HomeMy WebLinkAbout98-00954
J
~
I~
I
'"
>
oJ
~
~
t
~
......
'.. i
, ':II
~'
CJ!
-:"...1
\;,1
().!
,
DAGMAR D, PIING,
1'1alntJ.f'f
IN TIm COURT or COMMON PI,EM;
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
VLADIMIR J, PENC,
Defendant
CIVI L DIVISION
NO. 98-9';1,
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Pr.othonotary:
Transmit the record, together with the following information to
the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under 533JI(c)
X:\~Hp.<M<H of the Divorce Code. (Strike out inapplicable section).
amended
2. Date and manner of service of the jcomplaint: D~c~~98,_,~~,
Certified Mail, Restrieted Delivory, f(sturn Roceipf, HOQU8Stod, postago prepaid
3. Complete either paragraph (a) oc (bl.
(a) Date of execution of the affidavit of consent required
='_ 'J('
., 1(.... (j I
by S330l(c) of the Divorce Code: by plaintiff
by defendant _-:?":"'UL' ,(ri
(b)(l) Date of execution of
the affidavit required by
; (7.) Date of filing
S330l(d)
of the Divorce Code:
and
service of the; plaintiff's affidavit upon the ri!spondent:
4. Related claims pending:
ALL CLAIMS SE'rTLED
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to
file praecipe to transmit record, a copy of which is attached:
(b) Date plaintiff's Waiver of Notice in 53301(c) Divorce was
filed with " I l,~ j' "
the Prothonotary: " . )
Date defendant's Waiver of Notice in 53301(c) Divorce was
filed with the Prothonotary: -" ~'o
-----. ' I
,.
At lorne
7 ---
/'
r
..- /
fQ.t" (Pi~intiff) l<1)~"'m.tx)
/' J
// /''-- '
/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.
PENNSYLV ANIA
CIVIL ACTION - LAW
No, f ~ - 15-4- (/AU-c/L
Dagmar D, Penc.
PlaintitT
v,
Vladimir 1. Penc,
Defendant
IN DIVORCE
~OMPLAINI
I, PlaintitTis Dagmar D, Penc, who 0urrently resides at 5 West Redgold
Circle. Camp Hill, Cumberland County, Pennsylvania 170 II,
2, Defendant is Vladimir 1. Penc who currently resides at 5 West Redgold
Circle. Camp Hill. Cumberland County, Pennsylvania 170 II,
3. Both PlaintitT and Defendant have been a bona fide resident in the
Commonweal1h of Pennsylvania tor at least six months immediately previous to filing of
this Complaint
4.
The Plaintifi. and Defendant were married on March 19. 1960,
5,
parties,
There have been no prior actions of divorce or for annulment !letween the
rOUNTI
COMPl-Alf',IJ IN DIYQJ~CI;;rURSUANT TQ..s330lkLOJt 3301(Q) OF THE
WVO_RCE CODE
6, Paragraphs I through 5 are incorporated herein by reference as if they were
set forth at length,
7, The marriage is irretrievably broken,
8. The Plaintlfl'has !leen advised that counseling is available and that PlaintltT
may have the right to request that the court require the parties to participate in counseling.
WHEREFORE, PlaintitT requests your Honorable COllrt to enler a Decree in
Divorce. divorcing PlaintitT and Defendant
{ ,
; .
1
(,
II
,
\,~
~)
..
~.i. ,'-
u; ('i I '"
r'~~ ('~)
LLlr'..! , )
r ) ".-' ,
f"" ,
.1.," ",
J',I C.\._.
(r' f U) ( '-1
c'-
lL:l
, C.-)
i.l. , Iii
I., , , , cL
,- LL.
tL l~n ~,:
)
0 0' C,)
;J
~D
D
C)
~
~
Cl~
.,,,"--
.::)
v"")
-C)
"-
~
1\'\
\<..
,...,.,
,"\'>
\t.;
~
',i
'-.. ~ ~
~ V::>
N '.. '...::r
-.......' i'- ~
..:x--=> ~
~6' '1<
DAGMAR 0, PENC,
Plaintiff
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO. 98-954 CIVIL TERM
II
il
I
I
VLADIMIR ], PENC,
Defendant
IN DIVORCE
AffIDAVIT OF CONSENT:
1. A'1:om'~lalnt In Divorce under Se~tiQn 3301(c) of the Divorce Code was
~ \ h( fi". ( r'jYIt'I (,.J.;"r\~~'" I'
flied on 19 February 1998 and was serve a upo-n the Defendant on or about
I'
\?'I~) "it::__
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety
I (90) days have elapsed from the date of filing of the complaint and the date of
II service of the complaint on the Defendant.
II 3. I consent to the entry of a final decree in divorce either after service of a
I Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the
Notice of Intention to Request Entry of the Decree.
i 4, I have been advised of the availability of marriage counseling and
I understand that the Court maintains a list of marriage counselors and that I may
I request the Court to require my spouse and I to participate in counseling and, being
I so advised, do not request that the Court require that my spouse and I participate In
II counseling prior to the divorce becoming final
II I verify that the statements made in thl~; Affidavit are true and correct and I
I understand that false statements herein are made subject to the penalties of 18 Pa.
,
I C.S. Section 4904 relating to unsworn falsification to authorities,
( . ./)
/!/l'L}' , i' / J
_ \V~ / 'l ! J J1/1'('vt.' ~V
DAGMAR D, ~ENC
'3
DATE
I
I
I
II
I,
~:.1 ';
fr. /;'>1 I:,;
r:!; If:, ,..
('.:...1 ,
U.Jr: ( ,
Or' ./.... ! ~ -)
~::". ()."
C>l' l,.(,
[;) :
.J.I. "
__"II.; 1"
U,. j ,:: ,
f' ::::.
.. -
I', 0', )
u ,Y, l.'J
II
r
II
,I
I:
II
'I
DAGMAR D. PENC,
Plaintiff
vs,
) IN THE COURT OF COMMON
) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
) CIVIL ACTION - LAW
)
) NO, 98-954 CIVIL TERM
)
) IN DIVORCE
I
,
I
VLADIMIR J. PENC,
Defendant
AEflPAVIT OF CONS~.I
1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was
filed on 19 February 1998 and~~~~~'e.~t~ll Ltp'8kt'ti'~~Defendi'tnt on or about
II \ '1 ;i)(l ~(""'~'Y n~y,.
II 2, The marriage of Plaintiff and Defendant is Irretrievably broken and ninety
I (90) days have elapsed from the date of filing of the complaint and the date of
II service of the complaint on the Defendant.
I 3. I consent to the entry of a final decree in divorce either after service of a
I Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the
II Notice of Intention to Request Entry of the Decree,
II
I 4. I have been advised of the availability of marriage counseling and
I understand that the Court maintains a list of marriage counselors and that I may
I request the Court to require my spouse and I to participate In counseling and, being
, so advised, do not request U",at the Court reqL ire that my spouse and I participate in
I
I counseling prior to tile divorce becoming final.
, I verify that the statements made in this Affidavit are true and correct and I
understand that false statements herein are made subject to the penalties of 18 Pa,
I C,5. Section 4904 relating to unsworn falsification to authorities.
I lie, f'I~J,h r'ti~_ P~Ul1i.k
I DATE VLA[IIMIR J. PENC
I
I
I
I
>- N I:,:
q: 1(;
~~:~ .. .fL..
.-J
UJr,1 ('.j L)
C!r .".. ':.!
'!..'-, n.. ,--;:
<T \ ,I
C.r) ( ....0
'.1' ......." !~
lJ<<IL "
-~-'I ' (,:~ , , !,/
ij~ _(. ":;_1; [i:J lJ,.
1'- ::~~: ".;)
/I (J'i
Cl '-', (.)
DAGMAR D, PENC,
Plaintiff
)
)
)
)
)
)
)
)
)
IN DIVORCE
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
I
II
I
I VLADIMIR J. PENC,
Ii Defendant
,I
I
II
V5.
CIVIL ACTION - LAW
NO,
98-954
CIVIL TERM
WAIVER OF NOTICE OF XNTi:N]ION TO REQUEST ENTR'(
OF A DIVORCE D~EE U~DER SECTl0IIL3301Cc) OF THE DIVORCE COIU;
I
I
!I
II
Ii property I lawyer's fees, or expenses if I do not claim them before a divorce is
I granted.
I 3. I understand that I will not be divorced until a divorce decree Is entered by
I the court and that a copy of the decree will be sent to me immediately after It is
I filed with the Prothonotary.
I
I verify that the statements made in this Affidavit are true and correct. I
1. I consent to the entry of a final decree In divorce without notice.
2, I understand that I may lose rights concerning alimony, division of
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to un~worn falsification to authorities.
1(" tl(\.;0:::-L~
DATE ,
U;WJiJf;;1 ~.
VLADIMIR ], PENC
,,<<
~. ('I
2e U"'
\.., "
hlG:' N
~(~ (i~
~l.. 1"
r)l--'
r\fj< \D
l~..! i.\
r!ll r d
.1., ~J ;Co L
f--' ~(: :;.)
lL en
() ()-l (.)
~, ~ ~.,,' ..: '!
fJ\rlIV\JIIl.li!,'I\.i\ff
DAGMAR D, PENC,
IN THE COURT OF COMMON PI,EAS OF
, CUMBERLAND COUNTY, PENNSYLVANIA
PlaInt.iff
v.
I NO, 98-954 CIVIL TERM
VLADIMIR J. PENC,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH or PENNSYI,vANIA)
) SS I
COUNTY OF CUMBERLAND
I, ELIZABETH B. STONE, of Stone LaFaver & ShekletskI, attorneys for
the plaintiff hereby certify that I served the Amended Complaint in Divor8e
in the above captioned matte~ on the defendant, Vladimir J. Penc, at 5 West
Redgold Circle, Camp Hill, PA 17),11, by United States Certified Mail,
postage prepaid, restricted delivery, on December 17, 1998, as evidenced by
the attached Certified Mail ret.urn receipts,
>'
/'
;,
SWORN TO AND SUBSCRIBED
befor.e me t~is /'r/~ day
of IJ:._;'._d'IHtlH'lf_! , 1998.
ELIZABE
A~y
,/ /---)./
Y" /'
1/ ._! ,!
N~~~;rp:~li~;' lC IUd
Ii
COlIllIIIlIIWI:allll III I }CIIII~;.\'ll'illdil
CoulIly of C\1Il\bcrlan~I;:
DAGMAR D. PIINC I
ltllllllllll
I" lI,e COlli I of Co"""o" PIr.M 01
Cu I' ] 1 Co""ly, 1'""""},lvlI,,ill
III Jor..anc
vo,
WLADIMIR J. PENC,
9ll-954
r~"",
I'), ,""
,,,,,,,'............,,.,,,,,,..,,.,, .,,,,....,,....
,....".,...........,.,.,
Of.lf':lul."t
Motion for ^ppointmcnt of Mustcr
I) _0 ()
:.'.j ; 1
V l.illUIlliL..J..--1'_el1.c...____( lJ'.Iainlill. IX 1.lJvlcnUalll,uIIIV"5 Ih" 1:0111110 01'11011110 lIIa"I", ~iII; ll!511",,'i:'~llho < :']
101l1lY/hlll clal1ll5 I
kX) Iilv""" 0< Xl Iihllihllllllll oll'lol'",ly ;:~ tJ
( ) ^11011ll,,"1 I ) SIII'I'IIr1,:h
( ) ^"III~IY XX 1 CIIII1I5,,1!' ""5 :"~ :'::.1,
kxi MIIIIUIlY I'"",kol" (,I'" Ixl! Cu,h 011l1!"I'OIl5"5 ,.-' J,;
I
alllllll 5011110111I1Iho 11I011011 51alo5
I, IJIII:OVIJlY 15 WIIII"O(O as 10 Ih" l:Iallllll) 101 whl"h III" "1'1'"111111"1111"1" 1I1""h'l I" IO'IIII!5Ioil,
PlaIntiff I
ner
1,1 ho lI<~4It~ilil<X I.'.,s, I 1 ~,'-".I:~' al'I"'ill"ll ;lIlhl! i"lIolIl ) I'''''''lIally (X ) hy till ollollll!y,
__~eI th_~.:..Jl.eArmo_r:c~._, rlll"!1I1,
J. Ih" ,lallllolY 1:lIl11l1l~'IIUI "iJom lis) (nIl') ...3}.Q,1,JS:)..1t.r:ej:.r_e.lvab1lLbr.eakduwn.___
i :.,) , !~I
() I -'
) 'I h. ocliolll, 001 cOIIIO""11
( ) ^" nr,lccmclIl hilS hccllll!i1l.hml will! Il!spcl:llo Ihn lolbwll'l~ dilims'
O{)~ I he aclT11' cOllies' 011 wllh 1051",,1111 Iho fonllY/llIl! do11ll5:
._.___.~___!"cQ!,gj11:\s;.Qlgims..._,. .n._._ ._.___,.__
5.1 he ndlunl )~olv~~ I X}f. !!~.~~~.~~!~."!I_I"~I".~.I~.!lltlmllle.l: i!if,II{l~ nflaw 01 1111:1.
fl, "' 110 Ill1mlll'~ IS cXllr.cllHI 10 la~r. .____.
1
.".1",,''''1 "__n_____._____Illlly5),
,. Alltlill'lIlaJ IllfollnalitJl1, II allY I 11'11~V;lUll(j IIIl! fllf/liUtI
--~~~~~'-;-;~~-9~~-..._mN.IA__n..-"-.._- '."------U---F\'--r1\, -:---7"']--
1Iale __.____._._.n_ ....:_.___.."...._. _.c:~"t-~:cL\z:L..\h.__.
^1I;;""iY fill ( II'Iaillli1l
J<X)Iil!I"'lIlilIII
Samuol L. Andes
j{'~.ri,(:~-l_ f.lLt.If.4-_J.'-'d<- "... "."_._
,
\'2 ~ ('(;
^"U !lOW,_. 21(~#.:~. '__.n__._'" 19 (.. .. , ... r
["lllro, i511I"I"III""'~'5'l!1 Y/llhlO'I'"cl III II", ,,,lillY/I III! dalll's
C' "
.....".-lLL,..--
11\' 1111
\
(
I
(
I
!
,
,
,'I
.'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLV ANIA
CIVIL ACTION. LAW
Dagmar D, Penc,
Plaintiff/Petitioner
No. 98-954
v.
Vladimir J. Penc,
Defendant/Respondent
IN DIVORCE
PETITION FOR SPECIAL, RELIEF IN. THE FORM OF AN INJUNCTION
PREVENTING REMOV.&l, DISPOSITION, ENCUM~ERING OR ALIENATION OF
PROPEi.RTY UNDE!Ui~40 UUJl;L 40J.(!!1ill'.'.I.Hf.QIVORCE!;:ODE
t\NI>J'1\.JL ClY.LJ920 43
I. Petitioner is Dagmar D. Penc, who currently resides at 5 West Redgold
Circle, Camp Hill, Cumberland County, Pennsylvania 170 II,
2, Respondent is Vladimir J Penc who currently resides at 5 West Redgold
Circle, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Petitioner and Respondent are husband and wife, having been married on
March 19, 1960.
4, Petitioner filed a complaint in divorce on February 19, 1998,
5, Respondent has a residence in the Czech Republic that he visits frequently,
6, The parties have been married for approximately 38 years.
7, The Respondent has substantial liquid assets which were acquired during
the marriage, A copy of various investment account statements are attached hereto and
incorporated herein by reference as Exhibit "A"
8, Petitioner fears that Respondent shall withdraw the sums deposited in the
aforementioned accounts and remove them from this country and jurisdiction and hide or
conceal these assets overseas,
~'
WHEREFORE, Petitioner requcsts cquitable rclief as follows;
a, that an injunction be issued preliminarily, until hcariug, and finally
thereafter, enjoining Respondent from disposing, transfcrring, cncumbering, concealing,
selling, removing, or alienating any pcrsonally and/or really;
Respectfully submilted,
b, that Your Honol'llble Court issue an order requiring an accounting of all
itcms of rcalty and/or personally, and that judgment be givcn to Petitioner against
Respondent for monies or property due Petitioner as shown by said accounting and that
no further disposition, transfcr, encumbering, concealing, selling, removing, or alienating
take place without further order of this Court;
c. that Your Honorable Court altach said items of personally and/or realty;
d, such other relief as Your Honorable Court may deem appropriate; and
e, award attorney's fees, costs, and expenses,
~~~,
Keith B. DeArmond, Esq,
Attorney for Plaintiff/Petitioner
DeArmond & DeArmond
2800 Market Street
Camp Hill, PA 17011
717-730-9394
Supreme Ct. ID, No, 58878
~".1 "
~ ,
l'
r , !l
,)
\.c:; ,
r
'I' ,'-l
,
l r..~? \1
..I
,_.\
(,'" ";\
".' ..<
l.\l
'"
"';I
'-...
~~
't
'-
DAGMAR D. PENC, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs, ) CIVIL ACTION. LAW
)
Vl.ADIMIR J. PENC, ) NO, 98.954
Defendant ) IN DIVORCE
AND NOW this 3'"
QRDER
day of ~~ ,1998 upon the request of counsel for
the Defendant, it appearing that the Defendant and his counsel were unavailable for the
hearing which had been scheduled in this matter, we continue the hearing, The hearing
will now be held before the undersigned in Courtroom Number 1 of the Cumberland
County Courthouse in Carlisle, Pennsylvania, commencing a~' ~ ~'clock p,m, on Friday
4."~ '
the 17101 day of April 1998,
J.
Copies Distributed to :
Samuel L. Andes, Esquire, 525 N, 12th Street, Lemoyne, Pa 17043
Keith B. DeArmond, Esquire, 2800 Market Street, Camp Hill. PA 17011
ee-(~;u"" 1m,'; ,bk <.f /7/ q 8.
.:..I''\'
~ -.:1' '-
S7; C.: r~.
1--'; , . ',. J
I " ~E
f~_)
t,) f.i!~l
(J,.. '-a >.;:..'
(:::1 '~Li ':')
\,' fr' :';,'J
, , 4"i_. (:,{to
~"'[",' ;i;-_dl..
, "4<J "
/.!, (.~ t'ri
'::_l C;:'"J C3
i!
,_, '''F'.,~
DAGMAR D, PI;:NC,
PlaInt.!. f' f'
IN TH~ COURT or COMMON PL~AS OF
C:UM[,E:IU,AN!.i COUNTY, PF;NNSY L,VANIA
vs.
NO, 98 - 954 CIVIL
VLADIMIR J, ProNC,
Defendant
IN DIVORCE:
ORDE:R 01" COURT
_.~-~.--_._--_._-
AND NOW, this ----1'> 1-. day of -2L-:d..-v./'J ,
2000, the partIes and counsel having entered Into an
.agreement aDd stIpulatIon resolvIng the economIc issues on
January 20, 2000, the da te set for a Master's hearing I
the agreement and stipulatIon havIng been transcribed, and
subsequently sIgned by the partIes and counsel, the
appoIntment of the Master is vacated, and counsel can
conclude the proceedings by the filing of a praecIpe to
transmit the record wIth the affIdavIts of consent of the
parties so that a fInal decree in divor.ce can be e~tered.
ee: ,
Elizabeth B. Stone
Attorney for Plaintiff
BY THE
~~. .)
U><) d,~ .;;;JYJ PJ
3/0Q
RK3
Samuel L, Andes
Attorney for Defendant
\'
1\
i'
testImony on ttw factor of marItal Ifdsconduct as that factor
may have affected wife's alimony claim and to taks testimony
on the issue of husband'sreUrement, specifJcally his
employment opportunit:Les, H any, and his decisIon regardIng
re t.i remen t .
That testimony was concluded on March 16,
1999, and as indIcated, we convened today to contInue takIng
testJmony en the additJonal factors relating to the economic
claIms raised,
The Master has been advIsed that after
consIderable negotIatIons In thJs case, the partIes have
reached a settlement, AssistIng Mrs. Penc Is Mr. Ed
Gormley who is also present In the hearing room. He has
been actIng as a fInancial consultant to the PlaIntIff.
Counsel are goIng to place an agreement on
the record in the presence of the partIes. The agreement as
placed on the record wIll be considered the substantIve
agreement of the partIes not subject to any changes or
modIfIcations except for correction of typographical errors
whIch may be made durIng the transcriptJon. After the
agreement has been placed on the record, the partIes will be
asked If they understand the terms of the agreement and if
they also understand that when they leave the hearing room
today, that the agreement that has been placed on the record
wIll be binding upon them IrrespectIve of whether or not
they sUbsequently sIgn the agreement affIrmIng the terms of
b) At the sale of the property, the parties wIll pay
from the net proceeds of sa.l<1, anor the payment
of the real estate sales commission and the other
expenses incIdent to the sale and the payoff of
the lIens against the propert:y, the funds
necessary to pay their joint income taxes for
for the calender year 1999. In the event that the
partIes have not prepared or fIled theIr income
tax returns by the date of sale, they will reserve
$15,000.00 toward the payment of those taxes, use
whatever portion of those funds are necessary
to pay the taxes and, when the taxes have been
paid, the balance of the funds in that escrow
account wIll be dIvided equally between the
partIes.
0) the remaining proceeds will be divIded so that
wife receives 53% of the net proceeds and husband
receIves 47% of the net proceeds.
With regard to the house, the parties will cooperate to
make, execute, acknowledge and deliver any and all
documents, and to take any and all actIons reasonably
necessary, to complete the sale of the house and the
distrIbution of proceeds In accordance with thIs
paragraph as promptly as possible.
2. Wife shall be and remaIn the sole owner of the 1997
Chevrolet LumIna now tI tied In her name and husband
waives any claim to that vehIcle.
Husband shall be and remain the sole owner of the
1993 Toyota 4-Runner automobIle now registered
In his name and wIfe waIves any claim to that
vehicle.
The partIes repr~sent that the tItles to the vehicles
are clear and there are no debts owed on those
vehIcles at this time.
3. Mr. Penc is the owner of a CBA account wIth
MerrIll Lynch which has a balance at this tIme of
approxImately $258,000.00. That account wIll be
dIvIded so that wife receIves 53% of the assets and
funds In the account and that husband receIves the
remaIning 47'1,. To the extent possIble, the
dIstrIbutIon will be made by dlvidlng each of the
funds or assets within the account in that percentage
proportIon. Tho final determinatIon as to how the
distributions can bo made will be made by Fred Farina,
who is the account manager for that account. Once
that dIstribution has been made, each of the parties
wIli own theIr funds from that account and Mr. Penc
wIll own the account Itself free of any further claIm
from the other.
4. Mr. Penc Is tho owner of an indIvidual retirement
account wIth Pruco SecurItIes, an indIvIdual retIrement
account with Merrill Lynch, and an annuity account
wIth Aetna LIfe Insurance and Annuity Company. The
.total values of those are approxImately $264,000.00
at thIs tIme. Husband shall, as promptly as possible
after today, transfer into an individual retirement
account for wife, as a tax free rollover, assets from
his Merrill Lynch IndIvidual retIrement account havIng
a value of $139,980.00. The partIes recognIze that
an order of court may be necessary to make this
transfer and they will cooperate to obtaIn such order
as promptly as possible, hopefully today.
WIfe shall open an indivIdual retirement account
in her name at Merrill Lynch no later than 2:00 p.m.
tommorrow, January 21, 2000. After that transfer is
made, husband shall be the sole owner of the balance in
hIs Merrill Lynch account, hIs IRA with Pruco
Secrulties, and the Aetna annunlty and wIfe waIves
any further claim to or interest In those.
5. The partIes will file joint Income tax returns for
1999 and will share equally the taxes due, or any
refund that may be obtaIned, as a result of filIng
jointly. The payment of the taxes will be made from
the proceeds of the sale of the house, or from an
escrow account opened wIth funds from the sale of the
house In accordance wIth Parilgraph 1 of this agreement.
The partIes wIll cooperate wIth each other and wIth
whoever prepares the tax returns to prepare and file
those tax returns as promptly as possible.
6. Among the marital assets of the parties are a 1990 29'
Arnerlcoach recreatIonal vehIcle and an apartment in
Prague wIthIn the Czech RepublIc which are titled
eIther In husband's name or wife's name or joInt
names. The parties agree that those assets shall be
husband's from and after the date of this agreement.
Wife waIves any claIm to or Interest In eIther of
.those assets and agrees that she will make, execute,
acknowledge, and delIver any and all documents
necessary to confIrm them to be the sole and separate
property of husband hereafter or If necessary, transfer
them to husband's IndivIdual name.
7. Wife owns an Intorest in a 401 (kl plan wIth hel"
amployer, Commerce Bank. Husband waIves any
claIm to that account and confirms It to be the sole
and separate property of wife.
a. The partIes own a time-share unIt at the Tanglewood
Resort In Luwrne C:ount:y, They ~/ill transfer that
tIme-share unit and all rIghts associated with it
and all obligatIons assocIated wIth it to wife and
will make, execute, acknowledge and deliver any and
all documents, which wite's attorney shall prepare,
as promptly as possIble to make that transfer as
promptly after today as can be done.
9. Husband shall pay to 'tilte, withIn ten (10) days
of today's date the sum of $18,286.00 as part of
the equitable distribution of the partIes' marItal
property and to adjust for the difference In value
In the recreatIonal vehicle, the Prague apartment,
the 401(k) plan, and the Tanglewood tIme-share unIt.
10; The Court entered an order In this case restricting
the use or dIsposItIon of certaIn assets. That order
was dated the 17th day of AprIl 1998. The parties
agree that the Court shall vacate that order and
they agree that they will cooperate wIth wife's
attorney to obtaIn an order vacatIng that, as well as
an order approvIng the transfer of the IRA funds as
comtemplated by this agreement, as promptly after
today as possIble.
.11. The parties are currently resIdIng together in the
marItal resIdence. They shall by mutual agreement
divIde the household furnishings at the time that the
first of them moves from the marItal residence.
At thIs time the Court makes no further disposItIon
of the tangible personal property and the partIes
agree that they wili resolve that themselves wIthout
Involving the Court any further.
The partIes each waIve theIr rIght to have the Court
make equItable distribution of the household
furnIshIngs and tangIble personal property located
In the marital residence.
12. The partIes represent that the assets dealt wIth
in thIs agreement are all of the marital assets known
to or owned by them and that there are no other marital
assets except as are provIded for herein with the
exception of mInor b3nk accounts which each of the
parties may hold In theIr own names.
13. Each of the parties accepts the terms and provisIons
of thIs agreement in full satisfactIon of their rIghts
to equItable dIstribution, alImony, alImony pendente
lIte, counsel fees and expenses, or any and all other
claims that could have been raised or were raised In
this dIvorce action, Further, the parties waive
any further claim agaInst the other arisIng out of
the marrIage.
14. Except as hereIn otherwise prov.ded, each party may
dIspose of his or her property in any way and each
party hereby waives and relinquishes any and all rIghts
he or she may now have or hereafter acquire under the
.present or future laws of any jurIsdiction to share in
the property or the estate of the other as a result of
the marItal relatIonship IncludIng wIthout lImitation,
statutory allowance, wIdow's ailowance, right of
intestacy, right to take agaInst the will of the other,
and right to act as admInistrator or executor In the
other's estate. Each wIll at the request of the other
execute, acknowledge, and deliver any and all
Instruments which may be necessary or advIsable to
carry into effect this mutual waIver and relinquishment
of all such Interest, rights, and claims.
15. The partIes both acknowledge and agree that they are
bound by the terms of thIs agreement, having entered
it In the presence of a representatIve of the Court.
Although they may wish to make typographIcal or
editorIal changes to the written version of the
agreement when It is prepared, they both acknOWledge
that they are bOUl:d by the terms of thIs agreement
and they both agree to be bound by the terms of this
agreement as they have entered Into It thIs day.
\
,
IA dIscussion was held off the record.)
I
i
I
\
,
MR. ANDES: Mr. Penc, you heard what I
dictated?
MR. PENC: Yes, sir
I,
Ij
MR. ANDES: We have been here now two hours
and forty-fIve minutes, you and I have met many many tImes
,
DI\GMI\R D. PENC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
VLADIMIR J. PENC,
Defendant
NO. 96 - 954
CIVIL
19
IN DIVORCE
STATUS SHEET
DATE:
I\CT I:J.I-'l'~ ES:
( ,/' ,
:' r. 0 / C;3fll.~, E~'(~ t?~ ( -, J2. q&, .
"I 1"\ j . , ~r1J'\ (7, 1/ '% af l!.t9-CLi}L
VliM,nl, Jdf/.'/\ p:I~1~ Qq' j/PJlOHof
J t/\(T 7'1!Vrl'k.(, '/Il /1/" !I'..{lj .:)~ r . (j', J Y\;\MP I {(' I
_H1~Lill~~6 0 ,.m. , ____
J2ill~~~.' (;"(.1 F()<!*:"i).,\fY\-lYt.'.\.LUu.~b (I"y', )'{\ c:-+h:rJi<:/
"I I" 1.1'/,","""" ,;, , tJ,1iI,,,i,, I' /""""'''-'-;;;'/,11''/'''''' ""I('/t"(""
., I! ( '( Y f' I ,I,' .I. I (/ '(I I' .{. '-
/~~_..__ ~_} /J', <. Ii! _j" /!..~l'.,.r.o._'J.1I 'c:___0:.!.,--~~_~~___::'~'__'- .
f ' OJ I I I ' / I, . -, I J ,lJj ~ ..,-f-' (, , IIi.
:\""IiV/"'Tf!"'" "I t' -:I(/,!' 'I '/'" / 1) /(1 {j'"'''' ,I,
.!3.M"t(~L'-'~",f ,'/["""'" "'(~A~~_-,~_l"t."", ' , ,
------.-~._- A {'J.,i, "~I' I ,j , (I,'\"
1-~'''''-\\'U''\l!t'l'~1 (/"." """', III""" 'I t ,,,! ,,~"~'- '.
ifl ~J::=b;~ttl~e2~~1 ,Ri~'1~2;J~~'~~~0M.
f'i:Tv (\,711,,'" 'Ii "''''f'' {'/l.2'" hUt ,tL(t:1'v.71'~' (ll
)l"'~L'14.1+,\j A/ ,/ . ("; I( {/.",,,, '.k."'"'I,,.,,,,,,,(,,.(,, t,.""X,,/
v\. ,.' r'E(.I'~ 1.<, /r (' I r "'- _ ..-f
- __.__..._..m.'" );, ! -;-~.~-+,Ti_;;'7~-i' 'i,-;;';-'-i~.:-:-,7"'~;'~-;';;',:',--;,i(J7T;;" ;~-;--:-II'''' '
, I' I .../. Q .' , r ,) ~,I "" , 1/ ''/1 (O_l " r' /: ;^., ( \ '\{II
----., I ""(/'<,,! """,'JI' 1,' 'Iii I'"
+I.,~ '/ ,"-..' 'I .. J. ""V""jlL,./..-.uJ.L,,,l.L"<-~'d ,'",I','<,~..,C'_d"
-----=._~.~.-_. Iv~rr;':M:7~,L ~":'0\ ;''?7 "; t,( ,
I VLAD\YYl \ I~ ~~!~(
li,D, (~~~
eArn r H' 1)- I ()A. ) (I no I
-
1L (><(/\ \!VV\(J: 9(~~1 c .
11) '1 I \ I n \
rl\ I ) (f~)T ~)tr' /~ ~ (\ (_.\ of ~(
~ U\ ~ _I
(\ /,__'('!\ p '. \ \" \ Yi:I. 11 () \ \
~ ",_, ~"..,...-~ - '-~\iof,~
Mr. .oeArmond and Mr. Andes, Attorneys at Law
14 May 1998
faae 2
to discusS the issues and, if necessary, schedule a hearing.
Very trulY yours,
E. Robert Elicker, II
Di vorce Master
NOTEI Sanotions for failure to file the pre-trial statements
are set forth in subdi.vision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING
COUNSEL.
DAGMAR D. PENC,
plaintiff
IN THE COURT. OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO . 98 - 954
VB.
CIVIL ACTION - LAW
VLADIMIR J. PENC,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Dagmar D. penc , Plai.ntIff
ElIzabeth B. stone , Counsel for plaintIff
VladImir J . Penc Defendant
,
Samuel L" Andes , Counsel for De.fendant
You are dIrected to appear for a hearing to take
testimony on the outstanding issues In the above captIoned
dIvorce proceedings at the OffIce of the Divorce Master, 9 North
Hanover street, Carlisle, pennsylvania on the 16th day
March
of
1999, at
9:00
a.III., at which
---------
place and tillle you will be given the opportunity to present
witnesses and exhibits in support of your case.
"~'"
,,; E:t:J" "wideo' "dg'
Date of Order and
Notice: 9/16/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFF'ICE SET FORTH BELOW 'ro FIND OUT WHERE YOU CAN
GE'r LEGAL HELP.
CUMI3l':I<LAND COUNTY BAR ASSOCIATION
2 LIBKRTY AVENUE
CARLISLK, PA .17013
TELEPHONE (717) 249-3166
DAGMAR D. PENC, IN THE COURT OF COMMON PLEAS OF
PlaintIff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 98 - 954 CIVIL
VLADIMIR J. PENC,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Wednesday, December 16, 1998
Present for the PlaIntiff, Dagmar D. penc, is
attorney ElIzabeth B. stone, and present for the Defendant,
Vladimir J. Penc, Is attorney Samuel L. Andes.
A divorce complaint was filed on February 19, 1998,
raisIng grounds for dIvorce of irretrIevable breakdown of the
marriage and adultery. The partIes wIll sign affidavits of
consent and waivers of notIce of intention to request entry of
divorce decree prIor to the hearing whIch was prevIously
scheduled for March 16, 1999. The economic claims raised in the
complaInt were equitable distribution, alimony pendente lite,
and counsel fees and costs. Counsel for wIfe has indicated that
she intends to fIle an amended complaint raising the claIm for
alimony and she wIll offer marital misconduct testi~ony
regarding husband's alleged extra marItal relationshIps during
the marriage.
separated
marrIage.
The parties were married on March
April 17, 1998. There are two adult
ThIs is the first marriage for both
19, 1960, and
children of the
parties.
Wife is 62 years of age and resIdes at 5 Wes~
Redgold Circle Camp Hill, PennsylvanIa. She is currently
residing in the marital residence where husband also resirles but
in a separate part of the residence. wife is a high school
graduate and works as a teller at Commerce Bank and reports a
biweekly net income of $576.79. Her 1997 gross income was
$18,300.00. Wife is directed to file an income and expense
statement at the beginning of February 19Y9 after she has
received her W-2 for 1998 from her employer. Wife has not
raised any health issues.
Husband is 65 years of age and resides at 5 West
Redgold Circle, Camp HIll, Pennsylvania, where, as prevIously
noted, he lives with the wife in a separate par~ of the marital
residence. Ile is a high school graduate and has worked in the
restaurant business most of his life. He is currently retired
from the West Shore Country Club. His income is derived from
sooial security and monies he is drawing on an annunity with
Aetna. A substantial part of the money that is being withdrawn
from Aetna is being used to maintaIn the marital residenoe.
Mr. Andes has fIled an income and expense statement which is
attached to his correspondence dated .Tune 18, 1998, showing his
net monthly income to be $3,223.33. Mr. Andes is going to file
an updated income and expense statement. Husband has not raised
any health Issues.
With respect to the marital resIdence at 5 West
Redgold Circle, Camp Hill, Pennsylvania, it is going to be
listed for sale and counsel are going to accomplish the listing
within the next two weeks. Tha house Is subject to two liens, a
mortgage In favor of PNC Bank with an approximate payoff of
$43,000.00 and a home equIty loan wIth Commerce Bank wIth an
approxImate payoff of $29,000.00. The total monthly payments
for the two liens are $1,850.00.
Husband apparently inherited a cooperative
apartment unIt in the Czech Republic from hIs mother. There is
considerable dIscrepancy between the versions of how this
property was ultimately acquired and why It became part of
husband's mother's estate. In hearing arguments about the
derivation of this property and Its ownership and subsequent
transfer to husband, the Issue is about whether any or a portion
of this property is marItal. Counsel are requested to provIde
memorandums regarding their particular view of how the property
affects the equitable distribution in this case and the
surrounding law regarding the testimony which can be offered in
support of their respective positions. Mr. Andes has raised an
issue regarding the Dead Man's Statute about t,he exclusion of
certain evidence and we need to take a look at hIs brief as well
as Ms. stone's version of the acquisition of this premises and
whether or not the Master could impose a constructive trust in
the mother based on her version of the facts.
Husband has been drawing down a deferred annunity
with Aetna to maintain the marital residence. We will need a
current statement on that account and apparently wife does not
disagree with using those funds for the maintenance of the
marital home.
Husband has an IRA with Merill Lynch and with
Prudential SecurItIes and an investment account with Merrill
Lynch. We should have updated statements of those accounts
which have a fairly substantial value in cash which can be
easily distributed between the parties once we determine the
appropriate percentage of distribution.
~'
Wife has a pension/401(k) with Commeroe Bank and
aooording to her counsel, the only value is based on wife's
oontributions to that account. Wife is directed to provide a
statement of the amount of money In that account and
speoifioally what was in that account as of separation.
The parties own a time,-share in Tanglewood in the
Poconos and husband has suggest that it is worth $7,500.00.
Wife has not suggested a value and the best way to try to
resolve the issue of the time-share, If neither party wants the
time-share, is for the asset to be listed for sale and let the
market determIne the value.
The parties own a 29 foot Ameracoach motor home
whioh husband has valued at $18,000.00. Wife has not suggested
a value and is going to have the motor home appraised. An issue
in the case involves whether or not the second lien against the
marital home wIth Commerce Bank was in any way used to finance
the purchase of the motor home. It is noted that appurently the
lien of Commerce Bank is substantially more than the value of
the motor home.
Husband has a 1993 Toyota 4-Runner which he has
valued at $15,000.00 and wIfe has a 1997 Chevrolet Lumina which
husband has valued at $15,000.00. Wife is going to have both
vehicles valued to see if she agrees with husband's suggested
value of $15,000.00 for each vehiole.
Husband has a ohecklng aooount with PNC Bank and
with Commerce Bank and wife has accounts listed on the pre-trial
statements with Commerce Bank. We will need to have statements
of those accounts showing the amounts of money in those accounts
as of April 17, 199B.
The household tangible personal property has not
been valued by eIther of the parties and counsel have suggested
that the property be appraised and then counsel can work with
their clIents to determine what property each party would like
to have in kind.
The marital debt consists of the mortgage and home
equIty loan and according to wife's attorney there is a loan
against wife's car with York Bank and Trust. Therefore, the
value of wife's car, after the appraisal, would probably have to
be reduced by the lien against the car with York Bank and Trust
to establish a net value.
A hearing has previously been scheduled for Maroh
'~ '
The Pences were foreed Ii'om thc eountry in 1968, and Mr, Pene's mother movcd into the
apurtment at thc time, so that the Penees could leave f(lI' the USA. The Pences transferred Ihe
apartment to Mr, Penc's mother in 1976 so that it would not be confiscated by the govel'llment.
Evidently the government would not allow non-residents to maintain ownership of real property
in Czechoslovakia,
In 1994, the apartment again changed hands, Mr, Pcnc's mothcr tnmsfcrred the
apartment back to the Pences. The "deed" was placed in Mr, Pene's name alone, However,
further reading of the document ("I he deed") indicates that ifatthe time of transfer, the grantee is
married, which he was, the transfer is intended to go to both husband and wife. Hence, the 1994
transfer was legally 11'0111 Mr. Penc's mother to Mr, and Mrs, Penc jointly, as though it were held
as Tenants by thc Entirety, and thus, marital propcrty.
It is not necessary, as Mr. Penc fears, to introduc~ any testimony that mayor may not be
in violation of thc Dead Man's Aet. The Court could interpret the transfcr of the property in
1994, as the creation of a constructive trust. Essentially, through the evidence, it can be seen that
Mr. Penc's mothcr held onto the property only until such time as the govemment changed its
laws regarding non-rcsident ownership, Why else would Mr. Penc's mother have transferred the
propel1y back to Mr, Pcnc in 1994, whcn she could have passed the property in her will? Mr.
Penc's mother died in 1996, without an cstate,
Nevel1heless, through correspondence with thc Embassy for the Czech Republic, Mrs,
Penc sought a translation of the 1994 "deed", In that document, Ihc apartment rights were
transferred from Mr, Penc's mothcr to Mr. Penc, According to the certified translation of the
"deed", if at the time of the transfer the grantcc was married, his spouse would share equally in
all rights and uses for the apartment. Specifically, paragraph #2 states that the H[m]embcr is
taking in consideration that ifhe/shc WH5 marricd, Ht thc day of the transfcr of the apartment, and
the right to use this apartment origin[atcl during the marriage, his wife/her husbHnd hHve lawful
right to usc jointly, this apartment and equally share the mcmbcrship in the Assoeiation (it will
not apply only when thc hnsbHnd and wife don't live togethcr permanently), To this mcmbership
and Ihe rights arc both the husband amllhc wifc entitled jointly and equally,"
Becanse there was some qucstion as to the mcaning and thc extent of all rights and uscs,
further C01'1'cspondence to the Embassy ensucd, Attached to this memorandum arc copies of
Ictters from counsel to the Dcputy Consul and h;s responses to those inquirics. It seems quite
clcar that rcgardless of what thc Amcrican Imv is on the division of this propcrty, under Czeeh
law, that this propcrty is considcred to be jointly held by both Mr, and Mrs, Penc, almost as ifit
wcre a community propcrty statc, Since this is rcal property, under wcll-recognized principles of
conflicts of law, Czech Republie law will govern thc interpretation of the documents of
ownership, As such, thc Mastel' should eonsidcr the apartmenl as marital property and include
the valuc thcrcin as marital assets. A proposed solution would be to accept the valuation as
provided by the realtor in the Czech Rcpublic of approximately $38,000, and distribute the
marital portions accordingly,
/
Respectfully submitted,
/
/
/
.'
~--J---.-----
STONE\l,AFAVER &,SHEKLETSKI
-- '
ElizabcTh13, Stonc . /
Attorncy at Law'
Supreme Court Idll110251
414 Bridge Slretl(1',O, Box E
New Cumocrlllnd, PA 17070
(717)774-7435
Attorneys for the Plaintiff
Dated: _,l....~__L.LJJ I
STONE LAFAVER & SHEKLETSKI
ATT' ,nNEVe AT LAW
CHARLES H. STONE
DAVia H. STONE
OER^l.D J, SHEKL.ET9l:<1
I::LllABETH p, BToNE
414 BRIDGE STRE'.F.T
POST OFFICE bOX r::
Nr.w CUNIJEfll,ANtl, PA 11070
JON P. LAFAVER
~f' COUNSEL.
TELEPHONE (1111174.'14~!1
FACSIMIl.E(1171774.386g
June 22, 1999
Attorney Koudelka
Counsel for the Legal Section
General Consulate of Czceh Republic
111 Madison A venuc
New York, Ncw York 10028
VIA FACSIMIt,JLAND FIRST CLASS U.S,.MAfL
Dear Attorney Koudelka:
[ write this lcttcr in the hopcs lhat you can hclp mc with a casc that I have, I represent a
woman involved in a divorce in Pennsylvania, Wc arc currently bcforc a M.lster in Divorce who
will dccide how to divide up the marital propcrty in a proccss callcd Equitable Distribution. The
Master first must decidc what is marital before he dccides who gcts what. This leads us to our
current situation,
Both the Husband and the Wife werc citizens of C/,cchoslovakia beforc thcy came to the
United States in 1968, My client, the wife, worked for a military plunt in thc 1950's and in thc
late 50' s earned the privilcge of getting her namc on a list of govcrnmcnt housing condominium
apartments available to the workers of a prefcrrcd gov,'rnmcnt compuny. At the time, she was
unmarried, and listed her name alone as the one interested in moving into the propcrty, The
parties were married in 1960. The apartment under wnstruction at the timc of the marriage
became available for occupancy in 1966, Evcn though the Wife wus the one who had applied for
the apartment, and was called first to pick the apartment of her choice, was not named on the
deed in 1966, According to my client, under communist law, only thl~ Husband's name would
appear on the deed if you are mmTied,
The couple moved into the apartment in I %6, and stayed there until they had to leave in
1968, [n 1968, the Husband's mother moved into thc apartmellt, The dced to the apartment was
not transferred into the Husband's Mother's Ilamc until 1976, apparently, according to my client,
so that the government would not confiscatc the property, Shc advises me that non-residents
were not pennitted to own land. The Mother rCllluined in the apartment until her death in 1996,
However, for some reason, the Mother transferred the property out of her name into the
Husband's name only (her son) in 1994, The reason for the transfer is not clear,
The Husband contends that the property is a gi It from his mother. A copy ofthe deed
which I am faxing to you and will send to YOll shows, according to a translation, that if the
page two. Geneml COlIsulale- 6'22.99
grantee is married at the time of the transfer, that the Wi fe shall share equally in the use and
enjoyment in the ownership of the property, What docs Ihis mean? We need to know what the
document means, How does Czech law view the division of tlw real property in a divorce? I am
told by the other attorney thaI the Czech Republi,: docs not have to honor anything thatlhe
Master does here with regard to the division and designation oflhe marital apartment in Prague,
I realize that the Czech Republic is a member slate to the I'lague Convention on Recognition of
Divorces and Legal Separations, and the U,S, is npl. I also know that I could get leltc/',I' rogatory
10 enforce a Court Order that might be issued by the ('PUI'I; however, this could prove to be very
expensive, time consuming. and not necessarily successful.
Please call or write to the above nunlbL'r as soon as possible, I have 10 respond to a
matter before July 6, 1999. I do appreciate any help or dircclion with whkh YOll can provide me,
There must be some law that wil! dictate as to oll'lwrship of property held by the Husband while
he is malTied.
Very truly yours,
STONE LnFA VER & SHEKLETSKI
"
..---:>
." . /
Elizabeth 13, Stone'
//'/
,
"
EBS/lm
Ene losure
,
ce: D, Pene
/
v
\.
~ " 'I' "
\
,.
\ ,,'
'1':,1: JCW';II,I," ,,',"! ,o' " ',I "'I'
, 1','"",":'1\ "I'" "JI\'j
I~" . ;,', \" I"~ I Iii'
,',"'1: \' ("',1, . :",~ ') I l'.i ',. ,,'
", ", f, \
r'
"
"
, ,
!..,
, '
",
II.' clell, drulslYo
,I, .t I'. !' I"/,"t! tI, ~ 'I.' '" I'
" , ',t \ " / I, . I I "}!", ",', I"
" " III 1 (, , J t' ,"" ",": ~'!, q'q' ,.l\\'~;' , , '
"1',,1,:, :' 11",11', "I, "';',,, I
'r" 'I' .. "I ','"
I' Ij "',
Imenol.:,I\Vladimlr,/.'eno."",:1 ',,"1'1 ..
, ,
cl. Cd 243019", "" '
, "'1",' . II,'" I ";' "'" , ' 'd
r!,dn; clll'l, 011904 : , ,\ ,I', ','
! I ,I' , n'/!: ,: ,'I' ;,'
,
I
I"
,
'\,'
I'"
, ,
'l 'I, ,'",'
','
, \
'I
" ;",
I,' ,,', '.
nplaUt.lIlo Itlph 0
." ~'I i, j )': :,
., ' :' 'I:;' ~ L:" ", r,\,,,',I:
I' ! ~ (' ! lIlt ,,'I,
',,' "I
\
"".
; "q, ',I,
" . "
.. ',1'\,1' '1',11'1'
:~' I :' , .:,' ; ,II'", "
" r I I"
,I':' ,
, "
, "
; , , DOH 0 De'" ", ,
, :. I'" ,:,. ~ ::; 1, I :.1/:: ";\'.. \ q ",j'I'O, '\ '
, . \' " ,
. ":' I" ,""
utIVANI' 'DRUBTEVNIHO BVTU
"
"
I
....
o
,~ '
", '
, ,
"
" \'I"'I:I':"'~":vbbleklut' I :~:.t:SO-43,:" ":;'v~l. bylu:," 2+1
.. , ""'1' "",' , ,I. ,,. ,I"
I~' eY, c"bylu I podlall IS. b; 7", r '
1.,,1 "11 ~I '"I,: :~'~~:R,d;~ioT/;',,>~>~'p"~~'tul' 'j ~ N~.""~~'~holu 11 ,1)
, ,I ' . ~
I' "
, ~ "I . -, , '
. .
, .
, ,~"" i ~"~
,,'
"
,,', pI' J ' '"1 .~,\',"I'; ,,~.,.:~:~~,,;t)r+ ~{"',.'~~I~~iWf ~~va-'~~IW "~'~It ,~'1N!r~~,'~~'~~1~,.~i~,~~M'HI"'V" .~'" ::~tp . , ",,1' '.; ," :
'0 11 1994 'III"", ' , '", ""'/ '""", I" .
',1. DIUhlYO dnem '''''''''':'''i:''''':'''''''''''';'''''''':''':''''''''''''':'''''' 'odeYldalo' d~ulslevnlk~YI ,vyle uyedeny'drulslev. '
nl bVI ve 1I0vlh) u~\, !/ 155 obc. IO~, a ,CI. ~2 Ilanoy ~BD. . BVI Ie, ~ Itldnem, Ill/yaP I IPI~1I0bl.
lem Ilovu - eyen!. zoyodv bVly' lepltlny yprolokole 0 j>levreH' - pledonl bylu, klery Ie IOU.
" c(ulf,hho dohodVI ,,,,:,,, "'",,',,,,',,' ,',',".:.,', ,', ',' 'I. ,: : "I ',;.,; ',:',~'I
. " ., I' . .' " ~.,' \ ' ~,~,~ :Ir,; , ' ,'"
2, !Clen bere 'na ~idomr: Ie 'pilkutl bv(kel d~I" pilidtlnl bylu' !lin~l~ (vdan6) a' "r&v~ 'no plldi.
',. lenl druhleynl,ho.' by III :Ylnlklo..!\la Irvtln,l Iphoto man!elstvr, :~Inl~tl ,~nem pfedtlnf bytu
.'" Jeho moille1t~ . manleloYf"polll I, pr6vl"." .polecneho ullvtlnl, bylu I,~;".pol,c~p I' clellllvl
~ i, druhlYu (10 neplatf paule, poku~ Ipolu lIynle nelIJl). Z t~',l~',q,\~I~nllvl, I~f>,u,o~af m\lfllele'
aprelyninl spolecn6 a. neroldll"6,, , ' ". ",' . ,\ ,", " '
,-'11< ' ; . ", Ii 8.11,1994,i :;",:,.'(-:,':::.',h ,,'.,i','I.'j, '. ':;'1 ~ -I' "'10' : ~ :,,' ,I;
, 3, Po~lnale dnem ...."."""".,:,;""''''''.I''''.'i,,..,,:r:'''''T''.'j'.I'i liul/ya\e,1 povlrlpn hradl"la ,ul/vtllll drllhleYn~
, 110 bylu 0 la Ilullly, Je)lthl po.kylovtlnl e Ipolello I u!rytlnlm bylu, uhrddli v celkoye yyll ' ,
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..,'....,,,,.,,,,, KCI r:i.fcn6. VJ!e ulirody byla Ilonoyenil podl. rOlpoclu hOlpodalenl \
obJeklu 0 lel16v6 z KKc. :Ili'f~Cl~<<?'h.,....~....?..",,,..,.. ((I:,kla, d uhra,dY~ ., , , .
ill """,,,,,,,.......,..,,,,,,,,,,,,;,..,,, ,,,,,,,..,,, I 0 lY la . uILlY)., .
pllcem! Itllohu (1,0.1 IPol~ytoytm' "I~~by druhty,<! rocni vyilclu/. .; 16lilodu'Ie Ikulecnyml, na,1
klCHly liahl~ Iluleb a'/.Yrr~t.o.~~nlm ul/vol~le ~e1l16ml nt!cle~.kt\, la, hti,~~ ob1eklu:". ,\ 1\
'-,:"i' r,", , """ I, ", " ~( 'f-,.,I\ J I II'
, 'ri)" I'" ':, ('I' VLT) "I' .::"" '1~--:",,"~' ,', ..,.' 'I
1\. . .. "1, ',,',' , :.' ,..1', \,
"~'I ,'l~ /I, :Ifll" 1'~:',:I,i,,~:, ,,>I~~'''L:~\ ',j":"l
\
I
,
\
,
I
/
f ,I
"_"I
, '" '. ...,Vrl.~i'~IV A.~.~.~~t~{'f'{i " ';'ffii,Wlt'~' ~I~
..&1..., , ,'. \ ''1IJ.{IlVI:w.~!lt:.'''<~ t "',:~l!4,l:tl~ ,", 'i ~,y~j <""
' :,:.:~;~.:-',V;< '!. ., ;fit I JVfl-~ .., ~"1 flirt", ~!: ,~< 't,,: ~ I . ,,:t ?f ~ ~':.'
-i~(-':-"\.tI},;:,, I . 'I 'c'i)~ ,f ,~ ' Jlilt('.,~ .1 ',Ii-' Vid! I''ll~, llrnS~~"'Z-,
,; ". ,l. 4., Shola uVldln6 tih,ada 10 ullv~nl byl~ a'pllpolell6 slulby.,byl,! .Io~oveno no ~~bu n.u,~Hi>,
,,'~" " , . 11m, Ie doJde.1I no laklad6 VYlledku hospodQlell1 obleklll 'e ImA"am Jeho 'rolpollU; 'lava,
1 ':~,,'ilt: ~~: ~~r~~;'~~:~,r~~:~:~:o~,j::v~~"adY ~~m6nll .d~h~dou:Ne~~I~e'lI.kla,k?V6 ~~~~:~~>"rll
i~~;;r~!1.;" ' ,. Druliiev"lk II la~~;uJe pl~1ll dll'I~~vu 'tih,adu' la IIl1valll bylu a lal~h~lo ,slulby spoJe,,6
~r:, ; ", s ullva"lm by!u (doilavka '.p!a. lepl+vady) ne)pold611 do paleho ,dne nasllduJlelllo m6s1el. '
:.1/,;'" " !I 10 viluln6 prolllednlelvhn Iporoli,a nebci slallnko~ druhlva. aloalen\lu "IedUsklm .vl-
"',1;..~,{,:';, . denlnlho lllla bylu (IIvedena V lohla~I)'..r!l ~01.d6rllljl, ~oplaeenl tih,ady Je druhlevn/k po.
't.., , , "vlnen luplalll drulslvu poplallk I pro~I",,1 poWe , fa vyhl, l, 45/1964 ,Sb. ' " ,
~~~;i'i -.. 6, Rouoh pr6v 0 'Ilovlnno.l,f IPo,l~lIiel: .. uli~6~lm'~~~~t' Ir'~em'cl,ul'IV~: Jo~ol 1 's J~I;;;' ud,fo-
'lm;':ili: 'v6nllJl druhlvem, .. vleml dUlledky, u,~uJe'.oblans~ 16konlk l. '40/1964 Sb. 0 ).lIa prov6.
,.fA:;\,' . d'el pledpby, Ilanovy, d/llillvo, domovnl 16d ,0 pf/padn6 dolll pledpllY,
. Jt~lj,;i 7. ~~r~~~:' ;~dv~~.~~~I~of~:v~V;:,v~:f:.::~: ~~~~~~~:v~~; :V~, :~yd~~:~to~ 1~~"~~:;I'~1 P~;:'l~~~~~~ '
')'\1" ullv6 a Ida dod,lu)e pll Jllla'ullv6nl'slanovy druhlva"Jokol I lechnleki slav byln a, Jeho ,
':'~;', vybovll,!!. Ullvatel I. PC?vlnln lulo prohlldku umo~nll 0 pll'dlolli 16.lflpeum'druI4Ivav~echny ,
'fij<,t,. \ vyl6dan' podklady, vletnl P'Uk01U,psob, klfll' .bVI'Ill/voJI. Ma.1I doJ/t ke skon~lnl ullvanl
;,~".'It"'!'"."t.,(.',,f,.r."'" ," ~~:~J~ :'~~s~:vn~~a~~V,ll~'S~~~::};:~I~;:~:lrdk~ bY,lu' ~Ienu drulsl~o~ klel~y,', 4e 0 plld6l~"1 bylu
.... ',' ,"'l . . t: ,.I~'ol.' \'.l."..,' ,',t ::...\',,":'.':"\l~ "",'1' :,1
,. .t, I .,' .
" ,,"",\,,., " , , 8. Tulo dohodu he lIulll: ':" ,.""
:l\~:_:.'i":};;:: . . ". .." ..', ' .,1,., . I . ': .
(,1(:;'1', ' ,I' . ',', 0) pls,mnon dolloilou merl d/~'.lvem a ,~I.~~m".kl'ri ,bVI ,ullv6, . uvedenh.. dne, kdy IIl1v6.
jt:~.J':, ' :," ~) ~~~~~I;~kO;,~~m~nim'julsl~~~;~:~::' 1.:~~b~d~'bYI'd~<UIIV:I~':~lIv6n'l ~Ylu k~nll ~e kan'..
,r', 01 kolendalnOIO ml.lee,' klerl n6sllduJI po n\611el, v niml ozn6menl druhlvu doJdll,
-~, i' _ i , "
'~:{(iJ!~'!"\~~;f~;;~\{; .:ll!ll;~1 ~~~!!l~t~,I~~~mle~Yt~'I~I~'l~yl:lf~l!l~hl~u,~ :,~~~~~f\~ ~':~,.'f:l'~~,~'\! ~:'."',~~~\..i ~!1;." .,,~ ,'~
':<:'Jt., '." , ",<,', II) )Iniml,lpO,bby pl.apok 6danyl1\I v obaon.k'm i6~o~lku" anlbl) .v'e, .\anov60h d,ulslve. '
"~{,I" ' 'K,' dnl; k~iskonll'li"'v6iil byi~: H"trl~'ci','1 povlne~ ~yl vyklldll p' ollevldat Je, d/nlslvu ~lt
, .' slovu, vlok6m mu ~yl pledan';pll.dem.ll"pllhllll ~,ob~kl.l!"u opolllb,nl.. .", '
~, : ". ,', , r' '.. " , I.' .
9. Clen se lovaluje Ipolu ,'pllllulnlky slii do'm6enoill do pledorillho d,uhtevnlho'byiu .e na-
,'16hoval do II~ ~6.117u I a} i Irya.l~mll'" pa~Ylu plll~I~I.1l11do, ~;dn~ ,od nilll6hovont , ,
10. ~okud ullvolel' IIskol by; 'n~' i6klad6"Vi:;;'ny; -pl';vbdu ~'Ienikyeh pr6y'~' povlonolll,e ~,6-
Jlmnim VYPl?l6d6nlm, odpovld6 I 10' ,even,: nldoplatky tihrody 10 ullv6nl bylu 0 p"poJen6
slulby pledchilllho uflvatele, . ":,, : I )' :,',:: :' ': "
, t" . '. . .', \ .' . ,,!.It",'! I '; 10. :', , t .~,\' I~. :,', '" . i: ' .
'j ., \ .' ,"1'1, .: ' " .
,11. Talo'dllhodo J. vyholoveiia vel! e.,~pl~lIehl diuhlevnlk l'ilfUli\~0~6bdrll po Jednom vyholo-
1) ',,"vilnl.' Pllpodn' Im'ny 11\0hilU ~i' 'piovldeny' Jln pl.emn!'ll formou., ',', .
"", . ,', "'f,...:I.:I"I.~.:tll"'.,;...,r.:,.:;.~:~I:..,:... "I~.,.;..i4
I ,," I I ,.,- \ .'It " I" ,"
, .", ." n. ,'\' , '",'"
, ,. " !".. ,Ill ~,' .. ' ,. .." ,
v~. iI ,8,ll'~19~4:: \'!':)~"I~ir" ,,;' """'B"lt':"'~:"d""\'M!t'- "
,.. nt .."..........."\",.........,....."....,'""......1.,,.1.. ,1,,'..1,,,,',:... " ',' V ~Va ru"s va , "',
. ~ ',' '. '. ", " "".""""",,1 'i', ';tllkov' ~ "":'.
", " , '~, , "" "...~~~?~,~~~~.~~.~~",,' "".."" ~~....._-"
, ,aallka a padpl, Imoc. 16.1 d,uhlva ..
, ,
,"
-;
"
l
t'
.
",
, '"
"':'
'.
.' ,
'U....N..
, .
"
'~. .
.,;"Ji
I. Construction Apartment Assoclationi~ ',i ~~'~ .
Zlzkov, Prague Hukasova 184/1 ',; :'5'I'Jt~\~,i ".'l',:, \ ,I i.l''''' ' "
"~'c'li,.~~,~~~'~ 1", it',); f'" :\':"1'1 "., ,
~" ! \l"~~' I \ ~ 'if I I." I
II. Member of Association ",I.d"'I' '~.,lh ;"" 'r'H '\:" :~~nl'1",' ;" : ' ),",
,Name: VladlmlrPenc ":'l\i~l~l\t;y.h!l~!fh'i~I,\i",~,~),~;:, io:~\':'!I' ,;' '. "
Member's #: 243019 , ,\',!\",VP,i"j\ flu ;lU;,;\iY:,{ WH;, ,', l'l~f'l,\! IWi; ", ,
Birth J.D.: 011904 ': ".1,,1;'. ,~,:,::t' 'lliil~" '!'I~' I ."
, , f',j(~ffxl~~, ~~jl~~I~#~1l:f"'" )"!~Ir ~\i 1":': '
. 1'".~'I\~' Iliitl~',~1< Ql ~:1/'1 A'~~\, i ',I"', :;~' 11\" )
, ~"-'l":. , i~+_ j. -1 ~ '
':' !~~.t I 'l'If!I:Ii~j'(!ff~~,.'~t Iflif"" ' }' ,''I Ii'",
, "AGREEMENT'lft:U:il~'_'I";~"\ki,1#ll';I'('f" t~\ II '
I' 'I', IJ '~'
," '11"1 !~':f ~ll 'tll(' .:'; (1:) li'r' , , """',I! '
" ,Hr' ~1~~~li0i"f'~Ur\{'I~ t.';I! ',1;\, I ;
=,~:. ",""ofA~~mo~;,~~j~""~~;I;~S,/.t,2+1 of
, File # of the apartment: 7 ,fM"i"~~'\i"jr,,,i.: '., :';
t,' ,. . ", . '"__".,__'lijB-:",, ',,'- -!)'\' _.\'___11 _ ";_.,,,
, ,Address: Prague ~i~.uij' "~,,,<' "I"! ',;,';""!,,,!,
6., I ,. _ . . . _,., ,'.., ,-' fl,t j- - -- '.H.f'-'jP-~'" u'~!l'
1 d:; -', j"'''t!'?-f)\-~t~~~j-'-!-- -:~,;L,'_'_',.',rli~\'\-\:h-" _",.tl.._~.L;\:~"n'f/"j ."
, _' '_ .', ' Ii "uffi'!'1l-' - ,_\J))J).<!-"\.:f("_~_'r._ ,,::-- " 'l"';
1. The Association, on 8/11/94 transmitted w,ilj~.~bi?~9.,'~~ri~,mem~r,cooperative
apartment at interpretation of the coastl~~,'~''1!'!,~.Y1" ,p,1111l,)~~\, l'U,' '~,'"IJC l,a"W,' 1I,32~lcle of
the C,A.A, apartment is proper condition tq,~,~;;~99.,W!lg~t~~fects,were !!~ted in
the record of transfer ofapartrnent, which is a part <>fthls ~ment ; 'V! .:v
2. Member is taking in consideration that if~~~e,,:~:rn~~~fthe dayofthdtnmsfer of
the apartment, and the right to use this aJllll'tme,l,\t..~fl~~4~~pte D,larrl~ge.,his,wife/her
husband have lawful right to use jojntly,t.\1is.llJl8rtm~t,.~4,~tili1ly si)are the membership
in the Association (it will not apply only when,the huS1Wtcl.aiid Wife don't live together
permanently.) To this membership and the rl8htsare'boththo'husband,and the ~fe
entitled jointly and equally. " ' ! \,,;;I'~'~,,~,ii; .",'t,ii\".,'",f,\J,[t.r"I,lh~I,',.I,'!,,:,Il'\','.,',',,:.',',' i,', ",.' ,,,;' "'-.'. I!':, /:; (
. 1 ,"" " ,I '; 'i1(;; ,,*.~~~~~~ ~!\;;~N:~-r~~l,L~~~~;"-';~,!';~r.;r.ff.;;' ;-~""l\ , ,I
3. Starting on 8/11/94, the apartment user Is responsible to cover payment for the !JSC of the
apartment and the services connected with useoftheapartment.in the iiinount sum of
Kcs (Crowns ofCzechoslov~a) !1l6rit!UY";Am~u,nt of payment was ,
detemlined by the economical budget ofthe~Uildlng'cOmpleX(se(fAgreenient ':0".)
(Base of payment) Kcs payment (advancemenf dePosit) thealtvancement deposit for
thneededd sefrvthices willll\ld' summarizethd an~!~~'~~~'~!'~~~be~w~!.~.efi~ri~,statement at
e en 0 e year, an announce e reSWl at Ule mem r s \\i~t1ng. ''(.' I
.' ",,;, .' ,~!1t 't~l'f:~' "~.:~~rit~~l,~:/,~~:f~(:~~,~"'tJ' -", ::,:"" '!
4. The above mentioned deposit for using the a~lent and, the payment ,for servi~es, was
set for undetermined time with understanding that If there Ore any changes in the budget.
as a result of the management of the buildlng,'the members are obligated to change the
original budget by the agreement. Ifthere are.:n~ changes In lliebu,(Jget, remittaOce will
be determined by the'board of directors, ofth,e'~~Ociation,.~.~'ttt~;,i.,!i, "",;;,1,'iy,.'
"t:<:'-ji ,'(J::t, '1:1 1t.~-"'/l,_,,-,_,, \ r;fl~A1t'~\m~r '}1;r":~' ';
',;;'\'~~~.;~!x.,!.~J'i~;1)i.~"';t f_:"" ,,/,i,"JJ~,\~~(~_~~}" i1!:,~r'r;,~ !,
5. The member is responsible to reimburse the ASSOCiation for the use of the apartment lIIld
the services linked to it (hot water and heat) not later than the fifth of the folloWing, ,
month, and only by transfer, or direct deposit slipwith preprinted~\1JTlblir iofapartment
'..'11" '"',, I" ,..,/,,,,,,.
i '.:.; 'Ii" , ?'-:' '-,,' - '[ ,,'.';,;:> ,!:,,' '- t.;~~;:--,:' - I
I" ,,',:;:_
\
1
I
!
I
I
','... .
:1,; , '\\. '~.)
'.0,
. , . i I :; ~ lit.,' l ~,p !')' ,;.{ I}. ,I 'f." I
(printed at the top). For delay payment, there will be a late fee charged by public IKltiCt: '",
,10 I14SI1964Sb... ,,' ", '""":,, I IMI "".,',;", , , ,!
. '., , /'"}.,il .....:.4'.. ", ),1 \ . 01.:-1.';,. " ,'" I'
" '.' 'I -" -,' \of "0
Extl;nt ofrlghts WId responslbilltiescoMccted with the use of the apartment by member, ;.' ',./
lIS well lIS, othcr, consequences are delennined by the fllhl;", /lvti'ee # 40/1964Sb,aiid is a .'~
guide regulations, statutes o(Association, building rules and oiher relevantregtihitions. ,.;, i
" I
, "...""~' I"~~~i' ", "[~' ,'", I 1;,'
J~ ;J~~,"~:~'" -', ~f'l ;,~ m:j'!t,'(~:~~:~.'1!;!!,,~_::_~if'::'II:.~\;'('_~'K':::'b\rl
., ',r,. , d'l', 'I"lit ,
. I 'r;+- - .'; :' J' .' '-";' ,. -. ii' ; :t,'-,! f'. '"i~i - - :;j'-" Iii .;,. '.-, . "".' "",---
''t''- 'c_' , :'I ".Ill.HI;,"" ..!. ~r'-, ... ,'I .;.)!
,~ ; N " . "";:;;'\; -"; J ,-\ r,' -i,';' , .(,'
, ';~1Ilt~:.;r~~!q!,
'/", . ./I!",". 1
, ~'H'
-. .l .r"',, .
4 . " '1 ''-'.ll'-'''liUJl ~i
,
"/,,, ....
.:6. '
7,
l " . , \
The Association reserv~s ~ right tp Ye1<arnlne the apartments once a year, 'ori the
previously agreed day'aria hme, by the Representatives of the Association, to see ip wha,t,"
condition the user keeps thc apartment and Ifhe/she obeys, the 'regulatioilll o,ttliel 0~ i' " ~
Association. Also the conditions o~the technical facilities (equipments). The user 1s
responsible to make this examination possible ~d submit to the Representative. All
require ~ocuments including I.D. of all the people who arc using the apartment. If there
comes a time when you decide to move from the apartment, the user is responsible to
. make exwnination of apartment by the new interest.ed member of the Association, with
, pllI'licipation of the Representative of the A~soclatlon. .'
\'
. ~ -.
8. This agreement can be canceled,
a) By the written agreement between the member and the Association, with the date
when the use of the apartment will end.
b) By the written announcement of the member that he/she is planning now to use
the apartment in the future; the use of the apartment will end up, by the end of the
month, following the month in which the announcement was submitted by the
member.
c) By resolving membership in the Association.
d) By any other manner pre-conditioned in public legislation or In statutes (book of
rules) of Association. The day the user discontinues the use of the apartment,
he/she is obligated to vacate the apartment and tUn! it over to the Association, in
the condition that it was received (taking into account nonnal wear and tear).
9, The member is obligated together will all the members of the household, to move into
rendered apartment till 3 months, and announce his pennanent residence till 7 days.
10. When the new apartment user acquires apartment by exchange, the transfer of member's
right and responsibilities with mutual settlement; he/she is responsible for potential back
payment owed on the previous user.
II. This agreement was drown in duplicates, the Association will keep one copy and the
apartment user received another one. In the case some change occurs, it may be carried
out only by written fonn.
At Pmgue: 8/11/94
Czechoslavakia
Apartments Association
Zizkov
Lukasova 184/1
13000 Pmgue 3
Signature of Member of Association
4. EXt:t1fill.S, The exhibits which Defendant will offer into evidence will consist of
tax returns and other documents to confirm the parties' current incomes, copies of
statements and other documents showing the balance in the marital accounts held by the
parties, and documents relating to the non.marital assets owned by the parties (which are
in Czech and will have to be translated before they can be offered into evidence), The
Defendant reserves the right to offer into evidence any additional exhibits as may be
necessary to respond to the Plainti ff' s case,
5. INCOME SIAI.EMENI. Defendant is retired and currently receives income from
the following sources:
A, Social Security benefits in the amount of $1,135,00 per month,
less a deduction for health insurance,
8, A draw of $2,200,00 per month from a deferred compensation
plan with Aetna Life and Casualty Company,
Defendant estimates his monthly income, net of income taxes, to be approximately
$2,400,00 per month. A substantial portion of that amount, however, is the liquidation of
the principal amount of the Aetna annuity, which will probably be consumed within five
years.
6, EXPENSE SI8TEMENT, Defendant will file, prior to the time of any hearing, an
expense statement listing his then.current living expenses,
7, eENSION.INFORMA.IlQJl,!, Defendant is retired and is no longer accruing or
earning any pension benefits, Defendant is, in fact, consuming pension benefits, by
draWing on the Aetna annuity, in order to meet the current expenses of the household.
Defendant believes that Plaintiff is accruing pension benefits through her current
employer but has no confirmation of that at the present time, If such benefits exist, he
proposes they be valued by an actuary and treated as a marital asset for purposes of
equitable distribution,
8, COUNSEL FEES, Defondant has raised no claim for counsel fees at this point in
time,
9. eEBSQN8I..ER.QP.fRIY, The parties own a house full of furnishings and other
tangible personal property, Defendant hopes the parties will be able to agree upon a
division of those assets but, if they are not. he reserves the right to have all of the items
appraised and to have the Court, if necessary, award the items and apportion the value
between the parties as part of the equitable distribution of the case,
10. MARITAL DEBTS. The only marital debts known to the Defendant are those
listed in Exhibit A,
11. PROPOSED RESOLUTIOIlLQUCONOMIC ISSUES. Defendant proposes that
the marital property of the parties be divided equally between them and that all other
claims be dismissed,
~
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761.5361
f;XHIBIT A:. MARIT AL.ffiQfEBIY
,- AMO~
DATE OF MARITAL
ASSET VALUE VALUATION PORTION LIENS OF
LIEN
- --
Marital residence at 5 $250,000,00 5/98 100 % Mortgage $43,000,00
West Gold Circle, East lesl'dl to PNC
Pennsboro Township, PA Bank, NA
-
Horne $29,000,00
Equity loan
to
Commerce
Bank
--
Husband's deferred $75,000,00 5/98 100 % None N/A
compensation annuity lest'd) known
with Aetna
-
Wife's pension or other Unknown 5/98 100 % None N/A
retirement benefit with known
Commerce Bank
-
Husband's IRA with $100,775,00 12/31/97 100 % None N/A
Merrill Lynch known
Husband's IRA with $41,154,32 1/31/98 100 % None NUl
Pruco Securities known
Husband's investment $269,722,00 12/31/97 100 % None N/A
account with Merrill known
Lynch
'~'
EXl:lIBLT B - NON-MAIlIIALfR-QffSIY
DA TE OF REASON FOR AMOUNT
ASSET VALUE VALUATION EXCLUSION LIENS OF
LIEN
Apartment Unknown 5/98 Property inherited None N/A
condominium in by Husband from known
Czechoslovakia his mother
--
_. -f- ,
I"'L': 'L': 'e":""'" "I"'S"""'L'; E"':"'" C""'O"'p"':y""
, 0.. 0.' ,0 0 .'. '. . ,..'
,'. '. ' . . .0 " ". , .." '0 .
'.. . '. . " .. I. . . .' . .. .:....
'. :'. " ~.". ' , \" . ~." . . ".:" . . ". " ~..., , , ~', '. '. " ..', . . ':
ILLEGIBLE COpy
ILLEGIBLE COpy
~'
CMA of Phillldell>hill & Vicinity
c/o Madeline Santinel1i
P,O, Box 745
Unionvillc, PA 19375
"* -I\- "*
,
[-,f'W_fO r-Hn;,' ;'W ih
'Pt.A1NTIFPS
Ei)(HIBIT. .
\
:-:._,-< . ~L_(L
Vladimir J. Penc
5 West Red Gold Circle
Camp Hill, PA 17011
... -l~,j"'''' '1'" f,jf,j'i\ 1.,.11111,111,11,.11111,.1111,1111 "dl! 11111"II.'I,I,I"ld,l
1,"
"
"
. t~ - ,
'"I .,,.0._,
l,~,_ ',~ . ;--\'_
I
;~,
'I
{tj'",'"
,'"
0'
.<
" t_, I.
\li_
,
"
DIAMOND IN THE ROUGH
"RISKY BUSINESS"
I had not intended that my next column be a continuation of my last. However, [ am aware of a clubhouse
renovation and a job search going hand-in-hand. [guess [ did not think it was going to happen to me,
No one ever said we had easy jobs, Except on those times when you meet a guest at the club and you are told
"Wow, you run this club - ! have to work for a living," These types of comments not withstanding, we know
how much we put into. our jobs, [lost my job at Indian Valley because I failed to follow orders, Just like Tom
Cruise in one of his first movies, he disobeys his parents when he is left alone for a week, We are left alone
many weeks of the year. We arc not kids, We use our good judgement every day,
I hate the term "Micro-Manage", [never use it, probably because it is something that we are not taught.
CMAA defined the General Manager concept ovcr twenty years ago and now endorses the Chief Operating Of-
ficer in private club administration,
When we are hired at a club, we think we know what we are getting into there, As the Board changes each
year, the rules may change. We have to keep up with the niles, Regardless of the fact that we know the opera-
tion better than anyone else and the rules do not tell you what to do; just what not to do.
We ll@ in a risky business, That is why we plan educational programs on local, regional and national levels for
our membership, I encourage all of you to attend as many CMAA and allied association events as you can each
year. The inherent dangers will always be there, but that is our challenge in this profession,
DONATION TO WILLS EYE HOSPITAL
The Board authorized a donation to the Wills Eye
Hospital in memory oflong-time chapter member,
Daniel M, Layman, CCM, who became an Honorary
Member ofCMAA in November, 1979, and achieved
50 years ofCMAA service in December, 1997,
Mr, Layman began his career as a clerk at the Union
League in 1932; became a Manager in 1950 and re-
mained at the Union League his entire career until his
retirement in 1978,
We will all miss Dan and send our condolences to his
wife "Betts" and two children.
FINANCIAL REPORT from the TREASURER
As of August, 1998 - Checking Account:
Opening Balance $10,187.46
Deposits J 50,00
Disbursements -1,177.4 5
Balance 9,160,01
Scali
"TOYS FOR TOTS"
REPEA TS AS BENEFICIARY OF
CMAA ANNUAL HOLIDAY SOCIAL
This year's Annual Holiday Social will lake place at
the newly renovated Manufacturers Golf & Country
Club in Fort Washington on Monday, December 7th,
Members are asked to bring one new, unwrapped toy
to the social, which will again benefit the Marine
Corps "Toys for Tots" Campaign.
Last year's social netted almost 200 toys and was
considered highly successful by the Marine Corps
Officials, who are very grateful for all donations re-
ceived, according to Lt. Commander John Young,
who heads up the program in our area,
"This is the fourth year CMAA has helped us, and
your toys have made a tremendous ditTerencc in the
holidays enjoyed by many area youngsters, We are
all extremely appreciative of your on-going support,"
stated Lt, Commander Y oun~,
GOLF
Winners of the golf outing on Monday, August 10th,
at the Meadowlands Country Club were as follows:
1st Low Net
2nd Low Net
3rd Low Net
Charles Civello
Joe Kelly
Gary Behan
Closest to the Pin:
#3 Bill McCue
# 12 Bo Statton
#4 Gary Behan
Thank you to host Manager, John Keane, for an out-
standing event I
"JlIST THINK"
Oppol1unities do not come with their values stamped
upon them.
Everyone must be challenged.
A day dawns, quite like other days;
in it a single hour comes,
quite like othl1r hours;
but in that day and in that hour,
the chance of a lifetime faces us.
To face every opportunity of life thoughtfully,
and ask its meaning bravely and earnestly,
is the only way to meet the supreme opportunities
when they come,
whether open-faced or disguised.
Always make the very best of any given situationl
EDUCATION, .'OR YOUR BENEFIT
Education Chairman, Sabatino C, Tomeo
Huntingdon Valley Country Club
Since my appointment as Education Chairman for the Philadelphia & Vicinity Chapter, it has been my goal to
bring to you quality education seminars as they pertain to our everyday working conditions. We are all in situa-
tions that may not be as flexible as we would like in order to break away to attend these meetings, However,
the one area that is most important to our continued growth is education and networking, Once again, all of us
strive to have the most professional staff for our members, We will never be able to achieve that goal if we do
not step forward and give them that chance.
Education is not only for managers and their assistants, Education within your staff creates a camaraderie that
goes beyond just working together. Most importantly, no one can complain about the cost of attending the
seminar because it is FREE, That's right I The seminars are of NO COST to you or the attendees, You can
bring ten people if you like and capitalize on the FREE education, If there is a fee for a speaker or topic we
choose, your chapter subsidizes that cost, Many club managers work tirelessly all year long to raise money that
allows us to have these seminars at a cost affordable to everyone.
That leads me to my next point regarding education. Each club that hosts a golf/educational event spends a
great deal of time planning for this occasion, Words cannot express the enthusiasm the managers put forth to
show off their club, food and service, Even more words cannot be expressed regarding the valuable networking
taking place among the managers and staff who attend these meetings, Granted it is not easy to justifY a whole
day away from the club during the outing season or when we are shOl1 staffed, However, time can be justified
when we realize by at least attending the seminar and enjoying a fabulous meal, we all walk away having made a
new friend or learned something new that will benelit our future,
All of you will be receiving the 1999 Schedule on and aileI' our Annual Meeting on November 2nd at the Union
League, It is just about complete and the programs will be absolutely dynamic, These programs were selected
as they are of interest to many areas of your club, especially to your Board members, The point being, if they
are not aware of your desire to educate your stall; they may not realize how important it is to you, I am looking
forward to seeing more of you in the future,
YOI) COULD WIN A BMW!
The Club Foundation is having a drawing for a BMW 23 convertible (01' $35,000 cash) at the '99 CMAA Con-
ference in San Francisco (you need not be present to win). This is a top-of-the-line, fully loaded 1999 I3MW 2.3
convertible. It comes with the standard BMW warranty (4 years 01' 50,000 miles), The color choices are up to
the winner. The Club Foundation will send the winner a cashier's check made out to the BMW dealership of his/
her choice.
The first 1,500 tickets returned with payment to The Club Foundation are eligible, But hore's really exciting
news-- for every 1,500 BMW Drawing tickets sold, The Club Foundation will give away one car {for up to a
total of three cars). To be eligible for the BMW Drawing, you must return a ticket with payment to The Club
Foundation no later than February 22....l299
All revenues from the sale of tickets benefit The Club Foundation's Scholarship & Grant Program as well as its
newly-created endowment and will make possible even more educational and scholarship opportunities for
CMAA members,
Tickets are $100 each and available by contacting Gordon Jefferes, CCM, at (215) 735-1057 or by calling The
Club Foundation at (703)739-9500, Can you picture yourself driving a brand new 23? Then buy a ticket.." 01'
many tickets and support your Foundation at the same time,
CLUB FOUNDATION UPDATE
This year The Club Foundation will be awarding its
first ever Scholarships for members to attend a BMI
Program, Twenty available scholarships have been
approved by our National Board of Directors, Appli-
cations are available through our local chapter 01' by
calling our National Headquarters (Mariana Nark)
directly,
A grant from The Club Foundation funded the devel-
opment of afirst el'er on-line course for club manag-
ers, It will make it possible fot' managers around the
country to participate via ClubNet in "The Impor-
tance of Teams in Club Management" without incur-
ring travel expenses to do so!
NEWS TO SHARE?
If anyone has any news to share with our Chapter
members or pictures from various events to be put
into the Newsletter, please contact Mike Hobbs at
the Manufacturers Golf & Country Club,
Phone: (215) 886-3200 Ex!. 110
Fax: (215) 886-3203
WELFARE COMMITTEE
Your Sunshine Chairperson:
Christine Lagana
Welfare is my job, and it is one that needs some co-
operation from all of our membership,
Call me if you know of someone who is ill, having a
baby, out of work or has passed away, I will be sure
to send congrats, condolences or just call to say
"Hello"!!
You can contact me as follows:
Work:
Horne:
(215) 674-3900
(215) 675-7227
8,st ",/s4l1s
to
M14- Dowlt'Y, who is recuperating
from recent surgery,
....::: U) .n
!i2;~
~ij~ ~ ~
fll'::J '"
i ~,.h; ,",1 ~
I:r (U r-qff
~', ii r*~ fa
<rO.llifln ::::~ 3
"'-.' .-:
.. (J")
C) Ln
-fl: I'_f'".:t
r';""Cl1
f: or' w.-
-
.
::s
::::
S
=: "
.
-
i
~
.
-
1
-:
.
1
.
.
.
~
.
=
-:
~ ..:
,g .... ,'<'
.... "
u 0 1-'" '1;-'
t-- "HI
! ~ .... '> ;f,;,
- ",'
~ 0 I
. ~ g II
.-. 0
1 0
..
~ ,.
~ ..
..
0 ' ,
~ VI U ,.
..
/~;;:
~;;~,
/1
':" "J'
/ "-.,
!
\ :i
,'I. .!l!:l ~
>11
~]~-
:i, l" c( ."
J><~
Il~1 "
~.g ;J
1:" . S
~ (.
, ',',,' I
; " .' - \ ,-,:~ .'. ;' 'I '. 'j, .' -, ;,.... ".' ' ..
.' '. 1;'~1\ ;\,ljI.;, 6 ( \ I ' .0' i( i_ I;. ,,(, !,~ if
, , " .', ,I, ;1 1 ~ . ',';" '\.1 ' c'. l, \" '
K'OPPL1N SEARCH, live.
. PLAINTIFF'S
. EXHIBIT
"SUlf!lIIfJ SOIUtlOfU' for th, Golf /tulUltry"
,.;~, l"
DEL PASO COUNTRY CLUB
SACRAMENTO, C,o\
GENERAL MANAGER
Del puo COUOlry Cluh was fouoded in 1916, and it cODlidered by lDaDY 10 be Ih. premier counlry
dub in the Sacramento llllltTOPolitan area. The CIlAb is rich in history Ind IndltioD and its more tban
600 lDcmJbers enjoy" wide nmge of activilifl includ.inS golf (an 18.h(.!e !DItL1fe golf course plus
driving range and two practice Ireas). swimming. litness center, year-roUDd 'iQcial propams and
cliniDg in the griUe Ind fortllll dining roolJl, Del Paso has III UUIual budget of1lJ.8 Million with 9~
full. ~nd parHime employees Food and beverage revenues are I(,prom_tely $\.~ MlJlion,
Remodclills of most ot'the Interior lUelS Drib. !DIm c1ubbouse WIY rflClm:ly Ilomplttocl. and exterior
remodeling of the clubhouse is currently uoderway, The Gener" Mlolger ill rellPonsible for tbe
SUl'crvisiODOf all daUy operations oftbe club and fm lmplementillC the JYJlicles llDd directives oflbe
board of DlrectoTS The ideal omdldale will have five to tell years of (lll\.lmenlle ill a "traditioDal"
equity club eavirollDlellt with . proven record of successtW leadership, l'htl General MllIIgel' will be
visible 10 Ibe membership 011 a daily basis and exhibit snonll food and beverage, admlniltrltive and
financial sId1Is, A college degree aDd CCM dealllDatioll are preferred. Resumel: must be received by
December 20, 19911,
Salary: $90,000. $ 120.000 r.ng_, C()JmlMllsurate with expmellcc and qua\ifiClltloas, AIlanractive
benefit paebse. including bODUS. car allowance, health insurance. 40 I k plan, ll1ld CMAA membership
IIIId cODferellce expalse,
FAX or mail resulXlC 10: KOPPLIN SEARCH. INC.
A",,: Richerd Kopplin
S0855 WIRhington !\treet, Suite C.233
La QuintA, CA 922~3
Fax: 760.564-7331
30~~~ W"hin~tc>n 81 C 233, La QUI"I., CA 92253. ph"ne (160) '/14.(1231 fD:< (760\ 5/14.7331
Ilttp:/IwWIlI,koppllnstlJrch.CDm
GENERAL MANAGER
PlAINTIFF'S
EXHIBIT
\'7:
WHITEMARSH VALLEY COUNTRY CLUB
LAFAYETTE HILL PA
Private Country Club, member owned, 586 members, GrosS dollar volume 3,8 million: AnnUQI
dues volume _ 1.4 million; AnnUQI food sales - 1.9 million, Club is open six days per week:
twelve months per year,
Facilities:
. Golf 18 holes - Driving Range
. Swimming _ Olympic competition pool, baby pool. snack bar,
, Dining _ Members grill room, Banquet Hall up to @ 300 people,
The Club Manager will be responsible for administration and accounting af all food/beverage
services and other activities relating to management of clubhouse golf, greens and related
facilities. Will prepare budget for club mana9~rnent activi'(ies, Shall perform additional
services/duties as delegated to him/her by House Chairman and President of the club,
Qualifications: Certified Club Manager with experienced food/beverage background and
budgeting experience,
Salary: Salary, Bonus and Benefits ar'e negotiahle and commensurate with experience,
Date position available: Immediately,
Send resume to: John F. DeGirolamo Jr,
P,O, Box 24795
Phlla" PA 19111
(215) 379-In2
Fax (215) 663-1280
~(,..e..
"'
--
CMA of Phil''''l)lpllliJ 11< V'C:lIl1lY
r./o lv1iidelllll) SilD!IIHllil
PO BOK '/45
U11101lVrllo, PA 193/b
,"'''""''
'd'\!'lliilil\:,,:,'ii".:I,(J!;
PlAINTIFf"S
EXHIBIT
\~
I /:
I ~
I
~
r
I
t
i
~l,'j~l~oj"
I
171311-1'31'3',134
/",/11"1111""1,11",111"1111",11",1,",11,,,1,,,,,1,1,1
!~i\<il',...
'.
1"1. " ,
,~ ",
.' ,
~t L
"
';0 "
"
I.
", _I~. .
.~,\ ' ",.
t'. ')
, ,
J
,.-4,
,.
"
..
~Il'_~ 't, ,..
...
\
.
.l
I
l,
I
I
1.li
),' :
\
,t1
, "
\-,,1
'<-l\,
;.I.t'"
::..
",..,
i'-'
\
,
I
'fl
"
"
~
.~, "
CLUB MANAGERS' ASSOCIATION
OF PHILADELPHIA & VICINITY
CMAA
~
\~\~ ~~
\0
~ Cllf.o rs ~
-1f' V
December 20, 1998
Vladimir J. Pcnc
5 West Red Gold Circle
Camp Hill, P A 17011
ANNUAL DUES FOR 1999
CODE
!2!llili
3
Retired Manager'
$10.00
,
/'lease Remit While 1'01'.1' oj WI/Wilh Check To:
CMA m' PIllLADI:LPIIIA & VICINI1'Y
clo MADF.L.lNE S,~Nl'INELLI
P.O. BOX 745
lINIONVILLE,l'A 19375
Dues Payable by January 3\, 1999
1'. ';".,.
,~ ;'. I
,
,I ;1
,J!4, '1;1;" ,~
'~,
, ..
~i
'"
"
, '"
,.
"
",r.
y'\
L<{'l,-
,~"~'
".;
" ~i"
~
,~.
" I
1ii
CI>
~
III !
~ .s
en 't:: II GJ'O
"C ::I :12 \1)
".'1 U{llll iil ~"
:Ie "","0 >>t;.,
u..2U)05 U) .~~~(Jo
~~ECOro -g ..."'~<C~
C'_ (1) lU-:J 5i ~'C~
O;.Eca~UJLL S 1II::4,H'CI
~WC:"-'-QJ1O~ ':'(Uto
:<l'Ul:;; R.!:!;e :1,0:;; = lilt: E"==
11)- 15'-5='S:;::l.c~co~':I..Q
l'SC)8:l:~:!!8"5': .9~.n8
"v" ,T.1HIIlX3
Gi~,..
~ C;
at!:!:::
.cCll
Uw
~:::<l:
"""'0..
~t!:!:j
C1>~i
:!!wo..
~CIl~
:I-t
0,..
>'N(,)
CO'
~
~
..
,
,..
-
i ~
+f
:a
"
>-
t;
(,)
~
0::
w
:i!
8
..
,
...
-
5i ...
~ E '"
~E~r-
-
E CIl
::l III
~ ~
E
o
u
.5
.;J
c
J!l
;,;
g~
(,)-
_0::
'3it g
CC) <t
"' "'11>
.5og...
u.wcocn
~f!::tt;::'
O..JU'"
>-ccu.t:..
ci)
z
a
f:
CIl
w
;)
a
w
(,)
:;;
0::
w
CIl
0::
w
::!!
~
;)
(,)
0::
a
ll.
CI> I-
" l-
ii
>
..
en
C>
M
-
,..
..
III
Ill."
"0 C Vl"C
c::J....' "Cd)
l1>u.,lI)+-'C:...
"C I1)tI)Q.l'-
'-<C '- Q)"t] 0
'~:2! W'S; 0-
DU'=<:5&
"0_....-
c:o.a.l1ll1lo
.z E E:O:iiz
l1IIDIVCOl1I
>-xxtt
""~UJooE
C:::"a.a..8
o ~ ~"'" ~
:2f-f-a::a::.::
t/!. *
.
.
'"
. ..
en
q
,..
=0 ~
Effi ;
..E a. U) a..
-:: ....-l
":0::"'=
= i><:c
~~~~
-=>0..(,)
~
E
E
::l
CIl
.2
;;
1:
o
0..
...
~
C
o
:l!
N
'"
o
,
.:t
;;.
N
'"
"
~
...
en
-
M
N
,..
!
~
...
,
'"
~
~
o
~
...
.
'"
~
III
g DI
'" ~
5i ~
~ :l!
~
o
~
"
E
"
:::
~
'C
"
~
II)
i!
{!.
o
o
~
'"
o
""
,
o
'"
N
N
..
'"
,
o
'"
N
00
'"
o
'"
'"
,
'"
'"
N
~
l-
.
01
'"
N
c
o
"
C
III
"
"
<(
L
o
"-
III
a
III
"
o
z
III
"
::J
.-
:a
f
o
~
~
~
.E
l-
I-
~
CI>
!II
o
0..
III
C
.~
'5
~
"
0..
N
..
'"
,
o
'"
N
N
N
I-
,
01
'"
N
CI>
::l
~
.2
~
o
0..
11
z
!:l]",~~
oUJ N tf10\
U.;.n.n
~CI>O
a.>-~
~
13
~
:;;
.5
~
~
::E
ii
'0
"
III
C
I!
-
c
CI>
E
~
~
--.-
"'.:tN
~~a:
00 "''''
o
'"
I-
-
C
III
E
"
~
CIl
III
~
----
0000
"'~co
, . .
"'''''''
o
'"
I-
III
'"
"Ill
L-
,,-.
>.- 'tl
<(IIlC
o
- >.1Il
"L
'-:1 ~
L III L
"""
"''''''
:I L"
'Of-III
C L
-.c...
"
'" "e
" 0 L
C:l:1II
o I ~-
..,,, I
"'"
:. L C
b.c 0
0......1
~
z
~
CI>
"0
'Uj ~
c:: ,- ui
o ClJ "
u.c$-' lU
.,tlVo::- .!:::
11l;:L. OJ+-'
E Viffi'O~
'" 't:",,,,,,p)"O
't..!!'a,..r::\o c
"'''~8- .~
Q.U) en III
~.... 00 C lU
~'iii:;:-.QI1l
~.c"'iii'5:i3
~-ou'-Q.I
o m..Q 0...
.c,5"' .UJlU
."5~~~a.
cn;o.2-L.
e!eEo.:;S!
;g~E~005
.c ra 0'-
.gc(.!!- >,Ri
cO:: 0- 0.1'
f!-t-mSc
0):5 0 ~
~0::0~. I!! ~.-
o Q>....cu
c", a.:{l:o
f'OtI')C:::3ra
"05 0 ~ 2"2
:E-;~'" ~
uE:J:"o
"CI>r.'~:;oci
;U;5'&1"(1)~'"
..c a ::IGO
".c ON
::I..... CIt.oC'fJ
~~rJ ~~~
::oCctOQ,iM
, . , .. _.~~
~
"""""'"
-
~
~
~
-
i!iil
t'=11ij
~
~
iiiiiiii
Ej
m
i
..
a
H
He;
e",~
=~...
OUi'"
.c
"'w
~>ol:
..Jol:o..
=t!:!..J
t:ffi=
CI> x
2 0..
~CIl2
~q-<
>ONU
.;J
c
J!l
'3
III
8~
0-
]~ ~
u- '"
!i c)... '1.
,50g...
u-Woc.CI)
~b::u:~
O~O'"
>-CCL&.!::..
-
- '"
.; ol:o ~
- IXZ '1
..= o$w Q
-: fl:~~ ~
=1-""0:: ol:
:CIlQ,;;; 0..
-::I ..'"
:: o~s-g::j
== 11)- ><-
- :Ii! OX
=~~->lX\0..
-:~ 002
"=2 fo..~
00'
~
t~
S
8
..
,
...
-
~ ~
C M
. N
o N
~
'"
>-
t;
(,)
<j:
0::
w
2
8
..
,
..
- '"
5i M
to E M
g E ~
E CIl
, III
~ ~
E
8
.5
ci)
z
o
f:
CIl
w
;)
a
w
(,)
:;;
0::
w
UI
0::
w
:;:
o
,.
CIl
;)
(,)
rt.
f2
CI>
III '" E
'g Eo
'" 0 U
"0 U C
,_ c:-
>-"0
.-..... c::
o~Q.l
"O~-o
C::CU'S:
&~o
~
.
N
'"
CI>
"
ii
>
Ill>
en
C>
M
-
,..
..
'"
o
..
,
~
'"
~
E
E
"
",
,2
'13
t!
o
0..
>.
5
c
o
2
~
o
'"
Q
'"
CI>
"
~
...
en
-
,..
M
N
,..
N
..
r-
,
o
'"
.,
01
01
,
01
'"
'41
~
III
OJ
;:;
III 't:
"0 :I
t:J!) U In In
:::::Jr;:;/LI"D-c
LL men 5 r:: In
t'n;> cmc8 "C
c.- OJGJ_ g
~ a.E'@ ~1Illl.1Il
:c:~ E c.o,!!!... 8 ~
1Il,IIl~CI> e'2"" z'" CI>
lOa 8"&"o.E
uu ~UI:!!OU
0,
'"
,
'"
fj
01
'"
,
'"
::l
c CI>
~ I
~ :2
L
oS
III
E
~
~
II
CI>
II)
~
'"
,"
'"
01
o
,
,..
'"
o
o
..
,
to
01
'"
l::
.
o
o
...
Xi
~
CI>
-
C
~G.I;;
:lEGJ
- ~2
::>tJCI>
-Ci)...,u
GI.il:'"'C
ot'l.o'O.!!
iiinlOJ",
:I!::i!r.lXI
Olt:E'"
co",.o
o.c....
..Jcnwo
OJ
~
o
e
,
"
e
OJ
"
"
<
L
,
...
"
~
"
o
z:
~
CI>
"0
'in ~
C:._ In
o "'J ~
U.cDJ-J <1.1
-ni- ...
ai';;...~ :;.i
E~_~CllQ.l
~UJUJ"C ...
,':: L'II::;;8-o
t.!!'t;) c
"' ~~8~ .~
0.(.1) en U'I
... GO t: OJ
':':'---OQ)
e~S7aS'~
;10'" 0 o-d)'
o CJ.Q 0 ,.
.c.5n1 .cncu
3:"5~~~a
C'iiio,Q-...
~ E Ea....S
!!~E05c
,-~ ol: 0
'5.Qm~o~
"O~-- >."'
~-~~ 0.8 E
~ 0 S!
~fl.~' l'! "'.5
o o..1ij II
enl Q.cu:E
~'C"C:'JIU
'U c: 0 f: g::J
::::2.....o...'ii
'ficg.3'C>
~~~ ~~g
rv- C1-m,..
.c '" """Q
".S ti.8!:'J..
~~!'l~~~
~.c", 0 Sf!)
g
..
.
to
01
'"
l::
~
z
,
o
o
..
CI>
"
;:
o
::
~
o
0..
-
.'
z
~
~
'ii
.5
!
..
~
ii
'u
~
Ii:
~~ ~~~-
oUJ Nf'l'lC'l'o
H~";";
0..>- ~
-
c
CI>
E
E
CIl
]
>ttC
"''''N
NMOI
. , .
"'''''''
o
'"
r-
~
OJ
E
E
II)
.!!l
~
>t>t
0"'0
"'''co
. . .
"'''''''
o
'"
r-
OJ
01
.."
L-
OJ-"
> '-v
<cae
- >,~
.. L
.- ::I >>>
".I,I)L.
" .. ,
on OJ"
:I L..
"'....
C L
-.c ...
"
"Ca
OJ 0 L
Cl:ro
o ''''
., OJ I
OJ'"
>OLe
b.c ,
O......J
- ,
~
Iii
=:J
g
~
~
li!!!!!!!!
~
-
.
~
j
Cl'J
~
:=
's
~
Q)
r:.t:J.
I 8
I ~
'~
...
c
Q)
E
Q)
...
ca
...
en
-
c
Q)
.-
(3
'"
~
o
~
0>
tf
-,
Z
>l
;
~
z
~.
'"
~
E
0(
'0
>
~
E
o
u
8
~
,
"
.5
..
'~
c
~
"
2
Q.
.
i!:
III
~~
...Cl
1Il_
:.: f5~
~Q ~~i::-
~J.
i~ ~@~~
2N
..0
cOO ~z~\I
BX :> .
~~ ~--'"
o _
.. -q; lO
,..
III
'lJ
~ u ~
~ ~
.a > ~
~
:2 JI
e " ~
c
0
<ig .. .c
c liT
8
iie; u a;
~1J; :t ...
....!, ~
~t;; ~
~
o
~
..
'0
E
,
"
..
d
-
o
u
:~
~
III
o
u
2
Q.
Ifll ~ ~
I'
I'
~"
llill! ~~
_l
,~,
m '~~~l
:~;~w~ ......
': ;:Z~ w...~
... W'.f,' ::>
M '.', ..:oJ, <t c
~ ~g,l ~i!i
:s ::~f:O~ ~ ~
c"UW ...-
~~, ~f91 ~..,~
~ '~I
~... fAif -
i:;'1ClI' F.1
Z'" t~f, tJg
~:I f:'W~ -
l;:ii itf)j fl'
u.' ~~
1:
:l
o
U
u
<C
Ql
Dl
ftI
....
C
ftI
>
'tl
<C
..II
<0 '... ~gj ,:.... s:
IT' ii'id lOa> "id ..~
L&. C or- ...r- 0...
" I .J.. tilt!.. " , ~ .
a> " "
U ..... '" "'- "Ill 8;1
C "'" "''' ~'"
~ . 8~ 8 . ~ '
I- t:l n J:~ ,,8
Vl I'- "'... ",ro
=> ..... ' , " ~.:.
" .. - - Ol-
e.: '" u
I- et "
8 " g
11. ",;;:1 ~
oil .. uu. .c ...
I'- 2 u "
:W:UlI" ~ tu ~ E:
zz, 0 0
~
<CUI::!' c " III
- S 'C
"Hl..ru ... ~
, "" ~
-J"""')m.o .. '" ~
<C CoQ..J > ~
0
....e.: lI"..J '" ~ '> ""
11. ..
I-.~O .... 0
ZZ:I-><X s c
'0 ~ ..
w.....oo ~ "
00 "'11. 0 "
'" ~ ~
=><C< z: - ~ .. '" ~
g~ ~
e.:..JI>:O< - " ~
a..>~-lo..u 0- 0
- .~ > "
~ .. '"
Ill", " "
on 0 "
..... -'
B~ ..
c ..
~ ~ to
u~ 0
11. u :it, ...
~
"'- 0.
~ ... ~ ~~
0.. .r: 0
lLU ....
'"
'"
III ~
~\il
,:;::.:.::':'~
'''I
,}::,:';:>.:~
;:<:"",-,,":
<"~",,:,:::::
('B; ~ '<t
I;~~! II!
N N
'" '"
'" ..
et ::iil,m
'" "~"
5= n.\)
~::. .:.,.,:~
0 ~':::",;:
"
~ 11~~
Cl
z
1= I
~
II:
U
w
is :r:
u 1:1
I>: rr: '"
0
3: 0 ~
u.. 0
I;j ~ u
V) !
z III E" e
;-i }!
.J :3 )g~ -'
~ ~ ::: ~
g is' g
oC ,. .,~ <>
WJa
'<t
'"
N
'"
...
",j,'~1 8 8 8 8
'::::~,::: u)1fi~ui
"':':':,'-":' ~
li~!l ~
..=,
I
'.,'iN,:j_'
i%@;
";:"::':':':<
...-...--,....<
n
~~
..._~
~1Il~
~~i~
"';)if
~'>o~
1997
~~~~~~~~.~-_.
l,WilQBS, IIp!l,Olhllf CI.lfflpllnSallan
PlY"
33.497,41
Aeln, Life Insu~~nce .nd Annuity
~:rt~~~~ingtan HvenueCT 06188
P~IONE 1-800-828-4228 012 T521 #
Camp.ny
3, Soolal slIlJUlily wII\109
4123
~, MfJ~Hca'll WiI(}tlS and lips
PlY"" Idllnllllc.Uon number
AMlplenl'i loclal S!tnurHy number
9. AdVHnClI me paYll1ent
71-0294708
276-54-0190
R.clplent
II Nonqullllllad plans
33.497,41
1",111",11I11I11",,"1111,..1,1.,1,,1,.11,,1,,1,.11,"1,.11
12. Benelll9lncluded In 80x'
VLADMIR PENC
PO BOX 9B6
CAMP HI LL
14, Other
PA 17001-0988
15.-sl~oec8ased
omployee
Pension legal
fJlan rop,
o
o
o [J
18. Slale Paye,'s 5181eW. No.
17. Slale wages, lips. 81C.
lB. Slalelncome 13)( withheld 19. Locality name
PA
710294708
33,497,41
937.95
Copy 3 To 90 Flied With Recipient'. State, City, or Locallnoome TalC. Aotum, If applicable
Fo,m W-2 Wage and Tnx Statement
-----'-
2. fedllll\llncomll laKwlthhllld
3.901,53
4. Social sftCUlily talC wlltlhOld
6_ Medlcltfelilxwlltltlltld
_.._--~--~_.__._,.
\0. Dopendenl CGte ben.fIIs
13, 8M Instrucllons lor DOM 13
Account No.
------.---.
VK2612
Hshld Subtol.1 Oitablllly
emp. (Sick pay)
o
o
o
O.I~Vo1d
Compo
20. Local WilY8S, lips, eto. 21, locallnc, III< wlthhllld
o
o
Department of the Trea!lWY'
Inlemal Revonue Service
- - - - - - - - - - - - - - - - - - .. - - - - .. -
PLEASE CUT ON DODED LINE
----------------------------
P.y,'
1. Wag'" lips, ottler compllnsptlon
33,497,41
10MB No, "4~~~_ Copy 4 To De Flied With Reclpl.nl'. Stale. CIIy. or Locellnoome T.. Return, It .ppllceblo,
1997
~eln, Life {nsur.nce and Annui ty
Hart~~~Wlng an AvenueCT 06158
PHONE 1-BOO-525-4225 012 T521 #
Company
3. Social slICtJ(j!y wage!l
4123
5. Modlcare way1l9 and lips
Pay"/', Id,nIUlc.lIon number
Aflclr1lent'ssoclal9llourllY numbel
9. Advance E1C payrmlnl
71-0294708
276-54-0190
R,olplent
11. t~onqu..lllled ptans
33,497,41
12, 8enetlls Included In ElO)( 1
1,"11I".11I,"1111,"11111",1.1,,1,.1"11,,1,.1..1111I1,,11
14. Clher
VLADMIR PENt
PO SOX 986
CAMP HILL
15. al.tutory DeOiiwr-~on laoal
amploy.. pl,lIl lep.
PA 17001-0R86
o
o
o 0
11', St." Payer'l Italel.O. No,
11. SlallwIQlIS, lips, ItC.
18. atal' Income hu( ....llhtllltd HI. looilll\y n.m.
PA
710294708
33.497.41
937,95
Tax Statement
2. Pedel.llncome tall. wilhheld
3,901,53
4. Socl.1 ,eoullly taxwllhhftld
5, Mlldlr,alstaKWl1hheld
10. Dependent cale btHlellls
13. Se.lnstIIJcl!ons lor 801< 13
Account No. VK 2 6 1 2
sh Sublolal Diublllty
amp. lSlo!c pay)
o
o
o
I
o.iii""feQVOfcr
Compo
o 0
20. Local WIQ.', \tfll, ele. 21. L~llno, ta)/, wllhhtld
opallmenl 0 I e realmy- ntorna evenue N co
Elll~C (10'97)
11111111111111111111111111111111111\111\111111\\11111111111111111\11111111111111111111111111111111111111111111\1\1\11\111\111\~!llilllll
PAYER'S name, street il(/(/ress, ell V, state, and ZIP code
PRUDENTIAL SECURITIES
ONE NEW YORK PLAZA
N,EW YORK, N.Y, 10292
~:..;::;s F~~'~ 2d!~'~.W~ 6
o
CORRECTED
(II checko,l)
"
OMl] "0,1545'0119
1997
Copy B
Olsttlbutlotl.. Pton,
PenslOl1o. Annultl..,
Retirement or,
Proflt'Sharlng Planl,
IRAs, Inaurnnc..
Contract., e't.
. 5ClflIENT'S Idenliflcallon number 2b hllllbl. 0 :t C.pil,119~11l ~In bQ~ hI
2 76 -54-0 190 AnlO~M1no! l)(1 follll
d'l"min.d l.!lJ dl'ltlbullon
· ".. ""..II.", '''''''M''" -- 7 QislrlbIlIlOOLA/SEPiSiMi>Tt
$0.00 In.mploy.r'...~Ufllill. :~. 00
80lher 9a '(our ptr(.nr,lq,
'Yol 0' :<1I~1
di,t,ibil1ion
flSi:lie/Pii;er':'S.Slato no
. en ncomelll( wll alII
$0,00
S Employ.. Conl,lblllltln, or i~;;;;';;-
p"mjum.
Oron dlstflbullon
$5.000.00
28 Talwble amount
$5.000,00
10 Slato lal( wllhhald
Report this Income on your
f.'ederal t~)( relurn. It thl!
form showl Federal taN
WllhheJd In bOM 4, allach
Ihlo copv 10 vour relurn,
Thl. Inlormatlon I~
being rurnjsllccf to lhe
Internal Revenutl Serv]ee.
12 Slale dl ~lrlbuUOII
'!.1J
- ~.. ~~~.. ~~- - - -~ - ~-~ ~ -. ~ ~- - ~ -~ - - '''~ -- ~ - ~ ~ - ~ -~-" ---- ~-... - ~-~- - - ~-
~~._------~---~~~~---~---_.__.
o
CORRECTED
(II checkeel)
~--~-~~-~-~--~~-~.~_.~~~-~.~--" ._---~~-~.._-~------~--~~~-._--~
o
CORRECTED
(If cheCked)
REle/PIENT'S flame, slteel address, clly, slate and ZIP coda
VLADIMIR J PENC
IR^ DTD 03/24/97
PO BOX 986
CAMP HILL
PA
17001-0986
------~--~--_._-~---.~------_.
---~--~-~~-~--.~._-~---~~--~.~~.....~-~~._-._~-.-..~-~---~~.~-.- --~---------~--..._.~---_.-...
1 Gro<;s diMrlbulJon
$5.000.00
2a Taxablo amount
$5,000,00
:lb r~>abl,
Amount "01 rX' To"'l 0
d.'ltrmjn"d ~ dlUrlb~IIQn
iN.t un,..lJud ~pp"ciallon
h,.mplay.r', ',clmU"
8 Olher
10 S1ale tax withheld
-~_.._--~--~-~------~-._-~-~----
------------------------------------------------------------------------------------------------------------------------
PAYER'S name, street address, city, stote, and 2JP cocJ/}
PRUDENTIAL SECURITIES
ONE NEW YORK PLAZA
NEW YORK, N.Y. 10292
PAYElH'S Fedlt(alld8t111~- RECIPIENT'S Idenliflcallon numtHlr
number 22-2347336 276-54-0190
4 Federal Income lal( withheld
$0.00
5 Employ.. Conlribullnnl or In.ur.nc.
pr.mlum.
RECIPIENT'S naml, .lre..1 address, cIty, slale and ZIP code
$0.00
Deparlmont of 'ho Tretlsury" Inlornal Revenue Service
OMS No. 1545-0119
1997
Copy C
3 C~pi"'ll g~in (illcl~d.d In boll. 2~J
70IS~I~on
code 7
IRNSEfl/SIMf>LE
00
Distribution. From
P"nslol1s. Annultl..,
Aellrernent or
Profll,Sharlng Piano,
IRAs. Insurance
Contract., etc.
For Reclpl.nl's Records
%
ThIS In'ormallon I.
being turnlshed 10 the
Interrial RavehueServlce.
Form 1099-R
Accounl number (opllonal)
---.!AH-80276
9a YafJf p"r~~nlllq.
% alloW
dlllribulion
11 Stalt/Payer'5 slale no
---~-_.._---..._-..~_._--------~. .-.._-----------------~-_._-----
12 Sttllll "'sIrlbutlon
.. -- -.. -.. - - -- -- ~ -- - ~ ~-_.. --~--~.. ~
---~-._--------_._---~-_._-_.,-- ~-----------------_._------._-
_._--_._-._._-,._---~.._----- '--~ .-"---.--- ------._~---------_.. -----..---..-------..------------
------------------------------------------------------------------------------------------------------------------------,
VLAOIMIR J PENC
IRA DTO 03/24/97
PO BOX 986
CAMP HILL
PA
17001-0986
--,
Form 1099-R
ACcounl number (optlona/)
KAH-80276
PAYER'S name, street address, city, Slate, and ZIP code
PRUDENTIAL SECURITIES
ONE NEW YORK PLAZA
NEW YORK, N. Y. 10292
p~::;s F~d~'~2d!"t)'~~1~6
RECIPIENT'S IdenlU!cilllon number
276-54-0190
4 Federal lneom" la)( wUhheld
$0.00
$ Employ.. ContrlbfJlfonll or In'uMnu
"rtmlum, $0.00
RECIPIENT'S rame, slrllt address, cHy, slale and ZIP code
VLADIMIR J PENC
IRA DTD 03/24/97
PO BOX 986
CAMP HILL PA 17001-0986
t Gro~ibUiion
$5.000.00
211 Taxable amount
$5.000.00
------
<lbT;1qhl.
AmOunl'lOl f)(I TIU,1 0
4.tt/mined ~ dl",lbllllon
. N.I unri.llt'd fpprtcllliOIl
in Imp/o'(.f. '.curW..
80lher
Deparlml!nl 01 Ihe Troa~ury. Inllml," RevenulI Service
OMS No, 1545-0119
1997
Copy 2
J c'pl,igllln flndud.d Inbo1l21!1
"' Dlslrlbullon
code 7
IRNSEP/SIMPLE
00
10 Slale lal( wHhheld
!iI. Vtl~, '''C",l.g.
% oftotlll %
~j.,,!buUon
11 Stalt/Pay.,', Slo1le no~
Distributions From
P.nBlonal AnnUltle.,
'., Re Ire'".n' or
Proflt.Sharlng Plans,
IRAB, Insurance
' Con.ra~il etc.
, File thl. copy wllh
' your atale, city,
. ,or loc811ncome
' t.M r81l1rn, When
" " ,. ,r.qulred.
"",.':':' ..
. ---~-.._-_...._--_...-...__._~-- ----...-......--------..-......--.-- ..~--_.._--_...._----.....-......_..._...
'.'.'--.,..-,-......
U Slale dlll~lb~7j~'
Form 1099-R
.._----~..__....._---......_....-...._-_. .._----_....-...._-.....-.._--~----~--- -.........._-.._.._-_..-.......-..~...._-........
ACCounl number (opUon""J -- .__......-.._-....--...~..........._..__'".._ .____...__~....__...___~_~.._..._..___ .....~...._....~___~_.._........~__........___
KAH-80276
Oep<<rlmenl of Ih. Trusury . Illh"n.11 ReVlfnutl !j~l\Ilc.
&J /Iq/]e o'p,
EXHIBIT A - MARITAL PROPERTY
--
DA TE OF MARITAL AMOUNT
ASSET VALUE VALUATION PORTION LIENS OF
LIEN
- - ----- f-----
Marital residence at 5 $250,000.00 5/98 100 % Mortgage $43,000.00
West Gold Circle, East (est' d) to PNC
Pennsboro Township, PA Bank, N,A,
--
Home $29,000,00
Equity loan
to
Commerce
Bank
100 % Home $14,000.00
equity loan
to PNC
Bank
Husband's deferred $83,300,00 6/98 100 % None N/A
compensation annuity lest'dl known
with Aetna
Wife's pension or other Unknown 5/98 100 % None N/A
retirement benefit with known
Commerce Bank
-
Husband's IRA with $100,800.00 6/16/98 100 % None N/A
Merrill lynch known
Husband's IRA with $45,500,00 6/10/98 100 % None N/A
Pruco Securities known
Husband's investment $239,700,00 6/16/98 100 % None N/A
account with Merrill known
Lynch
-
Time share unit at $7,500.00 6/98 100 % None N/A
T anglewood in Poconos known
- -
1990 29-Foot $'18,000,00 4/98 100 % None N/A
Ameracoach Motor known
Home
Husband's 1993 Toyota $15,000.00 6/98 100 % None N/A
4-Runner known
Wife's 1997 Chevrolet $15,000.00 6/98 100 % None N/A
Lumina known
Husband's checking $100,00 6/98 100 % None N/A
account with PNC Bank known
Husband's checking $100,00 6/98 100 % None N/A
account with Commerce known
Bank
Wife's accounts or other Unknown 6/98 100 % None N/A
investments with known
Commerce Bank
Household furnishings Unknown 6/9B 100 % None N/A
known
EXfENSE SIAIEMOO
w.QBKStlE..E.t
Please oomplete this dooument as best you oan using the monthly expense column. Please
list the average monthly expense for each item,
EXPENSE MONTH
HOME
Mortgage/Rent $1,255
Maintenance $100
Utilities $
Electric $150
Gas $40
Oil $
Telephone $85
Trash $13
Water $40
Sewer $17
Other $
EMPLOYMENT
Public Transportation $
Lunch $
IAXES.
Real Estate $284
-
Personal Property $84
Income $1000
---
Personal Tax $51
--
lNSURANc.E
Homeowners $60
IO,t":
EXPENSE MONTH
Automobile $130
Life $
Accident $
Health $140
Other $
&J..I.OMOBILE
Payments $
Fuel $100
Repairs/Maintenance $80
MEDICAl.
Doctor $50
Dentist $15
Orthodontist $80
Hospital $
Medicine (vitamins) $150
Special needs (glasses, $45
braces, orthopedic devices)
EDUCATlON
----
Private School $
Parochial School $
College $
Religious $15
eEBSONAL
I Clothing $125
Food $500
Barber/Hairdresser $15
. ".,,; ,~-tI i;' !
EXPENSE MONTH
Credit Payments: Charge $100
Card
Charge Accounts
Memberships $20
LOANS
2 Home equity loans $811
MISCF.LLANEOUS
Household Help $
Child Care $
'-
Papers/Books/M agaz ines $40
Entertainment $300
Pay TV $60
Vacation $250
Gifts $80
Legal Fees $
Charitable Contributions $15
Other: Child support $
Alimony Payments $
QII:lEB
T ax return $16
$
TOTAL EXPENSES $6,316
DAGMAR D. PENC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY I PENNSYLVANIA
NO . 9 8 - 954
VS.
CIVI~ ACTION - LAW
VLADIMIR J. PENc,
Defendant
IN DIVORCE
ORDER AND NOTICE SE'l'TING 1lEl\lUNG
Iro: Dagmar D. Pene , Plain tiff
Elizabeth B. Stone , Counse 1. for Plaintiff
Vladimir J. Penc , Defendant
Samuel L. Andes , Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvlwia on the 20th .__ r](lY
of Janua~__,_, 2000, at ,...__JlLQ.(L__"~_._ a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
r"
"",e: <C. Q" 'mide,' "dge
Date of Order and
Noticel __~L8/99
By;
j)TV,;'l:C ;;'-M a s t e r
IF YOU I)() NOT HAVE A LAWYER OR CANNOT AFFOI\l) ONE, GO TO OR
TELEPHON\c THE OFFICE SE'!, I'OHTH BELOW '1'0 FIND OUT WHEI~E ,YOU CAN
GET LEGAL IIELP.
CUMBERLMW C()lINTY I\AR iI:;:;(i(' I A'I'10N
,1 I, II\I':WI'Y AVENIII>
('AliI. 1:;1,1<, I'A I ,'ii I',
'1'1 I,I'I'IIII~II': ('III) ,'1\ 'I ',1(, [,
STONE LAJi'AVEH & SHEKLETSKI
ATTORNEYS .1\" LAW
c.HARLE9 H. STONE
DAVID H. BTONE
QERALD J. SHEKLETSKI
ELIZABfl:TH e. STONF.:
414 BRIDGE STREET
POST OFfiCE BOX E
Nl~W CUMflY.HI.ANIl, PA 17070
JON F. LAFAVEfl
OF COUNSEl.
TELEPHONE (711) 174.7435
FAcSIMILE (7171774-3869
August 2, 1999
E. Robert Elicker, I I, Esquire
Divorce Master of cumberland County
9 North Hanover Street
Carlisle, PA 17013
REI Dagmar D. Pane VB Vladimir J. Pano
No. 98 - 954 Civil-In Divoroe
Dear Master Elicker:
I received a copy of Attorney Andes' letter to you dated
July 19, 1999, I feel constrained to respond to that letter,
It is my understanding that a Memorandum in Law can be
submitted in any form. Please be clear that I did not file a
responsive brief to Mr. Andes' memorandum. It is not
procedurally required, nor legally impl led.
Second, my non-response should not he interpreted as a
concession to any of the issues raised by Mr. Andes' brief, and
not addressed by my memorandum. No concession should be implied
by the deliberate omission of certain irrelevant subject matter.
Third, I did not brief on the iSDue of the Dead Man's Act
because I do not believe that is applies in this situation. The
purpose of the Dead Man's Act is to prevent the injustice that
may result from permitting a surviving party to a transaction to
give testimony favorable to herself and adverse to the decedent,
which the decedent's representative would be in no position to
refute by reason of the decedent's death, (See generally InM
Estate of Hall, 517 Pa. 115,535 A. 2d 47 (1987)and see Weschler
v, Carroll, 396 Pa. Super. 41, 578 A. 2d 13 (1990). Here, there
is no refuting what is, in fact, a recorded document.
This act would only apply where the parties seek to prove
intent through discussions or evidence solely in the hands or
minds of the dead witness and the deceased is incapable of
defending his conversation. Here, the documents speak for
themselves. The documents and their translations alone prove who
owns the property and how the title is legally held, No
I,
'I
,.:
SA~IIIEJ. I. ANDI';"
A'I"I'()IlNJ<:Y AT l,j\W
nura Noll'I'lt TWI':L"'l'll HTlH:I: I
1', (). IHIX 1!l1l
SAMlIt:1. I.. MWIHI
,I. IIAln !It:I.ONt:
I,I';MOYNI';, PI':NNH~'I,\',\NI" 17(1,':1
18 March 1998
The Honorable Edward Guido
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: DAGMAR D. PENC VS. VLADIMIRJ, PENC
NO. 98.954 CIVIL
Dear Judge Guido:
You have scheduled some type of h8aring in the above caso for 3:00 p.m.
on Tuesday, 31 Mareh 1998.
Mr. Pene will be out of the country from the 23"1 of March until somo time
in mid April on a trip to Europe which was planned for some time. Accordingly, I
write to request that the hearing be rescheduled for a lator dato. I have sent a
copy of this to Mrs. Pene's attorney and I am sLlre he will let LIS know if that is a
problem.
Sincerely,
~e;L. A~ldos
amI'
ce: Keith 8. DeArmond, Esquire
n'l.
",
STONE LAFAVEH & SHEKLETSKI
ATTORNEYS AT LAW
CHARLES H. STONE
DAVID H, STONE
GERALD J. sHEKLETSKI
EL.lZABETH B. STONE
414 DRIOGE STREET
POST oPFleE BOX E
NI~w CUt>flH~HI,^N(J. f'A 17070
JON F. L"FAVER
OF COUNSEL
TELEPHONE (717) 774-7435
FA.OSIMILE (717) 714.3869
September 14, 1998
E. Robert Elicker, II, Esquire
Divorce Master of Cumberland County
9 North Hanover Street
Carlisle, PA 17013
REI Dagmar D. Pane VB Vladimir J. Penc
No. 98 - 954 Civil-In Divoroe
Dear Attorney Elicker:
Please accept this letter as a formal request to inform the
Court of two matters. First, I have been retained to represent
the interests of Mrs. Dagmar Penc in the above-captioned matter.
I was retained to replace Keith B. DeArmond, Esquire, in this
matter. 1 was contacted several weeks ago by Mrs. Penc, but was
not formally retained until Thursday, September, 10, 1998.
It is my understanding that. the Court currently is scheduled
to have a pre-hearing conference with counsel on Monday, Septem-
ber 21, 1998. I am scheduled to have a full day of Arbitration
in Dauphin County on that day, and will be unable to appear
before you on the above-captioned matter.
It is my further hope that this matter can be resolved
through settlement. Please cancel ,the pre-hearing conference
scheduled for Monday, September 21, 1998, and kindly notify my
office of the re-scheduled date. 'rraci has advised me that the
Court is already into December for con~erences. I am hopeful
that Mr. Andes and I can resolve this matter quickly.
Thank you for your attention to this matter. please call me
should you have any questions.
EBS/1s
cc: Sam Andes
Keith B. De Armond
/
Very truly y.6urs,
--
STONE L /~YJR.,rSH/~"I
~~lf' a th~, tope'
/' /,'//
/' /.----/
./ /./
/' //
// ;'//
'''1'
SAMlIl,;r, L. AND]<;S
^'1'TOIlNI~" AT I,AW
nun N()HTII TWI~I.I'TII STIII':I-:T
P.O. JlOX Hili
J.J~MO"NE, Pl~NNH\'J.v^NIA 170411
TKU~f'1l0Nt:
(117) 761'l'Wfll
'^"
(71n 7UI-I<I[I:\
15 September 1998
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Penc vs, Penc
Deal' Mr, Elicker:
Elizabeth Stone, Esquire, contacted me on Monday to advise me that she now
represented Dagmar Penc and that she would be requesting a postponement of the
pre-hearing conference scheduled for Thursday As I explained to her, I feel
constrained to OppOSE> her request for a continuance because it will delay the ultimate
resolution of the case by several months because of the nature of your schedule, I do
not think it is fair that my client suffer that burden and inconvenience simply because
Mrs. Penc elects to choose attorneys at the last minute,
Elizabeth and \, however, came up with the resolution that will, I believe, keep
everybody happy, I have agreed to her postponement of the pre-hearing conference if
you will go ahead now and set a date for the hearing, In that way you should be able to
reschedule the pre-hearing conference in December but set the hearing itself for late
January or early February, The issues in the case are not complicated and such a
schedule will give Elizabeth and I more than adequate time to finish OLlr preparations
for the hearing after the pre-trial conference, Such a resolution will also keep the case
moving with a minimal interference with your schedule,
Hopefully this procedLlre will be satisfactory to you, If it is, please issue an order
reSCheduling the pre-hearing conference and setting a date for the hearing itself in
January or February, Thank you for your cooperation.
Sincerely,
~es
amI'
cc: Elizabeth B. Stone, Esquire