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HomeMy WebLinkAbout08-2256IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, Plaintiff ) V. ) NO. 2008- CIVIL TERM DAVID E. SIMONIC, ) CIVIL ACTION - LAW Defendant ) DIVORCE / CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, ) Plaintiff ) V. ) DAVID E. SIMONIC, ) Defendant ) NO. 2008- CIVIL TERM CIVIL ACTION - LAW DIVORCE / CUSTODY COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Mary Beth Simonic, by and through her counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Mary Beth Simonic, an adult individual who currently resides at 909 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is David E. Simonic, an adult individual who currently resides at 523 Devon Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on November 12, 1988 in Niagara Falls, New York. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO &3301(c) or (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301(c) or (d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY AND ALIMONY PENDENTE LITE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 14. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. 2 COUNT 1V - COUNSEL FEES EXPENSES AND COSTS OF SUIT 15. thereto. 16. him a reasonable fee. 17. action. 18. The prior paragraphs of this Complaint are incorporated herein by reference Plaintiff has retained an attorney to bring this action and has agreed to pay Plaintiff has incurred and will incur costs and expenses in prosecuting this Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT V - REQUEST FOR CUSTODY AWARD UNDER §31040(2) ANDS3323(b) OF THE DIVORCE CODE 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. The parties are the parents of the following unemancipated children: Name Theodore Simonic Maura Simonic Date of Birth December 29, 1990 July 9, 1992 3 21. During the past five years, the children have resided with the parties and at the addresses herein indicated: From To With Whom Addresses Birth 3/1/08 Mother and Father 909 Charles Dr. Mechanicsburg, PA 3/1/08 Present Mother 909 Charles Dr. Mechanicsburg, PA 22. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 23. There are no other proceedings pending involving custody of the children in this or in any other state. 24. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding joint legal custody of the children to Mother and Father, and primary physical custody of the children to Mother, with Father having partial physical custody. COUNT VI - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 25. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 26. Plaintiff continues to reside in the Marital Residence with the parties' two minor children. 4 27. Due to several recent incidents, as more fully detailed in the Motion for Exclusive Possession of the Marital Residence filed contemporaneously herewith, Plaintiff and the children have been caused great emotional distress by Husband's actions in entering the dwelling unannounced and at odd times. 28. Based on the foregoing, Plaintiff believes that it is appropriate for the Court to grant her exclusive use and possession of the Marital Residence during the pendency of the divorce action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant her exclusive possession of the Marital Residence, pending resolution of the economic issues surrounding dissolution of the marriage. Date: Resp LCH subm' VEu owet t, ?JrHOWETT , KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Mary Beth Simonic 5 VERIFICATION I, Mary Beth Simonic, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: L4 g _ Cp? NJ p k U ? c Co 7i Pf ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, ) Plaintiff ) V. ) DAVID E. SIMONIC, ) Defendant ) NO. 2008- CIVIL ACTION - LAW IN DIVORCE -CIVIL TERM MOTION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO 23 Pa.C.S.A. §3502(c) AND FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P.1920.43 AND NOW comes Plaintiff, Mary Beth Simonic, by and through her counsel, Howett, Kissinger & Holst, P.C., and files this Motion for Exclusive Possession of Marital Residence Pursuant to 23 Pa.C.S.A. §3502(c), and for Special Relief Pursuant to Pa.R.C.P. 1920.43, and in support thereof states as follows: Plaintiff, Mary Beth Simonic, is an adult individual who currently resides at 909 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hereinafter referred to as the "Marital Residence"). 2. Defendant, David E. Simonic, pro se, is an adult individual who currently resides at 523 Devon Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant were married on November 12, 1988 in Niagra Falls, New York, and separated within the home in the Fall of 2007 when the parties first decided to divorce, with physical separation occurring on March 8, 2008 when Defendant moved out of the Marital Residence into a property owned by the parties for the purpose of renovation and resale. 4. Plaintiff and Defendant have two minor children, Theodore David Simonic, D.O.B. 12/29/90, who suffers from a rare condition known as Trisomy 15, and Maura Catherine Simonic, D.O.B. 7/9/92. 5. Plaintiff is filing contemporaneously with this petition a Complaint in Divorce requesting, inter alia, a divorce from the bonds of matrimony, and custody of the above- named minor children. 6. Following separation, Wife has continued to reside in the Marital Residence with the parties' son and daughter. 7. Since the parties' separation, Husband has repeatedly entered the Marital Residence unannounced at times when Wife is not present in violation of the parties' oral understanding, and in contravention of Husband's assurances to Wife's counsel, that Husband would not enter such premises without advance notice and the presence of Wife. 8. Husband's many unannounced visits have caused, and continue to cause Wife great emotional distress. 9. In particular, on March 18, at 11 p.m., Husband entered a darkened Marital Residence after Wife and her children were asleep, and brazenly entered Wife's bedroom, disrobed, and laid down in bed with Wife, insisting that it was his house and he would sleep there if he so desired. It was after this incident, and intervention of Wife's counsel, that Husband agreed not to visit the Marital Residence except during reasonable hours and with advance notice to Wife. 2 10. On April 7, 2008, Husband entered the Marital Residence, without advance notice or permission, while Plaintiff was at work and the children were at school, and emptied the family room by taking, inter alia, a wall-mounted 55" flat screen television, with a surround sound system, leaving wires dangling from holes in the walls, a DVD player, a VCR player, and a leather couch and recliner. 11. Most significantly, Husband took a Wife's personal laptop computer, containing confidential communications between Wife and her legal counsel, as well as school work belonging to the parties' daughter Maura, who uses Wife's computer for school assignments and who is now unable to do so due to Husband's actions. 12. After this last incident, when Wife returned home to find her home had been ransacked, Husband called Wife and threatened that "this was just the beginning of how ugly it can get and if you do not do things amicably and work it out with me, it will get worse." Husband further stated that if Wife does things "my way, you could have all the things back in a few days" but that if she continued her legal representation by "using your unethical money- grubbing lawyer," he would continue to "play dirty." In this call, Husband also threatened that if Wife did not tell the children that she had authorized the removal of these items temporarily as a convenience to Husband, "things would get ugly." 13. With regard to the laptop computer, Husband told Wife that if she did not give him the password, that he would have a technician get into it as it contains his business software. Although Husband alleges that the laptop is a business asset of his company, Premier Funding, Wife had no idea of that as he gave it to her personally in January of 2007, and Wife has no knowledge that Husband has ever used this computer for his business. Further, Premier Funding is wholly owned by Husband, and is itself a marital asset. 14. On April 8, 2008, Husband returned the laptop computer to the Marital. Residence, and admitted to Wife that he had utilized the services of a computer technician to break into the laptop and allegedly only removed his business software and data therefrom, a statement that defies belief inasmuch as he has had no need to use the computer for business purposes since January of 2007. 15. Since physically separating, the parties have been in the process of amicably dividing their personalty, and Wife has boxed many items as a convenience to Husband, with only a few pieces of personalty remaining in the Marital Residence. Wife fully intends to continue to permit Husband to retrieve such personalty during reasonable hours upon proper advance notice, as has been the procedure adopted by the parties for Husband to obtain his personalty. COUNT I - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 16. The prior paragraphs of this Motion are incorporated herein by reference thereto. 17. 23 Pa.C.S.A. §3502(c) provides as follows: Family home. - The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 18. Based on the foregoing, Wife believes that it is appropriate for the Court to grant her exclusive use and possession of the Marital Residence during the pendency of the divorce action. 4 WHEREFORE, Wife requests that the Court schedule an emergency hearing on this Motion to determine Wife's right to exclusive possession of the Marital Residence, and Husband's right to retrieval of the remaining items of his personalty, but that pending such hearing, Husband shall be enjoined from entry into the Marital Residence. COUNT II - SPECIAL RELIEF 19. The prior paragraphs of this Motion are incorporated herein by reference thereto. 20. Pa.R.C.P. 1920.43(a) provides, inter alia, as follows: (a) At anytime after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, 3. grant other appropriate relief 21. Based on the foregoing, Wife believes that it is appropriate for the Court to grant special relief as requested below. WHEREFORE, Wife therefore requests that after hearing, the Court order: (1) that Husband immediately return all items taken from the Marital Residence, including the leather furniture, the flat-screen televison with surround sound system, the DVD and VCR players, and to reinstall them in proper working order; (2) that Husband provide a notarized statement as to all information that he obtained from said laptop computer and identifying any information copied therefrom by any means, or onto any medium, including CD-ROM or flash drives, and including transmission to other computers, as well as the names and addresses of any persons who assisted Husband with such endeavors. 5 COUNT III - COUNSEL FEES AND COSTS 22. The prior paragraphs of this Motion are incorporated herein by reference thereto. 23. Pursuant to 42 Pa.C.S.A. §2503(7), a sanction for counsel fees may be imposed by a court for obdurate and vexatious behavior in the course of litigation. 24. Pursuant to 23 Pa.C.S.A. Section 3702, the court is permitted to award counsel fees on an interim basis. 25. Wife has incurred, and will continue to incur, counsels fees in the preparation and prosecution of this Motion solely due to Husband's obdurate and vexatious behavior. 26. Based on the foregoing, Wife believes it is appropriate for the Court to impose counsel fees. WHEREFORE, Wife respectfully requests this Honorable Court to impose upon Husband the legal fees and costs incurred in defending against Husband's belligerent and wrongful actions taken in the Marital Residence, which caused emotional distress to Wife and her children (especially to Teddy, the parties' emotionally and physically retarded son). Respectfully submitted, Date: Ib v e vwt?) - Jo 4CHowett, Jr., quire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Mary Beth Simonic 6 VERIFICATION I, Mary Beth Simonic, hereby swear and affirm that the facts contained in the foregoing MMCN KR EXLZi1SIW pCSM3SICN CF MRITAL RESIDEMM RF-9U Nr TO 23 PA.C.S. =CN 3502(c) AID RP SPECIAL FE= Rl? TO PA.R.C.P. 1920.43 are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 4/10/08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, ) Plaintiff ) V. ) DAVID E. SIMONIC, ) Defendant ) NO. 2008- CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE -CIVIL TERM I, John C. Howett, Jr., Esquire, counsel for Mary Beth Simonic, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion for Exclusive Possession of Marital Residence Pursuant to 23 Pa.C.S.A. §3502(c) and for Special Relief Pursuant to Pa.R.C.P. 1920.43 was served upon David E. Simonic, by depositing same in the United States mail, first class, on April 10, 2008, addressed as follows: Mr. David E. Simonic 523 Devon Road Camp Hill, PA 17011 Date: y/io /p khryt. -T Howett, Jr., E6juire H WETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Mary Beth Simonic "?„' cr --? ?A ?.' ` -c- :.?.. - ??c.: ??.. .. _? J ? ? r ..1.. -.-{+ n - r rY? ' 'y a,? ? ?? MARY BETH SIMONIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 08-2256 CIVIL DAVID E. SIMONIC Defendant IN DIVORCE ORDER OF COURT AND NOW, this 11th day of April, 2008, upon consideration of the Petition for Exclusive Possession and Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant, David E. Simonic to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendant will answer this Petition on or before May 2, 2008 3. The Prothonotary will forward said Answer to this Court. 4. A hearing shall be held on Friday, June 13, 2008 at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA. 5. Pending said hearing IT IS FURTHER ORDERED AND DIRECTED that the parties are enjoined from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties unless agreed upon by both parties. By the Court, ?John C. Howett, Jr., Esquire Attorney for Plaintiff v /"David E. Simonic, Defendant 523 Devon Road Camp Hill, PA 17011 bas ??A M. L. Ebert, Jr., J. eas eng Lec yf i?t?os i, N'V,`OASNN:44 AINm Z Q :1 Wd 118dv BOOZ Mvio vui Lwd d0 V r;', • MARY BETH SIMONIC IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID E. SIMONIC DEFENDANT 2008-2256 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 15, 2008 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 21, 2008 at 1:010 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Mangan, r. &q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FELE. -C - T1 OF THE S _. 2003 APR 15 P 2: ti 5 ttw'^.? A4 4 f r Cop, ,maclsoL -4n. -0. c bc4- w°Y ? n2? r ? PI, Lr.- MARY BETH SIMONIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : 08-2256 CIVIL DAVID E. SIMONIC Defendant IN DIVORCE ORDER OF COURT AND NOW, this 24th day of April, 2008, upon consideration of the request of Defendant for an extension of time to file the Answer, IT IS HEREBY ORDERED AND DIRECTED that the Defendant may have an extension until Friday, May 9, 2008, to file the Answer required. The remainder of the Order of Court dated April 11, 2008, shall remain in full force and effect. By the Court, hn C. Howett, Jr., Esquire vedol Attorney for Plaintiff ?David E. Simonic, Defendant 523 Devon Road Camp Hill, PA 17011 bas M. L. Ebert, Jr., ? ? n ,t?,j`,,; r ; '? f ? :? ?`?t? ?? Zt? ???Z ?, h - i?-i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, Plaintiff V. DAVID E. SIMONIC, Defendant NO. 2008-2256-CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE John C. Howett, Jr., Esquire, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 10`h day of April, 2008, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, David E. Simonic, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 523 Devon Road, Camp Hill, PA, 17011, the Defendant's last known address, and that the return receipt card which was signed by David Simonic, marked as having been delivered to him on April 16, 2008, is attached hereto and made a part hereof. Esq ohn HoVS?SIN?GER OWETT, OLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Mary Beth Simonic SWORN TO AND SUBSCRIBED me this 29 of April, 2008. DEBRA M. Y OF HARP LAw OFFx s cw HOWETT, KISSINGER & HOLST, P.C. 130 WALYLT STREET POST OFFICE BOX 810 HARRISBURG. Pex%'SYLVA..Nta 17108 JOHN C. HOWE'iT. JR. DONALD T. KISSINGER DARREN 1. HOLST REBECCA M.DARR DEBRA M. SHIMP Legal Assistant April 10, 2008 VIA CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL Mr. David E. Simonic 523 Devon Road Camp Hill, PA 17011 Re: Simonic v. Simonic Dear Mr. Simonic: [71712.4-2616 FAX 17171 233-SM2 Enclosed for service upon you please find a certified copy of a Complaint in Divorce along with a time-stamped copy of a Motion for Exclusive Possession of Marital Residence Pursuant to 23 Pa.C.S.A. §3502(c) and for Special Relief Pursuant to Pa.R.C.P. 1920.43, which pleadings were filed with the Cumberland County court today on Mary Beth's behalf. , S7:erely John C. Howett, Jr. JCH/dms Enclosures cc: May Beth Simonic (w/encls) ,..a - • - • C3 (Domestic Coverage Provid ed) o L I A L U S E 7 - - -- M 1.1 ,. W Postage $ ru Certified Fee • f , Q,0 PA. >>, C3 0 C3 (Endorsement Reeqqutired) .. • N PO* C3 Q" Restricted Del Nery Fee (Endorsement Required) ?CJ O C13 rU Total Postage & Fees $ t r'z. .U C3 O Sent TO ( 4 tlBlBt Ilpt No.; or PO Box No. ??. "? /------- --f,J? -- --------- - ? -------------- . 1 ?F9 I I ?1v '71? ¦ Compote items 1, 2, and 3. Also compote (tom 4 N Restrlded Demmy is desired. ¦ Print your name and address on the reverse so that we can return the card to you. • Attach tho card to the tact of the mailpieoe, or on the front if spooe permits. 1. Ardds Addressed to: W. bAvlD E'- SIr' MIc- 'V3 b 4--,v bm 71--Lo Alh C imp ?LL, -p?q /7011 A. X by Pikr Atsrns C. DOW Dsl D. Is ddvsry eddy s d Wwd ftx? 11 B YES,? l?eflwry address pelaw.. T ' ?° 1, SrR?C 46 a MA GOVIN Iwo E ? Repotered Aeprr" P140 MmelwsldMb 0 kwmW MaN / 0 CAD. 4. RwUWW Depvery Aft Fes) N wlbw ' '?tn.rao.?ey 7004 2890 0002 8003 1071 nr, t .5, 1, FdMMyr' 4 DOMMAIC Retum ReCelpt /6llai Cl MF1b10 C r.' 'r7 r-r ? ? -? T. Z Z ,c J +a, c',;ry MARY BETH SIMONIC, ) Plaintiff ) } VS. ) DAVID E. SIMONIC, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2256 CIVIL TERM IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Answer to the Plaintiff's Motion: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the parties were married in November of 1988 in New York. It is denied that they separated in the fall of 2007 and stated that the parties separated on or about 22 March 2008 when Defendant, at Wife's demand, moved from the family home and took up temporary residence at a house the parties were in the process of renovating for resale. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Plaintiff resides in the marital residence but stated that the children reside with both parents in a shared custody arrangement. 7. Denied. There was no oral understanding, or formal agreement, that Husband would not return to the marital residence. To the contrary, Defendant made known to Plaintiff and her attorney that he reserved his right to return to the residence to retrieve items from the residence that he needed. The house in which Defendant has taken temporary residence does not have an operating kitchen and Defendant has not moved to that residence all of his personal property. As a result, Defendant has reasonable needs to return to the house to retrieve items, to check on the condition of the property, and to see his children. 8. Denied as stated. Defendant has no way of knowing whether his visits have caused Plaintiff emotional distress. He denies, however, that anything in his conduct justifies or caused such distress and states that, to the extent that Plaintiff suffers actual distress, it is as a result of the marital breakup itself and not a result of Defendant's occasional visits to the marital residence. Defendant has not returned to the house without advance reasonable notice to Plaintiff and has attempted to avoid confrontations with her at the house. 9. Denied as stated. The parties were not separated on 18 March 2008 and Defendant was, at that time, still residing in the marital home. Defendant's conduct was not brazen but merely represented a continuation of his living in the marital residence at that time. Defendant acknowledges that he had spent some nights sleeping in another room in the house but states that he also slept frequently in his bed in the bedroom with Plaintiff. In the night in question, he simply continued that practice. In fact, both Plaintiff and Defendant slept the entire night in the bed on that occasion. Further, Defendant denies that he ever agreed not to return to the marital residence without advance notice to Plaintiff. He has given her reasonable advance notice when he has returned to the residence but it has never promised not to return without that notice. 10. It is admitted that Defendant entered the residence and removed certain electronic equipment and furniture. Plaintiff had previously stated to Defendant that he could take what he wanted from the residence and Defendant advised Plaintiff that he would be taking the items that he did, in fact, remove. By way of further answer, Defendant states that he left household furnishings worth far more than the items he removed for Plaintiff and the children's use. To date, the parties have not divided the household furnishings and other tangible personal property. 11. Defendant admits that he removed a laptop computer but denies that it was wife's personal computer and states that it was a computer provided and owned by his company that the entire family used and that Defendant himself used with certain licensed business software and on which he kept certain confidential business information. Defendant has no way of knowing whether Plaintiff kept confidential communications on the computer because he has never reviewed any of Plaintiff's files or other data within the computer. Defendant denies that he has violated Plaintiff's confidential communications with her attorney through his possession of the computer. 12. Denied. Defendant denies that he "ransacked" the marital house or that he made the threatening comments and statements attributed to him in this paragraph. To the contrary, Husband has attempted to resolve the disputes between the parties through good faith negotiations and, as part of those negotiations, has made serious and reasonable offers of financial settlement which Plaintiff and her attorney have refused to accept. To the contrary, it is Plaintiff who has attempted to bully and threaten Defendant. She has threatened to file a Petition for Protection of Abuse against him, for which she has no lawful grounds, and has threatened him with other unspecified legal proceedings. In the recent past, Plaintiff has physically assaulted Defendant. In fact, it was a result of these threats and assaults that Defendant decided to move from the marital residence in late March of 2008. 13. Defendant admits that he requested the password to the computer and states that he requires the password to have access to some of his personal and business records kept on the computer. Defendant denies that the computer was ever given to Plaintiff as her personal computer or for her exclusive use. To the contrary, Defendant entered certain business, licensed, software on the computer and used it to conduct certain business transactions at the family home. In the process of doing that, he entered confidential information regarding business associates and clients and he had a duty to protect that confidential information as well as the licensor of the software. 14. Defendant admits that he returned the computer the next day after removing his business software and confidential business information. Defendant denies that he used the computer or the information therein, to violate Wife's confidential communications with her attorney. To the contrary, he did not access any of Wife's files or other data in the computer. He obtained access to the licensed software and the confidential business records on the computer, deleted that information, and promptly returned the computer to Plaintiff. 15. Admitted in part and denied in part. It is admitted that the parties have discussed 11 dividing the tangible household personal property. It is denied, however, that Defendant has removed the majority of his share of the items from the home or that he is satisfied or will be satisfied with the division of those items currently being made by Plaintiff. COUNT I - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 16. No answer required. To the extent an answer is required, Defendant incorporates herein the averments set forth in the first fifteen paragraphs of this Answer. 17. It is admitted that the Divorce Code contains that language. It is denied that any factual response is required to this Paragraph which merely quotes the law. 18. Defendant denies that it is appropriate for this court to award Plaintiff exclusive possession of the marital residence or that the Divorce Code, as repeatedly interpreted and applied by the Courts of Pennsylvania, justifies or requires such an award. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Motion for Exclusive Possession of the Marital Residence. COUNT II - SPECIAL RELIEF 19. No answer required. To the extent that a factual response is required, Defendant incorporates herein by reference the averments set forth in the preceding eighteen paragraphs of his Answer. 20. It is admitted that the Divorce Code contains these provisions but denies that a factual response is required because this Paragraph merely quotes the law. 21. Denied. Defendant denies that the averments in Plaintiff's Motion justify the relief, or mandate the relief, which Wife seeks. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Motion for Special Relief. COUNT III - COUNSEL FEES AND COSTS 22. No answer required. To the extent that a factual response is deemed necessary, Defendant incorporates herein, by reference, the averments set out in the first twenty one paragraphs of this Answer. 23. Denied as stated. The statutory section cited by Plaintiff allows the court to award attorneys fees when one party delays or interferes with the litigation, in bad faith, in an effort to injure the other party. Defendant denies that any such conduct occurred or is even averred by Plaintiff in her motion. 24. Admitted. 25. Denied. Plaintiff has incurred and continues to incur legal fees in her unreasonable efforts to exclude Defendant from the marital residence and access to his children and his property there and in an effort to coerce Defendant to accept an unreasonable financial settlement. The fees incurred by Wife, both past and future, have not been and will not be incurred because of improper conduct by Defendant. 26. Denied. There are substantial assets in this case from which each party will be able to pay their attorneys fees and an award of interim fees, which are simply advance legal fees, are more likely to promote litigation than to resolve it. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Motion for Counsel Fees and Costs. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 true and correct. I understand that 1ties of 18 Pa. C. S. 4904 (unworn 4SIOIIZC--?? ? cxf ? e 00 :3C ?c cr, JUN 0 S 2008 MARY BETH SIMONIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2256 CIVIL ACTION LAW DAVID E. SIMONIC, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of June 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, David E. Simonic, and the Mother, Mary Beth Simonic, shall have shared legal custody of Theodore Simonic, born 12/29/1990 and Maura Simonic, born 07/09/1992. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: a. Mother shall have primary physical custody of Maura subject to Father's physical custody of Maura for two days and overnights each week. The parties shall arrange the scheduling of those times giving consideration to Maura's schedule and will not take place on weekends without Maura's consent. The exchange times, days and locations shall be by mutual agreement. b. The parties shall share physical custody of Theodore on an equal basis. The parties shall continue the current schedule whereby Father has Theodore every Monday and Tuesday, Mother shall have physical custody of Theodore every Wednesday and Thursday and the parties shall alternate Friday through Sunday. The exchange times and locations shall be by mutual agreement. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays, vacations and all other periods of physical custody: The parents shall arrange these periods of time with their Children pursuant to mutual agreement. In the absence of mutual agreement, the parties may contact the assigned Conciliator to establish said periods. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage si the other parent in the presence of the Children. 6. In the event of a medical emergency, the custodial parry shall notify the other parties as soon as practicable after the emergency is handled. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, "*k1. J. istribution: ?ohn C. Howett, Jr., Esq. uel L. Andes, Esq. ? John J. Mangan, Esq. C'o i f S' m?. ? L?4? VINVAlASNN3d 61 M wd h- Nnr 8002 lkwiotlo) L ,8W ?o 30l-?-4?-Q MARY BETH SIMONIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2256 CIVIL ACTION LAW DAVID E. SIMONIC, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Theodore Simonic 12/29/1990 Mother Maura Simonic 07/09/1992 Mother 2. The parties to this action have come to an agreement and the parties are as follows: The Mother, Mary Beth Simonic, and her counsel, John C. Howett, Jr., Esq. The Father, David E. Simonic, and his counsel, Samuel L. Andes, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. 'Mangan, Esquire C sto Conciliator MARY BETH SIMONIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : 08-2256 CIVIL DAVID E. SIMONIC Defendant IN DIVORCE ORDER OF COURT AND NOW, this 9th day of July, 2008, upon consideration of Plaintiff's Motion for Exclusive Possession of Marital Residence and for Special Relief, the Defendant's Answer thereto, and after hearing, the Court finding that the Defendant has returned the property in question and agreed to Plaintiff having exclusive possession of the marital residence, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Motion for Exclusive Possession of Marital Residence is GRANTED. Plaintiff's Motion for Special Relief for Return of Items Taken from the Marital Residence is GRANTED; and Plaintiff's Motion for Counsel Fees is GRANTED in part. Defendant shall pay counsel fees and costs in the amount of $1,500.00 By the Court, M. L. Ebert, Jr., John C. Howett, Jr., Esquire Attorney for Plaintiff Samuel Andes, Esquire Attorney for Defendant bas VNVAIASNN?d 6 1 M Wd 6- lnr 9001 3u do IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, ) Plaintiff ) V. ) DAVID E. SIMONIC, ) Defendant ) NO. 2008-2256 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE WITHDRAWING ANCILLARY CLAIMS TO THE PROTHONOTARY: Please withdraw all ancillary claims filed by the Plaintiff, Mary Beth Simonic, in the above-captioned divorce action. Date: 10 41? 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Mary Beth Simonic Respectfully submitted, a CX) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, Plaintiff V. DAVID E. SIMONIC, Defendant NO. 2008-2256 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE WITHDRAWING ANCILLARY CLAIMS TO THE PROTHONOTARY: Please withdraw all ancillary claims filed by the Defendant, David E. Simonic, in the above-captioned divorce action. % Date: ?tj7b Respectfully submitted, L. Andes, squire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Telephone: (717) 761-5361 Counsel for Defendant David E. Simonic ?r C;o CD MARY BETH SIMONIC, Plaintiff vs. DAVID E. SIMONIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2256 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on and served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 9. A9, o? Dated: AVID E. S1M NI Cam. C t N . ,. co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, Plaintiff V. DAVID E. SIMONIC, Defendant NO. 2008-2256 CIVIL TERM CIVIL ACTION - LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. April 10, 2008. 2 A complaint in divorce under §3301(c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(-c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 6 M Be SlmoMCI Plaintiff ?y P\;T t C_`,J ._ ? t "w.i ?+"? (?'..) y ..J ...... ?aS.? ?„?„I ¢. E -r; i" C - 4th ;L? . e.? `% ? ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY BETH SIMONIC, ) Plaintiff ) V. ) DAVID E. SIMONIC, ) Defendant ) NO. 2008-2256 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail on April 16, 2008; Affidavit of Service filed April 30, 2008. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, September 29, 2008; by defendant, September 29, 2008. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: /0 -9- 75 John C. I weft, H, Esq ire HO , KISSINGER T, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Mary Beth Simonic ?.5 c'? t`? . w.3 . ['gig 4 t -^gk7 ? ..4J : J s . ., ?.?, ? ?' ?- ??a ?s "+w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARY BETH SIMONIC, _ N I f 2008 2256 CIVIL TERM Plaintiff No. v sus DAVID E. SIMONE, Defendant AND NOW, DECREED THAT AND DECREE IN DIVORCE O cA oho t r t ? MARY BETH SIMONIC DAVID E. SIMONIC ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2008 , IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE COURT: PROTHONOTARY . ?/ - of 7l° 0