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KAREN S. SIMON v. DENNIS J. SIMON (04/10/81)

filed: April 10, 1981.

KAREN S. SIMON
v.
DENNIS J. SIMON, APPELLANT



No. 1010 April Term, 1979, Appeal from the Decree of the Court of Common Pleas of Westmoreland County, Civil Division, at No. 8362 of 1978.

COUNSEL

Henry A. Hudson, Jr., Greensburg, for appellant.

A. C. Scales, Greensburg, for appellee.

Hester, Brosky and Van der Voort, JJ. Hester, J., concurs in result.

Author: Brosky

[ 286 Pa. Super. Page 405]

Appellant asks us to reverse the decision of the trial court to divide all jointly held personal property which existed before any appropriation by either party. We hold the trial court acted properly and affirm.

Dennis Simon raises four issues on appeal. First, were the trial court's calculations in error? Second, did the trial court err in not granting appellant's full counterclaim? Third, did the trial court err in refusing to consider the Protection from Abuse Order obtained by appellee as evidence of removal from home. And, fourth, did the trial court err in its determination of relevant dates as they affected the rights of the parties.

This appeal arises out of the following facts. The parties were married on April 20, 1978. They have no children. They owned joint property in the form of real estate. A mortgage on this property is paid by appellee. They held two jointly held bank accounts during their marriage. On July 10, 1978, Dennis Simon traded a truck titled in his name alone plus money he obtained from a joint bank account for a truck.*fn1 This transaction occurred with the

[ 286 Pa. Super. Page 406]

    knowledge of Karen Simon. This truck has been in Dennis Simon's exclusive use since the couple's initial separation. On July 16, 1978, Dennis Simon left the marital domicile. On July 17, 1978, Karen Simon withdrew all money from their jointly held accounts. However, after Dennis Simon returned to the marital domicile that same day, Karen Simon redeposited the money she had withdrawn plus an additional amount into their joint bank account. Dennis Simon then left the marital domicile for the final time on August 18, 1978, under resistance of Karen Simon, and he removed a substantial portion of their savings from their joint accounts.

Thus, out of a joint savings account of the Irwin Bank and Trust Company, amounting to Four Thousand Six Hundred Seventy-Two Dollars ($4,672), appellant withdrew for his own purposes Three Thousand Seven Hundred Dollars ($3,700), and, from a joint savings account at the Union National Bank in the amount of Three Thousand Nine Hundred Twenty-One Dollars and Fifty-Four Cents ($3,921.54), appellant withdrew Two Thousand Five Hundred Dollars ($2,500) for his exclusive use. This money ($2,500) was subsequently deposited at the Southwest National Bank under the name of Dennis Simon.

Dennis Simon asserts that these funds were withdrawn for the use of the marriage. He specifically challenges the trial court's holding that his automobile purchase was for his own use. We disagree and hold that the trial ...


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