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Nemirovsky v. Nemirovsky

Order denying petitions to intervene in divorce action affirmed where petitioners failed to establish they had ownership interests in the property of companies owned by husband who absconded after wife filed for divorce.

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� 1 The present appeals stem from an order denying the petitions to intervene in a divorce action filed on behalf of appellants Sun Machinery Corporation and East Penn Machinery Company. Given the identical factual background and nearly identical issues, resolution of the two appeals can best be accomplished in a single opinion.

� 2 These appeals arose out of an underlying divorce action between appellee, Leslie Nemirovsky and Stephen Nemirovsky. The Nemirovskys were married on October 17, 1987. The marriage produced two children. Prior to the marriage, Stephen Nemirovsky created two companies, Quaker City Machinery (“QCM”) and Quaker City Machinery of Delaware (“QCMD”), that were in the business of purchasing and selling used industrial equipment. On April 17, 1998, QCM borrowed $200,000.00 from National Penn Bank for the purpose of buying a large piece of equipment. The loan was secured by the inventory and equipment of QCM and QCMD, which was stored at two warehouses. One warehouse was located in Philadelphia and the other in Lester, Pennsylvania. National Penn Bank also required that the Nemirovskys guarantee the loan through a mortgage creating a lien upon the marital home.

� 3 Leslie Nemirovsky filed a complaint for divorce on September 16, 1998. Following the filing of the divorce complaint Stephen Nemirovsky absconded to Mexico. He has failed to pay child support or make payments on the National Penn Bank loan. As a result of non-payment of the loan, National Penn Bank confessed judgment against QCM, QCMD and the Nemirovskys, seeking mortgage foreclosure of the marital home. On December 14, 1998, Leslie Nemirovsky filed a motion for special relief, seeking in part to prevent Stephen Nemirovsky from dissipating the assets of QCM and QCMD. In response to the motion and after a hearing, the trial court issued an order on January 13, 1999 in the nature of a preliminary injunction, which sealed the warehouses in Philadelphia and Lester and secured arrangements for the sale of the equipment contained in the warehouses.

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