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e-mails with Petitioner s attorney

Андрей Станиславович Смык: литературный дневник

Mr. Veligurov,

Please, read my answers in the body of your e-mail.

Thanks.

Andrei.

From: Matthew Gonsalves
Sent: Monday, March 22, 2021 3:19 PM
To: Andrei Smyk
Cc: Andrei Smyk
Subject: Re: IRMO SMYK

Dear Mr. Smyk,

I am writing to you in the spirit of meet and confer with regard to your 03/21/2021 email.

• All documents have been served on you electronically at your email address. If you wish to request a transcript you may do so at your own expense.

I don’t believe I have any docs related to the original hearing, which took place in Sept, 2020 as far as I remember, No? In one of the docs you mentioned that your firm has been retained by Ms. Smyk. When did she hire you? When was the first court hearing?
• I look forward to receiving your FL-117.
Please, let me know when you receive it.
• I am not sure what questions you are referring to, pursuant to your 03/05/2021 email you didn't ask any questions, but simply stated you are not going to provide any statements supporting your position that the "accounts have been divided" even after Ms. Smyk provided you with hers as you have requested.

No. You have accused me of sending threatening messages to Ms. Smyk, and I did ask you to explain/clarify. In regards to confirming that I divided my Etrade IRA, no statements are needed from me. You can see it from Ms. Smyk’s statements (the very last one in the exhibit for June, 2017 for example, which shows a transfer of cash and securities, totaling a bit North of 80k). Also, I pointed out that the FOAH from the last court meeting, which I was not notified about, contains conflicting orders. Had I not divided my ET IRA account, where would the money/securities come from to Ms. Smyk’s newly opened back then account? The order could have been either to divide the account or to put the money back, but not both. Am I wrong?

Please advise as to when I can expect your Income and Expense Declaration? and whether or not we should expect to see you at the next hearing presently set for 04/26/21 at 8:30 a.m.?

Yes, I am planning to attend the next hearing in April. This is why I am in California. I was planning to fill out my Income and Expense declaration after I am done with my taxes (it will be ready by 04/26). Is that time frame acceptable? Incidentally, as I stated in one of my e-mails, I have been unemployed since April, 2019, so you should expect to see a close to zero income since then.

I look forward to hearing from you regarding the above.

Very truly yours,

Dmitriy Veligurov
Attorney at Law
MJG:dv
Law Offices of Matthew J. Gonsalves
438 Estudillo Avenue
San Leandro, CA 94577
(P) (510) 351-5102
(F) (510) 351-6311
Email: gonsalvesatty@sbcglobal.net
This email is intended only for the person(s) to whom it is addressed and may contain information that is privileged, confidential and protected from disclosure pursuant to applicable law. If you are not the addressee or the person authorized to deliver this document to the addressee, you are hereby notified that any review, disclosure, copying, dissemination or other action based on the content of this communication is not authorized. If you have received this document in error, please immediately notify our office and shred all copies.

On Sunday, March 21, 2021, 07:42:33 PM PDT, Andrei Smyk <andrei.smyk@outlook.com> wrote:

Mr. Veligurov,

• So far, the only document which I received from you by mail (about two weeks ago) was FL-340 with FOAH from the last court hearing (taking place on 01/25/21) which I was not notified about. Please, mail me the complete set of documents, including the transcript of the original hearing, which took place in Sept 2021. Although, I suppose it can wait till I hire an attorney, please, let me know if you can fulfill my request.
• I have completed and mailed back to you FL-117, which you included in the package
• Please, answer my requests/questions from my previous e-mail

Sincerely,

Andrei Smyk.

From: Andrei Smyk
Sent: Friday, March 5, 2021 2:53 PM
To: Matthew Gonsalves
Cc: Andrei Smyk
Subject: RE: IRMO SMYK

Mr. Veligurov,

• Please, explain when I was sending threatening messages, and what I was threatening with. The only message I sent to Ms. Smyk for the past month was the one I sent an hour ago, headed “Your choice” where I explained my position, and the responsibility she is going to face if we go to court. The only reason I did it, so she can not blame me later for not letting her know what is coming. She can ignore it. There are no threats in it. Am I wrong?
• I have made quite a few requests, which you ignored. Please, provide the answers before requesting anything else from me. As far as your claim goes for me to return now reduced to $82,000 into Ms. Smyk’s IRA, please, prove that I did withdraw that amount. I could not see it from the statements which you provided.
• I am not going to spend anymore of my time digging through different account statements, and answering your requests. I am filing a motion to set this case aside, which is entirely bogus in my mind. I will let you know when I have an attorney.

Thanks.

Andrei Smyk.

From: Matthew Gonsalves
Sent: Friday, March 5, 2021 2:08 PM
To: Andrei Smyk
Cc: Andrei Smyk
Subject: IRMO SMYK

Dear Mr. Smyk,

Please stop sending baseless and threatening messages to Ms. Smyk as you are disturbing her peace.

I have repeatedly requested your IRA statements which you have yet to produce.

Further, you have not produced any evidence of an "agreement" allowing you to access Ms. Smyk's IRA or withdraw her funds as you see fit. Please return the $82,800 you have withdrawn without permission at once.

As for the "math" you requested regarding the $82,800 please see attached and feel free to confirm the same with your chase account ending in 3139.

I await receipt of your Fidelity and E*Trade IRA statements. Please provide the same from 01/01/2017 to present.

Very truly yours,

Since you do not want to talk to me, I will put in writing what is going to happen if we do go to court. As I warned you before, you will loose your case. It is not just about money, and I do not know how much trouble you will end up dealing with.

I want to make sure that you are aware of the consequences. It is up to you how to proceed, and therefore, if you loose a lot more than you thought you could, please, remember that you are the one who has inflicted it on herself. I merely have to go with the process, which I did not start.

You have made quite a few assumptions and provided distorted view of our marriage dissolution. I am filing a motion with Alameda court to put your case aside. Meanwhile, I will be looking for an attorney myself, and am getting ready for the next court hearing. I will continue responding to your lawyer’s requests via e-mails, yet, remember, that you will end up paying for their efforts. The longer this case continues, and the more investigation it requires (including QRDO, etc.), the more you will pay. Also, I believe it would be reasonable for me to make you pay for my additional expenses because of this litigation (I am estimating at least $5k). By the way, there is no money in my IRAs either. As I told you, I was drawing equal or bigger amounts from my accounts as well, and had nothing to gain.

There may be multiple reasons you are going to loose this case, and each of them may affect you differently, yet the main two are:

- You provided wrong data to the court when filed the claim
- You were ineligible for alimony in a first place, yet you are trying to get even more from me

Although, you do not want to disclose you relationship with Adam Simpson, it does not matter if you formally got married or just lived together as partners. California law allows for termination of alimony in such cases. Most likely he will have to testify in court as well, and remember – people who work in that system are not stupid, do not try pushing your luck by bending it.

In addition, not only you are not going to get any new alimony payments (or missed payments for what you believe I owe you), you will have to pay back what I already paid. Therefore, expect that the remaining house appreciation payments will have to cover for that (by the way, there is only around $80k left not $95k as you claimed). Although, originally I was suggesting to buy you an apartment in St. Petersburg, and was willing to share an extra $50k, you no longer have this option (It was your choice when you tried to highjack the proceeds from the sale of the house, and especially when you filed this claim).

I will also use this case to bring up parental alienation, and your attitude in regards to my visitation rights.

(Talk to your lawyer, yet, your other choice, first and foremost, is to start talking to me.)

Thanks,

Andrei.

P.S. I had to suspend the house appreciation payouts until this litigation is over. In the interim, you will only be getting child support.

From: Andrei Smyk
Sent: Friday, March 5, 2021 11:43 AM
To: Matthew Gonsalves
Cc: Andrei Smyk
Subject: RE: IRMO SMYK

Mr. Veligurov,

I will state one more time that all of the withdraws from Ms. Smyk’s IRA were negotiated and sponsored by Ms. Smyk instead of going through court, and modifying my spousal support obligation. I looked over the statements. I do not see how you came up with $82,000 withdraws into my account. Please, clarify your math.

Thank you.

Andrei Smyk.

From: Matthew Gonsalves
Sent: Friday, March 5, 2021 10:19 AM
To: Andrei Smyk
Cc: Andrei Smyk
Subject: Re: IRMO SMYK

Dear Mr. Smyk,

Find attached statements indicating the withdrawals that you made from Ms. Smyk's E*Trade IRA account ending in 5929. All withdrawals were to your Chase account ending in 3139. Are you disputing that you made these withdrawals?

There are no agreements allowing you to access and draw money from Ms. Smyk's account. It would appear you were entitled to $6,00 pursuant to an agreement executed on 01/21/2018, however nothing in this agreement allows you to access Ms. Smyk's account and do what you wish with her funds especially $82,000.

We strongly encourage you to return all the funds you withdrew without Ms. Smyk's knowledge or consent at once!

We look forward to receiving your statements supporting your contention that the Fidelity and E* trade IRA's were divided.

Very truly yours,

On Wednesday, March 3, 2021, 02:11:57 PM PST, Andrei Smyk <andrei.smyk@outlook.com> wrote:

Mr. Veligurov,

Please, read my answers in the body of your e-mail.

Thanks.

Andrei Smyk.

From: Matthew Gonsalves
Sent: Wednesday, March 3, 2021 11:37 AM
To: Andrei Smyk
Cc: Andrei Smyk
Subject: Re: IRMO SMYK

Dear Mr. Smyk,

I am writing in Reply to your 03/02/2021 email.

The form your provided does not show proof the E*Trade account ending in X3053 was divided nor have you provided any documentation evidencing the division of the Fidelity IRA account ending in 4454 account. I need your E*Trade and Fidelity statements evidencing the equal division of the same pursuant to the Judgment. I look forward to receiving them prior to the next hearing.

I will contact my brokers, and will channel your request. Yes, I suppose by next hearing we should have the

Further, the agreement you provided dated 01/21/2018 states that Ms. Smyk will pay you $10,000 from her E*trade account for joint bills and taxes.
The agreement was for household expenses, not just bills and taxes.

Pursuant to Ms. Smyk's statements for E*Trade account ending in X5929 you have unlawfully accessed and without permission transferred out $82,800 since 12/18/2017 into your Chase account ending in X3139.
Please, provide the proof. I do not have access to her ETrade account. I have been drawing money from both IRA accounts (her and mine) according to our agreement.

There is no agreement as to you accessing her Separate Property E*Trade account or withdrawing said funds. She is requesting that these be returned at once. (less $6,000 pursuant to the 01/21/2018 agreement as there should be no taxes or fees for division of an IRA as part of a dissolution of marriage action)
What is her Separate Property E*Trade account?

I do not see anywhere in the Judgment of dissolution of marriage where it says you do not have to pay spousal support to Petitioner once you quit your job. If I am missing something please advise.
I lost my job. I did not quit it. I am going to question the court for Petitioner’s entitlement for alimony in a first place.

All hearings were and are virtual; they can be attended from anywhere on the globe via BlueJeans. Notice of same was timely provided to you. I encourage you to attend all future hearing.
I will try to catch up, yet, I was unaware of January hearing.

Very truly yours,

Dear Mr. Smyk,

My 12/14/2020 email forwarded pursuant to your request.

Very truly yours,

----- Forwarded Message -----
From: Matthew Gonsalves <gonsalvesatty@sbcglobal.net>
To: Andrei Smyk <andrei.smyk@outlook.com>
Cc: Andrei Smyk <andrei.smyk67@gmail.com>
Sent: Monday, December 14, 2020, 02:17:48 PM PST
Subject: Re: My concerns

Dear Mr. Smyk,

I am writing in reply to your 12/12/20 email that you sent to me and Ms. Smyk. I will attempt to respond to the issues in the same order as they are listed within the same.

Illegal withdrawal of Petitioner's funds:
With regard to your unauthorized withdrawal of funds from Ms. Smyk's E*trade account please provide documentation evidencing the alleged permission you say she gave you to withdraw $82,800 from her E*trade account.

Child Support:
Please find attached chart for the missed child support payments, if it is incorrect please provide proof of the correct payments.

Spousal Support:
Please find attached chart for the missed Spousal support payments, if it is incorrect please provide proof of correct payments. The Judgment is very clear in that you are required to continue to pay spousal support.

Court ordered Equalizing Payment
Please find attached chart for the Equalizing payments chart, if it is incorrect please provide proof of the correct payments.

Division of Community Property Asset:
Please provide proof that you gave 50% of your E*trade IRA account ending 3053 and 50% your Fidelity IRA account ending 4454 to Ms. Smky as I do not see a QDRO on file with the court.

Further, I have not received confirmation from you that you received the Findings and Order After Hearing filed on 12/09/20 and emailed to you on 12/11/2020.

I look forward to hearing back from you regarding the above.

Very truly yours,

On Saturday, December 12, 2020, 10:47:50 PM PST, Andrei Smyk <andrei.smyk@outlook.com> wrote:

Yulia, please, read my comments in the body of your e-mail.

Andrei.

Sent from Mail for Windows 10

From: Julia HYPERLINK "mailto:juliamusic.smyk@gmail.com"& HYPERLINK "mailto:juliamusic.smyk@gmail.com"Evan Smyk
Sent: Thursday, December 10, 2020 11:16 PM
To: andrei.smyk@outlook.com; Andrei Smyk; Matthew Gonsalves
Subject: My concerns

Andrei I received your message, here are my concerns:

- You withdrew money from my Etrade account without my permission or court order. I have now received a tax bill for the same. Please return these funds immediately otherwise I will be forced to seek further legal action;
(Without your permission? I did not have the money to prepare the house for sale, so you gave me your permission.)

- You have not paid the court ordered child support;
(I was current at the end of August, yet you filed the case in September.)

- You have not paid the court ordered spousal support;
(I do not have to, I am unemployed.)

- You have not paid the court ordered equalizing payments;
(I was current at the end of August.)

- You have not divided the community property assets as required pursuant to our Judgment of Dissolution;
(Yes, I have.)

- Due to your actions I have incurred attorney's fees and costs in seeking court orders to gain your compliance;
(You will have to pay for your attorneys.)

- Furthermore, during our prior conversations you stated you were going to stop paying the court ordered financial support because of my "attitude", threatened me with legal action, recorded me without my knowledge or consent, and you called me "fucking bitch", "greedy" etc.
(I did not call you the “fucking bitch”, and I did not record you without your knowledge. I do not need your consent to record my own conversations.)

I do not wish to endure such abuse and ask that you contact my counsel if you wish to further discuss these matters.
(I will file my own case if you do not cooperate.)

Yulia.

Sorry, I was unable to attend.

Sincerely,

Sent from Mail for Windows 10

From: Matthew Gonsalves
Sent: Thursday, December 3, 2020 7:49 PM
To: Andrei Smyk
Subject: Re: IRMO SMYK

Dear Mr. Smyk,

The Hearing has started and we do not see you in the meeting room. We will be proceeding without you therefore.

Very truly yours,

On Wednesday, December 2, 2020, 08:03:27 PM PST, Andrei Smyk <andrei.smyk@outlook.com> wrote:

FYI:

Attached are the records of my transfer activity for this year. As you can see I have been making all of the payments to Yulia promptly until August. Also, you can see a transfer of $7,600 (highlighted), which we agreed does cover ALL of my missed payments for the prior year, which I could not make due to my lost of employment.

Thank you.

Andrei Smyk.

Sent from Mail for Windows 10

From: Andrei Smyk
Sent: Thursday, December 3, 2020 1:23 AM
To: Matthew Gonsalves; juliamusic.smyk@gmail.com
Cc: andrei.smyk67@gmail.com
Subject: RE: IRMO SMYK

P.S. Here are the ways to communicate with me:

Skype: live:andrei.smyk
Messanger on https://facebook.com/smyk.andrei
Cell: +7(977)411-7016 (I live in Moscow, Russia now. Please, be considered about the time difference when making a call)

Thank you.

Andrei Smyk.

Sent from Mail for Windows 10

From: Andrei Smyk
Sent: Thursday, December 3, 2020 1:11 AM
To: Matthew Gonsalves; juliamusic.smyk@gmail.com
Cc: andrei.smyk67@gmail.com
Subject: RE: IRMO SMYK

Yulia,

I have looked over the docs. My understanding is that this is about the money. You will loose the case, the same way as you have lost your attempt to hijack the proceeds from the sale of the house.

Please, forward your lawyer the final judgment from our divorce. All properties have been divided, and the house stayed with me. You have been receiving $1,000 per month until the total of $120,000 in price appreciation of the house, and our other assets is paid in full according to that agreement (which is on a monthly bases, and there will be no lump sum distributions to you).

I have kept my obligations, and I do have the proof. You are causing both of us to go through litigation headaches, and will gain nothing. You should be prepared to be responsible for any attorney's fees. I am warning you, that I may file the case of my own to compensate for my time and efforts to go through all of this for no reason.

Moreover, we have a merit for the case of parental alienation. You kept my son away from me while I was in Stockholm for the whole month. I still do not have his Watsapp number, and I have repeatedly asked you about it on Skype.

Your claim about $200,000 in Etrade account is ridiculous. Read your Etrade records. Please, stop making a monster out of me. You should consider yourself lucky. Your greed has blinded you. Please, turn on your brain.

Thank you.

Andrei Smyk.

P.S. By the way, I have been unemployed since April of 2019.

Sent from Mail for Windows 10

From: Matthew Gonsalves
Sent: Thursday, December 3, 2020 12:20 AM
To: Andrei Smyk
Cc: andrei.smyk67@gmail.com
Subject: Re: IRMO SMYK

Dear Mr. Smyk,

There is a hearing scheduled for 12/03/2020 at 8:30 PST in Department 515 of the Alameda County Courthouse. The instructions for the remote appearance are in the emails forwarded to you.

Very truly yours,

Список читателей

Другие статьи в литературном дневнике:

09.04.2022. From Julia With Lie
04.04.2022. e-mails with Petitioner s attorney
02.04.2022. America Is Dead Long Live The United States!
01.04.2022. Здесь копии сообщений в которых заменены имена адр

Полный список статей

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