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HomeMy WebLinkAbout09-0708V . JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DIANA L. PESLIS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ATHANASIOS PESLIS, Defendant :No 41- 70' CIVIL ACTION - AT LAW DIVORCE 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 at the Cumberland Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 17013-3308 (717) 249-3166 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DIANA L. PESLIS, Plaintiff vs. ATHANASIOS PESLIS, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No c 4 - y CIVIL ACTION - AT LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Diana L. Peslis, by and through'her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. Plaintiff, Diana L. Peslis, is an adult individual currently residing' at 707 S. Broad Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Athanasios Peslis, is an adult individual currently residing at 707 S. Broad Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 26, 1981 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 1 COUNT I - DIVORCE 6. Plaintiff avers that the grounds on which this divorce action is based are: a. The marriage is irretrievably broken; b. Defendant offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. There are four children from this marriage, namely Daniel Elias Peslis, born July 13, 1982, George A. Peslis, born July 8, 1983, Natane D. Peslis, born July 8, 1983, and Nicholas C. Peslis, born March 23, 1986. 11. This action is not collusive. COUNT II - EQUITABLE DISTRIBUTION 12. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Settlement Agreement might be 2 entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, and insurance policies acquired during their marriage, which are subject to equitable distribution by this court. COUNT III - ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs; 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiff s income is not sufficient to provide for her reasonable needs and pay her attorney's fees and costs of this litigation. 18. Defendant has adequate earnings to provide for Plaintiff's support and to pay her counsel fees, costs and expenses. 3 COUNT III - ALIMONY 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to sufficiently support herself through appropriate employment. 21. Defendant has sufficient income and assets to provide continuing support for Plaintiff after the entry of a Decree in Divorce. Date WHEREFORE, Plaintiff, Diana L. Peslis, requests this Honorable Court: 1) Enter a Decree in Divorce; 2) Equitably distribute all property, both personal and real, owned by the parties; 3) Compel Husband to pay alimony pendente lite to Plaintiff; 4) Compel Husband to pay post-divorce alimony to Plaintiff; 5) Grant Plaintiff's attorney's fees and costs; 6) Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: By: JE?QNNV B. COSTOP ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ?Itl ATTORNEY FOR PLAIN ITIFF VERIFICATION I, Diana L. Peslis, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. r7 , Date: ?? ?Q/ -?J 4J ?? ? ? ? ? ? ? .Q ? o \? w ?; a ? ? r i .? '?? .,? " r7 ? *'? n ?_ „ cv - T P i? _ ? -J: _, - ?? ? _ ? ?? ; ?, ?: ?? ?, ..? JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DIANA L. PESLIS, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :No 09- '76 F Ctv,a- ATHANASIOS PESLIS, CIVIL ACTION - AT LAW Defendant DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF Plaintiff, Diana L. Peslis, by and through her attorney, Jeannd' B. Costopoulos, Esquire, avers the following: 1. Plaintiff, Diana L. Peslis, is an adult individual currently residing at 707 S. Broad Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Athanasios Peslis, is an adult individual currently residing at 707 S. Broad Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Wife has filed a Complaint in Divorce simultaneously with this Petition for Special Relief. COUNT I - PETITION FOR EXCLUSIVE POSS SSION OF THE MARITAL RESIDENCE 4. During their marriage, the parties acquired a home and property located at 707 S. Broad Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 5. It is appropriate that Wife be granted exclusive possession of the marital residence for the following reasons: 1 a. The parties have had separate bedrooms since November of 2008 due to Husband's roughness, meanness, and inappropriate behavior regarding his demands for sexual relations. b. Husband intimidates Wife in that he yells at her and uses foul language almost every time they talk. Husband often brings up Wife's actions from between 8 to 24 years ago as somehow now justifying Husband's current unacceptable behavior towards Wife, the parties' children, and Wife's family. c. Husband refuses to include Wife in anything financial and controls the household finances. Last week, Husband settled the parties' flood insurance claim but did not involve Wife in any details. To date, Wife has no idea how much was received by Husband. Wife did not sign any paperwork and is concerned about the claim could be settled without her participation. d. Husband's mood swings are unpredictable and he can enter into a fit of rage for no apparent reason. During such fits, he curses and screams and is extremely intimidating to all in his presence. e. Husband inappropriately taps into Wife's emails and goes through her personal things. Wife is unable to have any privacy of any kind while., residing with Husband. f. Husband continuously maligns Wife's family and makes insulting remarks regarding everyone close to Wife. g. The parties' 25 year old daughter, Natane Peslis, continues to reside in the marital residence. Husband constantly berates Natane and repeatedly calls her a slut and a 2 whore and puts her down generally as a person. Husband has inappropriately gone into Natane's emails and shared the information found there with third parties. Husband has thrown Natane's clothes out of the washer and dryer while alleging that he doesn't want to use the appliances after her clothes have been in them since she is a slut and a whore. h. Husband was a Green Beret with the Army Special Forces and he is currently a corrections officer for Camp Hill S.C.I. Wife is concerned about Husband's background when coupled with his anger control problem. Examples include that Husband often engages in severe road rage to the extent that, on some occasions he has chased people down and pulled them out of their cars, swearing at and intimidating them. He has repeatedly bragged that he can snap a person's neck and has threatened to snap the neck of his daughter's boyfriend on several occasions. i. If Husband comes home at all, which he often does not, he slips in after everyone is in bed, causing the parties' four (4) dogs to bark and waking up Wife and Natane. j. Last year, Husband disowned the parties' son, George, after he was married outside of the Greek Orthodox Church. k. Last week, Husband screamed at Jessica, the wife of the parties' son Daniel, regarding her choice of name for her baby. He cursed and swore and celled her names. 1. Since Husband often sleeps outside of the marital residence and he makes substantially more money than Wife, he has a greater ability than Wife to reside in a separate residence. 3 COUNT II - PETITION TO PREVENT THE CONCEALMENT, WASTE. AND DISSIPATION OF MARITAL ASSETS 6. Husband and Wife are owners of certain assets, which, although marital, are titled in the name of Husband individually. 7. Wife believes Husband may remove, sell, or otherwise dissipate, alienate or encumber the various contents of the marital residence. 8. Husband will soon be eligible for retirement and Wife believes Husband may cash in and dissipate his contributions if not prevented by a court order from doing so. 9. Wife believes Husband may otherwise dissipate, alienate or encumber the marital property of the parties. 10. It is believed and averred that the actions of Husband if he were to dissipate marital assets would be contrary to the interests of Wife and in violation of the obligations owed by Husband to Wife under the Divorce Code. 11. The selling, transferring, disposing, encumbering, concealing, removing or alienating funds and assets would defeat Wife's right to equitable distribution of the marital estate. 12. Section 332 3(f) of the Divorce Code provides in relevant part: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party... 13. Section 3505(a) of the Divorce Code provides: Where it appears to the court that a party is about to ... dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may be attached as prescribed by general rules. 14. Pennsylvania Rule of Civil Procedure 1920.43(a) provides: At any time 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, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief.. 15. While Rule 1531 provides for the filing of security, exceptions to this requirement exist in the area of family law. See Wenz v. Wenz, 400 Pa. 397, 162 A.2d 376 (1960). Therefore, Wife requests that she not be required to file security. 16. Undersigned counsel has mailed a copy of this Petition to Defendant, but she has not contacted him regarding his position. It is anticipated that Defendant is opposed to the relief requested herein. WHEREFORE, Wife respectfully requests this Honorable Court to grant her exclusive possession of the marital residence pending final resolution of all economic claims between the 5 parties. Wife further requests that an injunction issue preliminarily until hearing and finally thereafter, enjoining Husband from disposing, transferring, encumbering, concealing, selling, removing, or alienating any marital property absent written agreement between the parties. Respectfully Submitted: By: JE TOPO, L ;ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 / Date: ATTORNEY FOR PLAINTIFF l ? VERIFICATION I, Diana L. Peslis, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: " Diana L. Peslis i C? ",' ?•- ? ??> v.7 ?i? ?:,,f (? ? ""? t ? + ?1 it1 _- ? _. 1+?._. ....? ?'? • • -q --- -{ DIANA L. PESLIS, Plaintiff VS. ATHANASIOS PESLIS, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 09-708 CIVIL ACTION - AT LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Complaint in Divorce filed February 10, 2009, was served upon the Defendant indicated above on February 11, 2009, by first class, Certified Mail No. 7005 0390 0002 6255 6882, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. By: H t B. COSTOPOULOS, UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: L l /611 0 • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. WIMM your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. ArWe Addressed to: ?*tw-los (itaifs 5-, g('oo.d S?r A. Received by (Pbese PrW ) B. Date of D*my TK?iVi4S1o ?-st?o9 C. SRLAI- X ?Awt ?' ? Ad s. D. Is delivery address Hom item 1? ? Yes If YES, enter deNvery address below: ? No 3. S"n Type LPICOrtifled Mail ? Express Mail ? Registered ? Return Receipt for Mwdwx#@* ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exfia Fee) LAC 2. 1 EwewW"w rTra?•o???rii 7nn5 0390 0x02 6255 6882 P8 Form 3611, Mwch 2W1 Domsstlr Rseun Rsoslpt 1o2erso1_W1424 C?? .. ,..,, } t ,' z ? ? ?? FE8 1 ? 20 9,67 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DIANA L. PESLIS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ATHANASIOS PESLIS, Defendant No 01- 7d Y CIVIL ACTION - AT LAW DIVORCE ORDER OF COURT AND NOW this 3 ? day of F-? •, , 2009, a Rule is hereby issued on Defendant to show cause why Plaintiff's Emergency Petition for Special Relief should not be granted. Rule returnable ?.s days from service. BY THE COURT: Distrib tion: anne B. Costopoulos, Esq., 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 Phon : 717-221-0900 Fax: 717-790-6019 Email: jbclegal@gmail.com anasios Peslis, 707 S. Broad Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055 o? 0 0* h Wd E 1 933 6002 :,'Hi JO JONES & HENNINGER, P.C. BY: PETER R. HENNINGER, JR., ESQUIRE I.D. # 44873 339 West Governor Road Suite 201 Hershey, Pa 17033 (717) 533.7113 DIANA L. PESLIS, Plaintiff V. ANTHANASIOS PESLIS, Defendant ATTORNEY FOR DEFENDANT, ANTHANASIOS PESLIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-708 CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes the Defendant, your Respondent, Anthanasios Peslis, by and through his attorneys, Jones & Henninger, P.C. and answers Plaintiff's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. I COUNT I - PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE 4. Admitted. 5. Denied. Husband specifically denies that Wife should be granted exclusive possession of the marital residence for the following reasons: a. Admitted in part, denied in part. Although it is admitted that the parties have had separate bedrooms since approximately November of 2008, Husband specifically denies that it is due to roughness, meanness, or inappropriate behavior regarding his demands for sexual relations. By way of further answer, Husband avers that the parties use of separate bedrooms is purely that of Wife's desire upon her return from two (2) months away at school, and is in no way related to any actions of Husband. b. Husband specifically denies that he intimidates Wife in that he yells at her and uses foul language almost every time they talk. Husband also specifically denies that he often brings up Wife's actions from between 8 to 24 years ago somehow now justifying Husband's alleged current unacceptable behavior towards Wife, the parties' children, and Wife's family. Any discussion regarding Wife's past adulterous behavior is occasioned in defending himself against her accusations. C. Husband specifically denies that he refuses to include Wife in anything financial and controls the household finances. By way of further answer, Husband avers that although he and Wife each have separate bank accounts, Husband's separate bank account is linked to joint accounts, all of which Wife has easy access to. Wife has chosen not to be involved in any way, shape or form with regards to the parties' finances during the term of the marriage. Husband admits that he settled the parties' flood insurance claim and denies that he did not involve Wife in any details and denies that Wife has no knowledge as to how much was received by the parties as a result of flood insurance claim. To the extent that Wife doesn't know what has occurred, it is solely as a result of Wife's lack of desire to be involved in the process. 2 Husband admits that Wife did not sign any paperwork and Husband is without knowledge or information sufficient to form a belief as to the truth of the averment that Wife is concerned how the claim could have been settled without her participation. Proof to the contrary is demanded. d. Husband specifically denies any mood swings and thus specifically denies that any mood swings are unpredictable and that he enters into a fit of rage for no apparent reason. Husband specifically denies any fits, any cursing or screaming and intimidation to everyone in his presence and proof to the contrary is demanded. By way of further answer, Husband avers that as conflicts arise, he will be leave the premises in order to avoid such conflicts. e. Husband specifically denies that he taps into Wife's emails inappropriately or otherwise and goes through her personal things. If Wife is concerned about anyone accessing her emails, Husband avers that Wife is easily capable of password protecting her emails. Husband specifically denies that Wife is unable to have any privacy of any kind while residing with Husband. By way of further answer, Husband avers that Wife, on her own accord, removed herself from the parties' master bedroom and that he in no way fails to respect any privacy that Wife alleges. f. Husband specifically denies that he continuously maligns Wife's family and makes insulting remarks regarding everyone close to Wife. g. Admitted in part, denied in part. It is admitted to that the parties' 25-year-old daughter, Natane Peslis, continues to reside in the marital residence. Husband specifically denies that he constantly berates Natane Peslis and repeatedly calls her a slut and whore and puts her down generally as a person. Husband specifically denies that he has inappropriately or otherwise gone into Natane's emails and shared the information found there with third parties. Husband specifically denies that he has thrown Natane's clothes out of the washer and dryer while alleging that he doesn't want to use the appliances after her clothes have been in them since she is a slut and a whore. By way of further answer, Husband avers that he and Natane agreed that if she 3 continued her relationship with her boyfriend, that she would not use the house as the parties washer and dryer. h. Admitted in part and denied in part. Husband admits that he was a Green Beret with the Army Special Forces and that he is currently a corrections officer for Camp Hill S.C.I. Husband is without knowledge or information sufficient to form a belief as to Wife's averment that she is concerned about Husband's background when coupled with his alleged anger control problems which anger control problems are specifically denied. Husband specifically denies that he often engages in severe road rage to the extent that on some occasions he has chased people down and pulled them out of their cars, swearing at and intimidating them. Husband also specifically denies that he has repeatedly or at any time, bragged that he can snap a person's neck and has threatened to snap the neck of his daughter's boyfriend on several occasions. L Husband specifically denies that when he comes home that he slips in after everyone is in bed, causing the parties' four (4) dogs to bark and waking up Wife and Natane. By way of further answer, Husband avers that the only time he has really failed to come home at all was over the weekend of February 13, 2009, which weekend began the day after he had been served with the divorce complaint and this Petition for Special Relief and that Husband decided to go away that weekend in order to clear his head. j. Husband specifically denies that he has disowned the parties' son, George, after he was married outside of the Greek Orthodox Church. Proof to the contrary is demanded. k. Husband specifically denies that last week he screamed at Jessica, the wife of the parties' son Daniel, regarding her choice of name for her baby. Husband specifically denies that he cursed and swore and called her names. Proof to the contrary is denied. 1. Husband specifically denies that he often sleeps outside of the marital residence, that he makes substantially more money than Wife, and that he has a greater ability than Wife to reside in a separate residence. By way of further answer, Husband avers that other than the weekend of February 13, 2009, that he has only on very rare 4 occasion, slept outside of the marital residence. Furthermore, Husband avers that he does not make substantially more money than Wife and that if he makes more money than Wife, it is only because Wife has unilaterally chosen only to work only two to three days per week as a registered nurse which, on her very limited working schedule, still allows her to provide in excess of $1,800.00 per month in funds towards the household expenses. Furthermore, Husband avers that it is Wife that has more than sufficient ability to reside in a separate residence if she would so choose. COUNT II - PETITION TO PREVENT THE CONCEALMENT, WASTE, AND DISSIPATION OF MARITAL ASSETS 6. Admitted in part and denied in part. Husband admits that he and Wife are owners of certain assets. Husband specifically denies that there are any marital assets titled in the name of Husband individually other than Husband's two cars and a motorcycle. Furthermore, Wife has a car titled in her name alone. By way of further answer, Husband admits there is an account at the credit union that has Husband's name alone on it but that account is linked to account(s) in joint names and that Wife has access to said accounts and information regarding accounts and has the ability to transfer monies between the accounts and to write checks on all accounts held by the parties. Furthermore, Husband avers that these accounts are minimal in value due to the fact that the parties' monthly expenses are basically equal to Husband's monthly income combined with Wife's contribution from her income to the household expenses of the parties. Furthermore, Wife maintains a separate account in her sole name at Belco, a different credit union, that Husband has no access to. 5 7. Denied. Husband specifically denies that he has any plans to remove, sell, or otherwise dissipate, alienate or encumber the various contents of the marital residence, and that Wife's averment is completely without any merit or evidence and proof to the contrary is demanded. 8. Admitted in part and denied in part. Although it is admitted that Husband would soon be eligible for retirement, Husband specifically denies that he has any intention of retiring when he is able due to the fact that the parties have failed to accumulate any real assets other than some equity in the marital home which Husband has no way of accessing without the consent of Wife. Furthermore, Husband specifically denies that he has any plans to cash in or dissipate his contributions to his pension plan whether prevented by a court order or not. If it would make Wife happy, and provide her with any confidence, Husband would be willing to agree to the entry of an order where he would agree not to dissipate his contributions to his pension plan during the pendency of the divorce litigation. 9. Husband specifically denies that he will dissipate, alienate or encumber any of the marital property of the parties, and specifically avers that he has no intentions to dissipate, alienate or encumber the marital property of the parties, and that he has never in the past dissipated, alienated, encumbered nor threatened to dissipate, alienate, or encumber the marital property of the parties without consent of Wife and proof to the contrary is demanded. 10. Denied. Husband specifically denies that he has any intention, nor has he ever expressed any intention to dissipate marital assets contrary to the interest of the Wife or anyone else and denies that any action he has taken is in violation of any obligations owed by Husband to Wife or vice versa, under the Divorce Code and proof to the contrary is demanded. 6 11. Denied. Husband specifically denies that he has any plans nor has he ever avered any plans to sell, transfer, dispose, encumber, conceal, remove or alienate funds and assets subject to equitable distribution and proof to the contrary is demanded. 12. The averments in paragraph 12 of Wife's petition state a conclusion of law to which no response is required. To the extent a response is required, your Husband avers that Section 3323 (f) of the Divorce Code speaks for itself. 13. The averments in paragraph 13 of Wife's petition state a conclusion of law to which no response is required. To the extent a response is required, Husband avers that Section 3505 (a) of the Divorce Code speaks for itself. 14. The averments in paragraph 14 of Wife's petition state a conclusion of law to which no response is required. To the extent a response is required, Husband avers that Pennsylvania Rule of Civil Procedure 1920.43(a) speaks for itself. 15. The averments in paragraph 15 of Wife's petition state a conclusion of law to which no response is required. To the extent a response is required, Husband avers that Rule 1531 speaks for itself, as does the case of Wenz v. Wenz. To the extent a response is required, Husband avers that if the Court were to order the freezing of all marital assets, that Wife be required to file security since the freezing of any assets would put the parties in a position of being unable to pay the ongoing and existing debts of the marriage. 16. Admitted. WHEREFORE, Husband respectfully requests this Honorable Court deny Wife's request to grand her exclusive possession of the marital residence pending final resolution of all economic claims between the parties. Husband further requests that Wife's request that an 7 injunction issue preliminarily until hearing and finally thereafter, enjoining Husband from disposing, transferring, encumbering, concealing, selling, removing, or alienating any marital property absent written agreement between the parties be dismissed. Furthermore, Husband hereby requests that he be granted exclusive possession of marital residence pending final resolution of all economic claims between the parties. Respectfully submitted, JONES & HENNINGER, P.C. By: Peter R. Henninger, Jr., Esquire #44873 339 West Governor Rd., Ste. 201 Hershey PA 17033 (717) 533-7113 peter@jones-henninger. com 8 VERIFICATION I, Anthanasios Peslis, verify that the statements made in the foregoing Defendant's Answer to Plaintiff's Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: d?92-1-0-f 8 I'VUL11alldOLUb K-UML3 CERTIFICATE OF SERVICE A copy of the foregoing Answer to Plaintiffs Petition for Special Relief has been served by sending a copy to the attorney of record to: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg PA 17055 By depositing same in the United States mail, postage prepaid, in Hershey, Pennsylvania, this 3 a day of &u,cck '2009. Jones & Henninger, P.C. Attorneys for Defendant By: 14 Peter R. He inger, Jr., Esquire I.D.# 44873 339 West Governor Road Suite 201 Hershey, PA 17033-2086 (717) 533-7113 peter@.iones-henninger.com ? ?' r c a r:; .?" .? ` ;,. , ? I ? } ?^ .. •.w, r' JAN 2 _1 2010 DIANA L. PESLIS, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 09-708 Civil Term ATHANASIOS PESLIS, :CIVIL ACTION - AT LAW Defendant :DIVORCE ORDER OF COURT AND NOW, TO WIT, this zs day of C]u....ti , 20 jO , it is hereby ORDERED AND DECREED that the attached Stipulation is adopted it its entirety and incorporated herein as an Order of Court. Distribution to: eanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA, 17055 Peter R. Henninger, Jr., Esquire, 339 W. Governor Road, Suite 201, Hershey, PA 17033 Ca w ~.:, S~ ~, t,.. ~ .~ ~T~i ~ ~~ ~ l i a. . ~ ~ ' ~1 `-^i f _ U • ~l __ r - `- ~r._. ! - -- • ...- ~ r"t ...J ,,,,~ N •.~'" BY THE COURT: JONES HENNINGER, P.C. BY. PEER R. HENNINGER, JR., ESQUIRE I. # 44 D. 73 339 We t Governor Road Suite 20 Hershey, Pa 17033 (717) 5B-7113 DIANA L. PESLIS, Plaintiff V. ANTHANASIOS PESLIS, Defendant ATTORNEY FOR DEFENDANT, ; ANTHANASIOS PESLIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-708 : CIVIL ACTION - AT LAW DIVORCE JOINT PETITION FOR BIFURCATION AND NOW, come the Plaintiff, Diana L. Peslis, by and through her attorney, Jeanne B. Costopbulos, Esquire, and Defendant, Anthanasios Peslis, by and through his attorney, Peter Rf Henninger, Jr., Esquire, and respectfully request this Honorable Court to bifurcate the above action and, in support thereof, aver as follows: One of your Petitioners is the Plaintiff in the above Divorce action, Diana L. Peslis, who currently resides at 707 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your other Petitioner is the Defendant, Anthanasios Peslis, an adult individual, with the current mailing address of P.O. Box 872, Mechanicsburg, Cumberland County,l Pennsylvania. In the underlying Complaint for Divorce filed February 10, 2009, the Plaintiff averred that the marriage was irretrievably broken. Both parties are prepared to file Affidavits of Consent and Waivers of Notice in order to proceed with the finalization of this Divorce, provided the Court grants this joint Petition for Bifurcation. 4• In the underlying Complaint for Divorce, Your Plaintiff also included ancillary claims for Equitable Distribution, Alimony Pendente Lite, Attorneys' Fees, Costs, and Al Both of your Petitioners have agreed and therefore aver that all ancillary claims are preserved by the pleadings and that no prejudice will occur if the divorce is granted prior to the adjudication of Petitioner's ancillary claims. Your Petitioners, the Plaintiff and Defendant herein, have been separated since at, least February 10, 2009. 7. Pursuant to the Divorce Code, 23 PA. C.S. §3101 et. seq., this Honorable Court is empowered to grant a Divorce and to reserve jurisdiction over the remaining ancillary issues. EREFORE your Petitioners, Diana L. Peslis, by and through her attorney, Jeanne B. Costopoulos, Esquire, and Athanasios Peslis, by and through his attorney, Peter R. Henninger, Jr., Esquire, respectfully pray this Honorable Court to: a. Order bifurcation in the Divorce Action; and b. Reserve jurisdiction over the remaining ancillary issues. Respectfully submitted, Date: Law Offices of Jeanne B. Costopoulos, Esquire By: Jeanne B. Costopoulos, Esquire Attorney ID# 68735 Counsel for Plaintiff/Petitioner 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Da AND Jones & Henninger, P.C. By: Peter R. Henninger, Jr., Esquire Attorney ID# 44873 Counsel for Defendant/Petitioner 339 West Governor Rd., Ste. 201 Hershey, PA 17033 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-708 V. rn - rn V r- ATHANASIOS PESLIS, CIVIL ACTION - AT LAW P" Defendant a, 3- DIVORCE rt --, o rv C-) Zit .. C) c? h ,. ORDER OF COURT AND NOW, this Z R' day of M 1 2011, upon consideration of the attached joint Petition for Bifurcation, it is hereby ORDERED and DECREED that the Divorce action filed by DIANA L. PESLIS, against ATHANASIOS PESLIS, is hereby bifurcated and the parties may proceed to finalize the Divorce. This Court retains jurisdiction of any claims raised by the parties to this action for which a final Order has not yet been entered including, but not limited to, ancillary economic claims raised by either party. 0;,,A) OOP ip )11 41-40 BY THE COURT: DISTRIBUTION: Jeanne B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055 ,/ Peter R. Henninger, Jr., Esquire, 339 West Governor Rd., Ste. 201, Hershey, PA 17033 'JJ I OCT 27 Pty C t? CUMBERLAND DIANA L. PESLIS, 0ENNSYL%/Ni1 : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-708 V. ANTHANASIOS PESLIS, CIVIL ACTION - AT LAW Defendant DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 10, 2009. 9 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA L. PESLIS V. : ANTHANASIOS PESLIS NO. 09-708 DIVORCE DECREE AND NOW, Afvw*,.,, 6ti. 16 7-611 , it is ordered and decreed that DIANA L. PESLIS plaintiff, and ANTHANASIOS PESLIS bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Equitable Distribution, Alimony Pendente Lite, Attorneys Fees, Costs, and Alimony By the Court, CO v q.Cc°c/ "'ea / t llewnl;-Yer DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 -IN DIVORCE. MOTION TO COMPEL DISCOVERY PURSUANT TO Pa. R.C.P. 4019 AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: Q> 1. The Honorable Kevin A. Hess has previously been involved with tha al vex i captioned matter. CD 2. The Movant is Diana L. Peslis,Plaintiff. Z CD Z-9 3. The Respondent is Anthanasios Peslis,Defendant. ` y='` 4. The Movant filed a divorce complaint on February 10,2009 requesting equitable 'distribution, alimony, alimony pendento lite, and attorney fees/costs. 5. Said divorce action was bifurcated by Order entered April 28, 2011;the Court retained jurisdiction of the above claims. b. A divorce decree was entered on November 16, 2011 which notes that the above claims were preserved. 7. Movant forwarded discovery requests including interrogatories (attached as "Exhibit A") and document requests (attached as"Exhibit B")to Respondent's counsel on March 25, 2013; said requests were made pursuant to Pa.R.C.P. 4009.11. 8. Movant has received no response to said discovery requests to date. 9. Pursuant to Pa.R.C.P. 4019 this Honorable Court has the authority to order compliance with discovery and to award counsel fees. 1.0. Counsel for the Respondent, Peter R. Henninger, Jr., was forwarded a draft of the within motion on April 29, 2013 and responded that he believed responses would be forthcoming by May 10, 2013; no responses have been received by the Movant to date. WHEREFORE, the Movant request the Respondent to be directed to respond to discovery requests and to pay her counsel fees incurred with regard to the preparation and litigation of the within motion. Respectfully submitted, BAYLEY &MANGAN Mark F. Bayley, Esquire Bayley&Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. it 87663 DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esquire DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 � l 111—S Dated: l Mark F. Bayley, Esq re rNu 2 13WA 23 AM 11* o (.,UMBER S�11wV N 1 .f PENN DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 RULE TO SHOW CAUSE AND NOW, this Z?` day of �.,tom, , 2013, a Rule is hereby entered upon the Defendant to show cause why, if any,the relief requested in Plaintiff's Motion to Compel Discovery Pursuant to Pa.R.C.P. 4019 should not be granted. Said Rule shall be returnable — Rr-gai t fie;tho ou e. BY THE COURT: Hon. in A. Hess cc: ark F. Bayley,Y, Peter R. Henninger, Jr., Esquire DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C-) .., p vs. CIVIL ACTION - LAW `"' .� C= r*ti ww ANTHANASIOS PESLIS, N) -urn Defendant NO. 2009-708 - IN DIVORCE r-a r� : e'-n MOTION TO MAKE RULE ABSOLUTE >C-- uj Q ? AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley,and n� -< support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is involved with the above captioned matter. 2. The Movant is the Plaintiff. 3. The Respondent is the Defendant. 4. Plaintiff forwarded standard discovery requests including interrogatories and document requests to Defendant's counsel on March 25, 2013; said requests were made pursuant to Pa.R.C.P. 4009.11. 5. In late April 2013 having not received responses, Plaintiff s counsel put the Defendant on notice that he intended to file a motion to compel and request attorney fees for the effort. 6. On April 29, 2013 the Defendant's counsel responded that he believed responses would be forthcoming by May 10, 2013. 7. After waiting and receiving no responses the Plaintiff filed a motion to compel discovery on May 21, 2013; said motion requested that the Defendant be directed to respond to discovery requests and to pay counsel fees incurred with the motion. 8. By Order entered May 23, 2013 the Honorable Kevin A. Hess issued a Rule upon the Defendant to show cause why the Plaintiff s motion should not be granted; the Rule was set to be returnable 20 days after service. 9. Approximately one month has elapsed since said Rule was issued without any response and/or communication whatsoever from the Defendant. 10. The Defendant has not exercised due diligence with regard Plaintiff's standard discovery requests which has unnecessary cost Plaintiff counsel fees with regard to enforcement. 11. To date,the Plaintiff has expended $429.00 in counsel fees directly related to her motion to compel discovery. See invoice attached as"Exhibit A." 12. Based upon the circumstances, it would be reasonable for the Court to order the Defendant to reimburse Plaintiff for this sum under authority of Pa.R.C.P. 4019. WHEREFORE, the Plaintiff requests that the Court's Rule be made absolute and that an order be entered awarding Plaintiff attorney fees in the amount of$429.00 and directing the Defendant to respond to Plaintiff's discovery requests by a date certain or otherwise be subject to additional sanctions. Respectfully submitted, BAYLEY & GAN Mark F. Bayley, EWquire Bayley&Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. #87663 DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANTHANASIOS PESLIS, : Defendant NO. 2009-708 - IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: _ 1 l Mark F. Bayley, Esquire BAYLEY &MANGAN 17 West South Street Carlisle, PA 17013 (717) 241-2446 INVOICE: Diana Peslis vs. Anthanasios Peslis—Divorce—2009-708 - Services rendered in relation to enforcement of discovery requests 4-26-3 Draft-motion .8 5-21-13 Review memo; finalize motion, file; letter .6 5-24-13 Review order; scheduling;memo .15 6-20-13 Review memo; draft motion .8 6=21-13 Finalize motion, file; letter .25 Total Hours: 2.6 .@$165/Hour: $429.00 Total Current Balance: $429.00 EXHIBIT DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 - IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 2 Mark F. Bayley,Y, DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 2009-708 CIVIL ANTHANASIOS PESLIS, Defendant : IN DIVORCE IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER AND NOW,this 2 r day of June, 2013,the rule to show cause issued by order entered May 23, 2013, is made absolute. The defendant is ordered and directed to provide responses to the plaintiff's document requests and interrogatories on or before July 15, 2013, or shall otherwise be subject to sanctions which will include an order for the payment of counsel fees. BY THE COURT, 17• 4 Kevi, A. Hess, P. J. X;ark F. Bayley, Esquire For the Plaintiff ./Peter R. Henninger, Jr., Esquire For the Defendant :rim O (ES? Pt'1t i C 'a r; 10 f arth 3 U)r- N ; -a! CO • " DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSAIA rrl 0.7 - vs. CIVIL ACTION - LAW CD ANTHANASIOS PESLIS, Defendant NO. 2009-708 - IN DIVORCE C:) MOTION FOR A FINDING OF CONTEMPT ` ' ' P AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is involved with the above captioned matter. 2. The Movant is the Plaintiff. 3. The Respondent is the Defendant. . 4. Plaintiff forwarded standard discovery requests including interrogatories and . document requests to Defendant's counsel on March 25, 2013; said requests were made pursuant to Pa.R.C.P. 4009.11. 5. In late April 2013 having not received responses, Plaintiff's counsel put the Defendant on notice that he intended to file a motion to compel and request attorney fees for the effort. 6. On April 29, 2013 the Defendant's counsel responded that he believed responses would be forthcoming by May 10, 2013. 7. After waiting and receiving no responses the Plaintiff filed a motion to compel discovery on May 21, 2013; said motion requested that the Defendant be directed to respond to discovery requests and to pay counsel fees incurred with the motion. 8. By Order entered May 23, 2013 the Honorable Kevin A. Hess issued a Rule upon the Defendant to show cause why the Plaintiff s motion should not be granted; the Rule was set to be returnable 20 days after service. 9. After not receiving or hearing anything from the Defendant, Plaintiff filed her Motion to Make Rule Absolute on June 21, 2013 and requested counsel fees directly related to her motion to compel discovery which, at the time, totaled $429.00. 10. The Court subsequently entered an order on June 27, 2013 which made the Rule absolute and stated as follows: "The defendant is ordered and directed to provide responses to the plaintiff s document requests and interrogatories on or before July 15, 2013, or shall otherwise be subject to sanctions which will include an order for the payment of counsel fees." 11. The Plaintiff has not heard or seen anything from the Defendant to date. 12. The Plaintiff s counsel fees directly related to her motion to compel discovery now total $577.50. See invoice attached as "Exhibit A." 13. The Defendant has not exercised due diligence with regard Plaintiff s standard discovery requests which has unnecessary cost Plaintiff counsel fees with regard to enforcement and has now willfully disobeyed the Court's directive. 14. An adjudication of contempt and award of attorney fees in the amount of$577.50 is appropriate. 15. Further relief and/or sanctions are necessary to compel discovery. WHEREFORE, the Plaintiff requests that the Defendant be adjudicated in contempt of the Court's order entered June 27, 2013, that attorney fees in the amount of$577.50 be. awarded to Plaintiff, and that further appropriate relief and/or sanctions be ordered for the purpose of compelling discovery responses. Respectfully submitted, BAYLEY & AN Mark F. Bayley, Esqui Bayley&Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 - IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, "based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. Mark F. Bayley, Esquire BAYLEY &MANGAN 17 West South Street Carlisle, PA 17013 (717) 241-2446 INVOICE: Diana Peslis vs. Anthanasios Peslis—Divorce—2009-708 Services rendered in relation to enforcement of discovery requests 4-26-13 Draft motion .8 5-21-13 Review memo; finalize motion, file; letter .6 5-24-13 Review order; scheduling;memo .15 6-20-13 Review memo; draft motion .8 6-21-13 Finalize motion, file; letter .25 6-28-13 Review order; scheduling;memo .1 747-13 Review memo; draft motion, letter; file .8 Total Hours: 3.5 @$165/Hour: $577.50 Total Current Balance: $577.50 EXHIBIT �a DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 - IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 Mark F. Bayley, Esquire DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 2009-708 CIVIL ANTHANASIOS PESLIS, Defendant IN DIVORCE IN RE: MOTION FOR FINDING OF CONTEMPT ORDER AND NOW,this day of July, 2013, a rule is issued on the defendant to show cause why discovery sanctions, including contempt, ought not to be imposed. Argument on the matter of sanctions is set for Thursday, August 8, 2013, at 9:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle,PA. BY THE COURT, Kevin Hess, P. J. /Mark F. Bayley,Esquire For the Plaintiff 2 Ater R. Henninger, Jr., Esquire For the Defendant :rhn -i CD No- DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 2009-708 CIVIL ANTHANASIOS PESLIS, IN DIVORCE Defendant IN RE: MOTION FOR FINDING OF CONTEMPT ORDER OF COURT AND NOW, this 8th day of August, 2013, it appearing that the defendant has complied with our previous order, albeit belatedly, the within motion for finding of contempt is dismissed. It is ordered and directed that the defendant pay to the plaintiff on account of counsel fees in the amount of $577 . 50 . Said payment to be made within ten days . By the Court, I- J�L Kevin . J. c,"-'Mark F. Bayley, Esquire Fob the Plaintiff Peter R. Henninger, Jr. , Esquire For the Defendant :bg M t Cn1 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS �, _ Plaintiff : CUMBERLAND COUNTY, PENNSYtkVAIA...V.; ma) vs. : CIVIL ACTION- LAW c-, _ ? ?~ ANTHANASIOS PESLIS, : " " -= Defendant : NO. 2009-708—IN DIVORCE c PETITION FOR SPECIAL RELIEF `' r`' : AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess has previously been involved with the above captioned matter. 2. The Petitioner is Diana L. Peslis (hereafter"Wife"). 3. The Respondent is Anthanasios Peslis (hereafter"Husband"). 4. The parties were married on July 26, 1981 and separated on February 9, 2009. 5. Wife filed a divorce complaint on February 10, 2009 requesting equitable distribution, alimony, alimony pendente lite, and attorney fees/costs. 6. The divorce action was bifurcated by Order entered April 28, 2011; the Court retained jurisdiction of the above claims. 7. A divorce decree was entered on November 16, 2011 which notes that the above claims were preserved. 8. Husband subsequently remarried. 9. Husband was employed by the Commonwealth from approximately 1986 until he retired on April 4, 2010 and has an account with the State Employees' Retirement System (SERS). 10. Approximately 95% of the benefits associated with the SERS account are marital. 11. On or around July 26, 2012 Husband filed documentation with SERS electing his primary death beneficiary as his new spouse, Megan L. Peslis, and his contingent beneficiaries as Spyridon A. Peslis, Kalliope M. Peslis, Sphia D. Peslis, Athena S. Peslis, and Anthasios C. Peslis (see copy of election form attached as"Exhibit A") (70% of his contingency benefits were elected to go to Husband's children to his new spouse). 12. Wife did not consent the above elections. 13. As of the end of 2012 Husband's death benefit was worth $722,800.54. 14. Under the circumstances, Wife/Plaintiff should be elected as the principle death beneficiary. 15. Wife proposes that she elect contingent beneficiaries with regard to half of the benefits and that Husband elect contingent beneficiaries with regard to half of the benefits; with regard to her half, Wife wishes to provide 6.25%to each of the parties' following children and grandchildren as follows: a. Daniel Elias—6.25% b. George Peslis—6.25% c. Natane Peslis—6.25% d. Nicholas Peslis—6.25% e. Sophia Peslis—6.25% f. Athena Peslis—6.25% g. Anthanasio C. Peslis—6.25% 16. Wife additionally requests that the Court authorize the Commonwealth to release Husband's SERS account information to her counsel. 17. Peter R. Henninger, Esquire, was contacted and indicated on behalf of Husband as follows: a. Husband objects to changing death beneficiary elections. b. Husband does not object to the Commonwealth being authorized to release Husband's SERS account information to Plaintiff's counsel. WHEREFORE, Wife requests entry of the attached orders. Respectfully submitted, BAYLEY & MANGAN s,- .---- LAA Mark F. Bayley, squire Bayley&Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: v Mark F. Bayley, Esquire s r -I, COMMONWEALTH OF PENNSYLVANIA a ' ATE EMPLOYEES' RETIREMENT SYSTr -:1; S E .;'. i. _ SERS COUNSELING CENTER HARRISBURG E - . t *°• 30 N THIRD STREET ;=-,. =_ nfd ' . ROOM 319 - -. . HARRISBUAG,PA 17101 TOLLFREE:1-800-633-5461 wvrw.sers state.pa.us diliiiiiiiil 4 RETIRED ME : BENEFICIARY NOMINATION 4 REGION 7 FIRST MIDDLE LAST YOUR SOCIAL SECURITY NUMBER: i r- fA--. vq f. NAME: TOMMY PESLIS '_ •.:Pi �' i 'c;u j = XXX rXX ;4122 ..r I s�a� 246 WALTON STS 'Tt`r'C� • c� xrnt.• ADDRESS: - . 7l= 1 �;�- .f LEMOYNE, PA 17043 _r —lf City,state,Zip: , _ Phone: 7'1:7 14-51 Ln C',i` PAR •A- PRINCIPAL BENEFICIARIES In the evert of my death any remaining befall-di of myl ogoiint shall be paid as designated below. Pay to one person,estate or trust r--. .,. _,_,., - . �_❑_Pay toWmore than one person absolutely ❑ Pay to more than one person,estate or trust in equal shares with rights to survivors ❑ Distribute in designated percentages as shown Percent Full Name Birth Date Address(street address,city,state,zip code) 1 i fro% gefta L. rfs LI5 0l I. t• _ G . •L• oN S . o : 0 Acknitvledg d andApproved 8/9/2012 10:04:36 AM KTROUT 10656 Total must equal 100% • • In the event of the death of at my principal benelicieries,any remaining balance of my PART B -CONTINGENT BENEFICIARIES • account shall be paid as designated below.. Percent Full Name Birth Date Address(street address,city,state,zip code) 35 To sPyotav at) 4, Pisa-S 3f, ii 01(6 Welt-rat) s%.7 Avta y1.' >04 1.701 3S10 ,,l'4 ccloPE;, N. ]gs,eJ Z191/2- 1..t6 Itmc . ) iT;pl o d1 E _PA /.7014_1 le% $oriie/A A. 04s-us 3/otytsf A C.PCLW S`r. A/degoi sesdc,R6 Ay. /9.0 s1,5- f o V. AnireVrt 5• f$su s V z.11 iI _21- ea / U.LkI yr- 1'leclioWI CsASrr_R,G10• /?D53 10 ,‘ Ali/INA5la}C. PL5IJS 8/1/ff/' ?lf S. 2l aT 1i14RQ/S8uR6. PA. 1710 . - -- /f907u Totat.must:equat•100•% 7— -. . . . • -.• • . -.-.... —7.- ". . ,._: - PART C-GUARDIAN REQUIRED FOR ANY BENEFICIARY OR DESIGNATED SURVIVOR UNDER 18 YEARS OF AGE Guardian's Full Name Address(street address,city,state,zip code) Name of Beneficiary j MN G. tist iS 1207 6 iron-a sr"1 '�C tl wcm slr r a P _PL50s 3ANItL. E. f¢tsLIS 27 C.P CL£O 5^t. MGCN fCS't,fe.L P4. Sonort. 11. LS 41.5 1?oSS •T/&?JA r ' S / PAR D - CERTIFIC,TION TWO INDIVIDUALS MUST WITNESS YO R SIGNATURE(a beneficiary shall not be a witness) Member Signatur- / Date j Telephone Number(s) • • . 1,1or .� (7(1 ) 9/4-Sl99 FIT,igna r i Wit Se i j. ture ..ge_,...4- i / Addressee• city,.state,zip code) Address(street,city,state,zip code) aS'7' oz-17/4/...1 .,5 /se c� L 0 WqotPnf _ ti-;(...fm;.. l70`l 1 SERS-403(912008: 111II 11111 lint Illll 131111111 1111111111 11111 111111111111111 Ill 1111 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW • ANTHANASIOS PESLIS, Defendant : NO. 2009-708 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 Dated: 1Z�. Mark F. Bayley, Esquire . 6 ' DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 4 ORDER OF COURT AND NOW, this day of , 20�,upon consider -tion of = u: Plaintiff s Petition for Special Relief it is directed as follows: A Rule is issued upon the Defendant to show cause, if any, why Plaintiff's requested relief should not be granted. Said Rule shall be returnable .2-0 olat,r *4ieftriitg is scheduled for the oVA d day of , 20/l/ at o'clock in Courtroom#4. The State Employees' Retirement System is hereby authorized to release any and all account information to Plaintiff's counsel,Mark F. Bayley, Esquire, with regard to the Defendant's retirement accounts. BY THE OURT: Z Hon. in A. Hess 7 cc: ✓Mark F. Bayley, Esquire I-/Peter R. Henninger, Jr., Esquire J ��� C) -r JONES&HENNINGER, P.C. ATTORNEY FOR DEFENDANT, BY: PETER R. HENNINGER,JR., ESQUIRE ANTHANASIOS PESLIS I.D.#44873 yr�'t � r�' 339 West Governor Road co �`f -*t Suite 201 ca Hershey, Pa 17033 ) c a,, (717)533-7113 v : > DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-708 v. ANTHANASIOS PESLIS, : CIVIL ACTION—AT LAW Defendant : DIVORCE DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, by and through his attorney, Peter R. Henninger, Jr., Esquire and answers Plaintiff's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 10 of Petitioner's Petition for Special Relief which averments are accordingly denied. By way of further answer, Plaintiff does admit that the vast majority of the retirement benefits associated with his SERS account are marital property. 11. Admitted. 12. Admitted in part and denied in part. Although it is admitted that Wife did not consent to the above elections, Respondent specifically denies that Wife's consent was necessary for any such election by virtue of the fact that a prior stipulation entered into by the parties dated January 13, 2010 and made an Order of Court on January 25, 2010, which stipulation and Order provided that Husband agreed to keep intact any and all state employee retirement/pension funds was by subsequent Stipulation and Order of Court dated May 3, 2010,terminated. This termination of the Court Order of January 25, 2010 permitted your Respondent to make any and all elections he so desired with regards to his SERS account which he has in fact made as previously noted. Copies of the Stipulation and Order dated January 25, 2010 are attached hereto and marked Exhibit"A" and made a party hereof by reference thereto. Copies of the Stipulation and Order dated May 3, 2010 are attached hereto, marked Exhibit`B"and made a part hereof by reference thereto. 13. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 13 of Petitioner's Petition for Special Relief which averments are accordingly denied. By way of further answer, Plaintiff does admit that the vast majority of the retirement benefits associated with his SERS account are marital property. 14. Denied. Respondent specifically denies that under any circumstances should Wife be elected as the principal death beneficiary. By way of further answer, Respondent/Husband avers that Husband's retirement benefit and the death benefit attached thereto, the marital portion of which constitutes at this time most likely the sole asset remaining subject to distribution. To make wife the primary death beneficiary would in fact provide her with a 100% distribution, if not an amount in excess of 100%of the marital estate contrary to the equitable distribution provisions of Pennsylvania Divorce Code. 15. Although it is admitted that Wife proposes that she be entitled to elect contingent beneficiaries with regards half of the benefits and that Husband elect contingent beneficiaries with regards to the other half of the benefits, Husband denies that the proposal is any way, shape or form equitable, that Wife is not entitled to any such election under the law. If we were to assume that Petitioner predeceases Respondent what Petitioner/Wife is proposing would be an equitable distribution to children and grandchildren of the parties not authorized under Pennsylvania Law. 16. Husband has no objection to the Court authorizing the Commonwealth to release Husband's SERS account information to her counsel. 17. Admitted. WHEREFORE, Husband requests that Wife Petition be denied and dismissed, or in the alternative, that the Court fashion an award at present which more equitably addresses what may, in fact, be an asset which encompasses more than 100% of the marital estate. Respectfully submitted, JONES & HENNINGER, P.C. By: Peter R. Henninger, Jr., Esquire #44873 339 West Governor Rd., Ste. 201 Hershey PA 17033 (717) 533-7113 peteraj ones-henninger.com • -�, F_,UEJ JAN 2 7 20111 A` ' (`')li DIANA L. PESLIS, : THE COURT OF COMMON PLEAS OF Plaintiff •• CUMBERLAND COUNTY, PENNSYLVANIA vs. •▪ No. 09-708 Civil Term ATHANASIOS PESLIS, : CIVIL ACTION - AT LAW Defendant : DIVORCE ORDER OF COURT AND NOW, TO WIT, this $' day o( ) , 20l(' , it is hereby ORDERED AND DECREED that the attached Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: 42,bte, 7464A) J. Distribution to: Jeanne B. Costopoulos,Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA, 17055 Peter R. Henninger, Jr., Esquire, 339 W. Governor Road, Suite 201, Hershey, PA 17033 ci , 1 im.4 „.11�ry -,rwww' t1 It a'3. ' DIANA L. PESLIS, : THE COURT OF COMMON PLEAS OFc. Plaintiff : CUMBERLAND COUNTY, PENNSYL ANIA3 No 09-708 i 773 ATHANASIOS PESLIS, : CIVIL ACTION-AT LAW Defendant : DIVORCE c: ''T'i STIPULATION AND NOW, come the parties, Diana L. Peslis, by and through her attorney, Jeanne B. Costopoulos, Esquire, and Athanasios Peslis, by and through his attorney, Peter R. Henninger, Jr., Esquire, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Diana L. Peslis ("Wife" hereinafter) and Athanasios Peslis ("Husband" hereinafter) wish to enter into a temporary agreement relative to property and assets acquired during the marriage ("marital property" hereinafter); and, intending to be legally bound, the parties agree as follows: 1. Plaintiff is Diana L. Peslis (hereinafter"Wife"), an adult individual currently residing at 707 S. Broad Street,Mechanicsburg,Cumberland County, Pennsylvania, 17055. 2. Defendant is Athanasios Peslis (hereinafter "Husband"), an adult individual currently residing at 707 S. Broad Street, Mechanicsburg, Cumberland County,Pennsylvania, 17055. 3. Wife filed Plaintiff's Petition for Special Relief simultaneously with a Complaint in Divorce on February 10, 2009 at the above term and docket number. 4. husband filed Defendant's Answer to Plaintiff's Petition for Special Relief. 5. The parties agree that neither party shall dispose of, transfer, encumber, conceal, sell, remove, or alienate any property which could possibly be construed as marital,absent a 1 written agreement between the parties or further order of court. For these purposes, marital property includes, but is not limited to, real estate,retirement accounts,pension accounts, investment accounts,stocks, bonds,jewelry,vehicles, guns, and any other asset acquired by either party during the course of their marriage. Specifically, Husband agrees to keep intact any and all of his State employment retirement/pension accounts. 6. This Stipulation in no way divides or distributes any of Husband's or Wife's real or personal property, nor any marital asset subject to Equitable Distribution. It is understood and agreed that this Agreement is preliminary in nature. The parties agree that this Stipulation shall not, in any way, prejudice either party with regard to final distribution of the marital estate. 7. The provisions of this Stipulation and their legal effects have been fully explained to the parties by their respective counsel. Each party acknowledges that they have received independent legal advice from counsel of his or her selection, and, as to the terms of this Stipulation, that each fully understands the facts relative thereto and has been fully informed as to his or her legal rights and obligations, and that this Stipulation is being entered into freely and voluntarily after having received such advice from counsel. The parties further acknowledge that the execution of this Stipulation is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, and intending to he legally bound hereby, the parties hereto have hereunto set their hands and seals, and with the understanding that this Agreement may be 2 ,----,„ entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. gl% i I of / /3/010 ._/ feW.44 Diana L. Pe • Date ,.. J t.;._ i/Pkite anne B. Costopoulos, Esquire ----- -, Date i / if I 1 / i ■ ilitil1/46) A ...ios Pe. is Date • - /ad° Afi 4 -.4161.411,1 4- - fisrl / /0 r leter R. Henninger, ' u ire Jr., ' ' 41 uire Date 3 r • C E,fVED ivy 5 2010 MAY 0 3 Copy DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-708 V. ATHANASIOS PESLIS, : CIVIL ACTION -AT LAW Defendant : DIVORCE AN ORDER OF COURT 0 (-a AND NOW,TO WIT, this ,) day of-r , 2010, it is hereby ordered 1.1 and decreed that the attached Stipulation terminating t le Order of Court dated January 25, a 2010 is adopted in its entirety and said order of January 25, 2010 is terminated in its entirety effective immediately. BY THE COURT: J. DISTRIBUTION LIST: Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Ste. 202, Mechanicsburg, PA 17055 Peter R. Henninger,Jr., Esquire, 339 West Governor Rd., Ste. 201, Hershey, PA 17033 JONES & HENNINGER, P.C. ATTORNEY FOR DEFENDANT, BY: PETER R. HENNINGER,JR., ESQUIRE ATHANASIOS PESLIS I.D. #44873 339 West Governor Road Suite 201 ` rte•, Hershey, Pa 17033 , • (717) 533-7113 :=4.) Tr. DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS 4- Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA •▪ NO. 09-708 v. ATHANASIOS PESLIS, : CIVIL ACTION -AT LAW Defendant : DIVORCE STIPULATION AND NOW, come the parties, Diana L. Peslis,by and through her attorney,Jeanne B. Costopoulos, Esquire,and Athanasios Peslis, by and through his attorney, Peter R. Henninger,Jr., Esquire,and respectfully requests that the following stipulation be entered as an Order of Court: WHEREAS, the parties, Diana L. Peslis ("Wife"hereinafter), and Athanasios Peslis ("Husband" hereinafter) wish to enter into a Stipulation terminating the Stipulation entered as an Order of Court dated January 25, 2010,and, intending to be legally bound,the parties agree as follows: 1. The Plaintiff is Diana L. Peslis (hereinafter "Wife"), an adult individual currently residing at 707 South Broad Street, Mechanicsburg,Cumberland County, Pennsylvania, 17055. 2. The Defendant is Athanasios Peslis (hereinafter"Husband"),an adult individual currently residing at 707 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties entered into a Stipulation regarding property and assets acquired during the marriage which stipulation was entered as an Order of Court dated January 25, 2010. A copy of said Stipulation and Order is attached hereto, marked Exhibit"A", and made a part hereof by reference thereto. 4. The parties agree to terminate said Stipulation and Order of Court dated Januray 25, 2010, and jointly request that this Court enter an Order terminating said January 25, 2010 Order, the consequences of which would be that said Stipulation and Order of Court dated January 25, 2010,which provided in part that neither party shall dispose of, transfer, encumber, conceal, sell, remove, or alienate any property which could possibly be construed as marital absent a written agreement between the parties or further Order of Court, be terminated. 5. The provisions of this Stipulation and it's legal effects have been fully explained to the parties by their respective counsel. Each party acknowledges that they have received independent legal advise from counsel of his or her selection, and, as to the terms of this stipulation,that each fully understands the facts relative thereto and have been fully informed as to his or her legal rights and obligations, and that this Stipulation is being entered into freely and voluntarily having received such advice from counsel. The parties further acknowledge that the execution of this Stipulation is not the result of any duress or undue influence and that it is not as the result of any collusion or improper or illegal agreement or agreements. • IN WITNESS WHEREOF,and intending to be legally bound hereby,the parties hereto have set their hands and seals,and with the understanding that this agreement will be entered as an Order of Court,hereby set their hands and seals the date of their acknowledgement. AP 00 Date:%Va.Z.0/6 Diana L. Peslis • Date: Jeanne-a ostopoulos, Esquire Attorney for Diana L. Peslis • Date: Athanasios Peslis Date: IVA A At' Peter R. Henninger,Jr., Esquire Attorney for Athanasios Peslis DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-708 v. ANTHANASIOS PESLIS, : CIVIL ACTION—AT LAW Defendant : DIVORCE VERIFICATION I,Anthanasios Peslis, verify that the statements made in the foregoing Defendant's Answer to Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. § 4904,relating to unworn falsification to authorities. Da ftrd, o/7/ „,e e/ Anthanasios Peslis DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-708 v. ANTHANASIOS PESLIS, : CIVIL ACTION—AT LAW Defendant : DIVORCE CERTIFICATE OF SERVICE I, Peter R. Henninger, Jr., Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Mark F. Bayley, Esquire Bayley &Mangan 17 West South Street Carlisle, PA 17013 Date: 411 Peter R. Henninger,Jr., Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION-LAW ANTHANASIOS PESLIS. • Defendant : NO. 2009-708 STIPULATION The undersigned parties agree to the following terms being entered as a Court Order: 1. Argument scheduled for January 22,2014 is cancelled. Plaintiff's Petition for Special Relief filed December 13,2013 is deemed withdrawn. 2. The Defendant shall, within 10 days of the date of this Order,complete and properly file with the Commonwealth a retired member beneficiary nomination form with respect to his State Employees' Retirement System account in which the Defendant shall elect the Plaintiff as 50%principle beneficiary.After the filing of said form,the above beneficiary election shall not be further altered for any reason pending further order of this Court. The remaining 50%portion of the principle beneficiary election not referred to above may be made and altered by the Defendant at his discretion. Contingent beneficiary elections may also be made and altered by the Defendant at his discretion. 14/1610 ( p■•••■ G cam' x Mark F. Bayley, . quire Date ccrs ev c a For Diana Peslis tv - C +rllr 1 Peter R.Henninger,Jr. Date •.‹ c For Anthanasios Peslis DIANA L. PESLIS, IN THE COURT OF COMMON PLEA _ Plaintiff : CUMBERLAND COUNTY, PENN VALMA�. VS. CIVIL ACTION - LAW cn r. ANTHANASIOS PESLIS, Win ° Defendant NO. 2009-708 y.C -, r- ' ORDER AND NOW, this Z'r` day of , 2014, upon stipulation between the parties, it is directed as follows: 1. Argument scheduled for January 22, 2014 is cancelled. Plaintiff's Petition for Special Relief filed December 13, 2013 is deemed withdrawn. 2. The Defendant shall, within 10 days of the date of this Order, complete and properly file with the Commonwealth a retired member beneficiary nomination form with respect to his State Employees' Retirement System account in which the Defendant shall elect the Plaintiff as 50%principle beneficiary. After the filing of said form, the above beneficiary election shall not be further altered for any reason pending further order of this Court. The remaining 50%portion of the principle beneficiary election not referred to above may be made and altered by the Defendant at his discretion. Contingent beneficiary elections may also be made and altered by the Defendant at his discretion. BY THE COURT: ,x,. /7 / Hon. K n A. Hess cc: F. Bayley, Esquire /Peter R. Henninger, Jr., Esquire is / ztu r a�r�iy DIANA L. PESLIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW ANTHANASIOS PESLIS. Defendant NO. 2009-708 STIPULATION The undersigned parties agree to the following terms being entered as a Court Order: 1. Argument scheduled for January 22,2014 is cancelled. Plaintiffs Petition for Special Relief filed December 13,2013 is deemed withdrawn. 2. The Defendant shall, within 10 days of the date of this Order,complete and properly file with the Commonwealth a retired member beneficiary nomination form with respect to his State Employees' Retirement System account in which the Defendant shall elect the Plaintiff as 50%principle beneficiary. After the filing of said form,the above beneficiary election shall not be further altered for any reason pending further order of this Court. The remaining 50%portion of the principle beneficiary election not referred to above may be made and altered by the Defendant at his discretion. Contingent beneficiary elections may also be made and altered by the Defendant at his discretion. Mark F. Bayley, quire Date For Diana Peslis /aa�y )> Peter R.Henninger,Jr. Date .� cT+ For Anthanasios Peslis DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE PETITION FOR A FINDING OF CONTEMPT AND ENFORCEMENT OF ORDER ENTERED JANUARY 24, 2014 AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is involved with the above caption 2. The Petitioner is the Plaintiff. 3 The Respondent is the Defendant. 4. The Court Order entered on January 24, 2014 directs as follows: c7.r.1 The Defendant shall, within 10 days of the date of this Order, complete and properly file with the Commonwealth a retired member beneficiary nomination form with respect to his State Employees' Retirement System account in which the Defendant shall elect the Plaintiff as 50% beneficiary.... 5. In order to comply with the above directive the Respondent must complete and mail a simple one page form to the Commonwealth. 6. Undersigned counsel verified with the Commonwealth that as of March 14, 2014 the Respondent had not complied with the above directive. See State Employees' Retirement System Legal Office letter dated March 14, 2014 attached as "Exhibit A." 7. Undersigned counsel forwarded a letter to Respondent's counsel via fax and First Class Mail on March 18, 2014 requesting proof of the Respondent's compliance with the above directive by March 21, 2014 and that failure to do so would result in the filing of the within petition (see attached as "Exhibit B "). 8. Undersigned counsel has not heard or received anything from Respondent to date. 9. The Respondent is in willful contempt of the Court's directive. 10. This is the second time Respondent's failure to comply with Court directives has required Court intervention. 11. The Petitioner is unnecessary incurring attorney fees with regard to the within petition. WHEREFORE, the Petitioner requests that the Defendant be adjudicated in contempt of the Court's Order entered January 24, 2014, that attorney fees be awarded to Petitioner, and that further appropriate relief and /or sanctions be ordered for the purpose of compelling compliance with the Januuary 24, 2014 Order. z - Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esqu Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241 -2446 Supreme Court I.D. # 87663 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009 -708 - IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. - -z;4 Mark F. Bayley, Es ire Mark F. Bayley, Esquire Bayley & Mangan 17 W. South Street Carlisle, PA 17013 Commonwealth of Pennsylvania State Employees' Retirement System Legal Office 30 North Third Street, Suite 150 Harrisburg, Pennsylvania 17101 -1716 Telephone: 717- 783 -7317 Fax: 717 - 787 -5751 www.sers.state.pa.us March 14, 2014 RE: Peslis v. Peslis Cumberland County No. 09 -708 Civil Term Dear Mr. Bayley: h� `' 7 2014 Receipt of your March 13 correspondence is acknowledged. In response to the inquiry posed in your letter, please be advised that as of this date, Mr. Peslis' SERS file does not appear to contain a beneficiary designation form filled out in accordance with Judge Hess' Order of January 24. In order to facilitate Mr. Peslis' compliance with the provisions of the Order, enclosed please find a blank SERS beneficiary nomination form. When Mr. Peslis executes the form, please reference the Court Order and the irrevocability of the designation of Diana Peslis' share on the face of the form by adding language such as "Designation of Diana Peslis as 50% primary beneficiary irrevocable per Court Order dated January 24, 2014" or language to that effect. Please return the executed beneficiary form to me at your earliest convenience and I will forward the document to the appropriate staff for processing. Should you have questions or concerns regarding this matter, please do not hesitate to contact me. I trust this information addresses your inquiry. Should you have further questions or wish to discuss this matter in more detail, please contact me. Sincerely, Salvatore A. Darigo, Jr. Counsel State Employees' Retirement System Enclosure cc: Member (w /encl.) EXHIBIT A l Bayley 86 Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 Mark F. Bayley, Esquire Telephone: (717) 241 -2446 John J. Mangan, 111, Esquire Fax: (717) 241 -2456 Brian 0. Williams, Esquire Connie J. Gibson, Secretary March 18, 2014 Peter R. Henninger Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 Via First Class Mail & Fax 717.533 -7233 RE: Peslis v. Peslis — 2009 -708 Dear Peter: Per Court Order entered January 24, 2014 Mr. Peslis had until February 3, 2014 to properly file a beneficiary nomination form in accordance with the order. According to SERS staff as of March 14, 2014 he had failed to do so. In the event that I am not provided proof of compliance with the Order by Friday, March 21, 2014 I intend to have a petition for contempt with request for applicable fees filed the following Monday. CJG/ Sincerely, ark F. Bayley, Esquire TX Result Report P 1 03/18/2014 08:59 Serial No. AWP1011005728 TC: 512978 Addressee Start Time Time Prints Result Note 5337233 03 -18 08:59 00:00:16 001/001 OK Note TMR: Timer TX. POL: Pollin ORGi Origginal Size Settitl9 FMEi Frame Erase TX. MIX: Mixed original x. CA • Maynn1ual Tpx , CSRC: CSRC.ggFWD: ForwWard. PC: PC -Fax. �: Relayy. PPfBX: confident al. UL: Bulletin. SIP rSIPnFax.FIPRDR:FIP Address Fax. I -FAX: Internet Fax Result OK: Communication OK, S -OK: Stop Communication, PW -OFF: Power Switch OFF, TEL: RX from TEL, NG: Other Error, Cont: Continue, No Ans: No Answer, Refuse: Receipt Refused, BUSY: Busy, M- Fu11:Memory Full, LOUR :Receiving length Ouer, POUR:Receiving page Ouer, FIL:File Error, DC:Decode Error, MDN:MON Response Error, DSN:DSN Response Error. Marts F. Bayley. Esquire John J. Mangan. M. Esquire 13 inn O. Wiitiamn. Eequire Connie J. ©fib en. Secretary Bayley a5 Marlgar>_ ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 March 18, 2014 Peter R. Henninger Jr., Esquire 339 West Ciovertaor Road, Ste 201 Hershey, PA 17033 Via Ffr-se Class Mall clk Fos 717.533 -7233 RE: Peslfa v_ Peslis — 2009 -708 Dear Peter: Telephone: (717) 2412446 FAX (717) 247 -2456 Per Court Order entered January 24, 2014 Mr. Peslis had until February 3, 2014 to properly file a beneficiary nomination form in accordance with the order. According to SERB staff as of March 14, 2014 he had failed to do so. In the event that 1 am not provided proof of compliance with the Order by Friday, March 21, 2014 1 intend to have a petition for contempt with request for applicable fees filed the following Monday. Sincerely, F. Bayley, Esquire CJG/ DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 Mark F. Bayley, Esqufre DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 2009-708 CIVIL ANTHANASIOS PESLIS, Defendant : IN DIVORCE IN RE: MOTION FOR FINDING OF CONTEMPT ORDER AND NOW, this 2 S day of March, 2014, the defendant is ordered and directed to show cause why he should not be cited in contempt. He is ordered and directed to appear for hearing on Thursday, April, 17, 2014, at 11:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The Court notes that an adjudication in contempt can result in a fine, imprisonment, or both. BY THE COURT, Kevin . Hess, P. J. Mark F. Bayley, Esquire For the Plaintiff Peter R. Henninger, Jr., Esquire For the Defendant - � = ez7 rye :rlm cry r n, . Copi £s ter; - _ 3 zS iy `- -7 v1 _< t- DIANA L. PESLEOBERLAND COUNTY IN THE COURT OF COMMON PLEAS Plaintiff PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA Vs. t• • : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant NO. 2009-708 - IN DIVORCE STIPULATION The undersigned parties, by and through their counsel, agree to the following terms being entered as an Order of Court: 1 The Defendant is found to be in willful contempt of Court's Order of January 24, 2014 in that he failed to complete and properly file with the Commonwealth a retired member beneficiary nomination form with respect to his State Employees' Retirement System account on or before February 3, 2014 as directed. 2. The Defendant is ordered to forward $305.25 to Plaintiffs counsel on or before April 18, 2014; said sum represents Plaintiffs attorney fees associated with the enforcement of the above Order. 3. It appearing that Mr. Peslis has at this time completed and executed the aforementioned nomination form and it appearing that his counsel properly forwarded the form for filing on April 16, 2014, no other sanctions shall apply at this time. 4. The hearing scheduled for April 17, 2014 is cancelled, Mark F. Bayley, Es re For Diana L. Peslis, Plaintiff eter R. enninger, Jr., E For Anthanasios Peslis, Defendant 1\) DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009 -708 - IN DIVORCE ORDER OF COURT Z r day of 4.'f , 2014, upon AND NOW, this stipulation between the parties: 1. The Defendant is found to be in willful contempt of Court's Order of January 24, 2014 in that he failed to complete and properly file with the Commonwealth a retired member beneficiary nomination form with respect to his State Employees' Retirement System account on or before February 3, 2014 as directed. 2. The Defendant is ordered to forward $305.25 to Plaintiff's counsel on or before April 18, 2014; said sum represents Plaintiff's attorney fees associated with the enforcement of the above Order. 3. It appearing that Mr. Peslis has at this time completed and executed the aforementioned nomination form and it appearing that his counsel properly forwarded 'e fom 3 rn ran r` N.) co c-) zo -4 Dc for filing on April 16, 2014, no other sanctions shall apply at this time. 4. The hearing scheduled for April 17, 2014 is cancelled. cc: k F. Bayley, Esquire Peter R. Henninger, Jr., Esquire Cfe% ��s�ikk. 'Or/ #1 BY THE COURT: DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 — IN DIVORCE MOTION TO COMPEL DISCOVERY PURSUANT TO Pa. R.C.P. 4019 () -) c AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley3 id ii roc = rrt a� x70 —< support of the within motion avers as follows: cpr- w r-= 1. The Honorable Kevin A. Hess has previously been involved with thee`ove captioned matter. 2. The Movant is Diana L. Peslis, Plaintiff. 3. The Respondent is Anthanasios Peslis, Defendant. 4. The Movant filed a divorce complaint on February 10, 2009 requesting equitable distribution, alimony, alimony pendente lite, and attorney fees/costs. 5. Said divorce action was bifurcated by Order entered April 28, 2011; the Court retained jurisdiction of the above claims. 6. A divorce decree was entered on November 16, 2011 which notes that the above claims were preserved. 7. Movant forwarded discovery requests including interrogatories (attached as "Exhibit A") and document requests (attached as "Exhibit B") to Respondent's counsel on December 12, 2013; said requests were follow-up requests based upon the Respondent's responses to initial document requests and interrogatories. 8. The current discovery requests were made pursuant to Pa.R.C.P. 4009.11. 9. Movant has received no response to said discovery requests to date. N 01 c- 10. Pursuant to Pa.R.C.P. 4019 this Honorable Court has the authority to order compliance with discovery and to award counsel fees. 11. The Respondent has a history of failing to comply with discovery requests and Court directives in general. 12. The Movant filed a previous motion to compel responses to its initial set of discovery requests; the Court set a deadline for responses to be submitted which the Respondent ignored; the Court then set a date for argument to determine "why discovery sanctions, including contempt, ought not be imposed"; the Respondent avoided an adjudication of contempt by providing discovery responses on the day of the scheduled argument. 13. The Respondent was found to be in willful contempt by Order entered April 25, 2014 for failing to abide by a subsequent Court directive. 14. It has become apparent that the Respondent will not cooperate in the discovery process or otherwise without compulsion. WHEREFORE, the Movant request the Respondent to be directed to respond to discovery requests and to pay her counsel fees incurred with regard to the preparation and litigation of the within motion. Respectfully submitted, BAYLEY & 4 • GAN Mark F. Bayley, E quire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DIANA PESLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-708 CIVIL TERM ANTHANASIOS PESLIS, : CIVIL ACTION — AT LAW Defendant : DIVORCE INTERROGATORIES BY PLAINTIFF DIRECTED TO DEFENDANT (SECOND SET) To: Anthanasios Peslis C/O Peter R. Henninger, Jr., Esq. 339 West Governor Road, Ste 201 Hershey, PA 17033 Plaintiff, by and through her counsel, hereby propound the following interrogatories pursuant to the Pennsylvania Rules of Civil Procedure. You must serve written response to these interrogatories on Mark F. Bayley, Esquire at 17 West South Street, Carlisle, PA 17013, within thirty days of service of these interrogatories. Instructions The following interrogatories require you to provide information in your possession, custody or control, including information known to your employees and agents (including your attorney(s)). Each of the following interrogatories is a separate interrogatory. In the event a given interrogatory contains subparts, you are to respond to each subpart separately and in full. If you object to any interrogatory, please state the objection and fully set forth the factual basis supporting the objection. You are reminded that you may be deemed to have waived any objection that is not timely lodged within the 30 -day period prescribed by the Pennsylvania Rules of Civil Procedure. Absent a legitimate claim of privilege or other cD 0 EXHIBIT 1 legal objection sufficient to support a decision not to respond to an interrogatory, you must respond fully and completely to each of the following interrogatories. When asked to "describe in detail" any act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure, your response must include, without limitation, the following information with respect to each act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure: a. The identities of the parties involved; b. A detailed factual description and/or substance of the act, event, communication, meeting, conversation, discussion, operation, practice, process, and/or procedure, including the content of the communication, meeting, conversation, discussion and/or comment, and your response thereto, if any; c. The dates of each act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure; d. All witnesses to the act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure; and e. Any documents that relate to or confirm the act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure. When asked to "identify" (or any variant thereof) an individual(s), your response should include, without limitation, the following information with respect to each individual identified: a. Full name, or, if not known, such sufficient descriptions so that he or she will be identified to the recipients of your answer; b. Present or last known employer or other business affiliation; c. Present of last known title or position; d. Present or last known (with indication of the date of that last knowledge) home or residence address; e. Present or last known (with indication of the date of that knowledge) business address; and f. Business telephone number, if any, and residence telephone number. Once a person has been identified, only the name of the person need to be listed in response to subsequent interrogatories requesting the identity of that person. When asked to "identify" (or any variant thereof) a corporation, partnership, proprietorship, association or other entity, your response should include, without limitation, the following information with respect to each corporation, partnership, proprietorship, association or other entity identified: a. The type of document (e.g. memorandum, letter, employment application, etc.); b. It's date, or if no date appears on its face, the approximate date on which it was prepared; c. The identity of its author and, if different, the originator and signatory; d. The title, heading or other designation, numerical or otherwise, of the document; e. The identity of each addressee or recipient, or the identity of each person (or, if widely distributed, the organization or classes or persons) to whom the document was sent; f. The present or last known location of the document and of each copy; g. The identity of the person presently having custody of it; and h. A detailed description of the substance of the document. If any such document was, but no longer is, in your possession or subject to your control, identify it as set forth herein and state the disposition of the document, the reason for such disposition and the date of the disposition. If you cannot fully respond to the following interrogatories after exercising due diligence to secure the information necessary to do so, respond to the fullest extent possible, specifying your inability to answer the specific portion of the interrogatory you cannot answer and providing whatever information or knowledge you have concerning the unanswered portions. Finally, the following interrogatories are continuing in nature; your responses must be promptly modified and/or supplemented in the event that information you would have otherwise provided in your responses is obtained subsequent to the service of your responses and prior to the conclusion of trial. Definitions The following definitions shall apply to term used throughout these interrogatories and such terms should construed consistent with the following definitions unless the context in which the term is used clearly calls for a different construction. The interrogatories herein are intended to be broad enough to capture all information that may be of potential relevance to the subject matter of the interrogatory. In the event an interrogatory is subject to multiple interpretations, you should interpret the request according to its broadest reasonable construction. For example, you should, in all instances, construe verbs used in the singular as including their plural; construe the terms "and" and "or" as meaning "and/or"; construe any gender -specific pronouns as including all other gender-specific pronouns; and construe the terms "any", "each", "all" and "every" as meaning "any/each/all/every". As used throughout these interrogatories, the term "document" shall refer to and/or mean any and all written, printed, typed, recorded, or graphic matter, however produced, preserved or reproduced, including, but not limited to, correspondence, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, certificates, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control of the original) currently in your possession, custody , or control, or in the possession, custody, or control of your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. The term "document" specifically includes data preserved in electronic form of any variety, including, but not limited to, files stored on hard drives, network attached storage (NAS) drives, cloud storage, web storage, floppy disks, compact discs, digital versatile discs (DVDs) blue-ray discs (BDs), flash drives, zip drives, tape drives, memory cards, SIM cards, memory sticks, tape backup units, audio tapes, and/or digital audio recorders, as well as files, information and/or commentary for which you are responsible that appears or its stored in any location accessible via the internet, including, but not limited to, LLC websites, blogs, forums, and/or chat rooms. The term "communication" as used herein shall refer to and/or mean the transmittal or receipt of information by any means, the process of transmittal or receipt, and the information transmitted or received. The term "person" as used herein shall refer to and/or mean any individual, partnership, joint venture, firm, association, corporation, franchisee or business or any other governmental or legal entity. The term "relate to", "related to", "relating to", or "in relation to" shall be broadly construed to include the concepts represented by the following terms and phrases; associated with, in connection with, referring to, constituting, reflecting, representing, supporting, contradicting , stating, describing, recording, noting, memorializing, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, relevant to, and/or pertaining to. As used herein, the term "concerning" means relating to, referring to, describing, evidencing or constituting. The terms "you" and "your" shall refer any and all agents and/or employees of the Defendant. INTERROGATORIES 1. State your current wife's employment, her employment position, and her approximate yearly earnings. ANSWER: Idents the owner of 246 Walton Street, Lemo e PA 17043. ANSWER: 3. With regard to the SERS contributions that were withdrawn by you in 2010, identify what account or accounts those funds were originally deposited into (include name of financial institution(s) and account number(s)). ANSWER: 4. With regard to the SERS contributions that were withdrawn by you in 2010, describe in detail what was done with said funds, whether any of said funds still remain, and where any of said funds are presently stored. ANSWER: 5. Set forth a comprehensive list of all payments you made on or after February 9, 2009 towards marital debt and/or obligations that you intend to request credit for with regard to equitable distribution. For each item, include 1) the date of payment, 2) the amount of payment, 3) what specific marital debt or obligation the payment went towards, 4) the specific account (including account number) from where the payment came, and 5) what supporting documentation exists to verify the payment. Said list should contain all of said credits that you intend to present to the Court. ANSWER: Payment Date Amount Source Item paid toward Supporting documentation VERIFICATION I verify that the statements made in the foregoing Answers to Interrogatories are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Anthanasios Peslis CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail on the date indicated below: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 u/Af ( - Mark F. Bayley, Esquire DIANA PESLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-708 CIVIL TERM ANTHANASIOS PESLIS, : CIVIL ACTION — AT LAW Defendant : DIVORCE REQUESTS FOR THE PRODUCTION OF DOCUMENTS BY PLAINTIFF DIRECTED TO DEFENDANT (SECOND SET) To: Anthanasios Peslis C/O Peter R. Henninger, Jr., Esq. 339 West Governor Road, Ste 201 Hershey, PA 17033 Plaintiff, by and through her counsel, hereby propounds the following Requests for the Production of Documents pursuant to the Pennsylvania Rules of Civil Procedure. You must serve a written response and produce the documents requested to Mark F. Bayley, Esquire, at the offices of Bayley & Mangan, 17 West South Street, Carlisle, PA 17013, within thirty days of service of these requests. Instructions The following document requests require you to produce all responsive documents in your possession, custody or control. This means that you must produce all documents that are responsive to a particular request that are in your possession (regardless of whether you are the owner of the documents) as well as documents over which you have control, even if such documents are not in your possession, such as those in the possession of your agents and/or employees, including your attorney(s). Each of the following document requests is intended as a separate request. In the event a given request contains subparts, you are to respond to each subpart separately and in full. All documents responsive to these requests shall be produced in whole and EXHIBIT complete form regardless of whether portions of any given document may contain unrequested information. Your production shall include, in addition to final versions of a document, all drafts, versions or copies of a document that differ in any regard (whether due to handwritten notations, subsequent revisions, or otherwise) from the original version, the final version or other produced copy. In connection with responding to these requests, you are required to make a diligent search of all relevant files and records within your possession, custody or control to ascertain whether responsive documents exist. Your agents, employees and attorneys must do the same with regard to relevant files and records over which you are entitled to exercise control. If you object to any request, please state the objection and fully set forth the factual basis supporting the objection. You are reminded that you may be deemed to have waived any objection that is not timely lodged within the 30 -day period prescribed by Rule 4009(b)(2) of the Pennsylvania Rules of Civil Procedure. If you withhold from production any otherwise responsive document on the basis of attorney-client, attorney work product or other applicable privilege, you must prepare and produce a privilege log that provides the following information: a. The date of the document; b. The author of the document; c. The identity of each person who prepared or participated in the preparation of the document; d. The identity of each person who received the document; e. The identify of each person from whom you received the document; f. The present location of the document and all copies thereof; g. The identity of each person who has ever had possession, custody or control of the document or a copy of the document; and h. A description of the document providing sufficient information concerning the document's nature and the circumstances of its creation to justify the claim of privilege. Absent a legitimate claim of privilege or other legal objection sufficient to support a decision to withhold documents from production, you must produce all documents responsive to the following requests. Failure to produce responsive documents, the destruction of responsive documents, or any other spoliation of evidence in this case can subject you to sanctions in this matter, potentially including monetary sanctions and orders adversely affecting your ability to present your claims/defenses. Finally, the following requests are continuing in nature; your responses must be promptly modified and/or supplemented as appropriate in the event you and/or agents (including your attorney(s)) discover and/or obtain additional responsive documents at any time between service of your responses and the conclusion of trial. Definitions The following definitions shall apply to terms used throughout these Requests for the Production of Documents and such terms should be construed consistent with the following definitions unless the context in which the term is used clearly calls for a different construction. The document requests herein are intended to be as broad enough to capture all documents that may be of potential relevance to the subject matter of the request. In the event a request is subject to multiple interpretations, you should interpret the request according to its broadest reasonable construction. Similarly, throughout these requests, you should interpret verbs used in the singular as including their plural. As used throughout these requests, the term "document" shall refer to and/or mean any and all written, printed, typed, recorded, or graphic matter, however produced, preserved or reproduced, including, but not limited to, correspondence, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, certificates, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control of the original) currently in your possession, custody, or control, or in the possession, custody, or control of your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. The term "document" specifically includes data preserved in electronic form of any variety, including, but not limited to, files stored on hard drives, network attached storage (NAS) drives, cloud storage, web storage, floppy disks, compact discs, digital versatile discs (DVDs), blu-ray discs (BDs), flash drives, zip drives, tape drives, memory cards, SIM cards, memory sticks, tape backup units, audio tapes, and/or digital audio recorders, as well as files, information and/or commentary for which you are responsible that appears or is stored in any location accessible via the internet, including, but not limited to websites, blogs, forums, and/or chat rooms. The term "communication" as used herein shall refer to and/or mean the transmittal or receipt of information by any means, the process of transmittal or receipt, and the information transmitted or received. The term "person" as used herein shall refer to and/or mean any individual, partnership, joint venture, firm, association, corporation, franchisee or business or any other governmental or legal entity. The terms "relate to", "related to", "relating to", or "in relation to" shall be broadly construed to include the concepts represented by the following terms and phrases: associated with, in connection with, referring to, constituting, reflecting, representing, supporting, contradicting, stating, describing, recording, noting, memorializing, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, relevant to, and/or pertaining to. The term "you" and "your" shall refer any and all agents and/or employees of Defendant. REQUESTS FOR THE PRODUCTION OF DOCUMENTS (SECOND SET) 1. Provide copies of all schedules and attachments associated with your Federal tax returns for the years 2010-2011. 2. Provide a copy of your finalized 2012 Federal tax return including all schedules and attachments. 3. Provide copies of statements covering the period involving February 9, 2009 with regard to the following accounts set forth in your response to "Interrogatories by Plaintiff Directed to Defendant" interrogatory #9: "Members 1St Credit Card," "Gap," "American Express," "Sam's Club Credit," "Walmart Credit," "Shell," "Orchard," "Kay's Jewelers," "Kohl's," "Chase," "PSECU (card only) 2009," "PSECU (car only) 2009," and "Dell." 4. Provide documentation that supports your following response to "Interrogatories by Plaintiff Directed to Defendant" interrogatory #9: IRS — Diane and I $22,872 (2010) w/o interest IRS — Megan and I $29,570.00 (2012) 5. Provide copies of supporting documentation with regard to each item listed in response to Interrogatory #5 of Interrogatories by Plaintiff Directed to Defendant (Second Set). 6. Provide an account statement covering the period involving February 9, 2009 with regard to the Members 1st Account 224231; if the account was opened after February 9, 2009 then provide the first account statement. VERIFICATION I verify that the statements made in the foregoing Answers to Document Requests are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Anthanasios Peslis CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail on the date indicated below: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 z 1� Mark F. Bayley, E wire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 VERIFICATION Mark E. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: IIvfArS Mark F. Bayley, Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Dated: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 3'-- Z "-S. -- I (4 Mark F. Bayley, Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 RULE TO SHOW CAUSE AND NOW, this 7 day of , 2014, a Rule is entered upon the Defendant to show cause why, if any, the relief requested in Plaintiff's Motion to Compel Discovery Pursuant to Pa.R.C.P. 4019 should not be granted. Said Rule shall be returnable z a day czia" cc: ark F. Bayley, Esquire Peter R. Henninger, Jr., Esquire kr /72.41.1 BY T COURT: evin A. Hess C_ - (.A.) C) 4 DIANA L. Pg81-4UN 30 PH 2: 53 PlaintfMt f PENNSYLVANIA`�1NC vs. ANTHANASIOS PESLIS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Defendant : NO. 2009-708 - IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is involved with the above captioned matter. 2. The Movant is the Plaintiff. 3. The Respondent is the Defendant. 4. Movant forwarded discovery requests including interrogatories and document requests to Respondent's counsel on December 12, 2013; said requests were follow-up requests based upon the Respondent's responses to initial document requests and interrogatories. 5. After receiving no responses the Movant filed her Motion to Compel Discovery Pursuant to Pa.R.C.P. 4019 on May 23, 2014. • 6. By Order executed June 2, 2014 the Honorable Kevin A. Hess issued a Rule upon the Defendant to show cause why the Plaintiff's motion should not be granted; the Rule was set to be returnable 20 days after service. 7. Almost one month has elapsed since said Rule was issued without any response and/or communication whatsoever from the Respondent. 8. The Respondent has not exercised due diligence with regard Movant's discovery requests. 9. An Order directing that responses be made is now appropriate. WHEREFORE, the Movant requests that the Court's Rule be made absolute and that the Respondent be directed to respond to Movant's discovery requests by a date certain or otherwise be subject to sanctions. Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 b - i q Mark F. Bayley, Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE ORDER OF COURT AND NOW, this 7 ` day of , 2014, the rule to show cause issued by order entered June 2, 2014, is made absolute. The defendant is ordered and directed to provide responses to the plaintiff's document requests and interrogatories on or before d Sq , or shall otherwise be subject to sanctions which will include an order for the payment of counsel fees. BY THE COURT: r— Hon. vin A. Hess cc: "ark F. Bayley, Esquire Peter R. Henninger, Jr., Esquire Cc ES IYL�t 7/1/ -r� ti3 y 4 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE PETITION FOR A FINDING OF CONTEMPT AND ENFORCEMENT OF ORDER ENTERED JULY 7, 2014 AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is involved with the above captioned matter. 2. The Petitioner is the Plaintiff. 3. The Respondent is the Defendant. 4. The Court Order entered on July 7, 2014 states as follows: ...The defendant is ordered and directed to provide responses to the plaintiffs document requests and interrogatories on or before July 23, 2014, or shall otherwise be subject to sanctions which will include an order for the payment of counsel fees. 5. Plaintiff has received none of said discovery responses to date. 6. The Respondent is in willful contempt of the Court's directive. 7. This is the third time Respondent's failure to comply with Court directives has required Court intervention. c -a 1.--, 8. The Petitioner is unnecessary incurring attorney fees with regard to thigssu Ys �' mrn C t zr -r' rri U)o <', r -z -IC,:. Al z -Y, CD -11 - �� rl `*� N WHEREFORE, the Petitioner requests that Respondent be adjudicated in contempt of the Court's Order entered July 7, 2014, that attorney fees be awarded to Petitioner, and that further appropriate relief and/or sanctions be ordered for the purpose of compelling compliance with the July 7, 2014 Order. Respectfully submitted, SAYLEY & MANGAN Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Mark F. Bayley, E ire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: 7 -cc Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 Mark F. Bayley, Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. ANTHANASIOS PESLIS, Defendant : CIVIL ACTION - LAW : NO. 2009-708 - IN DIVORCE ORDER OF COURT AND NOW, this day of , 2014, the defendant is ordered and directed to show cause why he should not be cited in contempt. He is Q, • ordered and directed to appear for hearing on at(as 2O/V a& //' (5'in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The Court notes that an adjudication in contempt can result in a fine, imprisonment, or both. cc: V k F. Bayley, Esquire Peter R. Henninger, Jr., Esquire r�Es /rL.5_i h/Ay rn r- �A fi D BY THE COURT: 4 AL Hon. Ke in A. Hess DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C'7 vs. : CIVIL ACTION - LAW rn Q; ANTHANASIOS PESLIS, r- 3> Defendant : NO. 2009-708 - IN DIVORCE r MOTION FOR CONTINUANCE I AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and"ln Cs, {) CD support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is assigned to the within matter. 2. A hearing was previously scheduled in relation to Plaintiffs Petition for a Finding of Contempt and Enforcement of Order Entered July 7, 2014 to take place on August 22, 2014. 3. Attorneys for the parties are engaged in an attempt to resolve the matter by stipulation and agree to continue the hearing to the call of either party. 4. Peter R. Henninger Jr., Esquire, is in agreement to the within motion on behalf of the Defendant. WHEREFORE, the Plaintiff requests that the hearing scheduled for August 22, 2014 be continued to the call of either party. Respectfully submitted, BAYLEY ' • NGAN BAY LEY F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Mark F. Bayley, Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: z Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 Mark F. Bayley, Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE ORDER OF COURT AND NOW, this Z day of , 2014, upon uncontested motion by the Plaintiff, the hearing previously scheduled for August 22, 2014 in relation to Plaintiffs Petition for a Finding of Contempt and Enforcement of Order Entered July 7, 2014 is continued to the call of either party. cc: " mark F. Bayley, Esquire Peter R. Henninger, Jr., Esquire Cerex fr&_ e at,/iy BY THE COURT: Hon. in A. Hess Wd 9Z 9fV hll U DIANA L. PESLIS, Plaintiff vs. ANTHANASIOS PESLIS, Defendant fn N THE COURT OF COMMON PLEA§.7. : Er1MBERLAND COUNTY, PENNSNVANria -o (z; -<> r-= (-.) CD zr: : NO. 2009-708 - IN DIVORCE > 4-41 c,r1 : CIVIL ACTION - LAW STIPULATION The undersigned parties, by and through their counsel, agree to the following terms being entered as an Order of Court: 1. The Defendant is found to be in willful contempt of Court's Order of July 23, 2014 in that he failed to provide responses to Plaintiffs document requests and interrogatories on or before July 23, 2014. 2. The Defendant is ordered to pay $1,000 to Plaintiffs counsel; said sum represents Plaintiffs attorney fees / sanctions associated with the enforcement of the -above Order; Plaintiffs counsel acknowledges having already received said payment. 3. Plaintiffs counsel acknowledges having received the majority of requested discovery responses from the Defendant on or around August 22, 2014. 4. The Defendant shall provide to Plaintiffs counsel on or before September 22, 2014 the following documents: a. Bank statements, including but not limited to Members 1st Credit Union statements, from January 1, 2009 to present involving all accounts where lump sum SERS payments were deposited by the Defendant. b. Documents relating to number 3 of Plaintiffs second set of document requests. 5. The hearing relating to this matter which was continued to the call of either party is cancelled. Mark F. Bayley squire For Diana L. Peslis, Plaintiff Pter R. 1-IeiSiinger. Jr., Es Da For Anthanasios Peslis, Defendant y DIANA L. PESLIS, : IN THE COURT Plaintiff : CUMBERLAND vs. : CIVIL ACTION OF COMMON PLEAS COUNTY, PENNSYLVANIA - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE ORDER OF COURT AND NOW, this / 8' day of ,mike stipulation between the parties it is directed as follows: 1. The Defendant is found to be in willful contempt of Court's Order of July 23, 2014 in that he failed to provide responses to Plaintiffs document requests and interrogatories on or before July 23, 2014. 2. The Defendant is ordered to pay $1,000 to Plaintiffs counsel; said sum represents Plaintiffs attorney fees / sanctions associated with the enforcement of the above Order; Plaintiffs counsel acknowledges having already received said payment. 3. Plaintiffs counsel acknowledges having received the majority of requested discovery responses from the Defendant on or around August 22, 2014. 4. The Defendant shall provide to Plaintiffs counsel on or before September 22, 2014 the following documents: a. Bank statements, including but not limited to Members 1st Credit Union statements, from January 1, 2009 to present involving all accounts where lump sum SERS payments were deposited by the Defendant. b. Documents relating to number 3 of Plaintiffs second set of document `; .77 requests. 5. The hearing relating to this matter which was continued to the call of either party is cancelled. cc. " l rk F. Bayley, Esq. Peter R. Henninger, Jr.., Esq. IES PULL BY THE COURT: Hon. Kev 1 A. Hess DIANA L. PESLIS, Plaintiff vs. ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - :. N THE COURT :CUMBERLAND : CIVIL ACTION c OF COMMON PLEA COUNTY, PENNSVg%AI v 23 - LAW IN DIVORCE v ci STIPULATION The undersigned parties, by and through their counsel, agree to the following terms being entered as an Order of Court: 1. The Defendant is found to be in willful contempt of Court's Order of July 23, 2014 in that he failed to provide responses to Plaintiffs document requests and interrogatories on or before July 23, 2014. 2. The Defendant is ordered to pay $1,000 to Plaintiffs counsel; said sum represents Plaintiffs attorney fees / sanctions associated with the enforcement of the above Order; Plaintiffs counsel acknowledges having already received said payment. 3. Plaintiffs counsel acknowledges having received the majority of requested discovery responses from the Defendant on or around August 22, 2014. 4. The Defendant shall provide to Plaintiffs counsel on or before September 22, 2014 the following documents: a. Bank statements, including but not limited to Members 1st Credit Union statements, from January 1, 2009 to present involving all accounts where lump sum SERS payments were deposited by the Defendant. b. Documents relating to number 3 of Plaintiffs second set of document requests. 5. The hearing relating to this matter which was continued to the call of either party is cancelled. ark F. Bay ey squire For Diana L. Peslis, Plaintiff Peter R. ei linger, Jr., Es)a1re Da For Anthanasios Peslis, Defendant DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA :> vs. : CIVIL ACTION - LAW �' -..-,i: L ,r ANTHANASIOS PESLIS *= r— -- Defendant : NO. 2009-708 — IN DIVORCE -.4.'::1- j= MOTION TO COMPEL DISCOVERY PURSUANT TO Pa. R.C.P. 40L9 ' c;'? .57 -7_ �,.) AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and -in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess has previously been involved with the above captioned matter. 2. The Movant is Diana L. Peslis, Plaintiff. 3. The Respondent is Anthanasios Peslis, Defendant. 4. The Movant filed a divorce complaint on February 10, 2009 requesting equitable distribution, alimony, alimony pendente lite, and attorney fees/costs. 5. Said divorce action was bifurcated by Order entered April 28, 2011; the Court retained jurisdiction of the above claims. 6. A divorce decree was entered on November 16, 2011 which notes that the above claims were preserved. 7. Movant forwarded a single follow-up interrogatory (attached as "Exhibit A") to Respondent's counsel on November 11, 2014. 8. Said interrogatory requests information necessary to value a large gun collection that the Respondent amassed during the course of the parties' marriage. 9. The discovery request was made pursuant to Pa.R.C.P. 4009.11. 10. Movant has received no response to said discovery request to date. 11. Pursuant to Pa.R.C.P. 4019 this Honorable Court has the authority to order compliance with discovery and to award counsel fees. 12. The Respondent has a history of failing to comply with discovery requests and Court directives in general. 13. The Movant filed a previous motion to compel responses to its initial set of discovery requests; the Court set a deadline for responses to be submitted which the Respondent ignored; the Court then set a date for argument to determine "why discovery sanctions, including contempt, ought not be imposed"; the Respondent avoided an adjudication of contempt by providing discovery responses on the day of the scheduled argument. 14. The Respondent was subsequently found to be in willful contempt for failing to abide by subsequent Court directives on two separate occasions by Orders entered April 25, 2014 and September 18, 2014. 15. It has become apparent that the Respondent will not cooperate in the discovery process or otherwise without compulsion. WHEREFORE, the Movant request the Respondent to be directed to respond to the discovery request and to pay her counsel fees incurred with regard to the preparation and litigation of the within motion. Respectfully su BAY EY ed, GAN Mark F. Bayley, Esqu e Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esq i're DIANA PESLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-708 CIVIL TERM ANTHANASIOS PESLIS, : CIVIL ACTION — AT LAW Defendant : DIVORCE INTERROGATORY BY PLAINTIFF DIRECTED TO DEFENDANT (THIRD SET) To: Anthanasios Peslis C/O Peter R. Henninger, Jr., Esq. 339 West Governor Road, Ste 201 Hershey, PA 17033 Plaintiff, by and through her counsel, hereby propound the following interrogatories pursuant to the Pennsylvania Rules of Civil Procedure. You must serve written response to these interrogatories on Mark F. Bayley, Esquire at 17 West South Street, Carlisle, PA 17013, within thirty days of service of these interrogatories. Instructions The following interrogatories require you to provide information in your possession, custody or control, including information known to your employees and agents (including your attorney(s)). Each of the following interrogatories is a separate interrogatory. In the event a given interrogatory contains subparts, you are to respond to each subpart separately and in full. If you object to any interrogatory, please state the objection and fully set forth the factual basis supporting the objection. You are reminded that you may be deemed to have waived any objection that is not timely lodged within the 30 -day period prescribed by the Pennsylvania Rules of Civil Procedure. Absent a legitimate claim of privilege or o (1* EXHIBIT l legal objection sufficient to support a decision not to respond to an interrogatory, you must respond fully and completely to each of the following interrogatories. When asked to "describe in detail" any act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure, your response must include, without limitation, the following information with respect to each act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure: a. The identities of the parties involved; b. A detailed factual description and/or substance of the act, event, communication, meeting, conversation, discussion, operation, practice, process, and/or procedure, including the content of the communication, meeting, conversation, discussion and/or comment, and your response thereto, if any; c. The dates of each act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure; d. All witnesses to the act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure; and e. Any documents that relate to or confirm the act, event, communication, meeting, conversation, discussion, comment, operation, practice, process, and/or procedure. When asked to "identify" (or any variant thereof) an individual(s), your response should include, without limitation, the following information with respect to each individual identified: a. Full name, or, if not known, such sufficient descriptions so that he or she will be identified to the recipients of your answer; b. Present or last known employer or other business affiliation; c. Present of last known title or position; d. Present or last known (with indication of the date of that last knowledge) home or residence address; e. Present or last known (with indication of the date of that knowledge) business address; and f. Business telephone number, if any, and residence telephone number. Once a person has been identified, only the name of the person need to be listed in response to subsequent interrogatories requesting the identity of that person. When asked to "identify" (or any variant thereof) a corporation, partnership, proprietorship, association or other entity, your response should include, without limitation, the following information with respect to each corporation, partnership, proprietorship, association or other entity identified: a. The type of document (e.g. memorandum, letter, employment application, etc.); b. It's date, or if no date appears on its face, the approximate date on which it was prepared; c. The identity of its author and, if different, the originator and signatory; d. The title, heading or other designation, numerical or otherwise, of the document; e. The identity of each addressee or recipient, or the identity of each person (or, if widely distributed, the organization or classes or persons) to whom the document was sent; f. The present or last known location of the document and of each copy; g. The identity of the person presently having custody of it; and h. A detailed description of the substance of the document. If any such document was, but no longer is, in your possession or subject to your control, identify it as set forth herein and state the disposition of the document, the reason for such disposition and the date of the disposition. If you cannot fully respond to the following interrogatories after exercising due diligence to secure the information necessary to do so, respond to the fullest extent possible, specifying your inability to answer the specific portion of the interrogatory you cannot answer and providing whatever information or knowledge you have concerning the unanswered portions. Finally, the following interrogatories are continuing in nature; your responses must be promptly modified and/or supplemented in the event that information you would have otherwise provided in your responses is obtained subsequent to the service of your responses and prior to the conclusion of trial. Definitions The following definitions shall apply to term used throughout these interrogatories and such terms should construed consistent with the following definitions unless the context in which the term is used clearly calls for a different construction. The interrogatories herein are intended to be broad enough to capture all information that may be of potential relevance to the subject matter of the interrogatory. In the event an interrogatory is subject to multiple interpretations, you should interpret the request according to its broadest reasonable construction. For example, you should, in all instances, construe verbs used in the singular as including their plural; construe the terms "and" and "or" as meaning "and/or"; construe any gender-specific pronouns as including all other gender -specific pronouns; and construe the terms "any", "each", "all" and "every" as meaning "any/each/all/every". As used throughout these interrogatories, the two "document" shall refer to and/or mean any and all written, printed, typed, recorded, or graphic matter, however produced, preserved or reproduced, including, but not limited to, correspondence, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, certificates, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control of the original) currently in your possession, custody , or control, or in the possession, custody, or control of your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. The term "document" specifically includes data preserved in electronic form of any variety, including, but not limited to, files stored on hard drives, network attached storage (NAS) drives, cloud storage, web storage, floppy disks, compact discs, digital versatile discs (DVDs) blue -ray discs (BDs), flash drives, zip drives, tape drives, memory cards, SIM cards, memory sticks, tape backup units, audio tapes, and/or digital audio recorders, as well as files, information and/or commentary for which you are responsible that appears or its stored in any location accessible via the internet, including, but not limited to, LLC websites, blogs, forums, and/or chat rooms. The term "communication" as used herein shall refer to and/or mean the transmittal or receipt of information by any means, the process of transmittal or receipt, and the information transmitted or received. The term "person" as used herein shall refer to and/or mean any individual, partnership, joint venture, firm, association,,corporation, franchisee or business or any other governmental or legal entity. The term "relate to", "relatedto", "relating to", or "in relation to" shall be broadly construed to rnclude the COneeptS repggellied4theiffzillOwirig terms and ‘.. phrases; associated with, in connection with; referring td,eorititiiting; reflecting, representing, supporting, contradicting , stating, describing, recording, noting, memorializing, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, relevant to, and/or pertaining to. As used herein, the term "concerning" means relating to, referring to, describing, evidencing or constituting. The terms "you" and "your" shall refer any and all agents and/or employees of the Defendant. VERIFICATION I verify that the statements made in the foregoing Answer to Interrogatory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Anthanasios Peslis CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class Mail on the date indicated below: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 r Mark F. Bayley, Esquire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Dated: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 Mark F. Bayley, Es uire INTERROGATORY 1. List each and every firearm that you owned as of February 9, 2009. Include a specific make and model for each firearm listed. Include the approximate date each firearm listed was acquired. Include whether or not each listed firearm is still in your possession; for each fireann not in your possession describe in detail where it was transferred to and under what circumstances. ANSWER: DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 RULE TO SHOW CAUSE AND NOW, this 16•' day of , 2014, a Rule is entered upon the Defendant to show cause why, if any, the relief requested in Plaintiff's Motion to Compel Discovery Pursuant to Pa.R. C.P. 4019 should not be granted. Said Rule shall be returnable 1 a7'141 --f 4 /Z */24" " cc: " l rk F. Bayley, Esquire Peter R. Henninger, Jr., Esquire Copses TT? BY THE COURT: 4 Hon. vin A. Hess r-- C..,.7 --H cD' `i DIANA L. PESLIS, Plaintiff vs. ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE : IN THE COURT OF COMMON PLE : CUMBERLAND COUNTY, PENNSY A IA : CIVIL ACTION - LAW .,z`" MOTION TO MAKE RULE ABSOLUTE Ci AND NOW, comes the Plaintiff by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is involved with the above captioned matter. 2. The Movant is the Plaintiff. 3. The Respondent is the Defendant. 4. Movant forwarded a single follow-up interrogatory to Respondent's counsel on November 11, 2014. 5. After receiving no response the Movant filed her Motion to Compel Discovery Pursuant to Pa.R.C.P. 4019 on December 12, 2014. 6. By Order executed December 16, 2014 the Honorable Kevin A. Hess issued a Rule upon the Defendant to show cause why the Plaintiff's motion should not be granted; the Rule was set to be returnable 20 days after service. 7. Over 20 days has elapsed since said Order was forwarded to Respondent's counsel and Movant has received no response to the outstanding discovery request or any other communication from Respondent. 8. The Respondent has not exercised due diligence with regard Movant's discovery request. 9. An Order directing that response be made is now appropriate. WHEREFORE, the Movant requests that the Court's Rule be made absolute and that the Respondent be directed to respond to Movant's discovery request by a date certain or otherwise be subject to sanctions. Respectfully submitted, BAYLEY & ► . . GAN Mark F. Bayley, E •wire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esquir DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Peter R. Henninger, Jr., Esquire 339 West Governor Road, Ste 201 Hershey, PA 17033 ark F. Bayley, Es ire DIANA L. PESLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ANTHANASIOS PESLIS, Defendant : NO. 2009-708 - IN DIVORCE ORDER OF COURT AND NOW, this Z day of , 2015, the rule to show cause issued by order entered December 16, 2014 is made absolute. The defendant is ordered and directed to provide a response to the plaintiff's interrogatory on or before �% 2 7/ z• 's , or shall otherwise be subject to sanctions which will include an order66for the payment of counsel fees. cc: " rk F. Bayley, Esquire q Peter R. Henninger, Jr., Esquire ISS /12.4 BY THE COURT: AL Hon. ' vin A. Hess