HomeMy WebLinkAbout06-51950
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. : CIVIL ACTION -LAW
: IN 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 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 the 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, 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 LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, Is corte tomara medidas
y pueda entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. OG- S79f
: CIVIL ACTION -LAW
: IN DIVORCE
COMPLAINT FOR DIVORCE UNDER SECTION 3301(C)
OF THE DIVORCE CODE ALIMONY ALIMONY PENDENTE LITE AND
EQUITABLE DISTRIBUTION
AND NOW, comes the above-named Plaintiff, Leslie A. Shaw, by her attorney, Mark A.
Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon
the grounds hereinafter more fully set forth. as well as joint legal and primary physical custody of
Carlie Antes, born September 15, 1998 and Elizabeth Antes, born January 2, 2001.
COUNTI
DIVORCE UNDER SECTION 3301(C)
OF THE DIVORCE CODE
Plaintiff is LESLIE A. SHAW, hereinafter "Mother," an adult individual who
currently resides at 8 Lennon Lane, Carlisle, Cumberland County, Pennsylvania 17015.
2. All legal papers may be served on Plaintiff by service on her to Attorney, Mark A.
Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007.
Defendant is BRADLEY A. ANTES, hereinafter "Father," an adult individual who
has a temporary residence at an undisclosed location in Afghanistan, with a mailing address of
w
Brad Antes, General Delivery, APO, AE 09356.
4. Defendant, Bradley A. Antes, corresponds regularly through his e-mail address of
antesbrad(akomcast.net. Defendant is able to receive attached documents through this e-mail
address.
5. Defendant is scheduled to return to Cumberland County in late September of 2006.
6. Plaintiff intends to file any and all legal papers on Defendant both by the above-
referenced e-mail address and in person service upon Defendant's return to Cumberland County.
Plaintiff and Defendant are bona fide residents of the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
8. The Plaintiff and Defendant were married on June 15, 1996, in Carlisle,
Pennsylvania.
9. There have been no prior actions of divorce or for annulment of marriage between
the Parties in this or any other jurisdiction.
10. The marriage is irretrievably broken. Husband has carried on an extra marital
relationship during the marriage with a woman who resides in Carlisle, Pennsylvania.
11. Neither the Plaintiff nor the Defendant are presently members of the armed
services of the United States or any of its allies. Defendant served in the Army Reserves.
12. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
13. Plaintiff requests the Court to enter a Decree of Divorce.
COUNT II
REQUEST FOR ALIMONY PENDENTE LITE
AND ALIMONY UNDER 3104, 3323, 2701, 3702 and 3704
OF THE DIVORCE CODE
14. Paragraphs 1 through 13 above are incorporated herein by reference.
15. Plaintiff is unable to sustain herself during the course of litigation.
16. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to
sustain herself through appropriate employment.
17. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to
Plaintiff.
WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite
until a final hearing and thereupon to enter an Order of alimony in favor of Plaintiff.
COUNT III
EQUITABLE DISTRIBUTION
18. Paragraphs 1 through 19 above are incorporated herein by reference.
19. Plaintiff and Defendant are the owners of various items of real property, personal
property, furniture and household furnishings that may be subject to equitable distribution by this
Court.
20. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts,
investments, insurance policies and retirement benefits which may be subject to equitable
distribution by this Court.
21. Plaintiff and Defendant are co-debtors on various debts which may be subject to
equitable distribution by this Court.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Equitably distributing all property owned by the parties hereto;
C. In the event that a written Separation Agreement is reached between the parties
hereto prior to the time of hearing on this Complaint, Plaintiff respectfully
requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the
Court approve and incorporate, but not merge such Agreement in the Final
Divorce Decree;
d. For such further relief as the Court may determine equitable and just.
Respectfully submitted,
oukc
Mark A. Mateya
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Attorney for Plaintiff
Dated:
VERIFICATION
I, LESLIE A. SHAW, verify that the facts set forth in the foregoing Pleading 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. § 4904, relating to unworn falsification to authorities.
DATED: q S (D(P ate`"""- - Ct'.
LESLIE A. SHAW
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LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04. - SiQ6' etl;? 7;4.-
: CIVIL ACTION -LAW
: IN CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you 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 the 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, 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 LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dias de plain al partir de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita o en persona o por abogado y archivar en In corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas
y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
01
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 4 G T/ 4 S ,. P Tc..•_
BRADLEY A. ANTES, CIVIL ACTION -LAW
Defendant : IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, comes the above-named Plaintiff, Leslie A. Shaw, by her attorney, Mark A.
Mateya, Esquire, and seeks joint legal and primary physical custody of Carlie Antes, born
September 15, 1998 and Elizabeth Antes, born January 2, 2001.
1. Plaintiff and Defendant are parents of Carlie Antes, born September 15, 1998 and
Elizabeth Antes, born January 2, 2001, who currently resides at 8 Lennon Lane, Carlisle,
Cumberland County, Pennsylvania 17015.
2. The children Carlie Antes and Elizabeth Antes were born in wedlock.
3. The children are presently in the custody of Mother at 8 Lennon Lane, Carlisle,
Cumberland County, Pennsylvania 17015.
4. During the past five years the children have resided with the following persons at the
following addresses:
A. At 8 Lennon Lane, Carlisle, Cumberland County, Pennsylvania 17015 with
Mother and Father.
5. The father of the children, Bradley A. Antes, is currently residing at an undisclosed
location in Afghanistan, and he is married. Father has a mailing address of Brad Antes, General
Delivery, APO, AE 09356
6. The Mother of the children, Leslie A. Shaw, is currently residing at 8 Lennon Lane,
Carlisle, Cumberland County, Pennsylvania 17015, and she is married.
7. The relationship of the Plaintiff to Carlie Antes and Elizabeth Antes is that of natural
mother.
8. The relationship of the Defendant to Carlie Antes and Elizabeth Antes is that of
natural father.
9. The Plaintiff has not participated as a party or a witness, or in any other capacity, in
other litigation concerning the custody of the children in this or another Court.
10. Plaintiff has no information of a custody proceeding concerning the children pending
in a Court of this Commonwealth or any other state.
11. Plaintiff does not know of a person not a party to this custody proceeding who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
12. The best interests and permanent welfare of the children will be served by granting
the relief requested because:
a. Plaintiff is the mother of the children
b. Plaintiff and Defendant are presently seeking a divorce.
c. Plaintiff has been the primary care giver of the children since their birth.
d. Defendant is unable to independently care for the children.
e. Defendant is presently in Afghanistan and has no plans to return permanently
to the United States in the near future;
f. Defendant works outside of the United States and Plaintiff is, therefore,
concerned that Defendant is a risk of flight with the children.
WHEREFORE, Plaintiff requests this Honorable Court to grant joint legal custody of
the children to the Plaintiff and Defendant and to grant physical custody of the children to the
Plaintiff with Defendant having limited visitation and/or partial physical custody as this
Honorable Court sees fit, in the Central Pennsylvania area.. Defendant will be in the Carlisle
area during September of 2006.
Respectfully submitted,
4J
Mark A. Mateya
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
O 6 Attorney for Plaintiff
Dated: (p
VERIFICATION
I, LESLIE A. SHAW, verify that the facts set forth in the foregoing Pleading 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. § 4904, relating to unsworn falsification to authorities.
DATED: C1 15-1 0 (p Vim- It"
LESLIE A. SHAW
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LESLIE A. SHAW IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V, 06-5195 CIVIL ACTION LAW
BRADLEY A. ANTES
DEFF,NDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, September 13, 2006 __, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on
Friday, October 13, 2006 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age Five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By, /s/ Hubert X. Gilroy, Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
6/7.
NOV 0 2 2006 /.?
LESLIE A SHAW, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
BRADLEY A. ANTES, NO. 06-5195
Defendant IN CUSTODY
COURT ORDER
AND NOW, this J l? day of November, 22006, the Conciliator being advised the
parties have reached an agreement, the Conciliator relinquishes jurisdiction.
Hubert X. ilroy, Esquire
Custody onciliator
EIYf? ' aAl no
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LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V. NO. 06-5195
BRADLEY A. ANTES, : CIVIL. ACTION -LAW
Defendant : IN DIVORCE
STIPULATION FOR CUSTODY
r4
This Stipulation made this Z?day of Q 2006, by and between Leslie
A. Shaw (hereinafter "Mother") and Bradley A. Antes (hereinafter "Father"). The parties do
hereby stipulate and agree to the entry of a Custody Order regarding their minor children,
Carlie Antes, date of birth: 9/15/98, and Elizabeth Antes, date of birth: 1/2/01 (hereinafter
"children").
1. Legal Custody: Mother and Father shall have shared legal custody of the
children. The parties agree that major decisions concerning their children including, but not
necessarily limited to, the children's health, welfare, education, religious training and
upbringing shall be made by them jointly, after discussion and consultation with each other,
with a view toward obtaining and following a harmonious policy in their children's best
interests.
2. Primary Physical Custody: Mother shall have primary physical custody of the
children, subject to periods of partial custody to be exercised by Father by agreement of the
parties when he is in the Central Pennsylvania area.
3. Restrictions on Travel: Neither party shall take the children outside of the State
•
•
of Pennsylvania without seven days written notice to the other party. Furthermore, neither party
shall take the children outside of the United States without prior written approval from the other
party.
4. Jurisdiction and Venue: The parties agree that the Cumberland County Court of
Common Pleas presently has jurisdiction and is the proper venue of any dispute whatever
involving the custody of the Children. The parties further agree that they will abide by the
Uniform Custody Jurisdiction Act with regard to any future litigation involving the custody of
the children.
IN WITNESS WHEREOF, the parties hereto have executed, sealed, and acknowledged
this agreement on the day and year above-written.
Mark A. Mateya, Es i e
Attorney for Plaintiff
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Leslie A. Shaw
Plaintiff
Bradley A. Antes
Defendant
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LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
• ova o12007
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195
CIVIL ACTION -LAW
IN DIVORCE
ORDER
AND NOW, this q day of , 2007, it is hereby
ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this
Court and said Stipulation is adopted in its entirety and incorporated here as an Order of Court.
BY THE COURT:
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LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195
: CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
PLAINTIFF'S MOTION FOR FORCED SALE OF THE MARITAL HOME
AND EQUITABLE DISTRIBUTION OF THE PROCEEDS THEREFROM
AND NOW, comes the above-named Plaintiff, Leslie A. Shaw, by her attorney, Mark A.
Mateya, Esquire, and seeks to obtain a forced sale of the marital home, and avers the following:
1. An action in Divorce, Alimony, Alimony Pendente lite and Equitable Distribution
was filed in this Court on September 7, 2006. A copy of said Complaint is attached hereto as
Exhibit "A" and is incorporated herein by reference.
2. Plaintiff has filed a request for Partial Distribution of Martial Property, according
to 23 PaCS 3502(f) concurrently with this pleading.
3. Plaintiff and Defendant jointly own a property 8 Lennon Lane, Carlisle, Pa 17015
(hereinafter "Marital Property").
4. The Marital Property is encumbered, as against both Plaintiff and Defendant, by a
Mortgage and a Home Equity Line of Credit. Recent statements of the Mortgage and HELOC are
attached as Exhibit B.
5. Defendant, Bradley A. Antes, corresponds regularly through his e-mail address of
antesbradkcomcast.net. Defendant regularly receives attached documents through this e-mail
address.
1
6. Plaintiff has made clear to Defendant that she does not wish to retain the marital
property as her own.
7. Plaintiff has repeatedly asked Defendant his intentions concerning the marital
property; whether he wishes to sell it and make the proceeds available for equitable distribution,
own it as his own in his own name, or to rent it out .
8. Plaintiff believes and therefore avers that realtor Susan Stewart of Ebener Realty
has sent physical mail and email to Defendant information on or about March 5, 2007,
concerning refinancing the marital property in his own name as well as physical mail and email
information concerning listing the home for sale.
9. On or about May 1, 2007, Plaintiff informed Defendant that in light of his not
having made his intentions known to her concerning the marital property, she intended to list the
martial property for rent unless she heard from him otherwise.
10. On May 24, 2007, Plaintiff's counsel contacted Defendant's counsel, asking that
his client take some definitive action or position concerning the marital property. See Exhibit C.
11. The correspondence of May 24, 2007, from Plaintiff's counsel to Defendant's
counsel reiterated the position which Plaintiff had relayed to Defendant in past phone
conversations, that she would not agree to allow the present loans, which encumber both Plaintiff
and Defendant, to continue, and to have Defendant alone continue to make the mortgage and
Home Equity Loan payments on the existing loans.
12. Prior to May 24, 2007, Defendant's counsel relayed to Plaintiff s counsel that his
client did not wish to rent or to list for third-party sell the marital home, with no other discussion
of how he wished to proceed, only the restrictions mentioned.
2
13. As of the time of the filing of this pleading, Defendant has not responded to
Plaintiff's counsel's request of May 24, 2007, or to Plaintiff's repeated requests that Defendant
take some action with regard to the house.
14. Plaintiff is moving out of the marital property by June 9, 2007.
15. Defendant is in Pennsylvania at the present time and for an undetermined amount
of time; Defendant has phoned the couple's children and told them that he would be "home"
soon.
16. Plaintiff wishes to move the divorce forward, including the disposal of the marital
home as described above.
WHEREFORE, Plaintiff requests This Honorable Court enter an Order granting the sale
of the marital property with the proceeds to be held in escrow until the final equitable distribution
of the marital estate.
Respectfully submitted,
r
Mark A. Mateya
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
G? ?l Attorney for Plaintiff
Dated: lP (/
3
VERIFICATION
I, LESLIE A. SHAW, verify that the facts set forth in the foregoing Motion for the Forced
Sale of the Marital Home 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. § 4904,
relating to unsworn falsification to authorities.
DATED: iaAxl, -
LESLIE A. SHAW
LESLIE A. SHAW,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. NO.
BRADLEY A. ANTES,
Defendant
: CIVIL ACTION -LAW
: IN DIVORCE
C
i.
NOTICE TO DEFEND AND CLAIM RIGHTS
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:1=)
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 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 the 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, 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 LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas
y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH T
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO.
BRADLEY A. ANTES, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
COMPLAINT FOR DIVORCE UNDER SECTION 3301(C)
OF THE DIVORCE CODE, ALIMONY, ALIMONY PENDENTE LITE, AND
EQUITABLE DISTRIBUTION
AND NOW, comes the above-named Plaintiff, Leslie A. Shaw, by her attorney, Mark A.
Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon
the grounds hereinafter more fully set forth. as well as joint legal and primary physical custody of
Carlie Antes, born September 15, 1998 and Elizabeth Antes, born January 2, 2001.
COUNTI
DIVORCE UNDER SECTION 3301(_Q
OF THE DIVORCE CODE
1. Plaintiff is LESLIE A. SHAW, hereinafter "Mother," an adult individual who
currently resides at 8 Lennon Lane, Carlisle, Cumberland County, Pennsylvania 17015.
2. All legal papers may be served on Plaintiff by service on her to Attorney, Mark A.
Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007.
3. Defendant is BRADLEY A. ANTES, hereinafter "Father," an adult individual who
has a temporary residence at an undisclosed location in Afghanistan, with a mailing address of
1
Brad Antes, General Delivery, APO, AE 09356.
4. Defendant, Bradley A. Antes, corresponds regularly through his e-mail address of
antesbrad(ucomcast.net. Defendant is able to receive attached documents through this e-mail
address.
5. Defendant is scheduled to return to Cumberland County in late September of 2006.
6. Plaintiff intends to file any and all legal papers on Defendant both by the above-
referenced e-mail address and in person service upon Defendant's return to Cumberland County.
7. Plaintiff and Defendant are bona f de residents of the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
8. The Plaintiff and Defendant were married on June 15, 1996, in Carlisle,
Pennsylvania.
9. There have been no prior actions of divorce or for annulment of marriage between
the Parties in this or any other jurisdiction.
10. The marriage is irretrievably broken. Husband has carried on an extra marital
relationship during the marriage with a woman who resides in Carlisle, Pennsylvania.
11. Neither the Plaintiff nor the Defendant are presently members of the armed
services of the United States or any of its allies. Defendant served in the Army Reserves.
12. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
13. Plaintiff requests the Court to enter a Decree of Divorce.
2
COUNT II
REQUEST FOR ALIMONY PENDENTE LITE
AND ALIMONY UNDER 3104, 3323, 2701, 3702 and 3704
OF THE DIVORCE CODE
14. Paragraphs 1 through 13 above are incorporated herein by reference.
15. Plaintiff is unable to sustain herself during the course of litigation.
16. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to
sustain herself through appropriate employment.
17. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to
Plaintiff.
WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite
until a final hearing and thereupon to enter an Order of alimony in favor of Plaintiff.
COUNT III
EQUITABLE DISTRIBUTION
18. Paragraphs 1 through 19 above are incorporated herein by reference.
19. Plaintiff and Defendant are the owners of various items of real property, personal
property, furniture and household furnishings that may be subject to equitable distribution by this
Court.
20. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts,
investments, insurance policies and retirement benefits which may be subject to equitable
distribution by this Court.
3
21. Plaintiff and Defendant are co-debtors on various debts which may be subject to
equitable distribution by this Court.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Equitably distributing all property owned by the parties hereto;
C. In the event that a written Separation Agreement is reached between the parties
hereto prior to the time of hearing on this Complaint, Plaintiff respectfully
requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the
Court approve and incorporate, but not merge such Agreement in the Final
Divorce Decree;
d. For such further relief as the Court may determine equitable and just.
Respectfully submitted,
"k - Ll? -,
Mark A. Mateya
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Attorney for Plaintiff
- q lot, Dated:
4
VERIFICATION
I, LESLIE A. SHAW, verify that the facts set forth in the foregoing Pleading 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. § 4904, relating to unsworn falsification to authoritiet,.
DATED: q b5l 0 (P
LESLIE A. SHAW
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5195
BRADLEY A. ANTES, CIVIL ACTION -LAW
Defendant IN DIVORCE AND CUSTODY
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Motion for the Forced Sale of
the Marital Home on the following person(s) by depositing a true and correct copy of the same in
the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County,
Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Dated: ? ? V T
*Cell_
Mark A. Mateya, Esquir
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
6
C-)
7l
f rn m
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195
: CIVIL ACTION - LAW
: IN DIVORCE AND CUSTODY
PLAINTIFF'S FIRST REQUEST FOR PARTIAL DISTRIBUTION OF
MARITAL PROPERTY ACCORDING TO 23 PA.C.S. 3502(f)
AND NOW, comes the above-named Plaintiff, Leslie A. Shaw, by her 4ttorney, Mark A.
Mateya, Esquire, and seeks to obtain a partial distribution of marital property, according to the 23
Pa.C.S. 3502(f), and avers the following:
1. An action in Divorce, Alimony, Alimony Pendente lite and Equitable Distribution
was filed in this Court on September 7, 2006. See Exhibit A.
2. Defendant is presently residing in either Afghanistan or DuBai.
3. Defendant and Plaintiff use both phone and email as means of communication.
4. Defendant, Bradley A. Antes, corresponds regularly through his e-mail address of
antesbradgcomcast.net. Defendant regularly receives attached documents through this e-mail
address.
5. Plaintiff and Defendant agreed to a partial distribution of marital property
(personal property) in a phone conversation on or about March 11, 2007.
6. Plaintiff confirmed the above referenced conversation with Defendant through an
email on or about March 30, 2007. A copy of same is attached hereto as Exhibit "B"'and is
incorporated herein by reference.
1
7. Plaintiff avers that all of the property so listed as part of Exhibit B is able to be
disposed of between Plaintiff and Defendant, without ramification or claim by any third party.
8. Plaintiff is relocating out of the joint marital home by the weekend of June 9 - 10
of 2007.
9. - Defendant will be in the local area for an undetermined amount of time, believed
to include the weekend of June 9 - 10, 2007.
WHEREFORE, Plaintiff requests This Honorable Court enter an Order granting a partial
distribution of the personal marital property according to the agreement of the parties, as
evidenced in the foregoing petition.
Respectfully submitted,
kA?`
Mark A. Mateya
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Attorney for Plaintiff
Dated:
2
VERIFICATION
I, LESLIE A. SHAW, verify that the facts set forth in the foregoing Petition for Partial
Distribution of Marital Property 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. §
4904, relating to unsworn falsification to authorities.
DATED: ?J 110-7
LESLIE A. SHAW
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. -;,
B77
CIVIL ACTION -LAW '
RADLEY A. ANTES,
Defendant IN DIVORCE '
y
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 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 the 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, 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 LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
(717) 249-3166
Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de is demanda y la notificacion. Usted debe
presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si usted no se def+ende, la corte tomara medidas
y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH T
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO.
BRADLEY A. ANTES, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT FOR DIVORCE UNDER SECTION 3301(C)
OF THE DIVORCE CODE, ALIMONY. ALIMONY PENDENTE LITE. AND
EQUITABLE DISTRIBUTION
AND NOW, comes the above-named Plaintiff, Leslie A. Shaw, by her attorney, Mark A.
Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon
the grounds hereinafter more fully set forth. as well as joint legal and primary physical custody of
Carlie Antes, born September 15, 1998 and Elizabeth Antes, born January 2, 2001.
COUNTI
DIVORCE UNDER SECTION 3301(Q
OF THE DIVORCE CODE
1. Plaintiff is LESLIE A. SHAW, hereinafter "Mother," an adult individual who
currently resides at 8 Lennon Lane, Carlisle, Cumberland County, Pennsylvania 17015.
2. All legal papers may be served on Plaintiff by service on her to Attorney, Mark A.
Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007.
3. Defendant is BRADLEY A. ANTES, hereinafter "Father," an adult individual who
has a temporary residence at an undisclosed location in Afghanistan, with a mailing address of
1
Brad Antes, General Delivery, APO, AE 09356.
4. Defendant, Bradley A. Antes, corresponds regularly through his e-mail address of
antesbradncomcast.net. Defendant is able to receive attached documents through this e-mail
address.
5. Defendant is scheduled to return to Cumberland County in late September of 2006.
6. Plaintiff intends to file any and all legal papers on Defendant both by the above-
referenced e-mail address and in person service upon Defendant's return to Cumberland County.
7. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
8. The Plaintiff and Defendant were married on June 15, 1996, in Carlisle,
Pennsylvania.
9. There have been no prior actions of divorce or for annulment of marriage between
the Parties in this or any other jurisdiction.
10. The marriage is irretrievably broken. Husband has carried on an extra marital
relationship during the marriage with a woman who resides in Carlisle, Pennsylvania.
11. Neither the Plaintiff nor the Defendant are presently members of the armed
services of the United States or any of its allies. Defendant served in the Army Reserves.
12. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
13. Plaintiff requests the Court to enter a Decree of Divorce.
2
COUNT II
REQUEST FOR ALIMONY PENDENTE LITE
AND ALIMONY UNDER 3104, 3323, 2701, 3702 and 3704
OF THE DIVORCE CODE
14. Paragraphs 1 through 13 above are incorporated herein by reference.
15. Plaintiff is unable to sustain herself during the course of litigation.
16. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to
sustain herself through appropriate employment.
17. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to
Plaintiff.
WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite
until a final hearing and thereupon to enter an Order of alimony in favor of Plaintiff.
COUNT III
EQUITABLE DISTRIBUTION
18. Paragraphs 1 through 19 above are incorporated herein by reference.
19. Plaintiff and Defendant are the owners of various items of real property, personal
property, furniture and household furnishings that may be subject to equitable distribution by this
Court.
20. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts,
investments, insurance policies and retirement benefits which may be subject to equitable
distribution by this Court.
3
21. Plaintiff and Defendant are co-debtors on various debts which may be subject to
equitable distribution by this Court.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Equitably distributing all property owned by the parties hereto;
In the event that a written Separation Agreement is reached between the parties
hereto prior to the time of hearing on this Complaint, Plaintiff respectfully
requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the
Court approve and incorporate, but not merge such Agreement in the Final
Divorce Decree;
d. For such further relief as the Court may determine equitable and just.
Respectfully submitted,
)LIkk' Ll? -* -
Mark A. Mateya
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Attorney for Plaintiff
- q lot, Dated:
4
VERIFICATION
I, LESLIE A. SHAW, verify that the facts set forth in the foregoing Pleading 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. ` 4904, relating to unsworn falsification to authoriUiea.
DATED: Cl S O 4P ??? Q- ?"? -
LESLIE A. SHAW
Page 1 of 1
Leslie Shaw
From: "Leslie Shaw" <shawleslie@comcast.net>
To: "Brad Antes" <bradantes@yahoo.com>
Sent: Friday, March 30, 2007 4:51 AM
Subject: Distribution of the Furniture
Brad,
This is a confirmation of the email I send on 3/10/07 and the conversion we had on March 11, 2007. We agree to
the following:
Furniture Split:
Brad Leslie
Sunroom furniture kitchen table, chairs,
stools
All pictures that are his All pictures that are
mine
Living room furniture (minus toys) trunks (sunroom &
TV room)
Dining Room Table
chairs
hutch Grandfathers China
,
, Cabinet
Bedroom furniture - mattress Mattress
Office furniture Kids bedroom stuff
freezer refrigerator
old lawnmower &
Refrig in Basement some tools that were
mine before
all basement stuff that is his Gas Grill
Air Compressor TV cabinet & TV
curtains - girls rooms,
Tractor dining room, living
room
Wagon for Tractor dishes & pots &
silverware
TV room Couch furniture in spare
bedroom
TV in bedroom church pews
TV from Office all basement stuff
that is mine
Tools washer & dryer
Truck Subaru & Van
If my understanding is incorrect, please let me know. Otherwise, this email represents our verbal agreement
made during this conversation.
Be safe,
Leslie
6/3/2007
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5195
BRADLEY A. ANTES, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Request for Partial Distribution
on the following person(s) by depositing a true and correct copy of the same in the United States
Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania
addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Dated: G 4 U ?-
Mark A. Mateya, Esquir
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
5
Q
-ICY I
A
I-
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-5195
: CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
PLAINTIFF'S AMENDED MOTION FOR FORCED SALE OF
THE MARITAL HOME AND EQUITABLE DISTRIBUTION
OF THE PROCEEDS THEREFROM
AND NOW comes Plaintiff, Leslie A. Shaw, by and through her counsel, Mark A.
Mateya, Esquire, and in support avers the following:
1. Plaintiff incorporates Paragraphs 1 through 16 of the previously filed Motion for
Forced Sale of the Marital Home and Equitable Distribution of the proceeds Therefrom filed to
the above term and number.
2. According to Rule 208.3(a)(2), no Judge has ruled upon this issue in the same or
related matter.
3. Concurrence was sought of opposing counsel, J. Paul Helvy, Esquire; opposing
counsel does not concur with this Motion.
WHEREFORE, Plaintiff respectfully requests that This Honorable Court enter an Order
granting the sale of the marital property with the proceeds to be held in escrow until the final
equitable distribution of the marital estate.
Respectfully submitted,
Mark A. Mateya, Quire
Attorney ID No. 78931
P.O. Box 127
Boiling Springs PA 17007
(717) 241-6500
(717) 241-3099 Fax
Date: ? ? ? ?'
Y ?
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-5195
: CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
CERTIFICATE OF NON-CONCURRENCE
I, Mark A. Mateya, attorney for Plaintiff Leslie A. Shaw spoke with opposing counsel, J.
Paul Helvy Esquire, attorney for the Defendant, requesting his concurrence in the Plaintiff's
Motion fo rForced Sale of the Marital Home and Equitable Distribution of the Proceeds.
Attorney Helvy, indicated that he does not concur with the Motion.
Respectfully submitted,
" A . ?5t
Mark A. Mateya, E uire
Date: _7 i0l
Attorney I.D. No. 78931
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Pleading on the following
person(s) by depositing a true and correct copy of the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Dated: ill 6
? - k03??
Mark A. Mateya, Esquir
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
c'? ?' ?
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LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195
: CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
PLAINTIFF'S AMENDED FIRST REQUEST FOR PARTIAL DISTRIBUTION
OF MARITAL PROPERTY ACCORDING TO 23 PA.C.S. 3502M
AND NOW, comes the above-named Plaintiff, Leslie A. Shaw, by her attorney, Mark A.
Mateya, Esquire, and seeks to obtain a partial distribution of marital property, according to the 23
Pa.C.S. 3502(f), and avers the following:
1. Paragraphs 1 through 9 in the previously filed First Request for Partial Distribution of
Marital Property According to 23 Pa. C.S. 3502(f) are incorporated herein by reference.
2. 2. According to Rule 208.3(a)(2), no Judge has ruled upon this issue in the same or
related matter.
3. Concurrence was sought of opposing counsel, J. Paul Helvy, Esquire; opposing
counsel does not concur with this Motion.
WHEREFORE, Plaintiff requests This Honorable Court enter an Order granting a partial
distribution of the personal marital property according to the agreement of the parties, as
evidenced in the foregoing petition.
Respectfully submitted,
Date: -7
1? _6i4-
Mark A. Mateya
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Attorney for Plaintiff
1
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195
CIVIL ACTION -LAW
IN DIVORCE AND CUSTODY
CERTIFICATE OF NON-CONCURRENCE
I, Mark A. Mateya, attorney for Plaintiff Leslie A. Shaw spoke with opposing counsel, J.
Paul Helvy Esquire, attorney for the Defendant, requesting his concurrence in the Plaintiff's
Motion fo rForced Sale of the Marital Home and Equitable Distribution of the Proceeds.
Attorney Helvy, indicated that he does not concur with the Motion.
Respectfully submitted,
Date:
Mark A. Mateya, (squire
Attorney I.D. No. 78931
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Attorney for Plaintiff
4
•
LESLIE A. SHAW, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5195
BRADLEY A. ANTES, : CIVIL ACTION -LAW
Defendant : IN DIVORCE AND CUSTODY
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Amended Request for Partial
Distribution on the following person(s) by depositing a true and correct copy of the same in the
United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County,
Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Dated:
LAIA . ??
Mark A. Mateya, Esqui
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
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LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-5195
: CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
PRAECIPE TO AMEND
PLAINTIFF'S MOTION FOR FORCED SALE OF THE MARITAL HOME
AND EQUITABLE DISTRIBUTION OF THE PROCEEDS THEREFROM
AND NOW comes the above-named Plaintiff, Leslie A. Shaw, by and through her
counsel, Mark A. Mateya, Esquire, and seeks to amend the Motion for Forced Sale of the Marital
Home and Equitable Distribution of the Proceeds Therefrom and in supporravers the following:
1. Plaintiff filed a Motion for Forced Sale of the Marital Home and Equitable
Distribution of the Proceeds Therefrom to the above-term and number on June 4, 2007.
2. Paragraphs 3 and 10 refer to exhibits "B" and "C" respectively which were
inadvertently omitted from the original pleading. The referenced exhibits are attached hereto and
are incorporated herein by reference.
WHEREFORE, Plaintiff respectfully requests that the attached Exhibit "B" and Exhibit
"C" be incorporated and attached to the original pleading.
Respectfully submitted,
Mark A. Mateya, uire
Attorney ID No. 78931
P.O. Box 127
Date: -71J 7101
1 -L
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
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1 7 '1
Washington Mutual
HOME LOANS
Customer Service: Toll free 1.866.926.8937 Se habla espanol
TDD: Dial 7-1-1 for relay assistance
O For a refinance or purchase loan, call 1.866.888.5935
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#BWNCWN
}- #3900569687944594#
20070115 88P 0-25 1.2
Q BRADLEY ALAN ANTES 20015199
LESLIE ANNE SHAW
D 8 LENNON LN
17015-7686
Q
z
W Your Next Payment
e Next Payment Due: February 01, 2007
W Principal and Interest: $ 1,348.19
'- Escrow: S 432.60
Q Current Payment: $ 1,780.87
LO Total Amount Due:* $ 1,780.87
Z . Important messages
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O privacy of your information is important to us. Please take a moment
J to look at the enclosed brochure about Washington Mutual's policy
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principal, interest, and any escrow deposits and/or past-due
payments by 02/16/07 during our business hours. If this date falls on
O a weekend or holiday, your payment must be received by the next
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Please see the reverse side for Recent Account Activity.
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made directly through our autodraft system and will draft on
02/15/07.
7760 0017 J60 001 07 0 150701
® Washington Mutual
HOME LOANS
BRADLEY ALAN ANTES
LESLIE ANNE SHAW
20015189
Page 1 of 4
Home Loan Statement
January 2007
Statement Date: January 15, 2007
Activity Since: December 15, 2006
Your Loan Number: 0056687445
F Your Property and Loan Information
Property Address: 8 LENNON LN
CARLISLE PA 17013
Principal Balance: $ 118,034.05
Interest Rate: 5.50000%
Escrow Balance: $ 2,077.44
Did You Know?
Don't let a mild storm season this past year catch you off guard.
Disasters are a permanent problem to all. First Protector pays your
monthly mortgage payment when covered disasters occur, such as
hurricanes, floods, fire or tornados. To protect your home with First
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www.dis?stercoveraoe ram OFFER # MOT775361 U5
Our Traditional CD has features you may not find anywhere else -
adjust your rate once per term on select CD terms with ourBump
Rate (R) feature or use our Add-On feature on CDs one year or less to
add to your CD after it's opened. Ask for details. Call 1.800.788.7000
or visit a financial center to learn more.
It is not necessary to send us your regular current real estate tax bill
unless we request it. In most cases, the current real estate tax bill is a
copy of the bill the taxing authority has already supplied to the
mortgage company for loans with an escrow account. It is generally
the customer's responsibility to pay supplemental, occupancy and
special assessment bills.
Year to Date Account Activity
Principal Paid: $ 803.52
Interest Paid: $ 544.67
Property Taxes Paid: $ 0.00
Insurance Paid: $ 0.00
Washington Mutual Bank 909-8
PAGE 1 of 4 COLD056C 20015189
Loan Number: 0056687445
Statement Date: January 15, 2007
0 Please write your loan number on your check.
Make check payable to Washington Mutual.
0 Please check here if change of address or telephone
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11JJ1111111111111L111L111111111111111JJ11L1111J1111L1
WASHINGTON MUTUAL
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d11111111111111111111111111111111111J1111J1111111LLLlll1111
0000000 0000000 0000000 00566874
Please allow 7-10 days for postal delivery.
909 9 Payment Due Date: February 01, 2007
Current Payment: $ 1,780.87
Total Amount Due: $ 1,780.87
If Received After: February 16, 2007
Total Amount Plus Late Charges: $ 1,848.28
Making Your Payment
Please write in any additional funds that you may be including with
your payment. If you include additional funds and do not indicate
how to apply them, we will apply them first to applicable advances,
then to any fees due and then to principal..
Late Charges +
Additional Principal +
Additional Escrow +
is +
unt Enclosed =
AUTODRAFT
0178087 7
vartan national bank
the region's premier business bank
3601 Vartan Way • Harrisburg, PA 17110
(717) 657-7727 • www.vartanbank.com
ACCOUNT NUMBER
8103079
HOME EQUITY STATEMENT
STATEMENT
CLOSING DATE PAST DUE AMOUNT CURRENTAMOUNT
IS PAYABLE IS DUE BY THE
2/20/07 IMMEDIATELY PAYMENT DUE DATE
PAYMENT PAST DUE CURRENT'
DUE DATE AMOUNT AMOUNT DUE
3/05/07 .00 185.43
BRADLEY ALAN ANTES
LESLIE ANNE SHAW
8 LENNON LN
CARLISLE PA 17013-7686
1: 5 12 S-00 I S)I:
PAGE 1
MINIMUM
PAYMENT DUE NEW BALANCE
`
185.43 12,446.45
OTALAMOUNT: I I
YOU T ARE PAYING
10
PLEASE RETURN TOP PORTION OF STATEMENT WITH YOUR PAYMENT - PAYABLE TO Vartan National Bank
STATEMENT PAYMENT MINIMUM
YACCQLINT NUMBER ° CLOSING DATE CREDIT LIMIT AVAILABLE CREDIT DUE DATE PAYMENT"DUE'
8103079 2/20/07 35,000.00 22,553.55 3/05/07 185.43
POST 06,DATE'„ CHECK -
NUMBER `
DESCRIPTION OF TRANSACTIONS ` TRANSACTION•
AMOUNT
RUNNING;kA NCE,`i',
1/21/07 PREVIOUS BALANCE 12,662.15
1/22/07 BEGINNING INTEREST RATE 8.2500 12,662.15
1/22/07 NOMINAL ANNUAL PERCENTAGE RATE 8.2500 12,662.15
1/22/07 DAILY PERIODIC RATE'" .02260% 12,662.15
2/01/07 PRINCIPAL PAYMENT SPLIT OUT 300.OOCR 12,362.15
LOAN PYMT VARTAN NATIONAL
9031315269 02/01/07
ID ##-192581321
TRACE #-031315260000088
2/20/07 EQUI-CHECK ACCRUED INTEREST 84.30 12,446.45
PREVIOUS + CHECKS AND PAYMENTS + FINANCE + OTHER _ NEW
%,`.BALANCE ADVANCES AND CREDITS CHARGE` CHARGES "BALANCE -' -
12,662.15 .00 300.00 84.30 .00 12,446.45
Send Payments To:
Vartan National Bank
3601 Vartan Way
Harrisburg, PA 17110
Payments received at this address prior to 3:00 p.m. each banking day will be
credited as of that date.
If you have questions in regard to your account, please call 717-657-7727
ANNUAL
PERCENTAGE DAILY
PERIODIC
AVERAGE `
DAYS
RATE RATE DAILY BALANCE
IN CYCLE
8.25000 .02260% 12,431.71 30
Notice: The Annual Percentage Rate and Daily Periodic Rate may vary.
See Reverse Side for Important Information.
MATEYA LAW FIRM
A PROFESSIONAL CORPORATION
P.O. Box 127
Boiling Springs, Pa 17007
Phone: 717-241-6500 Fax 717-241-3099
www.mateyalaw.com
May 24, 2007
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Re: Shaw v. Antes
Dear Paul,
I received your correspondence of May 11 `' concerning the marital home. I understand
that your client would like to keep the marital home as his own. The marital home is clearly a
marital asset whose equity needs to be divided between our clients. With that understanding, my
client welcomes the proposition that your client would keep the marital home, under the
conditions outlined below:
1. The house is appraised by a mutually agreed upon reputable local appraiser, with the
cost of the appraisal to be divided evenly between our clients;
2. We determine the amount of equity in the house, including the mortgage and the
Home Equity Line of Credit;'
3. We need to agree, as part of the equitable distribution of the marital estate, what
percentage of the equity each of our clients is entitled to;
4. Your client refinances the house, including the Home Equity Line of Credit, in his own
name and pays to my client her portion of the equity in the home;
5. Your client thereafter takes full possession of the house as his own.
My client is happy to see him making steps in a positive direction where the children are
concerned. Having a safe place for the children is of paramount importance. In the meantime, the
payment information for the marital home is as follows:
' The lion's share of the HELOC is joint; there are amounts, however, which are not joint
debt which must be backed-out of the HELOC amount. I do not anticipate that this will be
difficult for us to determine.
Leave a Legacy
Helvy
Page Two
May 24, 2007
Home Equity Loan - $300 per month payments to Centric Bank (name changed from
Vartan National Bank). The loan number is 8103079. Centric Bank's phone number is
717-657-7727; their fax number is 717-657-7748.
Mortgage is with Washington Mutual, loan number 0056687445. The payment is
$1,780.87 per month. Their phone number 866-926-8937; their fax number is 206-965-
3620.
I believe this contact information should suffice for your client until such time that he is able to
refinance the home in his own name. Brad has been sent information concerning mortgages and
refinancing but has failed to take any action to date. Perhaps he can use some of that information
to help him obtain a new mortgage.
I will contact you when I have information concerning my client's new address and
move-out date from the marital home.
Finally, my client and I discussed the options which may present themselves in
transferring the house from Brad and Leslie to Brad alone. She will not work with Brad
personally to help him refinance the house, nor will she accept anything less than a buy-out of her
equity in the home. I do not raise this to be combative, only in the spirit of streamlining our
discussions. If Brad is unable to refinance the house in a timely manner, then we should sell the
marital home and divide the equity between our clients. Please advise me of your client's
intentions, in light of the informaton above, at your earliest convenience. I will be contacting you
at the end of next week if I have not heard from you on this matter. We intend to move forward
with a sale of the marital home if Brad continues to drag his feet. Your client could walk away
with a very large down-payment for a new home. He will be in a good position either way.
Please contact me to discuss this matter after you have had an opportunity to review this
proposal with your client. I may be reached at my office at (717) 241-6500 or by e-mail at
mam&mateyalaw.com. I look forward to hearing from you.
Sincerely,
Mark A. Mateya, Esq.
MAM/aa
cc: Leslie Shaw
Leave a Legacy
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Pleading on the following
person(s) by depositing a true and correct copy of the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
(n ( A-I (717) 241-6500
Dated: V T
co
'a ?
LESLIE SHAW, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRADLEY A. ANTES, NO. 06-5195 CIVIL
DEFENDANT IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this 23rd day of July, 2007, upon consideration of the Plaintiff's
First Request for Partial Distribution of Marital Property and Plaintiff's Motion for
Forced Sale of the Marital Home and Equitable Distribution of the Proceeds
Therefrom, IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendant to show cause why the relief
requested should not be granted;
2. The Defendant will file an answer on or before August 13, 2007;
3. The Prothonotary is directed to forward said Answer to this Court;
4. A hearing on the above matter will be held on Thursday,
September 6, 2007, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
By the Court,
M. L. Ebert, Jr., J.
rk A. Mateya. Esquire
Attorney for Plaintiff
,,ZPaul Helvey, Esquire
Attorney for Defendant
bas
'?- i : { E [I 'lZ TT LCOZZ
0
JUL 19 1007
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195
CIVIL ACTION -LAW
IN DIVORCE AND CUSTODY
ORDER
c?
AND NOW this 13 day of July 2007, upon consideration of the foregoing Praecipe to
Amend Plaintiff's Motion for Forced Sale of the Marital Home and Equitable Distribution of the
Proceeds Therefrom,
IT IS HEREBY ORDERED AND DECREED that Plaintiff's Praecipe to Amend the
Motion for Forced Sale of the Marital Home and Equitable Distribution of the Proceeds
Therefrom is hereby GRANTED.
IT IS FURTHER ORDERED AND DECREED that the Exhibit "B" and "C" are
incorporated into the pleading.
BY THE COURT:
I ii ii`'v iiz 7inr LODZ
]HI -1,01
LESLIE SHAW, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRADLEY A. ANTES,
DEFENDANT NO. 06-5195 CIVIL
IN RE: PLAINTIFF'S FIRST REQUEST FOR PARTIAL DISTRIBUTION OF
MARITAL PROPERTY AND PLAINTIFF'S MOTION FOR FORCED SALE OF
THE MARITAL HOME AND EQUITABLE DISTRIBUTION OF THE PROCEEDS
ORDER OF COURT
AND NOW, this 30th day of July, 2007, upon the request of counsel for the
Defendant and with the concurrence of the counsel for the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled
for Thursday, September 6, 2007, at 3:00 p.m. is hereby continued to Tuesday,
October 2, 2007, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
Zark A. Mateya, Esquire
Counsel for Plaintiff
?aul Helvey, Esquire
Counsel for Defendant
bas J
By the Court,
'V`? l
M. L. Ebert, Jr.,
J.
b?NVAI NN3d
99 :6 WV I c inr LQDZ
AIONf
901:L
J. Paul Helvy
I.D. No. 53148
Cheryl B. Krentzman
I.D. No. 203463
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-5343
Attorneys for Defendant,
Bradley A. Antes
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
No. 06-5195
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
ANSWER TO PLAINTIFF'S MOTION FOR FORCED SALE
OF THE MARITAL HOME AND EQUITABLE DISTRIBUTION
OF THE PROCEEDS THEREFROM
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted. By way of further answer, after the date of separation, Plaintiff,
without Defendant's consent, took approximately $6,000 from the home equity line of
credit and used it for her own purposes.
5. Denied. The Defendant's new email address is brad antes(cD-yahoo.com.
6. Denied. It is denied that "Plaintiff has made it clear to Defendant that she
does not wish to retain the marital property as her own." Plaintiffs position regarding
this and other issues have vacillated, making it quite difficult to ascertain exactly what
Plaintiffs position is at any given time. However, it is admitted that Plaintiffs current
position appears to be that she is not interested in maintaining the marital residence.
7. Denied as stated. Defendant has made it clear since approximately
January 2007, that he wishes to maintain the marital residence for the benefit of the
children.
8. Denied. It is denied that Susan Stewart of Ebener Realty has sent any
information to Defendant regarding the refinancing of the marital property. It is admitted
that a realtor forwarded information to the Defendant regarding the sale of the marital
residence; however, as previously stated, the Defendant has indicated that he would
like to maintain the marital residence for the benefit of the children.
9. Denied as stated. This averment is based on the assumption that
Defendant had not made his intentions known concerning the marital property, when, in
fact, he had. It is admitted that Plaintiff has threatened to take various unilateral actions
regarding the marital residence during the course of the parties' discussions.
10. Admitted. By way of further answer, Plaintiffs counsel's correspondence
of May 24, 2007 represents an effort on the part of Plaintiff to address only one
component of the marital estate without taking into consideration the remainder of the
issues associated with equitably distributing the marital property accumulated during the
course of the marriage.
2
For example, issues continue to exist regarding the interpretation of the
prenuptial agreement. In addition, Plaintiff has yet to provide information regarding an
account with approximately $60,000, and has resorted to actually threatening Defendant
for making inquiries into what may very well be a significant asset in this case.
11. Admitted. Again, this paragraph evidences the approach that the Plaintiff
has taken to this case. Although the Plaintiff had absolutely no problem with
Defendant's name on the mortgage so long as she continued to reside in the marital
residence, she is of the belief that due to the fact that she has decided to move out of
the marital residence, it is Defendant's responsibility to immediately take the necessary
steps to remove her name from the mortgage and home equity loan from which she
made post-separation withdrawals and immediately provide her with her share of the
equity in the marital residence.
In an effort to provide a resolution to this issue, Defendant has forwarded a
stipulation regarding the marital residence to the Plaintiff. The stipulation is attached
hereto and marked Exhibit "A." As of the filing of this Answer, Plaintiff has not yet
responded to the Defendant's proposal.
12. Denied as stated. Although it is admitted that Defendant's counsel has, in
fact, informed Plaintiffs counsel that his client did not wish to rent or list the house for
sale, it is denied that there were no other discussions regarding how we wished to
proceed. To the contrary, Defendant has made it perfectly clear to the Plaintiff that it is
his intention to maintain the marital residence for the benefit of the children. It is the
Plaintiffs unfounded belief that because she decided to vacate the marital residence
that she is immediately entitled to have her name removed from the mortgage and
3
home equity loan and is immediately entitled to "her share" of the equity in the marital
residence that has caused a breakdown in communications.
By way of further answer, Defendant has been and continues to be
frustrated by the Plaintiffs refusal to provide relevant information, make a proposal
regarding a global resolution of this case or deal with the "big picture."
13. Denied. As previously stated, Defendant has made it perfectly clear to the
Plaintiff that he wishes to maintain the marital residence for the benefit of the children.
14. Admitted.
15. Admitted.
16. Denied. It is specifically denied that "Plaintiff wishes to move the divorce
forward." It appears that Plaintiff only wishes to resolve a small portion of the economic
issues which exist between the parties. As is evidenced by the correspondence from
Defendant's counsel to Plaintiffs counsel dated August 1, 2007, a copy of which is
attached hereto and marked as Exhibit "B," Defendant remains ready, willing and able
to resolve all outstanding issues in this case as soon as all of the relevant information
has been provided and the Plaintiff is prepared to discuss a global resolution of this
matter.
4
WHEREFORE, Defendant respectfully requests the Court to dismiss the
Plaintiffs petition for forced sale of the marital home and equitable distribution of the
proceeds therefrom.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
By
J. ul Helvy
Attorneys for Defendant
Dated: August 9, 2007
5
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
Dated:
'i'
I?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW,
Plaintiff :
V.
No. 06-5195
BRADLEY A. ANTES,
Defendant
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
ORDER NUMBER 00762 S 2006
PACSES Case Number 903108586
DOCKET Number 00762 S 2006
Other State ID Number
STIPULATION
AND NOW, this day of , 2007, the parties to this action hereby
agree and stipulate as follows:
WHEREAS, Mr. Antes has assumed residence in the marital residence located at 8
Lennon Lane, Carlisle, PA 17013;
WHEREAS, Brad Antes' support obligation in the above action includes a mortgage
contribution in the amount of $385.54;
WHEREAS, it is Brad Antes' intent to assume responsibility for the mortgage and
home equity loan encumbering the marital residence, and ultimately taking the necessary
steps to remove Wife's name from said loans.
NOW, THEREFORE, the parties, intending to be legally bound, hereby covenant
and agree:
i
1. Brad Antes will assume responsibility for the mortgage and home equity loan
encumbering the marital residence located at 8 Lennon Lane, Carlisle, PA 17013, effective
July 1, 2007.
2. Within 90 days of the signing of this agreement, Mr. Antes shall take the
necessary steps to remove Leslie Shaw's name from the mortgage and home equity loan.
3. Leslie Shaw shall, upon signing of this agreement, execute a deed
transferring the marital property from joint names to Brad Antes' name alone.
4. Brad Antes agrees that the original fully executed deed shall be held in
Attorney Paul Heivy's office and shall not be released to Brad Antes or recorded until such
time as Mr. Antes has taken the necessary steps to remove Leslie Shaw's name from the
mortgage and home equity loan encumbering said property.
5. The parties agree that the transfer of said deed from joint names to Brad
Antes alone shall not operate as a waiver of any claim that Leslie Shaw has to the existing
equity in the marital residence.
6. Leslie Shaw agrees that she shall take the necessary steps to cause the
Domestic Relations Order, entered on November 2, 2006, to be reduced by $385.54,
effective July 1, 2007.
WITNESS:
Leslie A. Shaw
Brad A. Antes
2
r ,
AVIV-
McNees
Wallace & Nurick u-c
attorneys at law
J. PAUL HELVY
DIRECT DIAL: (717) 237-5343
E-MAIL ADDRESS: PHELVY@MWN.COM
August 1, 2007
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
RE: Shaw v. Antes
Dear Mark:
I trust that by the time you receive this correspondence, you will have had a chance
to review the proposed stipulation which I forwarded to you regarding the marital residence.
Obviously, if we can reach an amicable resolution regarding transferring the marital
residence to Brad's name alone, both of our clients will avoid the expense associated with
attending the hearing on your petition regarding the marital residence.
If it is necessary to attend a hearing on the marital residence, I believe it is only fair
that I advise you in advance that I believe that that petition is frivolous, that you will have no
chance of success, and that I will be asking for attorneys' fees in connection with
preparation and presentation of our case in defense of that petition.
With regard to your July 20 letter, you state that "After reviewing the Antenuptial
Agreement signed by our clients, and reviewing the financial records, it is my position that
the larger of the two IRA accounts, valued at $149,006 at our first meeting, is a non-marital
asset." My first comment would be that you must not have reviewed the financial records
closely. Had you reviewed them, you would have seen that this asset is not an IRA.
Furthermore, I am not at all sure that you reviewed the Antenuptial Agreement closely. Had
you reviewed that Agreement, you would have seen that the Edward Jones account is not
listed as one of the assets to which Brad has waived any interest. I direct your attention to
paragraph 3, which specifically states, "It is the intention of both of the parties to keep the
assets as set forth in paragraphs 1 and 2 above in their own separate names after
marriage of the parties. As long as said assets remain in each party's respective name,
the other party hereby waives any claim to said assets or appreciation thereon, that said
assets or said appreciation would be marital property and subject to equitable distribution
under the Pennsylvania Divorce Code..." As you can see from a review of this language, it
was the intent of the parties to remove those assets which were specifically enumerated
from the marital estate. The Edward Jones Account, which had a value as of February 23,
2007 of $149,006.12, is not specifically enumerated.
Although I continue to believe that this is a case which should be amicably resolved,
I must admit that I am beginning to wonder whether either you or your client have any
intention of amicably resolving this case. It is my firm belief that if you were to review this
file, understand the assets involved in this case and be prepared to engage in meaningful
P.O. Box 1166. 100 PINE STREET- HARRISBURG, PA 17108-1166 • TEL: 717.232.8000- FAx: 717.237.5300 • WWW.MWN.COM
COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC
August 1, 2007
Page 2
discussions regarding this matter, that the case could be resolved in an amicable fashion to
the mutual satisfaction (or at a minimum, mutual dissatisfaction) of both of our clients.
I cannot tell you how frustrated I was at our four-party conference, where I thought
we were going to engage in meaningful dialogue regarding the assets involved in this case,
and discuss how we might ultimately settle this case. You appeared completely unprepared
to address the issues at hand. In spite of the fact that I feel that I wasted my time and my
client's money in attending this four-party conference, I will again extend the olive branch
and advise you that I remain ready, willing and able to engage in a meaningful discussion
regarding a global resolution of this case. Towards that end, it would be greatly appreciated
if you would refrain from sending me letters regarding portions of this case, and instead,
focus your efforts on resolving the entire matter.
If you believe it would be helpful for you and I to discuss this case, please contact
me.
Very truly yours,
McNEES WALLACE & NURICK LLC
P ?
By `r""'? aj
J. Paul Helvy
JPH/mca
cc: Bradley A. Antes
CERTIFICATE OF SERVICE
AND NOW, on this 9th day of August, 2007, I, Michelle Armour, Secretary for J. Paul
Helvy, Esquire, hereby certify that I have served a true and correct copy of the within
document, via first class mail postage paid as follows:
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
Michelle Armour
srv ,
G
7 i cl
C:D
- tom`
(;j t
J. Paul Helvy
I.D. No. 53148
Cheryl B. Krentzman
I.D. No. 203463
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-5343
Attorneys for Defendant,
Bradley A. Antes
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW,
Plaintiff
V.
No. 06-5195
BRADLEY A. ANTES, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
NOTICE TO PLEAD
TO: Leslie A. Shaw, and Mark A. Mateya, her attorney:
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR
A JUDGMENT MAY BE ENTERED AGAINST YOU.
McNEES WALLACE & NURICK LLC
By
.Paul elv
Attorn for D ndant
Dated: August 9, 2007
J. Paul Helvy
I.D. No. 53148
Cheryl B. Krentzman
I.D. No. 203463
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-5343
Attorneys for Defendant,
Bradley A. Antes
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW,
Plaintiff
V.
No. 06-5195
BRADLEY A. ANTES,
Defendant
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
ANSWER WITH NEW MATTER TO PLAINTIFF'S FIRST REQUEST
FOR PARTIAL DISTRIBUTION
OF MARITAL PROPERTY ACCORDING TO 23 PA CS 6 3502(fl
1. Admitted.
2. Denied as stated. Defendant's permanent address is and always has
been PO Box 1452, Carlisle, PA. By way of further answer, it is admitted that
Defendant has spent significant time overseas exploring various business opportunities.
3. Admitted.
4. Denied as stated. It is denied that Defendant regularly uses the email
address of antesbrad(a)-comcast.net due to the fact that Plaintiff took steps to make that
email address unusable. Defendant's new email address is brad antes(a)-yahoo.com.
5. Admitted in part and denied in part. It is admitted that Plaintiff and
Defendant had a discussion regarding distribution of the personalty located in the
marital residence. It is denied that the Plaintiff and Defendant ever came to a final
agreement regarding these matters.
6. Admitted in part and denied in part. It is admitted that Plaintiff provided
the Defendant with an email setting forth her position regarding the distribution of the
marital property. It is denied that this email accurately reflects the conversations the
parties had regarding this matter.
7. Admitted.
8. Admitted.
9. Admitted.
NEW MATTER
10. Paragraphs 1-9, above, are incorporated herein as set forth at length.
11. Plaintiff has exhibited an unwillingness to engage in discussions regarding
the global resolution of this matter. Plaintiff, by her actions, has made it clear that she
wishes to obtain an interim settlement that will benefit her, while at the same time,
refusing to provide relevant information regarding assets which she owns or has in
interest in.
2
12. Defendant believes and therefore avers if the interim relief requested by
Plaintiff is granted, that the Plaintiff will sit back, collect spousal support, and take no
action to resolve the remaining economic issues in this case.
WHEREFORE, Defendant respectfully requests the Court to dismiss Plaintiffs
Petition for Partial Distribution.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
By
J. Pa Helvy
Attorneys for endant
Dated: August 9, 2007
3
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
51,
Dated: ?`:
`
CERTIFICATE OF SERVICE
AND NOW, on this gth day of August, 2007, I, Michelle Armour, Secretary for J. Paul
Helvy, Esquire, hereby certify that I have served a true and correct copy of the within
document, via first class mail postage paid as follows:
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
Michelle Armour
:rz- -?
t , G -n
4
CD
_ -i2
t cn n
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-5195
: CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER
NOW COMES Plaintiff, Leslie A. Shaw, by and through her counsel, Mark A. Mateya,
Esquire and avers the following:
11. Denied as stated. By way of further answer Plaintiff has fully responded to all of the
Defendant's discovery requests. By way of further answer Plaintiff by and through her counsel
initiated the only face to face negotiations between the parties.
12. Denied as stated. Plaintiff wishes to equitably resolve the economic issues in this
case.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule a
conference prior to the scheduled hearing to discuss the issues at hand or in the alternative grant
Plaintiffs petition for partial distribution.
Respectfully submitted,
W,kS2?_
Mark A. Mateya, Es
Attorney ID No. 78 el
Date: S zi I 0--?
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
P 1%
VERIFICATION
MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff
herein, that the Plaintiffs verification cannot be obtained within the time allowed for the filing of
this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information
concerning the contents of the within document and that the facts set forth in the foregoing are true
and correct to the best of his knowledge, information and belief. He understands that false
statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
A,4.4 ,-
MARK A. MATEY SQUIRE
Dated: Z 4&(5
Ob
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Pleading on the following
person(s) by depositing a true and correct copy of the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Dated: ZQ G-T
Mark A. Mateya, Esquird,
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
r-lt 0-
"J
=fir L r
?
co
LESLIE A. SHAW, . IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-5195
BRADLEY A. ANTES, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
PLAINTIFF'S MOTION FOR MORE DEFINITE AND THOROUGH ANSWERS
TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS
The above-named Plaintiff, Leslie A. Shaw, by her attorney, Mark A. Mateya,
Esquire, hereby prays This Honorable Court require the Defendant, Bradley A. Antes, to
answer the Interrogatories produced in the case sub judice, and to enter the
accompanying Rule to Show Cause against Defendant, Bradley A. Antes.
Plaintiff, by and through her attorney Mark A. Mateya, Esquire, avers the
following:
1. On or about June 15, 2007, Interrogatories and Request for Production of
Documents were filed by Plaintiff on Defendant.
2. On July 12, 2007, Defendant answered Plaintiff's Interrogatories and Request for
Production of Documents.
3. On or about July 31, 2007, Defendant did supplement his answers with additional
information in response to Plaintiff s Interrogatories and Request for Production of
Documents.
4. No affirmative defense, privilege, statutory protection, or objection was raised in
response to any of Plaintiff's interrogatories or Requests for Production of Documents in
general and, specifically, no defense, privilege, statutory protection, or objection was
raised in response to interrogatories number 30 or 39.
5. Defendant has waived any available affirmative defense, privilege, statutory
protection, or objection which might otherwise have been raised by taking the affirmative
step of answering each interrogatory, including interrogatories number 30 and 39.
6. Defendant failed to fully answer Interrogatories numbered 30, and 39.
7. Defendant responded to Plaintiff's Interrogatory number 30, Form E, for
Cornerstone Federal Credit Union, Regular Draft Account #73452 with redacted copies
of statements. See Exhibit 1 attached hereto and incorporated herein by referenced.
8. Defendant responded to Plaintiff's Interrogatory number 30, Form E, for Orrstown
Bank Direct Deposit Interest Checking Account # 106004242, with redacted copies of
statements. See Exhibit 2 attached hereto and incorporated herein by reference.
9. Defendant responded to Plaintiff's Interrogatory number 30, Form E, for Kabul
Bank in Afghanistan, stating that he (Defendant) does not have an account number or
statements for this account. See Exhibit 3 attached hereto and incorporated herein by
reference.
10. Defendant has failed to show why he should not have to produce a satisfactory
response to Interrogatory number 30 with regard to the Kabul Bank account which he
acknowledges owning.
11. Kabul Bank offers its clients access to their accounts online; Kabul Bank uses
traditional thirteen digit account numbers, such as are used throughout the banking
world. See Exhibit 4 attached hereto and incorporated herein by reference.
2
12. Defendant responded to Plaintiff's Interrogatory number 39, a - e, #1, concerning
his Chase Bank Visa Account, Account # 4417-1258-4295-5852, with redacted copies of
statements. See Exhibit 5 attached hereto and incorporated herein by reference.
13. Defendant responded to Plaintiff's Interrogatory number 39, a - e, #2, concerning
his Orrstown Bank Visa Signature Card Account, Account # 4147-7685-6500-8347, with
redacted copies of statements. See Exhibit 6 attached hereto and incorporated herein by
reference.
14. Defendant has offered no reason why redacted statements should be permitted as
complete answers in any of the above referenced responses.
15. Plaintiff has expended attorneys fees in the amount of no less than $600 to
institute this motion to compel Defendant to produce answers in line with the letter and
the spirit of Pennsylvania's Rules of Civil Procedure.
16. Plaintiff anticipates additional attorneys time and effort may be required to fully
insure Defendant's compliance with the answering of Plaintiff's Interrogatories and
Request for Production of Documents.
17. Plaintiff prays This Honorable Court permit her to supplement her request for
attorneys fees to reflect any additional amount of time required to secure answers to the
interrogatories referenced above.
WHEREFORE, Plaintiff requests this Honorable Court.
A. Order Defendant to fully answer the interrogatories, without redacted statements,
but with complete statements which include the entire text as received from the
3
source;
B. Produce account statements for Defendant's account wit the Kabul Bank the past
two years;
C. Pay Plaintiff's reasonable attorneys fees in the prosecution of this Motion in the
amount of not less than $600.00;
D. Such other relief as This Honorable Court deems appropriate.
Date: 19 J-;(
Respectfully Submitted,
BY:
Mark A. Mateya
Attorney for Plaintiff
P.O. BOX 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
4
VERIFICATION
MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff
herein, that the Plaintiffs verification cannot be obtained within the time allowed for the filing of
this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information
concerning the contents of the within document and that the facts set forth in the foregoing are true
and correct to the best of his knowledge, information and belief. He understands that false
statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
MARK A. MATEY
Dated: 1
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Pleading on the following
person(s) by depositing a true and correct copy of the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Datbd:
A, - -
Mark A. Mateya, ire
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
FORM E
BANK ACCOUNT INFORMATION - INTERROGATORY #30
(NOTE: complete one (1) Form "E" for each account)
a. state name of bank, title of account and account number:
b. type of account (checking, savings, certificate, NOW, etc.).
c. date you opened such account or date you acquired your interest therein:
d. date you closed the account or otherwise ceased to have any interest therein:
e. name and address of any other persons who have either an ownership interest or
power to withdraw funds from such account:
f. attach monthly statements for the past three (3) years. If a checking or NOW
account, attach photocopies of all checks written during the past three (3) years:
g. balances as of the following dates:
1. date of separation
2. date divorce action filed
3. date you answered these interrogatories
6
BANK ACCOUNT INFORMATION
FORM "E" (INTERROGATORY #30)
(NOTE: Complete one (1) FORM "E" for each account)
A. State the name of bank, title of account and account number.
Cornerstone Federal Credit Union Regular Draft Account #73452
B. Type of account (checking, savings, certificate, Now, etc.)
Regular Share/Share Draft Account
C. Date you opened such account or date you acquired your interest therein.
September 2004
D. Date you closed the account or otherwise ceased to have any interest therein.
June 5, 2007
E. Name and address of any other person who have either an ownership interest or
power to withdraw funds from such account.
N/A
F. Attach monthly statements for the past three (3) years. If a checking or Now
account, attach photocopies of all checks written during the past three (3) years.
See attached statements
G. Balances as of the following dates:
1. Date of separation-$2,436.00
2. date divorce action filed-same as above
3. date you answered these interrogatories-closed
19
ANT 0059
BRADLEY ALAN ANTES
8 LEMON LANE
CARLISLE PA 17013
73452 06/01/2006 - 06/30/2006
SHARE 01..REGULAR SHARE ACCOUNT
06-01 Previous balance 45.79
> A. Dividend of .10 will be posted to this account on JUL 01 <
06-30 New Balance 45.79
>> Year-to-Date Dividends this account .12
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SHARE 07..SHARE DRAFT ACCOUNT
06-01 Previous Balance 4455.71
EF1
EF7
06-30 New Balance 2390.17
>> Year-to-Date Dividends this account 1.76 <<
ANT 0060
BRADLEY.ALAN ANTES PAGE 2
8 LENNON LANE
CARLISLE PA 17013
73452 06/01/2006 - 06/30/2006
-Actual and attempted check fraud is on the rise nationally. Your credit
union's experience is no exception. Our teller staff is under continuous
training to exercise judgement when cashing checks or providing.immediate
availability of funds.
.We ask your understanding should staff question the nature or origin of a
particular check presentment. Where possible, the source and availability of
funds will be verified to provide you. with earliest possible access.
We thank you for your patience and understanding.
ANT 0061
BANK ACCOUNT INFORMATION
FORM "E" (INTERROGATORY #30)
(NOTE: Complete one (1) FORM "E" for each account)
A. State the name of bank, title of account and account number.
Orrstown Bank Direct Deposit Interest Checking Acct. #106004242
B. Type of account (checking, savings, certificate, Now, etc.)
Checking Account
C. Date you opened such account or date you acquired your interest therein.
October 2, 2006
D. Date you closed the account or otherwise ceased to have any interest therein.
Existing account
E. Name and address of any other person who have either an ownership interest or
power to withdraw funds from such account.
Joint account with Jackie Maddox, 71 East Willow Street, Carlisle, PA 17013
F. Attach monthly statements for the past three (3) years. If a checking or Now
account, attach photocopies of all checks written during the past three (3) years.
See attached statements
G. Balances as of the following dates:
1. Date of separation-n/a
2. date divorce action filed-n/a
3. date you answered these interrogatories-$11,055.00
20
ANT 0062
t I
ORRSTOWNBiANK
A Tradition of Excellence
ORRS P.O. Box 250
Shippensburg, PA 17257
Date 5/25/07
Primary Account
Enclosures
0
N
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0
0
CV
N
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h
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1
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1757 0.6804 AV 0.312 TR00006
Bradley A Antes
Jackie L Maddox
8 Lennon Ln
PO Box 1452
Carlisle PA 17013-6452
Building? Buying? Remodeling?
We can help!
1.888.ORRSTOWN - orrstown.com
C HE C K I N G A CC O UK T S
Account Title Bradley A Antes
Jackie L Maddox
Direct Deposit Interest Check
Account Number 106004242
Previous Balance 4,990.02
1 Deposits/Credits 9,963.00
4 Checks/Debits 3,898.77
Service Fee .00
Interest Paid .43
Current Balance 11,054.68
Page 1
106004242
Check Safekeeping
Statement Dates 4/26/07 thru 5/28/07
Days In The Statement Period 33
Average Ledger 3,551.34
Average Collected 3,551.34
Interest Earned .43
Annual Percentage Yield Earned 0.131
2007 Interest Paid 3.39
ACTIVITY IN-DATE ORDER
ANT 0063
None
30. Complete one,FORM attached for each banking account (checking,
passbook, NOW, statement savings, certificate of deposit, savings certificate, etc.) in
which you now have or, within the past three (3) years, up to the date of separation,
have had, any interest, ownership or power of withdrawal whatsoever, whether
individual, jointly owned with Jackie Morrow, as custodian or trustee for others, or as the
beneficiary of an account held by another as custodial or trustee. NOTE: IRAs, Keoghs
or other bank retirement plans need not be mentioned here, see question 35.
Enter here the number of FORM "E's" attached 4
"Account at Kabul Bank in Afghanistan-contains $3-4k; don't have account # or
statements for this account
31. State the name, business address and telephone number of:
a. your present accountant and any accountant who has performed
accounting services for you during the past three (3) years;
b. your stockbroker or any securities brokerage firm with whom you presently
maintain an account or with whom you have maintained any account within the past
three (3) years;
ANSWER:
a) No accountant
b) Myself; Mike Chwastyk, Raymond James, Camp Hill, PA
32. Complete FORM "F" for tiny and all bonds, stocks, other securities, mutual
funds, money market funds in which you now have or within the past three (3) years
have had any interest whatsoever whether individual, joint, as custodian or trustee for
others or as the beneficiary of an account held by another as custodian or trustee.
Include securities even if interest or dividends thereon are exempt from taxation.
Enter here the number of FOF;Ni T's" attached 2
X-EMS: wait 10s
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Message-ID: <Ol a201 c7de7d$490374b0$6400a8c0@LAPTOP>
Reply-To: "Mark Mateya" <mam@mateyalaw.com>
From: "Mark Mateya" <mam@mateyalaw.com>
To: "mathew" <info@kabulbank.af>
Cc: "Mark Mateya" <mam@mateyalaw.com>
References: <200708140609.17E69p2i019578@drill.thebook.com>
Subject: Re: Web Inquiry
Date: Tue, 14 Aug 2007 09:13:26 -0500
MIME-Version: 1.0
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Matthew,
Thank you for your prompt response.=20
Mark A. Mateya, Esq.
Mateya Law Firm
www.mateyalaw.com
IRS Circular 230 Disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that the federal tax advice (if any)
contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transactions
or matter addressed herein.
THE INFORMATION CONTAINED IN THIS COMMUNICATION IS A TRANSMISSION
FROM =
THE MATEYA LAW FIRM AND IS INFORMATION PROTECTED BY THE ATTORNEY/
CLIENT =
AND/OR ATTORNEY/WORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE, AND
THE =
PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS HAVING BEEN SENT BY =
ELECTRONIC MAIL. IF THE PERSON ACTUALLY RECEIVING THIS.
COMMUNICATION, OR =
ANY OTHER READER OF THIS COMMUNICATION, IS NOT
----- Original Message -----=20
From: mathew=20
To: 'Mark Mateya'=20
Sent: Tuesday, August 14, 2007 1:09 AM
Subject: RE: Web Inquiry
Dear Mr. Mark Mateys,
Thank you for your E-mail. We are using the traditional type of =
account number pattern, having 13 digits, that contains the branch code, _
account head code and account number.=20
For accessing his account through the web, our customer has to get a =
USERID and password from the bank.
Regards,
Mathew P J
Chief Financial Officer,
Kabul Bank
Mob: 070081502
From: Mark Mateya [mailto:mam@mateyalaw.com]=20
Sent: 14/Aug/2007 12:56 AM
To: info@kabulbank.af
Subject: Web Inquiry
Greetings! My name is Mark Mateya. I am an attorney in Pennsylvania, _
United States. I need to know if your bank uses traditional account =
numbers, such as are used in the transfer of funds between banking =
institutions. If so, is it possible for a client who does business with =
your bank to have access to his funds through the use of his proper =
account number.
Please forgive this basic inquiry, but I am working on a project for a =
client and one of the issues is whether or not KabulbanK uses the type =
of account numbers which persons in the United States would be familiar =
with.=20
Thank you for your assistance.=20
Mark A. Mateya, Esq.
Mateya Law Firm
www.mateyalaw.com
IRS Circular 230 Disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that the federal tax advice (if any)
contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transactions
or matter addressed herein.
THE INFORMATION CONTAINED IN THIS COMMUNICATION IS A TRANSMISSION
FROM =
THE MATEYA LAW FIRM AND IS INFORMATION PROTECTED BY THE ATTORNEY/
CLIENT =
AND/OR ATTORNEY/WORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE
PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE, AND
THE _
PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS HAVING BEEN SENT BY =
ELECTRONIC MAIL. IF THE PERSON ACTUALLY RECEIVING THIS
COMMUNICATION, OR =
ANY OTHER READER OF THIS COMMUNICATION, IS NOT
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Rules and Regulations) We welcome your Comments
0 All rights reserved to Kabul Bank Corporate Office, Torabaz Khan Sq, Shar a New, Kabul, Afghanistan.
Do not copy any portion of this page without written permission of obvious authority of Kabul Bank
Head Office: 10-42, Torbazkhan, Shar-e-Naw,Kabul, Afghanistan.
Phone : (0093) 20 201833, 20 2202004, 070 222666, 079 224422
email:-info@kabulba nk.af
http://www.kabulbank.af/ 8/31/2007
Payment Due Date Past Due Amount Minimum Payment
` 05/16/07, $0.00 $19.00
Enclosed =roes check payable to Chase Card Services.
,nt $ New address or e-mail? Print on back.
CHASE O
I want to ,thaw 1
PayrnenrotecM
i and r the enc offer
an may cancel arw time.
inmais uate
441712584295585200001900000964975381574
07219aptz11107o
BRADLEY ANTES
PO BOX 1452 CARDMEMBER SERVICE
CARLISLE PA 17013-6452 PO BOX 15163
WILMINGTON DE 19886-5153
i
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Page 10
1
1 to ''APR is the rate of l6teres4ou pay when you. carry' a balance on any transaction category.
IaY ,vg A f,A. rdpre9ents your-total ftnaric a charges - including transaction fees
pa;cxgh arivenceand baiance?trangfer fees,, eicpiessed as a percentage':
bf#TANT NEWS
httt)s://cards.chase.com/FPav/enaveonfirmt)avment.asnx 5/10/2007
ANT 0098
1:50001,6028111: 2 2 1158 4 2 9 5 58 5 20ile
EXHIBIT 5
I 'bialemeni for account number: 44171258 4295 5852
New Belet we Payment Due Date Past Due Amount Minimum Payment CHASE o
§0.00 04/15/07 $0.00 $0.00
Amouni Enclosed 1$ Make your check payable to Chase Card Services.
$ New address or a-me I? Print on back.
F
441712584295565200000000000000000000008
38718 SEX 2080070 ?uSI'?Ilullr'il?r'Ii??lUlrllln'I1I1'I?III11'1'?Irl'?'I11'
BRADLEY ANTES
1462
CARLISLE PA 17013 OARpMEMBER SERVICE
P-6452 PO BOX i6163
WILMINGTON DE 19MB-5163
6I all 111/111118 IN III IUIIILII IIII ,IIII III oil 1111111poll
1:50001602131: 2 2 i 58 4 2 9 5 58 5 2011'
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1
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Ih'Aif14i NTIWF11UC `r '4 t a'?? ?? v 4?. ! ?T• ?(:).
ANT 0099
3
4
a
.e due Date Past Due Amount Minimum Payment CHASE
03/18/07 $0.00 $25.00
Make your check payable to Chase Card Services. I want to rrcohiase o
I wosed? $ New address or a-road? Pried on back. II hhv reaq to n
offer art?may cancel any time.
Initials Dais
441712584295585200002500000641795352649
0220IBExz06207D I?rrlli?l..I,rl?lrIII IIIIIIII list III Bills go III
?lrlr??{I..Nrrl
BRADLEY ANTES
PO BOX 1462 CARDMEMBER SERVICE
CARLISLE PA 17013-6452 PO BOX 16153
WILMINGTON DE 19886.6163
i
Irrrlilrrrill?r?Belli rrllrrlIIIIIIIIII1lrrrir1Aoiror1.11{1111 i
Page 1 of 1
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4ilsble Cr'rbdit $22;358 Wilniington ,DE 1s,50 5298
c a t4?A?c"r$FSS.Gne $23;000 5 G I
" r , iy?ilatff? (Gr Cash $22358 EAI??NT AbDtt33 ,
s??r ';r ,? 'k:k a f A Q +?iY41}6'?? s:k, ya .,,??•• r : r,•
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Lno,; uVvmvv r+rn wovaa, im. yuuw svw. intoo - vuav- .............y .. ?....____..._..
sueh'a't cash advance and balance transfer fees - expressed as a percentage.
httvs://cards.chase.com/EPav/enavconfirmnavment.asnx
t
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1/16/2007
ANT 0100
Past Due Amount Minimum Payment
$0.00 $51.00 CHASE O Page 1 of 1
Make your check payable to Chase Card t3bttrices. ayyr n Pin the optlonal
New address* e-mail? Print on back. I underetend t stroll Plan
offer and may cancel anytime.
Initials
a ?I
,112584295585200005100002445645334660
42 116BEX202107 0 iFebruary 13,2007
BRADLEY ANTES
BOX 1452
CARLISLE E P PA CARDMEMBER SERVICE
CA 170138452 PO BOX 15166
WILMINGTON DE 19886-5153
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1: 5000 160 284 2 2 1 58 L. 2 9 5 58 5 2011'
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$4.997.00
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C ognding APR is the rate of interest you pay when you carry a tbaiance on any transaction category.
Et. ?e APR represents your total finance charges - including transaction fees'
I as 04sh 4dv6nce-and balance transfer fees --expressed as a percentage.: _
SZRTANT NEWS
ANT 0101
Page 1 of 1
OpenhVClosing Date: 11122106. 12121106 CUSTOMS Sr:
R ijYIGE
Payment Due Date: 01/15/07 In U.S: 1800945-2000
Minimum Payment Due: $55.00 Espanol 1-888=44 - :; .
TDD i-t100 9fi
Pay by phone 1-800-4*79%
Outside U.S. bill Coll 'ot ` ' .
:COUNT SUMMA RY Account Number: 44171258 4295 5852 1 3021?H4 8200
fa Balance $2,102.58 Total Credit Line $23,000 ACCOUNT INQUIRIES
P:O
' Box 16298
1" :credits
' -$2,102.88 Available Credit $20,229 .
Wilmington
DE 19850:6298
Cash, Debits
tlages; +$2,754.99 Cash Access Line $23,000 ,
-inaFioe Cha?gee +$15.98 Available for Cash $20,229 pAYMENT ADDRESS '
NeV Balance $2,770.97 P.O. Box 76153 .
Wilmingtogi 188t3G-616
9,
VISIT US AT:
www.chase.,?/c?gdit?riJs;
tujationsl Your credit line has been Increased. Take advantage of your enhanced
power to mAke purchases and transfer balances today.
r
"ETiG?'1?Y? , I
t?erence ?ym!?s r Merchant Name or Transaction Description Oredff tAetsh
'l9Aae s? Information About Your Account section for balance computation method, grace period, and other important 16fdilrm ion.
?.Pondkig .... ..... ..
'!ib'. -- - APA 6 -the rate o1 Interest YouICYwhen you carry a.balanoe on any'tran§action'category' °•' "
!3a LffeCW!i Al'A represents your total Mnanoe charges - including transaction fees
'p8 Cash advance and balance transfer fees - expressed as a percentage.
IyPQKANT "S
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ANT 0102
At numoer: 4411 12b8 4295 5852
nt Due Date Past Due Amount Minimum Payment CH A L C
12/16/06 $0.00 $117.00 f- JASJG
,ed $ Make your check payable to Chase Card Services.
New address or e•mairt Print on back.
441712584295585200011700002102580000001
30621 Exz 325011 D
BRADLEY ANTES lIll lilt Ill it •1.Ir,lnlIll rirl1nrllrlIll 8llnlalso$Ill llnl
CCARLIISLE PA 17013-6452 CARDMEMBER SERVICE
PO Box 16163
WILMINGTON DE 19886-5153
.necuve /Arm represents your total nnanoe charges • tnoluoing transaction tees
as oeah'tidvance grid balarioe frartater tees = expressed as a prGenlage.
https://cards.chase.com/EPav/enaveonfirmn,qvmp.nt,qqT)y
Page 1 of 1
17 /12 /')AAA
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ANT 0103
?A?. zT L :- Statement Date
o ON22/06 1W21/pp8`CUS?QMER$
HA PayrfieRt.
u.ate. 11/161Ot3
In U
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inimum Payment Due;
$221.00 .
Eepatiol 1
TDD.. :. ;1
Pay by phone-1
Outs(de.U,S ca
•ISA ACCOUNT SUMMARY Account Number: 4 117„1958 42955852 1
yreWous 8elance
$o.oo
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Total credo line '.
$18.00p, ° ACCOUNT C
P?O t3o
15
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redits 4100;00
Purchases, Cash, Debits +$11,166,09 Available Credit
Cash Access line $6,934
$18,000. x :
Wdm1n toKi
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Nl3alanae $11.066:09
Available for Cash
$6,934 _
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ANT 0104
Orrstown Bank
IF
May Statement for activity from Apr. 03, 2007 through' May 02, 200.7. Ittqufries: 1-866-234-4691
BRADLEY A ANTES EiN . a o,. Page 1 df 2
Activity Summary Credit and Payment Information
Previous Balance ................................. $1,220.20 Revolving Line of Credit ............................. $23,000.00
Payments and Credits .................;....... $1,220.20 Revolving Line Available............................ $22,860.60
Purchases, Advances 6 Other Debits $139.40 Minimum Payment Due Current Month)... $10.00
FINANCE CHANGES ......................... $0.00 Minimum Payment Due (Past Due) ........... $0.00
New Balance ....................................... $139.40 Total New Minimum Payment Due.......... $1000
Payment Due Date .................................... May 22, 2007
To reduce or avoid paying additional hbance charges on your purchase balance, pay the total new balance of $139.40 by 0522107.
Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
Continued on Next Page
Please detach and send coupon with check payable to: Cardmember Service
Cardmember Service
To change your address or for
Cardmember Service please call:
1-866-234-4691 Every Hour! Every Dayl
0241477685650083470000010000000139402
17664EP T120 PO
BRADLEY A ANTES
71 E WILLOW ST
CARLISLE PA 17013-3930
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ANT 0105
EXHIBIT 6
Cardmember Service
Orrstown Bank
April Statement for activity from Mar. 02, 2007 through Apr. 02, 2007 Inquiries: 1-866-2344691
BRADLEY A ANTES ELN 4W of Page 1 •of 2
Activity Summary Credit and Payment Information
Previous Balance ................................. $415.41 Revolving Line of Credit ............................. $23,000.00
F ayments and Credits ......................... $1,243.45 Revolving Line Available............................ $21,779.80
Purchases, Advances & Other Debits $2,048.24 Minimum Payment Due Current Month)... $13.00
FINANCE CHARGES ......................... $0.00 Minimum Payment Due (Past Due) ........... $0.00
New Balance ....................................... $1,220.20 Total New Minimum Payment Due.......... $13.00
Payment Due Date .................................... Apr. 22, 2007
7b reduce or avoid paying additional finance charges on your purchase balance, pay the total new balance of $1,220.20 by 04122107.
Ahy cash balance or balance transfer balance will continue to accrue daily Interest until the date your payment Is received
• ? ?, bt" ?.? (an of 7'ran§ac?tiD ' ,??,?r a zn? . t
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Time} Monday through h?nday and 8 a.m. tog p.m. (CT) on Saturdays and Sundays. Automated account information is
available 24 hours a day, 7 days a week.
Continued on Next Page
Please detach and send Ccrupon with check payable to: Cardmember Service
"ardmember Service
To change your address or for
Cardmember Service please call;
1-866.234-4691 Every Hour! Every Day!
0241477685650083470000013000001220208
5164EP T172 PO
31 EY A ANTES
11 E WILLOW ST
:ARLISILE PA 117013.3930 1 1 1
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ANT 0106
Cardmember Service
Orrstown Bank
March; Statement for activity from Feb. 02, 2007 through Mar. 01, 2007 Inquiries:)-866-234-4691
BRADLEY A ANTES ELN 124a o1.. . Page .1_ of 2
+.? .: .•:. ... _ '.:.._9,1R4 ..?GL+"???????:+Jl???.?v-}Z.. ?:...', '?Y"""?ti?+ikitlilil .l:'G_ ! ..
Activity Summary Credit and Payment Information
Previous Balance ................................. $1,909.98 Revolving Line of Credit............................. $20,000.00
Payments and Credits ......................... $2,622.69 Revolving Line Available............................ $19,564.59
Purchases, Advances & Other Debits $1,128.12
0
00 Minimum Payment Due Current Month)...
P
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$0
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.
FINANCE CHARGES ......................... $
$415
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Total New Minimum Pa
ment Due .
00
$10
.
ance .................... ............
New ..........
y
Payment Duo Date .................................... .
Mar. 21, 2007
To reduce or avoid paying additional finance charges on your purchase balance, pay the total new balance o!$415.41 by 03/21107.
Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
-,.::..
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Continued on Next Page
Please detach and send coupon with check payable to: Cardmember Service
Cardmember Service
To change your address or for
Cardmember Service please call:
1-866-234-4691 Every Hour! Every Day!
0241477685650083470000010000000415414
17952EP T174 P1
BRADLEY A ANTES
71 E WILLOW ST
CARLISLE PA 17013.3930
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P.O. Box 790408
St. Louis, MO 63179-0408
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ANT 0107
Cardmember Service
Orrstown Bank
I} 1
February Statement for activity from Jan. 03, 2007 through Feb. 01, 2007 Inquiries: 1 -666-234-4691
M
BRADLEY A ANTES ELN 4801 Page 1 of 2 c
,..:
t R R ft ai{ a,glance ?•{
Activity Summary Credit and Payment Information .
Previous Balance .................... ....... $184.43 Revolving Line of Credit............................. $20,000.00
Payments and Credits .,......... ....... $184.43 Revolving Line Available............................ $18,090.02
purdlases, Advances& Other -Debits $1,909.98 Minimum Payment Due Current Month)...
FINANCE CHARGES
$0
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(P
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..................
......
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New Balance ....................................... $1,909.98 Total New Minimum Payment Due.......... $0.00
$20.00 '.
Payment Due Date .................................... Feb. 21, 2007
io reduce or avoid paying additional finance charges on your purchase balance, pay the total new balance o1$ t,909.98 by 02121107.
Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
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Continued on Next Page
Please detach and send coupon with check payable to: Cardmember Service
Cardmember Service
To change your address or for
Cardmember Service please call:
1-866-234.4691 Every Hour! Every Dayl
0241477685650083470000020000001909983
4887EP T171 PO
.ADLEY A ANTES
71 E WILLOW ST
CARLISLE PA 17013-3930
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P.O. Box 790408 `
St. Louis, MO 63179-0408
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. /2007
ANT 0108
Cardmember Service
Orrstown Bank
weer
January Statement for activity from Dec. 05, 2006 through Jan. 02, 2007 Inquiries: 1-866-234-4691
BRADLEY A ANTES euN 4se 01 :Page 1 of 2
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Activity Summary Credit and Payment Information
Previous Balance ................................. $735.20 Revolving Line of Credit............................. $20,000.00 ; JL
Payments and Credits ......................... $900.15 Revolving Line Available............................ $19,815.57
Purchases, Advances & Other Debits $349.38 Minimum Payment Due Current Month)...
FINANCE CHARGES
$0
00 Minimum Pa
e
t D
(P
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$0
00
.........................
.
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$184
New Balance
43 Total New Minimum Pa
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$10
00
.......................................
.
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..........
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Payment Due Date .................................... Jan. 22, 2007 t
To reduce or avoid paying additional finance charges on your purchase balance, pay the total new balance of $!84.43 by 01/22OZ ?.
Any cash balance of balance transfer balance will continue to accrue daily Interest until the date your payment is received.
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available 24 hours a day, 7 days a week.
Continued on Next Page
Please detach and send coupon with check payable to: Cardmember Ser0ce
Cardmember Service
To change your address or for
Cardmember Service please call:
1-866-234-4691 Every Hourl Every Day!
0241477685650083470000010000000184432
50936P T169 PO
BRADLEY A ANTES
71 E WILLOW ST
CARLISLE PA 17013-3930
I,,,Ii1,,,III,,,,,,1I„lI,,,II,I,I,,,,ii,II,,,I,,,I„?II,I,I,I
Your Account Number: 4147 7685 6500 8347
Total New Balance: $184.43
Minimum Payment Due: $10.00
Jan. 22, 2007
Cardmember Service
P.O. Box 790408
St. Louis, MO 63179-0408
1916u,l1,u,111111111 111111111 11111111 1 Bill
ANT 0109
4 6
?
Orrstown Bank
December Statement for activity from Nov. 03, 2006 through Dec. 04, 2006 Inquiries: 1-8664341.4691
BRADLEY A ANTES .ELN P01 Phge 1 of 2
Activity Summary Credit and Payment Information
Previous Balance ................................. $55.00 Revolving Line of Credit............................. 20,000.00
Payments and Credits ......................... $55.00 Revolving Line Available............................ 19,264.80
Purchases, Advances & Other Debits $735.20 Minimum Payment Due Current Month)... $10.00
FINANCE CHARGES ....................... $0.00 Minimum Payment Due (Past Due) ........... $0.00
New Balance ....................................... $735.20 Total New Minimum Payment Due.......... $10.00
Payment Due Date ...................»............... Deb. 24, 2006
To reduce or avoid paying additional finance charges on your curchase balance, pay the total new balance of $735.20 by 424W.
Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
. ., .?. .?ni 'C!if.-v,n;..::,Nv_:n.....??:,i:?'?F??:•'?Jy J&C.+'"v'.'.'.-`..ry=L"'h_-..
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Time) Monday through Frida and 8 a.m. to 9 p.m. (CT) on Saturdays and Sundays. Automated account information is
available 24 hours a day, 7 days a week.
Continued on Next Page
ANT 0110
O rstown Bank
November Statement for activity from Oct. 04, 2006 cnrough Nov. 02, 2006 inquiries: 1-866-2344641
BRADLEY. A ANTES Et.N M 01 Pa 1 of 2
Welcome
BRADLEY A ANTES
Congratulations on choosing the Onstown Bank Visa® Signature Card. As a valued cardmember, you'll
receive outstanding credit value, prompt service and unique benefits. You're backed by our Cardmember
Service-Guarantee, which ensures the superior service you deserve. For your added convenience, you
may also view your statement online at myaccountaccess.com. For questions regarding your account,
please contact our Cardmember Service Department at the number listed on this statement.
Activity Summary Credit and Payment information
Previous Balance ................................. $0.00 Revolving Line of Credit............................. $20,000.00
Payments and Credits ......................... $0.00 Revolving Line Available............................ $19,945.00
Purchases, Advances & Other Debits $55.00 Minimum Payment Due Current Month)... $10.00
FINANCE CHARGES ......................... $0.00 Minimum Payment Due (Past Due) ........... $0.00
New Balance ....................................... $55.00 Total New Minimum Payment Due.......... $10.00
Payment Due Date .................................... Nov. 22, 2006
To reduce or avoid paying additional finance charges on your purchase balance, pay the total new balance of $55.00 by 1.1/22106. Any
cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
..
RAN
a an i!?7 kf i
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ANT 0111
a 6
VERIFICATION
I verify that the statements made in these Interrogatories and any attached schedules
are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. §
4904 relating to unsworn falsification to authorities.
Bradley A. Antes
Defendant
Date:
5
d
T ?? cn s
! rrI -n
cn c ; c
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?"f Q :I3
Gfl
4 S
: IN THE COURT OF N? COMMON
LESLIE A. SHAW, :CUMBERLAND CO
NO. 06-5195
V.
ES, : CIVIL ACTION -LAW
BRADLEY A.D ANT dant : IN CUSTODY
amed Plaintiff, Leslie A. Shaw, by her attorney, Mark A• Mateya,
The above n le A. Antes, to
prays This Honorable court require the Defendant, Brady
Esquire, hereby and to enter the
answer the Interrogatories Pro
Defendant, in the case sub judice, anaccompanying
Rule to Show Cause against , Bradley A. Antes.
and through her attorney Mark A. Mateya, Esquire, avers the
Plaintiff, by
following:
1. On or about June 15, 2007, interrogatories and Request for production of
Documents were filed by plaintiff on Defendant.
fendant answered Plaintiff's Interrogatories and Request for
2. On July 12, 2007, De
Production of Documents.
Defendant did supplement his answers with additional
3. On or about July 31, 2007,
information in response to plaintiffs Interrogatories and Request for Production of
Documents.
privilege, statutory protection, or objection was raised in
4. No affirmative defense, p 1
response to any of Plaintiff's interrogatories or Requests for Production of Documents in
general and, specifically, no defense, privilege, statutory protection, or objection was
raised in response to interrogatories number 30 or 39.
5. Defendant has waived any available affirmative defense, privilege, statutory
protection, or objection which might otherwise have been raised by taking the affirmative
step of answering each interrogatory, including interrogatories number 30 and 39.
6. Defendant failed to fully answer Interrogatories numbered 30, and 39.
7. Defendant responded to Plaintiff's Interrogatory number 30, Form E, for
Cornerstone Federal Credit Union, Regular Draft Account #73452 with redacted copies
of statements. See Exhibit 1 attached hereto and incorporated herein by referenced.
8. Defendant responded to Plaintiffs Interrogatory number 30, Form E, for Orrstown
Bank Direct Deposit Interest Checking Account # 106004242, with redacted copies of
statements. See Exhibit 2 attached hereto and incorporated herein by reference.
9. Defendant responded to Plaintiff's Interrogatory number 30, Form E, for Kabul
Bank in Afghanistan, stating that he (Defendant) does not have an account number or
statements for this account. See Exhibit 3 attached hereto and incorporated herein by
reference.
10. Defendant has failed to show why he should not have to produce a satisfactory
response to Interrogatory number 30 with regard to the Kabul Bank account which he
acknowledges owning.
11. Kabul Bank offers its clients access to their accounts online; Kabul Bank uses
traditional thirteen digit account numbers, such as are used throughout the banking
world. See Exhibit 4 attached hereto and incorporated herein by reference.
2
12. Defendant responded to Plaintiff's Interrogatory number 39, a - e, #1, concerning
his Chase Bank Visa Account, Account # 4417-1258-4295-5852, with redacted copies of
statements. See Exhibit 5 attached hereto and incorporated herein by reference.
13. Defendant responded to Plaintiff s Interrogatory number 39, a - e, #2, concerning
his Orrstown Bank Visa Signature Card Account, Account # 4147-7685-6500-8347, with
redacted copies of statements. See Exhibit 6 attached hereto and incorporated herein by
reference.
14. Defendant has offered no reason why redacted statements should be permitted as
complete answers in any of the above referenced responses.
15. Plaintiff has expended attorneys fees in the amount of no less than $600 to
institute this motion to compel Defendant to produce answers in line with the letter and
the spirit of Pennsylvania's Rules of Civil Procedure.
16. Plaintiff anticipates additional attorneys time and effort may be required to fully
insure Defendant's compliance with the answering of Plaintiffs Interrogatories and
Request for Production of Documents.
17. The Honorable Judge Ebert scheduled a hearing in the present case regarding a
previously filed Petition for the Forced Sale of the Marital Home filed by Plaintiff.
18. Plaintiff s counsel has sought concurrence from opposing counsel, J. Paul
Helvy, Esquire. Attorney Helvy has not responded to the request for concurrence
therefore, it is anticipated that Attorney Helvy does not concur with the present Motion.
19. Plaintiff prays This Honorable Court permit her to supplement her request for
attorneys fees to reflect any additional amount of time required to secure answers to the
interrogatories referenced above.
3
WHEREFORE, Plaintiff requests this Honorable Court
A. Order Defendant to fully answer the interrogatories, without redacted statements,
but with complete statements which include the entire text as received from the
source;
B. Produce account statements for Defendant's account wit the Kabul Bank the past
two years;
C. Pay Plaintiff s reasonable attorneys fees in the prosecution of this Motion in the
amount of not less than $600.00;
D. Such other relief as This Honorable Court deems appropriate.
Date: C Q
Respectfully Submitted,
BY: k -
Mark A. Mateya
Attorney for Plaintiff
P.O. Box 127
Boiling springs, pA 17007
(717) 241-6500
(717) 241-3099 Fax
4
LESLIE A. SHAW, : IN THE COURT OF COMMON P
Plaintiff : CUMBERLAND COUNTY LEAS
PENNSYLVANIA
V. NO. 06-5195
BRADLEY A. ANTES, '
Defendant CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
CERTIFICATE OF NON-CONCURRENCE
I, Mark A. Mateya, attorney for Plaintiff Leslie A. Shaw spoke with the office of
opposing counsel, J. Paul Helvy Esquire, attorney for the Defendant, requesting his conc
in the Plaintiff's Motion for More Definite and Thorough Answers g concurrence
? veers to Plaintiff's First Set of
Interrogatories and Request for Production of Documents. Attorney Helvy, did not
return the
telephone call. Therefore, it is anticipated that Attorney Helvy doese not concur with the Motion.
Respectfully submitted,
q? 6-7'-
j6A-
Date:
Mark A. Mateya, Esq ' e
Attorney I.D. No. 78 1
PO Box 127
Boiling Springs, pA 17007
(717) 241-6500
(717) 241-3099 Fax
Attorney for Plaintiff
CERTIFICATE OF VICE
I, hereby certify that I have served a copy of the foregoing Pleading on the following
person(s) by depositing a true and correct copy of the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
Dated:
Mark A. Mateya, E ire
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
ca a o
Na
C)
CR
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-5195
: CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
PRAECIPE TO WITHDRAW
PETITION FOR FORCED SALE OF THE MARITAL HOME
AND EQUITABLE DISTRIBUTION
AND NOW comes Plaintiff, Leslie A. Shaw, by and through her counsel, Mark A.
Mateya, Esquire, and advises the Court that the parties herein have amicably resolved the present
matter and wishes to withdraw the Petition for Forced Sale of the Marital Home and the
Equitable Distribution therefrom and cancel the hearing presently scheduled for Tuesday,
October 2, 2007. A copy of the Stipulation and Agreement is attached hereto as Exhibit "A" and
is incorporated herein by reference.
Respectfully submitted,
W4?
Mark A. Mateya, Esq ' e
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Date: _q
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW, No. 06-5195
Plaintiff
V.
BRADLEY A. ANTES, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
LESLIE A. SHAW, ORDER NUMBER 00762 S 2006
Plaintiff
V. PACSES Case Number 903108586
DOCKET Number 00762 S 2006
BRADLEY A. ANTES,
Defendant Other State ID Number
STIPULATION
AND NOW, this a? day of ?K0{?w.h , 2007, the parties to this action hereby
agree and stipulate as follows:
WHEREAS, Mr. Antes has assumed residence in the marital residence located at 8
Lennon Lane, Carlisle, PA 17013;
WHEREAS, Brad Antes' support obligation in the above action includes a mortgage
contribution in the amount of $385.54;
WHEREAS, it is Brad Antes' intent to assume responsibility for the mortgage and to
refinance the marital residence in his own and/or another's name, completely removing
Wife's names from said loans.
NOW, THEREFORE, the parties, intending to be legally bound, hereby covenant
and agree:
1. Brad Antes will assume responsibility for the mortgage and home equity loan
encumbering the marital residence located at 8 Lennon Lane, Carlisle, PA 17013, effective
July 1, 2007.
2. Within 90 days of the signing of this agreement, Mr. Antes shall take the
necessary steps to refinance the marital residence in his own and/or another's name,
completely removing Wife's names from said loans.
3. Leslie Shaw shall, upon signing of this agreement, execute a deed
transferring the marital property from joint names to Brad Antes' name alone.
4. Brad Antes agrees that the original fully executed deed shall be held in
Attorney Paul Helvy's office and shall not be released to Brad Antes or recorded until such
time as Mr. Antes has taken the necessary steps to refinance the marital residence in his
own and/or another's name, completely removing Wife's names from said loans.
5. If Mr. Antes in unable to secure new financing or refinancing for the marital
residence and the home equity loan n his own and/or another's name, completely removing
Wife's names from said loans within ninety days of the date of signing this document, house
to be listed for public sale.
6. The parties agree that the transfer of said deed from joint names to Brad
Antes alone shall not operate as a waiver of any claim that Leslie Shaw has to the existing
equity in the marital residence. If Mr. Antes and Ms. Shaw are unable to agree on a fair
market value price of the marital home, they agree to share the cost of an agreed upon
appraiser, whose appraisal price shall be binding, with the proceeds from the sale of the
house to be held in escrow pending further agreement of the parties or order of court.
2;
7. Leslie Shaw agrees that she shall take the necessary steps to cause the
Domestic Relations Order, entered on November 2, 2006, to be reduced by $385.54,
effective July 1, 2007.
WITNESS:
Leslie A. Shaw
?1 Y
Brad A. Antes
3
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Pleading on the following
person(s) by depositing a true and correct copy of the same in the United States Mail, first class,
postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
LLA. ?'?
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
Dated:
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LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
OCT 0 82DDUY?
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195
CIVIL ACTION -LAW
IN DIVORCE AND CUSTODY
ORDER
AND NOW this day of October, 2007, upon consideration of the foregoing
Praecipe to Withdraw Petition for Forced Sale of the Marital Home and Equitable Distribution
from the Proceeds Therefrom,
IT IS HEREBY ORDERED AND DECREED that Petition for Forced Sale of the
Marital Home and Equitable Distribution of the Proceeds Therefrom is hereby withdrawn
without prejudice and the hearing presently scheduled for Tuesday, October 2, 2007, is hereby
cancelled.
BY THE COURT:
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LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5195
BRADLEY A. ANTES, CIVIL ACTION -LAW
Defendant IN DIVORCE AND CUSTODY
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, Leslie A. Shaw, by and through her attorney, Mark A. Mateya,
Esquire, and respectfully represents:
1. That on June 15, 2007, Plaintiff's counsel served Interrogatories and Request for
Production of Documents on Defendant's counsel.
2. That on or about July 12, 2007, Defendant filed answers to Plaintiff's Interrogatories
and Request for Production of Documents.
3. That on or about July 31, 2007, Defendant filed supplemental answers to Plaintiff's
Interrogatories and Request for Production of Documents.
4. Defendant's answers to Plaintiff's Interrogatories and Request for Production of
Documents and supplemental answers failed to adequately respond to Interrogatories and contained
documentation which had redacted information. Defendant has failed to raise any affirmative
defenses, privileges, statutory protection or objections to the missing information.
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3. A Rule to Show Cause was issued upon Defendant's counsel on September 20, 2007,
to show why the relief requested should not be granted.
4. No response to the Rule was filed and the requisite twenty (20) days has passed in which
Defendant's counsel could respond to same.
WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order
granting the relief requested as follows:
a. Directing Defendant to answer Plaintiffs Interrogatories within ten days of this
Court's Order;
b. Directing Defendant to produce any documents relied upon in answering the
Interrogatories so that Plaintiff's counsel may review said items; and
c. Ordering Defendant to pay Plaintiff's reasonable attorneys fees, costs and expenses
incurred in obtaining this Order in the amount of no less than $600.00.
d. Such other relief as this Honorable Court deems appropriate.
Respectfully submitted,
plk
Mark A. Mateya, E uire
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Attorney for Plaintiff
Dated:
CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the MOTION TO
MAKE RULE ABSOLUTE on the following person(s) by depositing a true and correct copy of the
same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County,
Pennsylvania addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
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Mark A. Mateya, E wire
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Attorney for Plaintiff
DATED: ` v
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LESLIE A. SHAW, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195 CIVIL
V.
BRADLEY A. ANTES,
DEFENDANT IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this 1St day of November, 2007, in consideration of Plaintiff's
Amended Motion for More Definite and Thorough Answers to Plaintiff's First Set
of Interrogatories and Request for Production of Documents,
IT IS HEREBY ORDERED AND DIRECTED that a rule shall issue upon
the Defendant to show cause why he did not fully respond to Plaintiffs
Interrogatories Number 30 and 39 in that he provided redacted copies of the
requested bank statements.
IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall
show cause why he could not produce any account information regarding
Defendant's account with Kabul Bank.
A status conference on this matter with counsel will be held on
Wednesday, December 5, 2007, at 8:30 a.m. in chambers of Courtroom No. 5, at
which time the Defendant's counsel shall bring with him un-redacted copies of all
of the requested bank and credit union statements.
By the Court,
M. L. Ebert, Jr.,
:G
Xark A. Mateya, Esquire
Attorney for Plaintiff
Paul Helvy, Esquire
Attorney for Defendant
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LESLIE A. SHAW, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5195 CIVIL
V.
BRADLEY A. ANTES,
DEFENDANT IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this 5th day of December, 2007, after consideration of the
letter dated December 4, 2007, regarding the Plaintiff's Amended Motion for
More Definite and Thorough Answers to Plaintiff's First Set of Interrogatories and
Request for Production of Documents,
IT IS HEREBY ORDERED AND DIRECTED that upon agreement of the
parties, the status conference scheduled for this date is continued generally.
By the Court,
M. L. Ebert, Jr., J.
Mark A. Mateya, Esquire
Attorney for Plaintiff ?!ES MID `
J. Paul Helvy, Esquire
Attorney for Defendant /a/9/07
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McNees Wallace & Nurick LLC
By: J. Paul Helvy, Esquire
Attorney I.D. No. 53148
Audrey L. Buglione
Attorney I.D. No. 206587
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5343
(717) 237-5300 (fax)
phelyya-mwn.com
abuglione -mwn.com
LESLIE A. SHAW,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRADLEY A. ANTES,
Defendant
No. 06-5195
CIVIL ACTION -LAW
IN DIVORCE AND CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
1. Petitioner is Bradley A. Antes, (hereinafter "Father"), and resides at 8
Lennon Lane, Carlisle, Cumberland County, Pennsylvania 17015.
2. Respondent is Leslie A. Shaw, (hereinafter "Mother"), and resides at 119
Westgate Drive, Mount Holly Springs, PA 17065.
3. Petitioner and Respondent are the natural parents of Carlie Antes, born
September 15, 1998 and Elizabeth Antes, born January 2, 2001.
4. On April 9, 2007, by agreement of the parties, an Order of Court was
entered regarding custody of Carlie and Elizabeth Antes, a true and correct copy of
which is attached hereto as Exhibit "A".
5. The existing Order is vague and allows for Father to exercise custody only
by agreement of the parties.
6. Father believes and therefore avers that it is in the best interests of the
children that the existing custody Order be modified to allow for Father to spend
significantly expanded time with the children.
WHEREFORE, Petitioner request that this Honorable Court modify the
existing Custody Order because it will be in the best interest of the children.
Respectfully submitted,
McNEES, VyAL64CE & NURICK, LLC
By
J. Paul Hvfvy -
Attorney I.D. No. 5 148
Audrey L. Buglione
Attorney I.D. No. 206587
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5343
Dated: March 14, 2008 Attorneys for Petitioner/Defendant
2
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
Dated: 3 - I q - Ce??
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a copy of the foregoing
document was served by first class mail, postage prepaid, upon the following:
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
n fer Royer, Legal Se etary
Date: March 14, 2008
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McNees Wallace & Nurick LLC
By: J. Paul Helvy, Esquire
Attorney I.D. No. 53148
Audrey L. Buglione
Attorney I.D. No. 206587
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5343
(717) 237-5300 (fax)
phelw -mwn.com
abuglioneO-mwn.com
LESLIE A. SHAW, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 06-5195
BRADLEY A. ANTES, CIVIL ACTION -LAW
Defendant IN DIVORCE AND CUSTODY
AMENDED PETITION FOR MODIFICATION OF CUSTODY ORDER
1. Petitioner is Bradley A. Antes, (hereinafter "Father"), and resides at 8
Lennon Lane, Carlisle, Cumberland County, Pennsylvania 17015.
2. Respondent is Leslie A. Shaw, (hereinafter "Mother"), and resides at 119
Westgate Drive, Mount Holly Springs, PA 17065.
3. Petitioner and Respondent are the natural parents of Carlie Antes, born
September 15, 1998 and Elizabeth Antes, born January 2, 2001.
4. On April 9, 2007, by agreement of the parties, an Order of Court signed by
Judge Ebert was entered regarding custody of Carlie and Elizabeth Antes, a true and
correct copy of which is attached hereto as Exhibit "A".
5. The existing Order is vague and allows for Father to exercise custody only
by agreement of the parties.
6. Father believes and therefore avers that it is in the best interests of the
children that the existing custody Order be modified to allow for Father to spend
significantly expanded time with the children.
7. Concurrence of Plaintiff/Respondent's counsel was sought and
Plaintiff/Respondent's counsel does not concur with this Petition for Modification.
WHEREFORE, Petitioner request that this Honorable Court modify the
existing Custody Order because it will be in the best interest of the children.
Respectfully submitted,
By
ES, WALLACE &VURICK, LLC
J. PaullHelvy 5
Attorney I.D. No. 53148
Audrey L. Buglione
Attorney I.D. No. 206587
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5343
Dated: March 17, 2008 Attorneys for Petitioner/Defendant
2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a copy of the foregoing
document was served by first class mail, postage prepaid, upon the following:
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
J n f Royer, Legal Secreta
Date: March 17, 2008
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
I (? ?'?
Dated: -3
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LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5195
BRADLEY A. ANTES, CIVIL ACTION -LAW
Defendant IN DIVORCE
ORDER
AND NOW, this ]M day of , 2007, it is hereby
ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this
Court and said Stipulation is adopted in its entirety and incorporated here as an Order of Court.
BY THE COURT:
TRUE CG?gY, RAM RECORD
and
„nto set MY
In Te timony
and a seal a.
LESLIE A. SHAW,
Plaintiff
PENNSYLVANIA
V.
BRADLEY A. ANTES,
Defendant
IN THE COURT OF CON ON PLEAS
: CUMBERLAND COUNTY,
NO. 06-5195
CIVIL ACTION -LAW
. IN DIVORCE n
STIPULATION FOR CUSTODY c)
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This Stipulation made this Z day of 10 c )?° , 2006, by and bet n I Elie
A. Shaw (hereinafter "Mother") and Bradley A. Antes (hereinafter "Father"). The parties do
hereby stipulate and agree to the entry of a Custody Order regarding their minor children,
Carlie Antes, date of birth: 9/15/98, and Elizabeth Antes, date of birth: 1/2/01 (hereinafter
"children").
1. Legal Custody: Mother and Father shall have shared legal custody of the
children. The parties agree that major decisions concerning their children including, but not
necessarily limited to, the children's health, welfare, education, religious training and
upbringing shall be made by them jointly, after discussion and consultation with each other,
with a view toward obtaining and following a harmonious policy in their children's best
interests.
2. Primary Physical Custody: Mother shall have primary physical custody of the
children, subject to periods of partial custody to be exercised by Father by agreement of the
parties when he is in the Central Pennsylvania area.
3. Restrictions on Travel: Neither parry shall take the children outside of the State
. . i
of Pennsylvania without sevexi days written notice to the other party.: 1ermore, neither party
shall take the children outside of the United States without prior written approval from the other
party.
4. Jurisdiction and Venue: The parties agree that the Cumberland County Court of
Common Pleas presently has jurisdiction and is the proper venue of any dispute whatever
involving the custody of the Children. The parties further agree that they will abide by the
Uniform Custody Jurisdiction Act with regard to any future litigation involving the custody of
the children.
IN WITNESS WHEREOF, the parties hereto have executed, sealed, and acknowledged
this agreement on the day and year above-written.
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Mark A. Mateya, Es i e
Attorney for Plaintiff
Leslie A. Shaw
Plaintiff
Bradley A. Antes
Defendant
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LESLIE A. SHAW IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2006-5195 CIVIL ACTION LAW
BRADLEY A. ANTES
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, March 20, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 25, 2008 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
00-0?
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MAY - 7 2008
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRADLEY A. ANTES, NO. 2006-5195
Defendant IN CUSTODY
COURT ORDER
AND NOW, this ],? day of May, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County
Courthouse on the I S'day of Lt- k Sf, 2008, at q 3 r -.m. At this hearing, the
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Father shall be the moving party and shall proceed initially with testimony. Counsel for the
parties shall file with the Court and opposing counsel a Memorandum setting forth the
history of custody in this case, the issues currently before the Court, a list of witnesses who
will be called on behalf of each party, and a summary of the anticipated testimony of each
witness. This Memorandum shall be filed at least five (5) days prior to the above mentioned
hearing date.
2. Pending further Order of this Court, this Court's prior Order shall remain in
effect and the parties shall continue to handle physical custody consistent generally with the
schedule that has been in place since the entry of the prior Order.
BY THE COURT,
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M. L. Ebert, J.
cc: Mark A. Mateya, Esquire
J. Paul Helvy, Esquire tAfAi4 i?'K? ?a d
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LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRADLEY A. ANTES, NO. 2006-5195
Defendant IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
PRIOR JUDGE: HONORABLE M. L. EBERT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of
this litigation is as follows:
Carlie Antes, born September 15, 1998, and Elizabeth Antes, born January 2, 2001.
2. A Conciliation Conference was held on May 1, 2008, with the following
individuals in attendance:
The father, Bradley A. Antes, who appeared without counsel though he indicated
that his attorney was remaining in the case, and the mother, Leslie A. Shaw, with her
counsel, Mark A. Mateya, Esquire.
3. The parties are operating under an existing Custody Order entered by
Judge Ebert on April 9, 2007, which provides shared legal custody and Mother having
primary custody with Father to have periods of temporary custody as agreed. Father is now
seeking what is essentially a 50/50 shared physical custody arrangement. Mother is
unwilling to agree to such a modification and a hearing is required.
4. The Conciliator recommends an Order in the form as attached.
_b9
Date:
Hubert X. ilroy, Esquire
Custody onciliator
LESLIE A. SHAW, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRADLEY A. ANTES, : Q?o J /9-1
DEFENDANT DJR&tW CIVIL TERM
ORDER OF COURT
AND NOW, this I ? day of August, 2008, this case is reassigned to
this judge. A hearing will be conducted as scheduled on Friday, August 15, 2008, but
will commence promptly at 8:30 a.m.
By Jh6 Cou
Edgar B. Bayley, J.
.Hark A. Mateya, Esquire
For Plaintiff
Hadley A. Antes, Pro se
8 Lennon Lane
Carlisle, PA 17015
Court Administrator
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LESLIE A. SHAW,
PLAINTIFF
V.
BRADLEY A. ANTES,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01o•5195
..06-6W CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this day of September, 2008, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Leslie A. Shaw and Bradley A. Antes shall have shared legal custody of
Carlie Antes, born September 15, 1998, and Elizabeth Antes, born January 2, 2001.
(3) The mother shall have primary physical custody of Carlie and Elizabeth.
(4) The father shall have periods of temporary physical custody as follows:
(a) During each school year, every other weekend from Friday after
school until Sunday evening, and one evening each week.
(b) During each summer school vacation break, on a two-week/one-week
alternating schedule with the father's first two week period starting at 9:00 a.m.
on the first Sunday at the beginning of the summer school break. Exchanges
shall continue at 9:00 a.m. on Sundays at the end of the father's two week
periods and at the end of the mother's one week period.
(c) At such other times as the parties may agree.
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06-5195 CIVIL TERM
the Cou
Edgar B. Bayley, J.
JA-ark Mateya, Esquire
For Plaintiff
radley A. Antes, Pro se
8 Linen Lane
Carlisle, PA 17013
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LESLIE A. SHAW,
PLAINTIFF
V.
BRADLEY A. ANTES,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 06-5195 CIVIL TERM
IN RE: CUSTODY
OPINION AND ORDER OF COURT
Bayley, J., September 3, 2008:--
Leslie A. Shaw and Bradley A. Antes are the parents of Carlie Antes, born
September 15, 1998, age 9, and Elizabeth Antes, born January 2, 2001, age 7. On
September 7, 2006, the mother filed a complaint for custody. A custody order was
entered by consent on April 9, 2007, that provides the mother with primary physical
custody and the father with periods of temporary physical custody by agreement. On
March 14, 2008, the father filed a petition to modify seeking shared physical custody of
the children week on and week off. A hearing was conducted on August 15, 2008.
The parents were married in 1996. They owned a four bedroom home outside of
Carlisle that is in the South Middleton School District. The father was in the military in
Afghanistan from March, 2003, to July, 2004. He returned to Afghanistan in a civilian
job in July, 2006. He testified that he went back because of a lucrative offer. At the
time he thought he might stay either one, two or three years. Five days after he left, the
mother discovered an email that indicated that the father was involved with Jackie
Maddox. The father returned home in June, 2007. Just before his return, the mother
06-5195 CIVIL TERM
took Carlie and Elizabeth to live in a three bedroom home in Mount Holly Springs, which
is in the South Middleton School District. The father returned to the marital residence
and Jackie Maddox moved in with him at the end of July, 2007. A divorce action is
pending between the parents.
The father is a budget officer in the United States Army Reserves which requires
some limited duty. Out of his residence he operates a consulting and management
company that facilitates obtaining government contracts. Since July, 2004, the mother
has worked for the Commonwealth of Pennsylvania in the Office of Child Development
and Early Learning. She leaves for work weekdays at 7:15 a.m. and gets out at 4:00
p.m. During the father's first tour in Afghanistan, the mother had an au pair from
Germany. The au pair stayed a second year when the father was home. When the
father returned to Afghanistan in 2006, the au pair came back for the summer. When
the 2006/2007 school year started, the mother started using before and after daycare.
This past summer the mother asked the father to take care of Carlie and Elizabeth
when she was working. The father said he could not. The mother found a weekday
sitter for the children.
Carlie and Elizabeth are healthy, happy, active children.' They have a lot of
friends. They have a good relationship with both their parents. For the 2008/2009
school year, Carlie will be in fourth grade and Elizabeth in second grade. Carlie is
' Given the turmoil in the life of the parents, both children were in counseling but that
has ended successfully.
-2-
06-5195 CIVIL TERM
doing very well in school. Elizabeth, who has ADD, is doing average. Both parents are
involved in their school activities. The children go to church when they are with the
mother but not when they are with the father.
The father has been having Carlie and Elizabeth every other weekend from
Friday evenings through Sunday evenings and for one evening a week. He will have
them for the last week of this summer before they go back to school. He believes that
the mother has a good relationship with the children, but he wants to spend more time
with them. He testified that the children can use a bus to go to school but that he would
take them to school and would be home when they return at the end of the school day.2
The mother's complete focus has been on taking care of her children. She provides
them with excellent consistency and structure. She testified that the father is a good
father, but she does not think he can provide that consistency and structure on a week
on week off basis during the school year.
A determination of a child's best interest is on a case-by-case basis, and is to be
premised upon consideration of all facts that legitimately affect the child's physical,
intellectual, moral and spiritual well-being. Alfred v. Braxton, 442 Pa. Super. 381
(1995). We are satisfied that the stability and consistency that the mother has always
provided for Carlie and Elizabeth, which is in their best interest, should be maintained
and not put at risk by changing to a week on week off custodial arrangement during the
z Jackie Maddox works weekdays from 9:30 a.m. to 5:00 p.m. for a land insurance
agency.
-3-
06-5195 CIVIL TERM
school year. However, we do believe that the father should have significantly increased
time with Carlie and Elizabeth during summer school vacation periods. Accordingly, the
following order is entered.3
ORDER OF COURT
AND NOW, this ? day of September, 2008, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Leslie A. Shaw and Bradley A. Antes shall have shared legal custody of
Carlie Antes, born September 15, 1998, and Elizabeth Antes, born January 2, 2001.
(3) The mother shall have primary physical custody of Carlie and Elizabeth.
(4) The father shall have periods of temporary physical custody as follows:
(a) During each school year, every other weekend from Friday after
school until Sunday evening, and one evening each week.
(b) During each summer school vacation break, on a two-week/one-week
alternating schedule with the father's first two week period starting at 9:00 a.m.
on the first Sunday at the beginning of the summer school break. Exchanges
shall continue at 9:00 a.m. on Sundays at the end of the father's two week
periods and at the end of the mother's one week period.
(c) At such other times as the parties may agree.
3 There was no testimony regarding any disagreement between the parties as to the
way in which they have been handling holiday periods. We will not set a holiday
schedule unless the father files a petition, which can be directed to this judge, asking
for such an order.
-4-
06-5195 CIVIL TERM
By t ourt,
i
Edgar B. Bayley, J.
Mark Mateya, Esquire
For Plaintiff
Bradley A. Antes, Pro se
8 Linen Lane
Carlisle, PA 17013
:sal
-5-
. 4116
r
McNees Wallace & Nurick LLC
By: J. Paul Helvy, Esquire
Attorney I.D. No. 53148
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
(717) 237-5300 (fax)
Phelvv(&-mwn.com
Attorneys for Defendant
LESLIE A. SHAW,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRADLEY A. ANTES,
Defendant
: No. 06-5195
CIVIL ACTION -LAW
IN DIVORCE AND CUSTODY
MOTION FOR APPOINTMENT OF MASTER
Defendant, Bradley A. Antes, moves the Court to appoint a master with respect to
the following claims:
M Divorce
? Annulment
M Alimony
M Alimony Pendente Lite
® Distribution of Property
? Support
? Counsel Fees
? Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claims for which the appointment of a master
is requested.
2. The non-moving party has appeared in the action by counsel, Mark A.
Mateya, Esquire.
3. The statutory ground(s) for divorce are: 23 Pa. C.S.A. § 3301(c),(d).
4. The action is contested with respect to the following claims: Alimony,
Alimony Pendente Lite and Equitable Distribution.
5. The action does not involve complex issues of law or fact.
•.
61 6. The hearing is expected to take 1 day.
7. Additional information, if any, relevant to the motion: None.
Date: ?-P-os> am. J. Paul He y
Attorney I. 116?53148
AND NOW
Attorneys for Defendant
2008,
Esquire, is
appointed master with respect to the following claims:
BY THE COURT:
J.
MOVING PARTY
J. Paul Helvy, Esquire
I.D. No. 53148
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 233-8000
(717) 237-5300 (fax)
NON-MOVING PARTY
Mark A. Mateya, Esquire
I.D. No. 78931
117 Race Street
P.O. Box 127
Boiling Springs, PA 17007-0127
(717) 241-6500
(717) 241-3099 (fax)
d.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class mail, postage prepaid, upon the following:
Mark A. Mateya, Esquire
117 Race Street
PO Box 127
Boiling Springs, PA 17007
Date: nifer L. Keen, Paralegal
/ U
c?
Fri --d
z
s?Y7
t 1.
VIP I L .?
McNees Wallace & Nurick LLC
By: J. Paul Helvy, Esquire
Attorney I.D. No. 53148
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
(717) 237-5300 (fax)
phelvyCa)_mwn.com
Attorneys for Defendant
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
MOTION FOR APPOINTMENT OF MASTER
Defendant, Bradley A. Antes, moves the Court to appoint a master with respect to
the following claims:
Divorce
Annulment
j Alimony
Z Alimony Pendente Lite
and in support of the motion states:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-5195
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
® Distribution of Property
? Support
? Counsel Fees
? Costs and Expenses
1. Discovery is complete as to the claims for which the appointment of a master
is requested.
2. The non-moving party has appeared in the action by counsel, Mark A.
Mateya, EsgUire.
3. The statutory ground(s) for divorce are: 23 Pa. G.S.A. § 3301(c),(d).
4. The action is contested with respect to the following claims: Alimony,
Alimony Pendente Lite and Equitable Distribution.
d?
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take 1 day.
7. Additional information, if any, relevant to the motion: None.
Date: DO t5x- J. Paul He y
Attorney I. . o. 53148
Attorneys for Defendant
AND NOW 1 t , 2008, Esquire, is
appointed master with respect to the following claims:
BY T COUR
W?oo
J.
MOVING PARTY
? J. Paul Helvy, Esquire
I.D. No. 53148
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 233-8000
(717) 237-5300 (fax)
NON-MOVING PARTY
Mark A. Mateya, Esquire
I.D. No. 78931
117 Race Street
P.O. Box 127
Boiling Springs, PA 17007-0127
(717) 241-6500
(717) 241-3099 (fax)
o,r i ES `rn.d.c LL
I
q?i?o?
3-- `
00
lw
LESLIE A. SHAW,
Plaintiff
VS.
BRADLEY A. ANTES,
Defendant
TO: Mark A. Mateya
J. Paul Helvy
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 5195 CIVIL
IN DIVORCE
, Attorney for Plaintiff
, Attorney for Defendant
DATE: Wednesday, September 17, 2008
CERTIFICATION
[ ] I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
f
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
9/30/0
DATE Ai EL FOR P INTIFFO EFEND T ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
K:. csy 'Yy
7
LESLIE A. SHAW, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 06-5195
BRADLEY A. ANTES, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
ACCEPTANCE OF SERVICE
I, J. Paul Helvy, Esquire, counsel for Defendant, Bradley A. Antes, hereby
acknowledges that service of the Divorce Complaint filed on September 7, 2006, was
hereby accepted on September 26, 2006, which was within the 30-day time period of the
filing of the Complaint.
NESS
Dated: &1;7 6 q Dated: &L
CERTIFICATE OF SERVICE
I, hereby certify that I have served a copy of the foregoing Pleading on the following
person(s) by facsimile and by depositing a true and correct copy of the same in the United States
Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania
addressed to:
J Paul Helvy Esquire
McNees Wallace & Nurick LLC
PO Box 1166
Harrisburg, Pa 17108
az,6-'? azmd&
ICo,,? Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
Dated: J - (P "0 9
C`) na
r:
'17 7' -r
a
J. Paul Helvy
I.D. No. 53148
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-5343
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW,
Plaintiff
No. 06-5195
V.
BRADLEY A. ANTES,
Defendant
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
LESLIE A. SHAW,
Plaintiff
ORDER NUMBER 00762 S 2006
V. PACSES Case Number 903108586
DOCKET Number 00762 S 2006
BRADLEY A. ANTES,
Defendant Other State ID Number
PETITION TO WITHDRAW APPEARANCE
J. Paul Helvy, Esquire, counsel at McNees Wallace & Nurick LLC,
respectfully petitions this Honorable Court for leave to withdraw his appearance
as counsel for Bradley A. Antes, and, in support thereof, avers as follows:
Bradley A. Antes, an adult individual, has a current mailing address
of PO Box 1452, Carlisle, PA 17013.
2. Petitioner J. Paul Helvy has determined that he is unable to
continue the representation of Bradley A. Antes for a variety of reasons which, if
necessary, will be addressed at a hearing regarding this Petition.
WHEREFORE, Petitioner J. Paul Helvy respectfully requests leave to
withdraw his appearance as attorney for Bradley A. Antes.
Dated: April/(? 2009
McNEES WALLACE & NURICK LLC
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy
of the foregoing document was served by first-class mail upon the following:
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
1-4 - _0
Mic Ile Armour, Secretary
Dated: April/?, 2009
A LED- -C-) C,
OF THE FROI ,'--INTMY
2009 APR 17 PM 1; 10
i
APR 17 2009
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
LESLIE A. SHAW,
Plaintiff
V.
BRADLEY A. ANTES,
Defendant
ORDER NUMBER 00762 S 2006
PACSES Case Number 903108586
DOCKET Number 00762 S 2006
Other State ID Number
RULE
AND NOW, this 1day of )9AA\ , 2009, upon consideration of the
Petition of J. Paul Helvy for Leave to Withdraw as counsel for Bradley A. Antes, a
Rule is hereby entered upon Bradley A. Antes, to show cause, if any, why the
Petition should not be granted and why J. Paul Helvy, Esquire should not be
permitted to withdraw as counsel for Bradley A. Antes.
Rule returnable in 1 V days of service.
No. 06-5195
Ell- ?,-- _ 1
r ILI
r
Ll';
i?zl
LA -L ?+
wLL
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C?D
Page 1 of 3
Anderson, Sharon
From: Court Administrator
Sent: Thursday, April 30, 2009 1:35 PM
To: Anderson, Sharon
Subject: FW: Shaw v. Antes
Melissa H. Calvanelli
District Court Administrator
Cumberland County
From: Brad Antes [mailto:bradantes@yahoo.com]
Sent: Thursday, April 30, 2009 12:27 PM
To: Court Administrator
Subject: Fw: Shaw v. Antes
Ms. Melissa H. Calvanelli,
Attached and forwarded is an email I recieved today from Paul Helvy my divorce counsel. He is attempting to
withdraw from my case rather than answer my questions concerning several aspects of my case concerning billing
charges, procedures that led to a few decisions, and other general questions.
I am disappointed in his actions to withdrawal from my case. Also, I am disappointed that he is taking this action
when he knows it is extremely difficult for me to challenge.
I am working in Iraq advising the Iraqi Army. Related to the goals set by President Obama to accelerate the
transition of control of Iraq, it is trickling down to a high tempo, high risk, and challenging environment. I do not have
the ability to reach out and obtain another attorney within the "Rule returnable in 10 days of service". Telephone
service is limited and, disturbingly, Paul knows that anykind of written response from me would not arrive there in 10
days.
Simple explinations from Paul with verification was all I asked of him. Instead I get an aggressive action to resign
from my case. Why? Is this cause for concern?
Additionally, I have paid him every dime that he billed to me up to the bill in question. I have spent over $35,000 on
my case and I am still not divorced, even though my assets don't justify this expense.
This is my effort to "to show cause" why the patition whould not be granted and why J. Paul Helvy, Esquire should
not be permitted to withdraw as counsel for Bradley A. Antes. In the Court of Common Pleas of Cumberland County,
Pennsylvania. Rule dated 27 April 2009. Signed "By THE COURT: Edgar B. Bayley.
Ref
Leslie A. Shaw, Plaintiff
V. No. 06-5195 Civil Action-Law in Divorce and Custody
Bradley A. Antes, Defendant
Leslie A. Shaw, Plaintiff
V. Order Number 00762 S 2006 PACSES Case Number 903108586
Docket Number 00762 S 2006
Bradley A. Antes, Defendant.
Please confirm that this is an acceptable cause and please do not allow for J. Paul Helvy Leave to Withdraw as
counsel for me, Bradley A. Antes. I look forward to hearing from you.
4/30/2009
Sincerely,
Brad Antes
--- On Thu, 4/30/09, Armour, Michelle <AL4rmour@@,mwn.com> wrote:
From: Armour, Michelle <MArmour@mwn.com>
Subject: Shaw v. Antes
To: bradantes@yahoo.com, "Antes, Brad A CIV LMAT" <brad.antes@iraq.centcom.mil>
Date: Thursday, April 30, 2009, 9:52 AM
Michelle C. Armour
Legal Secretary to J. Paul Helvy, Esquire
McNees Wallace & Nurick LLC
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
Direct Telephone: 717.237.5308
FAX: 717.260.1701
marmouKdomwn.com
McN Viedlejoe & Nurick uc
attar""" at ftW
CMGW *succm
Page 2 of 3
The foregoing message may be protected by the attomey-client privilege. If you believe it has been sent to you in error, do not read it.
Please reply to the sender that you have received the message in error, then delete it. Thank you.
Pursuant to U.S. Treasury Department Circular 230, unless we expressly state otherwise, any tax advice contained in this
communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties or (ii) promoting, marketing or recommending to another party any matter(s) addressed herein.
4/30/2009
J .
f
iLE.
THE P""' ?..''t THE
21,03 Teri ! - i P i C 2' G 7
4E
LESLIE A. SHAW, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRADLEY A. ANTES, .??
DEFENDANT :06-5G4@ CIVIL TERM
- - -- - - - -- - - - -------------- - - ---- - ------- - ----- - - ----------- ---------- - ---- -
LESLIE A. SHAW, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRADLEY A. ANTES,
DEFENDANT
PACSES NO. 903108586
762 SUPPORT 2006
ORDER OF COURT
AND NOW, this Ty day of April, 2009, based upon the general
allegations in the petition to withdraw as counsel and the response filed by Bradley A.
Antes, the motion to withdraw IS DENIED AT THIS TIME.
By the
Edgar B. Bayley, 1
b,Wark A. Mateya, Esquire
For Leslie A. Shaw _ t
Paul Helvy, Esquire V
For Bradley A. Antes
:sal
tea:
c 1
l._'
°.' } L U
..1...
?"
C-A V
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5195
BRADLEY A. ANTES, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on
September 7, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree in divorce after service of notice of intention
to request entry of the decree.
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 unsworn
falsification to authorities.
11L:?= a.
Leslie A. Shaw
Plaintiff
DATED: 1? ?d-l o q
OF THE
2009 AUG 25) AM 11: 58
cumz-n ; . k_ i I NITY
LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-5195
BRADLEY A. ANTES, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made 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 unsworn
falsification to authorities.
DATE d - °Z l - "R 0,
Leslie A. Shaw
Plaintiff
CF THE PPOTPONO-TARY
2009 AUG 25 AH 11: S 7
PEA JNSYS IA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW, No. 06-5195
Plaintiff
v.
BRADLEY A. ANTES, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
September 7, 2006.
2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days
have elapsed since the date of service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
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. Section 4904
relating to unsworn falsification to authorities.
Bradley A. Antes
Date: F---.2,0-09
{A]034722:1)
OF THE
2009 AUG 25 M 111: 58
CEJM? _ ti ?. J; Y Tr
?} t n
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LESLIE A. SHAW,
Plaintiff
v.
BRADLEY A. ANTES,
Defendant
No. 06-5195
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree in divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: 9 z 0 - o9
Bradley A. Antes
{A] 173694:1 }
R LED -4J
OF THE P PT ns,'IT Y
2009 AUG 25 AK l i : 58
CUMit.-,, :..i,, rC-16NITY
PENIISYEV,` t
LESLIE A. SHAW,
Plaintiff
VS.
BRADLEY A. ANTES,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 5195 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this a? day of 1#4,/
,
2009, the economic claims raised in the proceedin having been
resolved in accordance with a marriage settlement agreement
dated August 20, 2009, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
y, a
Edgar B. Bayley, P. .
cc: Mark A. Mateya
Attorney for Plaintiff
J. Paul Helvy
Attorney for Defendant
FLED-;,, 2009 AUG 27 P 2: 57
66 siys
MARRIAGE SETTLEMENT A GREEMENT
THIS AGREEMENT made thisA(f of , 2009, by and between
LESLIE A. SHAW, (hereinafter referred to as "WIF ") and BRADLEY A. ANTES,
(hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on June 15, 1996, in
Carlisle, Pennsylvania, and separated in July 1 of 1996. WIFE filed a Divorce Action in
Cumberland County, Pennsylvania, on September 7, 2006, docketed at 2006-5195 Civil
Term.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart
from each other. It is the intent and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their marital property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the
intent of the parties that such division shall be final and shall forever determine their
respective rights. The division of existing marital property is not intended by the parties
to constitute in any way a sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at
any place or places that he or she may select as they have heretofore been doing. Neither
party shall molest, harass, annoy, injure, threaten or interfere with the other party in any
manner whatsoever. Each party may carry on and engage in any employment, profession,
business or other activity as he or she may deem advisable for his or her sole use and
benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition
of any property now owned and not specified herein nor property hereafter acquired by
the other.
4.
The consideration for this contract and agreement is the mutual benefit to be
obtained by both of the parties hereto and the covenants and agreements of each of the
parties to the other. The adequacy of the consideration for all agreements herein
contained is stipulated, confessed, and admitted by the parties, and the parties intend to
be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
a. is represented by counsel of his or her own choosing;
b. is fully and completely informed of the facts relating to the subject
matter of this Agreement and of the rights and liabilities of the parties;
c. enters into this Agreement voluntarily after receiving the advice of
counsel;
d. has given careful and mature thought to the making of this Agreement;
e. has carefully read each provision of this Agreement; and
£ fully and completely understands each provision of this Agreement,
both as to the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the
interest and obligations of the parties in all property that they own separately, and all
property that would qualify as marital property under the Pennsylvania Divorce Code,
Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as
between themselves, their heirs and assigns. The parties have attempted to divide their
Marital Property in a manner that conforms to a just and fair standard, with due regard to
the rights of each Party. The division of existing Marital Property is not intended by the
parties to constitute in any way a sale or exchange of assets.
It is the further purpose of this Agreement to settle forever and completely any
obligation under the Pennsylvania Divorce Code or any other law relating to the past,
present and future support, alimony and/or maintenance of WIFE by HUSBAND or of
HUSBAND by WIFE and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates.
6.
Each party represents and warrants that he or she has made a full and fair
disclosure to the other of all of his or her property interests of any nature, including any
mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any
property is subject. Each party further represents that he or she has made a full and fair
disclosure of all debts and obligations of any nature for which he or she is currently liable
or may become liable. Each further represents and warrants that he or she has not made
any gifts or transfers for inadequate consideration of Marital Property without the prior
consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to
all joint and separate State and Federal Tax Returns filed by or on behalf of either or both
Parties during marriage.
7.
REAL ESTATE: The real estate titled in Husband's name alone at 8 Lennon
Lane, Carlisle, PA (the Marital Residence) will be the sole and exclusive property of
Husband who shall be solely responsible for any and all liabilities and debt associated
therewith.
8.
DEBTS: HUSBAND shall be solely responsible for all debts solely in his own
name including but not limited to personal loans, charge accounts, and credit cards.
WIFE shall be solely responsible for all debts soley in her own name including but not
limited to personal loans, charge accounts and credit cards.
Both parties represent and warrant to the other that neither has incurred and will
not incur in the future contract or incur, any debt of liability for which the other or the
estate of the other might be responsible.
9.
SPOUSAL SUPPORT, ALIMONY PENDETE LITE AND ALIMONY:
HUSBAND and WIFE agree that neither HUSBAND nor WIFE shall pay
Spousal Support, Alimony Pendente Lite or Alimony to the other following the execution
of this document.
10.
CHILD SUPPORT: HUSBAND and WIFE agree that child support shall be
payable in accordance with the present Order of Court and any subsequent Orders
relating to PACSES Case No. 903108586 of Cumberland County, Pennsylvania.
11.
CUSTODY: HUSBAND and WIFE agree that custody of the parties' minor
children Carlie Antes, born September 15, 1998 and Elizabeth Antes, born January 2,
2001, shall be in accordance with the Order of Court entered on September 3, 2008, to
case No. 2006-5195, Cumberland County, Pennsylvania, and any subsequent Orders
issued thereafter.
12.
CASH PAYMENT: The parties hereby agree that Husband shall make a cash
payment to Wife in an amount of EIGHTY THOUSAND DOLLARS ($80,000.00), as
full and final settlement of any and all financial obligations or liabilities from Wife to
Husband or Husband to Wife, excepting Paragraph Ten, above, relating to Child Support;
the cash payment shall be distributed from Husband to Wife, Five thousand dollars
($5,000.00) at the execution of this document and the remaining Seventy-five thousand
dollars on or before six months of the execution of this document or Husband's
refinancing of the marital home, whichever occurs first.
13.
PERSONAL PROPERTY: WIFE hereby waives all right and title which she
may have in any personal property of the HUSBAND. HUSBAND likewise waives any
interest, which he has in the personal property of the WIFE. Henceforth, each of the
parties shall own, have and enjoy independently of any claim or right of the other party,
all items of personal property of every kind, nature and description and wherever
situated, which are then owned or held by or which may hereafter belong to the
HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried.
Notwithstanding any other provisions in this document, all property transferred
hereunder is subject to the existing lien or liens set forth above. The respective transferee
of such property agrees to indemnify and save harmless the other party from any claim or
liability that such other party may suffer or may be required to pay on account of such
lien or encumbrance.
14.
AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE have
and shall retain sole and exclusive ownership of their own vehicles. HUSBAND shall
make no claim whatsoever relative to access to or use of WIFE'S vehicle and shall make
no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of
execution of this Agreement forward. WIFE shall make no claim whatsoever relative to
access to or use of HUSBAND'S vehicle and shall make no ownership claims of any
nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement
forward.
15.
INTANGIBLE PERSONAL PROPERTY: The parties have already transferred
or waived rights any interest in other intangible personal property, including their various
bank accounts, credit union accounts, and the like. Each party agrees to sign any
documents necessary to close any joint accounts within fifteen (15) days of signing of
this Agreement. Neither party shall make any claim of any nature whatsoever against the
other party relative to the financial accounts or other rights on such polices to the
respective party who presently owns such policy.
16.
SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree
to waive and relinquish any and all rights that he or she may now have or hereafter
acquire in any real or tangible personal property subsequently acquired by the other party.
HUSBAND and WIFE specifically agree to waive and relinquish any right in such
property that may arise as a result of the marriage relationship.
17.
PENSION, RETIREMENT, AND SURVIVOR BENEFITS: HUSBAND
agrees to waive, relinquish or transfer any and all of his right, title and interest he has or
may have in WIFE's pension through her present or prior employment. HUSBAND
hereby waives, relinquishes and transfers any and all right, title and interest he has in any
present retirement account, as well as other accounts that WIFE may have in her
individual name or may have secured through her present or prior employment.
WIFE agrees to waive, relinquish or transfer any and all of her right, title and
interest she has or may have in HUSBAND's pension through his present or prior
employment. WIFE hereby waives, relinquishes and transfers any and all right, title and
interest she has in any present retirement account, as well as other accounts that
HUSBAND may have in his individual name or may have secured through his present or
prior employment.
18.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title
and interest which she may have in the savings or checking or any other bank accounts of
the HUSBAND. HUSBAND agrees to waive all interest, which he may have in the
savings or checking or any other bank accounts of the WIFE.
19.
DIVORCE: The parties both agree to cooperate with each other in obtaining a
final divorce of the marriage. Any party who fails to cooperate with obtaining the
Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The
parties shall simultaneously with the signing of this Agreement, execute Affidavits of
Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said
documents shall be promptly filed with the court and counsel for the WIFE will promptly
file a Praecipe to Transmit Record and obtain a divorce decree.
20.
BREACH: If either party breaches any provisions of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach or
seek such other remedies or relief as may be available to him or her, and the party
breaching this contract should be responsible for payment of legal fees and costs incurred
by the other in enforcing their rights under this Agreement.
21.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other party any and all
further instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
22.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, and that it is being entered into
voluntarily, and that it is not the result of any duress or undue influence. The provisions
of this Agreement are fully understood by both parties and each party acknowledges that
the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence.
23.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of
the parties and there are no representations, warranties, covenants or undertakings other
than those expressly set forth herein.
24.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
25.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which may or have been executed prior to the date and time of this
Agreement are null and void and of no effect.
26.
PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their
own costs required to obtain and complete the divorce.
27.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise
provided, each party may dispose of his or her property in any way, and each party
hereby waives and relinquishes any and all rights he or she may now have or hereafter
acquire, under the present or future laws of any jurisdiction, to share in the property or
the estate of the other as a result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to
take against the Will of the other, and right to act as administrator or executor of the
other's estate, and each will, at the request of the other, execute, acknowledge and deliver
any and all instruments which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and claims.
28.
MODIFICATION: No modification, rescission or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
29.
SEVERABILITY: If any provision of this Agreement is held by a Court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions
hereof shall nevertheless survive and continue in full force and effect without being
impaired or invalidated in any way.
30.
AGREEMENT NOT TO BE MERGED: This Agreement may be filed with
the Court for incorporation into the Decree of Divorce for purposes of enforcement only,
but otherwise shall not be merged into said Decree. The parties shall have the right to
enforce this Agreement under the Divorce Code of 1980, as amended, and in addition,
shall retain any remedies in law or in equity under this Agreement as an independent
contract. Such remedies in law or equity are specifically not waived or released.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals
the day and year first above written.
WITNESSES:
04m, az?'M?
' a.. (SEAL)
4'vv-
LESLIE A. SHAW
?6au?
BRADLEY A. ANTES
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this X day of ,
2009, a Notary Public, in and for the Commonwealth of Pennsylvania and ounty of
Cumberland, LESLIE A. SHAW, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
a.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Frances A. Aumlller, Notary Public
COMMONWEALTH OF PENNSYLVANIA South Middleton Twp., cumberiand county
My Commi Sion Expires March 16, 2010
: SS. Member. Pennsv!vania Association of Notaries
COUNTY OF DAUPHIN
PERSONALLY APPEARED BEFORE ME, this z0' day of ,
2009, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Dauphin, BRADLEY A. ANTES, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereuntq set my hand and official seal.
ot$ry Public
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LESLIE A. SHAW, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-5195
BRADLEY A. ANTES, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court
for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(
c) of the Divorce Code.
2. Date and manner of service of the complaint:
Defendant's counsel signed an Acceptance of Service
(dated3/2/09) and filed with the Prothonotary on 3/9/09.
3. Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: by Plaintiff August
21, 2009 ;
by Defendant August 20.2009
(b)(1) Date of execution of the Plaintiffs affidavit required by
Section 3301(d) of the Divorce Code: N/A
(2) Date of service of the Plaintiffs affidavit upon the
Defendant: N/A
(3) Date of execution of the Defendant's affidavit required by
Section 3301(d) of the Divorce Code: N/A
4. Related claims pending: None.
+1
(a) Date and manner of service of the notice of intention to file
praecipe to transmit record, a copy of which is attached:
(b) Date plaintiff s Waiver of Notice in §3301( c) Divorce was
filed with the prothonotary: August 21, 2009
Date defendant's Waiver of Notice in §3301( c) Divorce
was filed with the prothonotary: August 20, 2009
Mark A. Mateya, E quire
P.O. BOX 127
Boiling Springs, PA 17007
(717) 241-6500
Attorney for Plaintiff
AE
_Y
OF THE
I'l
11
20011 U? 32 A
IN THE COURT OF COMMON PLEAS OF
LESLIE A. SHAW CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRADLEY A. ANTES
NO. 06-5195
DIVORCE DECREE
AND NOW, J/ "-
it is ordered and decreed thot
LESLIE A. SHAW
plaintiff, and
BRADLEY A. ANTES
defendant, are divorced from the
bonds of matrimony.
1
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.") ?0?
THE MARRIAGE SETTLEMENT AGREEMENT ENTERED INTO BY AND BETWEEN THE
PARTIES IS INCORPORATED BUT NOT MERGED INTO THE DIVORCE DECREE
By the Cou
Attest:
onotary
09 -4 a4 At+