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STATE OF WISCONSIN

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CIRCUIT COURT CHIPPEWA COUNTY Branch 1 ------------------------------------------------------JEFFREY P. ERBS, Petitioner, vs. MARY ANN ERBS, Respondent.
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CASE NO. 10 FA 11

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SCHEDULING

CONFERENCE/

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STATUS CONFERENCE

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chippewa

HOI~ORABLE RODERICK

A. CAMERON

CIRCUIT COURT JUDGE, PRESIDING Thursday, April 22, 2010 Chippewa Falls, Wisconsin

County Courthouse,

------------------------------------------------------APPEARANCES JEFFREY P. ERBS, the Petitioner, without counsel. appeared In person

PAMELA J. VEITH, Attorney Eau Claire, Wisconsin Respondent.

at Law, 706 1st Avenue, for the

54703, appearing

Reported by Connie G. Dillon, RMR, CRR

THE COURT:

I'll call the case of In Re the

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Marriage of Jeffrey P. Erbs and Mary Ann Erbs, 10 FA 11. Mr. Erbs appears in person and is Miss Erbs does not appear but her

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self-represented. attorney

Pamela Veith appears. This is the time set for a scheduling

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conference

and we're on the record as we speak.

believe we need to do what, schedule a date? else? MS. VEITH:

Anything

As the court is aware, I was Based upon my

recently retained by Miss Erbs. discussions

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with her and the review of the file which

I just received from Mr. Liptak, it appears that the issues, potential issues are going to be a maintenance largely a

claim by Mr. Erbs and property division, deviation

from an equal property division given the and the length of the

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assets brought to the marriage marriage.

In terms of the maintenance most likely need to have a vocational and potentially

claim, we'll evaluation done

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secure copies of medical

records if

Mr. Erbs is claiming he has -- he's unable to work due to a medical condition, complete those. THE COURT: How long was the marriage so it may take us some time to

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befcre he filed?
MS. V,::TE:

I'm just -- I was looki~g

for

t~e pe:ition.

Tiley we:-e married October

6, 2()03.

Pet:..tionwas f: led ,Jan'uary17, 20~(), so marridc;e 1S

approximately sever. --

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: T:JE eOljl\T T.:.tlleover YlS. V~ITH: THE eOCRT:

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years.

Li:~le ove~ six years, =ig:-.L. And t.~ere's d prope:-ty ci:..v:..sion

YIr.

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issL:e. Do you agree w:..t~ :.hat., MR. FkBS:

TiI~

F.rbs-?

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proper~y

No,

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I den't, Yo:.!::Ionor. agree we have d

eOCl"T: YOL: don't issl:e?

d1visicn

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MR. ERBS: THE COURT: st.Ll? YlR. ERBS:

Yeah, I agree Are you reqJest.ing mainten~~ce

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Yes, I a~. So we ~ave two issJes,

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T:JE eOCRT:

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~a:..n:enance and property? MR. ERGS:

lSStle, Your ~cno:.

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Yes, we do.

We have anot:-.er

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Til": COJRT: MR. ERBS: just me~tioned ~~ptak.

W~il:

wou-'.ci ~.he other

iSS:lC

be?

We !ldve t~is

Acto.ney

Ve' U:

that she received d file from Mr. from my she received

O~ay, so ~ow am I becng protected by Ylr. I.1ptak

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vio1atio!1 of confidences

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did yo~ gQt in ~~c file

the

[~le

from THE

Mr.

Liptak? What

COUR::

rrorr.Mr.

Liptak?

MS. VEITIi:
sta~e~cn:s, i~anciaJ mostly disclosure to be Erbs, t~e

received plcadings,

~inancial Yo~r the

disclosure

Honor, plead'ngs the motion otller :~a!l ~ary

a:-:-.cnded

statemen~s, to daLe

other

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that filcd ~~at

A:1:1,

appear by Mr. one

flled and

i~clllding there to

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T believe
:iptak
--

was,

le~=er

[rom

Mr.

():l~ clien=,

simply

i:lcical;ng and

t;haL

Gnc~cs.:..ng t:,e Miss Erbs

te~por~ry 12 hearings, by Mr.

order

:I.cn advising o[ the Mr. hear~nq

ef ~~e filed
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L~e date to have

o~ t~e mo~io~

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Erbs

~,iptak removed.

That

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csser.ti,a.:.ly

it.
THE COURT: Were :~ere notes ary rotes :n there like

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[rom

Y1r. T,ip~ak, ha~dwritte~

or any=hi"g

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L~at?

~s. VETTH:
~ardwrit~en envelopes no~es from, then !rom

No, thcy~ were

Mr. T.iptak.

no

~otCSf

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There Mr.

wcre

Lwo

i= Joeks just

li%e

Olle from with

~:rbs to ~y "umbers

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cl ien~ a~d

an enve:ope

phone

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writ.tc'l en it.. O'H':: CO,J?T:

Were

t~e~e any docu~ents ttlat

former or previous

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yeu

received

that

pertain

:0 his

divorce?

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No. ~o you have any ~ore concerns,

TEE COURT: Mr. Er-bs? MR. ERBS:

That is a very valid concern, of the file records attorney, following Your Honor.
YOUy

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that there was no seq~estering from ~r. Liptak to the current

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,HE C8t;RT:
argument. Sr.e received relating

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rlO~

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the pleadings to the present attorney

2nd the case. She

correspondence

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didn't receive any personal Liptak. She didn't

notes from Mr. that pe~tained to

receive anything

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your former diverce. think is improperly MR. ERBS:

What does sr.e have that you received? Okay. 1'hlS would be like an What about any possible or to the respondent, or

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errors or lying by omission.

phone calls to the new attorney

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Mary Ann Erbs, from Mr. Lipta~ or ~rom Mar~ Mullen from anyone from the Mullen MS. VEITH: Mr. Liptak. Law Group, LLC:

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I persOllally haven't the only contact

spoken to she had

My assistant,

with Mr. Lipta~'s office was she called 2nd requested the file. I haven'~ spoken wIth Mr. Liptuk about t~is

case or any other case. 24 251 THE COURT: MR. ERBS: Any other questions, Traditionally in a Mr. Erbs?

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disqualification

for vic:"ations at confide:lce of a of ~ecerds or

former client there is no transference files, Your Honor.

THe:
~rderstand~ng,
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COJRT:

That is no:: ::r.e courL's T~ this, yo~'ve made no tr.a: Mr.

Mr. Erbs.

record and I'm ~o~ aware of any ~ndicaLlon liptak, hearing previous Veith's

tirs: of all, r.ad a:1yth~ng frorr. the previous that he could r.ave Lransferred divorce office. But occiluse o[ Lhe potentiill, I gra:1tcd to -- [rom the to Ms.

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thaL he cou:"d have transferred

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your metic):1to disqualify

Ilim. The maLerials to Attorrey

he

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supplled o~ his office supplied o[:ice aTe

Veith's

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the pleildings and some oLher comm'..ln:,ciltions

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that per::ain only tC) th!s case, not to the prev~olls

Clvorcc.

Sr.e has not talked know what else

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La Mr. Lipta~.

::: cior:'t

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can be worried

about as far as

~mprcpcr co~m~nica~io~. You haven't sr.OW:1 a~ything

happeniu! nocr.ing. except represenLa~io:ls t!:at she has received If sr.e doesn't get the docu~ents f~o~ him,

how does she get t!:e docu~cnts? 23

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She needs to knew

what.'s happening

in the case so far. Your Eonor, ~n cases of

MR. ERBS:

attor~ey/c1 ienL relaLio:lsllips, i::'s an irrebuLLable

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presu~ption

tha~

confidences

Ilave been wth

exc~anqed.

had an attorney/ci~en~ did the respondent,

re~a~ionsn:p Mary Ann Erbs,

v'r. Liptak
Liptak,

as

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so if ~r.

i::'s an irrebl"::taDle presumption from hIm and also Mr. Lip~ak. Mary Ann Eros

he go~ conf'dences gOL corfidences from

'I'~erefore, we I:ave fficre:han and we have more motions than property d~vision.

~a~ntenarce

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have

to be filed THE COlRT: ~R. ERGS:

today For

[or -what? a"y ana all pleadings

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To strike

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and -"'Hi:: COURT:

Let me address is apparer,tly

yocr

:irst

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reql"es t. ~iss

Your

request

to disqualify all ~_he til: ngs

Ve: th or rcq'-lire "er

to :,~row away There's

she received fae: for :hat

from '-1r.Liptak. or no basis

no basis

in

in law fcr t~aL

so that's

denied.

;'it'at's ycur M:l..

I-:R13S:

next ::-,o::ion", You're deny:ng t~is, and there's

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fraud

;n ~~is

case.

THe:
You your

cauK'!':
~t

Mr.

~rhs,

~'ve ~ade

the ruling.

~avc to appeal :lext mot~on?

if yc~ do~'t_ : ~kc i.t. What's

V,R. ERBS:': We're then right now, Your Honor.

going

to rrove for appea~

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TEE COURT: You ca:1 talk

YO\; dO:1't :a Lk

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me about ~o yo~

to the court

of appeals.

any molior.s for this ~orning? MR. ERBS: Yes, 1 do, vacate
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the il:dgment have

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fre", t:"18temporary to vacate

on I-'ebc;lClry cst.

mol ion

lho t order THE COUR~:

fro:n CDrnmi.ssioner Ferg. We'l: sched!lle that for a

hearing. MR. discovery PRBS: Ar.d I ~lave dr.o:hec motion for a

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motlor.. THE COuRT: MR. ~kBS: Have those motio:1s been ficed?

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No, Yeur

Honor.

TilE COU:l.T: You r.eed te file your motlo:1s i:1 writi:1q so ~s. Veith the ociq.:.na1. ~R. is Lhat -- that ER3S: you And
~avcrl't

gets

a cepy,

~he court

gets

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your

order

is -- your that

erd~r 1'm

seerl a mOLion

gOJr.g to file and yeu say I car.'t file what -THE COUR":": 1 didn't wen': hear it until M:l..ERBS: the motion Okay.

it, is l~~t

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say that. is filed.

: said

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The:1

have

ttlree ~otions aiso.

::0 file and I have a contempt

have

motIon

to file,

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fo'U~. ":"HECOURT: W~al are the three motio:1s

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you're

going

to file? ERHS: I have a motion to strike any

MR.

and aJl pleadings

by the ~espondent Okay. Motion, Wha~'s

and her attorney. the next motion? motion is to

7HE COURT: MR. ERBS: vacate happened the order,

the second

change

the temporary

order

that

on February THE COURT: MR. ERBS:

1st by the respondcn~. What's Third the third motion? for

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motion

is an order of

discovery documents,

of financial and

-records,

production charges.

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I have contempt What's

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THE COuRT: mot~on? MR. ERaS: property oocupied

the basis

for a contempt

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The

respondent

came

upon

the 16th

by myself

on the weekend

of the

and the nth. THE COURT: 18 19 20 21

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Of what January. Was

mont;'?

MR. ERBS: TH!::COURT: that point? MR. ERBS:

there

a temporary

order

at

Yes,

there

was.

THE COURT: Dc yo~ have them with MR. E~GS: T'-lF. COleRT:

Okay. you? Yes,

We 11, file the motlons.

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I do, Yo~r

Honor. for Ms ..

Do you have

a copy

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Veith as we ll?
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MR. ERBS:

They're

not filed yet.

I don't

have any time, court time on them yet, Your Honor. I'll make sure they're served to her office. THE COURT: those now, Ms. Veith?
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Do you want me co schedule

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KS. VEITH:

M~ght as well. Before I schedule these, to

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THE COUR'r: Okay.

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Mr. Erbs, what's the :heory behind strike all Ms. Erbs' pleadings? MR. ERBS: THE COURT: MR. ERGS: Fraud.

your motion

What do you mean by fraud? I have information that Mi.ss

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Erbs knew that Lester Liptak was my attorney previously illegal and she was forewarned that it was probably

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;Cor him

for her to hire him, and certaln~y a m2~ of the law.

Mr. Liptak k~ew that as an attor~ey,

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18 191 201 21 22 motion. and --

THE COURT: MR. ERRS:

Okay. He took this representation

OIl,

THE COURT:

You've explained

enough of your I

We're going to need about 45 minutes,

thInk, for this.

I have time on June 25th or late in

the day on the 24th. MS. VEITn: I'm in trial on the 24th and

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I'm out of town on the 25th. Ti1E Co{;RT: I'm on vacation the next week.

How is the 8th Oe 9th of July? MS. VEITH: ::lorn~ng, Your I cu~ld do the e~l: ir: the

l:o:1or, if tha~'s Tha~'ll W~a~'s work. I can ao ~t a::

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TP.E COURT: 9:30 or 11 o'cloc:k.

YOllr preference? Your Honoe. ;Jly 8. ~~. F.rbs

MS. VJ':ITi1: 9:30,

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T~E COCRT: C~ay.

w~~l

9:3C,

fi:e his ::lotions in the rext to Ms. Veith. After

ten days

and prov~de
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copies

the motfon

hea~ing,

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tl:ink I should hearing.

be in a posi::io:1 to sc:hedJle a [frlal

MS. VEITH:

You~

Iionor, ehe one pleadirg so - clor':: a financial ~now if

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that know

I did not receive i[ ~t exists, statement

from ~r. Liptak,

bllt T have

no~ received and

disclosure he's

for Mr. Erbs, one.

I dor't

c:ompleted one and fl;ed THE COURT:

He filed

one in ehe ceurt excuse me.

ff~e.

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I'm sorry, take --

that's

the pettioner,

Let De

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~S. VSITH: cor[~den:iu~ file. THE CO;JRT: kind of surprised.

it shoJld

be in the

=t shoJld

oe.

That's

why

was

Mr. Erbs

filed

a fiilancia:

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decla"ation

on April 8 this year.

[)Ld you SL:pply i:l

copy of thi:lt ~s. ~rbs or Mr. Veith -- or ~s. Veith to or Mr. Liptak? MR. ERBS: No, I haven'~ ye:-,.

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THE COUR'i': Do yeu have il cepy you ca" give C1s. Ve.:.Lh?
7 ~R. ERRS: Yes,

do.

TilE COUR:: of that.

Okay.

She r.eeds te ge:', copy a

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YlS. V;::TE: Thunk yo,1. THE COURT: Is :.t,ere ar.y~~ir.qelse you war.~

Le b"ing up, Mr. Erbs, for this mo":,i"q? )1". ERi3S: Are we near c's:":.:.ssal here?

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TEE COURT: MR. FHBS:

Wr.a~? This .:.S fle ng recorded, i We're or. t~c record. correct?
'lhe

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COURT:

repe"ter

is making a record. MR. ERBS: I require a ::riH'script. r th.:.s, o

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please,

YeL:r Honor. :HF COCRT: Yo~ "eed ~o ma~e a req~est to

the repor::cr and arrar.ge to pay her. Yl?. ER2S: Thl:: COURT: MS. VEITH: ',hE COURT: Okay, fi"e. Yls. Veith, anythi"g
-:lme, No:: at Lh.:.s

else? hono r .

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Ycur

Okay.

SchedL:ling con ferer.ce is

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over.

Court's

in recess. :hank you, Your Monor. Thank you, Your Honor. were concluded.)

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~R. ERBS: MS. VEITH:

(The proceedinqs

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STATE OF WISCONSIN

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) 55.

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COUNTY OF EAU CLAIRE)

5 Reporter 7 8 9 10 11 12 13 certify correct

I, Connie G. Dillon, Official

Court do hereby

in and for the State of Wisconsin, that the foregoing and complete transcript

is a true, in

transcript

of the proceedings

the foregoing matter Dated this

to the best of my knowledge.

.3l'CLday

of ~,

2010.

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coCo011\ (~W 0
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C07IE G: ilL ~MR, CRR Official Court Reporter

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