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HomeMy WebLinkAbout95-01583 ft ' . ...J .- :) <:j ~ ~ " ..-./ . ~ ~ - ~>. ~ ~ UJ~ ..' ~ . "' ~ " . ~ co ~ " Q: ~. " . ~ ~)c . PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - SUPPORT v. I NO. 373 S Of 1989 DONALD L. BLOSSER, JR. . . . . Defendant . . JUDGMENT AND NOW, this ~~ay of March, 1995, upon Praecipe of the Plaintiff and certification of arrearages by the Domestic Relations Section of the Cumberland County Courts, Judgment in favor of the Plaintiff in the above-referenced action is hereby entered in the amount of $10,478.83. For the Court, 5/ ~<<tU:Jtf<' /" /~~ ~~ l' .. 7fr;r; ~ Jx6~, ~ TERESA E. BLOSSER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - SUPPORT v. . . I DONALD L. BLOSSER, JR. NO. 373 S Of 1989 t/5- !-5'sc3 &("'/ '0;zf:1cn . . Defendant . . PRAECIPE FOR WRIT OF EXECUTION AND INDEXING OF JUDGMENT COMES NOW, the Plaintiff in the above action, by her attorney, Samuel W. Milkes, Jacobsen & Milkes, and files this Praecipe for Writ of Execution based upon the Praecipe for Entry of Judgment and Judgment previously filed in this matter. Plaintiff further requests that the Writ of Execution issued in this matter be indexed against the Defendant"~\ ~y ',\,-e S\".'C' ("l ~ 0 -\ C<-c.--~[\(',l'~ CCF-i~1pectfUllY submitted, :,~*" ~~~ BY: Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 ~ \ 0 / A\(,,(;~~ "\:)e.~~ t--,' > ~\~ ~",~\e.~"i' ~ rol\-\ ~'"'> ~~ a.. ~~t€s.~:. \:)OI\q,\'2-. ~\O'S.~~'.Jc \ 0 \:\\ \ \ \::) \,', \le., Ca r\:~\e, ~ t\ (;0 \ ~ ~yl~ ~~W_ Le\JY L-' fb'" CL -\.;.(...s,,-\ ~) ~e ~~+\ ~ cS ~~\~ \:..,.\.,CSS:Jp(:.Jr Qf' '2-.. O!r.....y \:.~cre{'>~ c{ '--~\"'E. \.J..-'. \\ ~~1-\'\ ~ -(C~("( eo.-\' b~,('<,,\~ \?.\c~~~C'\" ~~'->'E.' ~~, \)c.'\'c..\~ ~\os.Ss-> L '5,. C<;,<~~- ~<:::LC~) , L"'" .If O~ fo add. per co,Wer..op..{.io'1 LcJ, 'It s ~1.1 kt<'5 ..3 /.nlf's- Tr. ~~~ ~ ~ ~, \) ~ 1\ . , \S ~ o;,~ " ~ ~~ . ~ ~~ ~ ,~ CN ~ ~ , .~ ~ ~% ~ \ '2)" -,~? \ ." {~-' ~\'^, :-. .-- ~ \ J . ""', . . ' Q::j , " ,'.: c.o ~ ~;~. ~l c..." 1_'''-: ....., ~ ., ('1 ..:t:a.. ,~'" ~ -: ~ .....,. S'" e'K-ec,-,~o\"\ 'C) s; ~ ""1 os- ~~j ~ ~-\-( f'\ ~ ) " ~ -\--~ .s~\~ \~\j'{ J{bl\ Q\'~ ~C( \\:~"t/"'E>,,1 ~ f ~ClI.l~e~ \" {\Ie..., Ca_) \ W. ~~J'" <;:'-\ree.'\-/ Cc.,r\~~~t'f ff\ ~\' ~ '~Q~e....~ \\v)\es.. ~ b~9- ( Eo IJJ. f>crr'{'~'\ <;:\'~~I( C." r \, ~',",F / ~f\, Ct.> -, (\,-s. \e.es. Q" ~ ( o( c. ~ t'\.', C\:..s. \yc 'k,~ of Q ~..",~t a( e~\~t 'f= ,'ne ~(\~{)i G{ \:x,~ \ ~ ~:1c.s-":,cr" ~ r - / c.. :--. (-' '-~''"''\:'\; ':~(' A ~ y ~ \ ~ P:-JCF~~(', C; (", o( ~f~:r' (;;\ IY'Of\ ~.~(J~~....~f_ TERESA E. BLOSSER, Plaintiff IN THE COURT OF COMMON PLEAS OF I I I I I I I I I I CIVIL ACTION - LAW 95-1583 CIVIL TERM V CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - SUPPORT 373 SUPPORT 1989 DONALD L. BLOSSER, JR., Defendant IN REI MOTION TO COMPEL ORDER OF COURT AND NOW, this 14th day of August, 1995, at 9120 a.m., this matter having been called for hearing, it is ordered and directed that the garnishee, James Hughes, Esquire, and Farmers Trust Company furnish to counsel for the plaintiff a full and complete copy of paragraph two of the trust document which is the subject of this discovery dispute. By the Court, Samuel Milkes, Esquire For the Plaintiff ,AIL Hess, J. James D. Hughes, Esquire For the Defendant ry>~ W/I"/<fS'. ~. 'f. :bg ,.1 . TERESA BLOSSER, Plaintiff NO. 373 SUPPORT 1989 95-1583 civil Term v. DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT DR NO. 16289 DONALD L. BLOSSER, JR., Defendant ORDER RULE TO SHOW CAUSE AND NOW, this ,) tli day of hi )[ ( - 1995, upon ,I , presentation and consideration of Plaintiff's Motion to Compel, a Rule is issued upon the garnishees, James Hughes, Esquire, and Farmers Trust Company to show cause why they should not be directed to respond fully to the interrogatories propounded upon them in this matter and to produce documents requested of them. This Rule shall be returnable by a conference in chambers, scheduled for the (;Ii) day of r-J1( ((/. , 1995, at 1:1;-{' 'I .m., Court Room Number if Y ij ~, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, j' " A !c-L_ J. JUN 1 3 15 r~ '95 fl\.tl1 OffiCii OF Tilt, i. '\ HOH'::1.\h\ CUIoll:,tHL:.kO Cf:c trY P[NNS~L'.AU1.1 {p.7,9s P' ).95 &l t'tJff r --6 ,0' y~ 0'~ /H,;....a/ -z; f1. ~ , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA BLOSSER, Plaintiff v. NO. 373 SUPPORT 1989 95-1583 civil Term DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT DR NO. 16289 DONALD L. BLOSSER, JR., Defendant MOTION TO COMPEL RESPONSE TO INTERROGATORIES BY GARNISHEE JAMES HUGHES. ESOUIRE AND GARNISHEE FARMERS TRUST COMPANY COMES now, the Plaintiff in the above referenced action, by her attorney, Samuel W. Miles, JACOBSEN & MILKES, and requests of this Honorable Court that it direct the recipients of Interrogatories to answer such Interrogatories fully and completely. In support of this Motion, Plaintiff asserts as follows: 1. On March 28, 1995, Plaintiff praeciped for the entry of judgment and did obtain a judgment against Defendant in the amount of $10,478.83, representing support arrearages. 2. The Plaintiff then took action through the Sheriff's office to garnish various amounts payable to the Defendant. 3. As garnishee, James Hughes, Esquire, forwarded to Counsel for Plaintiff a check in the amount of $4544.16, received on May 15, 1995. 4. Plaintiff continues to seek payment on the remaining part of the judgment, and in pursuit of this execution, has forwarded interrogatories in order to obtain discovering in aid of execution. 5. On April 21, 1995, Plaintiff mailed to James Hughes, Esquire interrogatories, in his capacity of a garnishee, seeking infcrmation primarily regarding estate and trust proceeds which may be payable to the Defendant. 6. On May 1, 1995, Plaintiff served upon Farmers Trust Company, in its capacity of a Garnishee, similar interrogatories. 7. On May 25, 1995, the Garnishees forwarded their responses to Counsel for Plaintiff. . , ... communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and all other such documents tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfllm, fllm, motion picture mm, phonograph records, or other form. (B) With respect to documents, the term "identify" means to give the date, title, author and addressee; "identify" with respect to documents further means: (i) To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a me or wherever it may be located; (ll) subpoena; To describe it in a manner suitable for use as a description in a (ill) To give the name, address, position or title of the person(s) having custody of the document and/or copies thereof. (e) "Identify" when used in reference to an individual means: (i) A statement of his/her full name; (ll) Present residence and or business address or last known residence or business address; (iv) Present employer or last known employer; CD) Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out both in the col\iunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (E) Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. (F) No answer is to be left blank. If the answer to an interrogatory or subparagraph of an interrogatory is "none" or "unknown," such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the . 3. At the time you were served with judgment in this matter, or at any subsequent time, did you hold as fiduciary any property in which the Defendant had any interests or were you acting in any fiduciary capacity over property in which the Defendant had any interest? This question is intended to include any estates or trusts, particularly those established by the Defendant's father or grandfather, in which the Defendant has an interest. If so, describe such property or interests and attach any documents evidencing such property or interests. ANSWER: Yes. However. at the time of receipt of the writ of execution. dated Karch 28. 1995. I was acting in a fiduciary capacity as co-trustee with Farmers Trust Company over Four Thousand Five Hundred Fifty-Four and 16/100 ($4.554.16) Dollars which came due to be paid to the defendant. Donald L. Blosser. Jr.. pursuant to the revocable living trust of Donald L. Blosser. Sr.. dated July 30. 1993. said grantor having become deceased on or about November 20. 1994. I object to the request for the description and production of any documents which evidence the defendant's interest in any of the aforementioned trust property over which I am acting in a fiduciary capacity as co-trustee. given that these documents are strictly confidential and not a matter of public record and that the production of such documentation would be contrary to the specific request and intent of the grantor. Donald L. Blosser. Sr.. regarding the disposition of the assets to the intended beneficiaries of the trust. 7. Are you aware of any interests which the Defendant may claim in an estate or trust, in which he is named as a beneficiary or in which he may otherwise have a right to claim the proceeds of an estate or trust distribution? a. If so, name the decedent or person establishing said trust, against whom the Defendant maintains such a claim. b. If so, name the administrator and attorney for the estate and the trustees. c. If so, specify specifically what bequest or other interest has been made to or created for the benefit of the Defendant and. d. If so, attach any documents evidencing such trust or estate interest. e. If so, and if the bequests to the Defendant is not in a stated dollar amount but is phrased in terms of a portion of a greater overall sum or residuary amount, state to the best of your knowledge the anticipated amount to be distributed to the Defendant. ANSWER: a). Donald L. Blosser, Sr. b). Adminiatrator: Attorney: Farmer Trust Company James D. Hughes, Esquire of Irwin, McKnight & Hughes c). I object to the request for the description of any documents which evidence the defendant's interest in any of the aforementioned trust property over which I am acting in a fiduciary capacity as co-trustee, given that these documents are strictly confidential and not a matter of public record and that the production of such documentation would be contrary to the specific request and intent of the grantor, Donald L. Blosser, Sr., regarding the disposition of his assets to the intended beneficiaries of the trust. d). I object to the request for the production of any documents which evidence the defendant's interest in any of the aforementioned trust property over which I am acting in a fiduciary capacity as co-trustee, given that these documents are strictly confidential and not a matter of public record and that the production of such documentation would be contrary to the specific requeat and intent of the grantor, Donald L. Blosser, Sr., regarding the disposition of his assets to the intended beneficiaries of the trust. The subject matter of these proceedings is the above-captioned pending support action. It is hereby certified that the original and two copies of these Interrogatories were delivered to JAMES HUGHES, ESQUIRE, counsel for Plaintiff on this date by the undersigned. Date: Ap~\, 1995 Respectfully submitted, communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, mms, tax returns, and financial statements, and all other such documents tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, micromm, mm, motion picture mm, phonograph records, or other form. (B) With respect to documents, the term "identify" means to give the date, title, author and addressee; "identify" with respect to documents further means: (i) To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a me or wherever it may be located; (ll) To describe it in a manner suitable for use as a description in a subpoena; (ill) To give the name, address, position or title of the person(s) having custody of the document and/or copies thereof. (e) "Identify" when used in reference to an individual means: (i) A statement of his/her full name; (il) Present residence and or business address or last known residence or business address; (iv) Present employer or last known employer; (D) Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out both in the col\iunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (E) Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. (F) No answer is to be left blank. If the answer to an interrogatory or subparagraph of an interrogatory is "none" or "unknown," such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the 2. At the time you were served with judgment in this matter, or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interests? If 80, describe such property and attach any documents evidencing such title. ANSWER: NONE 3. At the time you were served with judgment in this matter, or at any subsequent time, did you hold as fiduciary any property in which the Defendant had any interests or were you acting in any fiduciary capacity over property in which the Defendant had any interest? This question is intended to include any estates or trusts, particularly those established by the Defendant's father or grandfather, in which the Defendant has an interest. If so, describe such property or interests and attach any documents evidencing such property or interests. ANSWER: Yes. However, at the time of receipt of the writ of execution, dated Karch 28, 1995, our institution was acting in a fiduciary capacity as co-trustee with James D. Hughes, Esquire over Four Thousand Five Hundred Fifty-Four and 16/100 ($4,554.16) Dollars which came due to be paid to the defendant, Donald L. Blosser, Jr., pursuant to the revocable living trust of Donald L. Blosser, Sr., dated July 30. 1993, said grantor having become deceased on or about November 20, 1994. Our institution objects to the request for the description and production of any documents which evidence the defendant's interest in any of the aforementioned trust property over which our institution is acting in a fiduciary capacity as co-trustee, given that these documents are strictly confidential and not a matter of public record and that the production of such documentation would be contrary to the specific request and intent of the grantor, Donald L. Blosser, Sr., regarding the disposition of his assets to the intended beneficiaries of the trust. 4. Before or after you were served with judgment in this matter, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? If so, describe such property and attach any documents evidencing such property. ANSWER: NONE , . - 7. Are you aware of any interests which the Defendant may claim in an estate or trust, in which he is named as a beneficiary or in which he may otherwise have a right to claim the proceeds of an estate or trust distribution? a. If 80, name the decedent or person establishing said trust, against whom the Defendant maintains such a claim. b. If so, name the administrator and attorney for the estate and the trustees. c. If so, specify specifically what bequest or other interest has been made to or created for the benefit of the Defendant and. d. If so, attach any documents evidencing such trust or estate interest. e. If so, and if the bequests to the Defendant is not in a stated dollar amount but is phrased in terms of a portion of a greater overall sum or residuary amount, state to the best of your knowledge the anticipated amount to be distributed to the Defendant. a) Donald L. Blosser, Sr. b) Administrator: Farmers Trust Company Attorney: James D. Hughes, Esquire of Irwin, McKnight & Hughes c) Our institution objects to the request for the description of any documents which evidence the defendant's interest in any of the aforementioned trust property over which our institution is acting in a fiduciary capacity as co- trustee, given that these documents are strictly confidential and not a matter of public record and that the production of such documentation would be contrary to the specific request and intent of the grantor, Donald L. Blosser, Sr., regarding the disposition of his assets to the intended beneficiaries of the trust. d) Our institution objects to the request for the production of any documents which evidence the defendant's interest in any of the aforementioned trust property over which our institution ia acting in a fiduciary capacity as co- trustee, given that these documents are strictly confidential and not a matter of public record and the the production of such documentation would be contrary to the specific request and intent of the grantor, Donald L. Blosser, Sr., regarding the disposition of his assets to the intended beneficiaries of the trust. . .. . . . . , . . . . The subject matter of these proceedings is the above-captioned pending support action. It is hereby certified that the original and two copies of these Interrogatories were delivered to JAMES D. HUGHES, ESQUIRE, counsel for Plaintiff on this date by the undersigned. Date: May 1, 1995 Respectfully submitted, , / t i i, t II I I I I I I I // -. A...- / BY: Sam 1 W. Milkes, Esq. , JAeOBSEN & MILKES {' 52 E. High Street earlisle, PA 17013 (717) 249-6427 Attorney No. 30130 - y..........- . .. . . ... . . , .\ . . TERESA BLOSSER, I NO. 373 SUPPORT 1989 Plaintiff . 95-1583 Civil Term . v. . DOMESTIC RELATIONS SECTION . . CIVIL ACTION - SUPPORT . DONALD L. BLOSSER, JR., . DR NO. 16289 . Defendant . . CERTIFICATE OF SERVICE I, Samuel W. Milkes, hereby certify that a certified copy of the Motion to Compel was served upon the Defendant, by placing the same for delivery with the United States Post class mail, postage prepaid, on June --r Office, by first 1995, to the , Garnishees' attorney, James D. Hughes, Esquire, IRWIN, MCKNIGHT, & HUGHES, 60 West Pomfret Street, Carlisle, PA 17013. Respectfully submitted, BY'~~ JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 95-1583 CIVIL DONALD L. BLOSSER, JR., Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment in the amount of $10,478.83, as being paid in full. Date: ..2(:1{2L S . Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 R. Thomas Kline, Sheriff who being duly sworn according to law. says this writ is returned ABANDODNED. Sheriff's Costs: Docketing Law Library Prothonotary Service Levy Surcharge Garnishee Poundage Advance Costs 150.00 Sheriff's Costs 90.88 $ 59.12 refund to atty 7-8-96 18.00 .50 1.00 5.60 40.00 6.00 18.00 1. 78 ~ ~U.llll So answers: r'~~~ R. Thomas Kline, Sheriff Sworn and Subscribed To Before Me /.J-~ Day of QJ, (\ --r 1 A.D.~fL....() 1l1';"'",,~' Prothonotary By -I?-L,"~_ _ .iRa.1l Deputy Sheriff -.., , (~:.., l.r--.j This 1996, \":" .'. - t ~ . 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