Preview
ELECTRONICALLY FILED
Washington County Circuit Court
Kyle Sylvester, Circuit Clerk
2023-J an-27 09:42:32
72DR-22-1600
C04D08 : 11 Pages
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
DOMESTIC RELATIONS DIVISION
STATE OF ARKANSAS PLAINTIFF
OFFICE OF CHILD SUPPORT ENFORCEMENT
OCSE #113169867
VS. NO. 72DR-22-1600-8
ALEXANDER B. RUKGABER DEFENDANT
MOTION TO COMPEL DISCOVERY
Comes now the Plaintiff, State of Arkansas, Office of Child Support Enforcement, by and
through its attorney, Kimberly J. Keller, and for its Motion states:
1 On November 28, 2022, Plaintiff caused Defendant, Alexander B. Rukgaber,
through his attorney, James M. Hornsey, to be served with certain Interrogatories and Requests
for Production of Documents. A copy of same is attached hereto as Exhibit “A”.
2 Having had no response from the Defendant or his attorney, counsel for OCSE
wrote his attorney on January 3, 2023 requesting that responses be provided by no later than
January 18, 2022. A copy of this letter is attached hereto as Exhibit “B”.
3 As of the date of this filing, Defendant’s responses have not been received.
4. Plaintiff has attempted in good faith to confer with Defendant's counsel to secure
the requested information without court action, but Defendant and his counsel have wholly and
completely failed to answer the discovery.
WHEREFORE, Plaintiff prays that the Court order Defendant to provide responses to the
Interrogatories and Requests for Production of Documents; that Defendant be sanctioned for his
failure to comply; for its costs and a reasonable attorney's fee; and for any and all other relief to
which it may be entitled.
Respectfully submitted,
STATE OF ARKANSAS, OFFICE OF
CHILD SUPPORT ENFORCEMENT
BY-/s/ Kimberly J. Keller
KIMBERLY J. KELLER, #90197
ATTORNEY AT LAW
P.O. BOX 769
LOWELL, ARKANSAS 72745
PHONE (479) 770-5443
FAX (479) 770-5203
CERTIFICATE OF SERVICE
|, Kimberly J. Keller, Attorney for OCSE, do hereby certify that on this 27" day of January,
2023, | have electronically filed the foregoing with the Clerk of the Circuit Court of Washington
County, Arkansas using the Arkansas Judiciary Electronic Filing system which sent notification of
such filing to all participants of record, and hereby certify that | have mailed the document by
United States Postal Service to all non-Arkansas Judiciary Electronic Filing System participants.
/s/ Kimberly J. Keller
Kimberly J. Keller
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
DOMESTIC RELATIONS DIVISION
STATE OF ARKANSAS PLAINTIFF
OFFICE OF CHILD SUPPORT ENFORCEMENT
OCSE #113169867
Vs. NO. DR-2022-1600-8
ALEXANDER B. RUKGABER DEFENDANT
INTERROGATORIES AND REQUESTS FOR PRODUCTION
OF DOCUMENTS PROPOUNDED TO DEFENDANT
Comes now the Plaintiff, State of Arkansas, Office of Child Support Enforcement, by and
through its attorney, Kimberly J. Keller, propounds the following Interrogatories and Requests for
Production of Documents to the Defendant, Alexander B. Rukgaber, to be answered under oath
pursuant to Arkansas Rules of Civil Procedure, Rule 33, within thirty (30) days from the date of
service hereof:
INTERROGATORY NO. 1: Please state your present occupation and the name and
address of your current employer, your monthly gross and net earnings, length of employment
and if your deductions are for other than payroll taxes, please state the amount and type of each
other deduction.
REQUEST FOR PRODUCTION NO. 1: Please attach at least eight (8) of your most
recent pay stubs.
REQUEST FOR PRODUCTION NO. 2: Please attach copies of your State and
Federal tax returns, both business and personal, including all schedules, 1099's, W-2’s, etc. for
the tax year 2021.
INTERROGATORY NO. 2: Please state whether you currently have in effect a policy
of medical and/or dental insurance coverage for the benefit of the minor child(ren) that is the
subject of the pending action. If yes, state the name and address of the carrier, the policy number,
the group number, the effective date of coverage and the monthly premium amount paid by you.
If no, please state whether or not insurance coverage for the benefit of the minor child(ren) is
available to you through your employer, and if it is available, the monthly cost of such insurance
Hee
‘A"
(portion of premiums attributable to the child’s coverage only).
REQUEST FOR PRODUCTION NO. 3: Please complete the attached Affidavit of
Financial Means and Basic Earnings Questionnaire.
Please consider these Interrogatories and Requests for Production as continuing up to
and through the trial of this lawsuit and please agree to augment or supplement same with any
additional information you obtain in sufficient time so that the undersigned can utilize the same at
the trial of the lawsuit.
Respectfully submitted,
STATE OF ARKANSAS
OFFI OF CHILD SUPPORT ENFORCEMENT
CTY MAS
ViBER \KEN 90767
ATTORN WW
P.O. BOX 768
LOWELL, ARKANSAS 72745-0769
PHONE (479) 770-5443
FAX (479) 770-5203
EMAIL: kim.keller@ocse.arkansas.gov
CERTIFICATE OF SERVICE
|, Kimberly J. Keller, Attorney for OCSE, do hereby certify that on this 28" day of
November, 2022, | served the foregoing Interrogatories and Requests for Production on
Documents by electronic mail on the following:
James Hornsey
Attorney for Defendant
james@hornseylaw.com
Ki ly
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
DOMESTIC RELATIONS DIVISION
STATE OF ARKANSAS OCSE
Plaintiff
Vv. Case No. 113169867 DR 72DR-22-1600-8
ALEXANDER B. RUKGABER
Defendant
AFFIDAVIT OF FINANCIAL MEANS
Name: , being duly sworn, says under penalty of
perjury, that he/she has prepared or approved this financial statement, and that the following
information and attachments (including income verification as required by page 6) are
complete, true, and correct.
Date Signature
Subscribed and sworn to before me on this day of. 20
Notary Public
My commission expires:
MY INCOME
1 How often are you paid?
weekly
bi-weekly (every two weeks-26 times a year)
monthly
bi-monthly (twice a month-24 times a year)
other-Explain (attach an exhibit if necessary):
2 Gross Pay:
Initials Initials
OCSE - FIN12 10/2022 Page 1 of 6 Member Number: 75092692
Case Number(s): 113169867
INCOME
Income: Amount: Source Frequency
Gross wages from employment,
3.1
contract labor, etc.
Bonuses or incentive pay not reflected
3.2
on page 2:
3.3 Other court-ordered income such as
alimony/child support paid to you:
Payments from a settlement or
3.4
annuity:
3.5 Regular gifts from relatives or friends:
3.6 Investment income such as rent
payments to you:
3.7 Stock dividends or bond payments:
3.8 Regular payments to you or on your
behalf from a Trust:
3.9
3.10
Other:
TOTAL
Pt
MONTHLY INCOME
OTHER AVAILABLE FUNDS
Asset Amount Source
41 Cash on hand, and in bank accounts:
42 Trust fund assets held on your behalf:
43 Stocks, bonds, mutual funds:
4.4 Other (i.e. 401(k), retirement, etc.):
45 Total
Initials Initials
OCSE - FIN12 10/2022 Page 2 of 6 Member Number: 75092692
Case Number(s): 113169867
MY CURRENT MONTHLY EXPENSES *
Expense: Amount: Expense: Amount:
Health Insurance- for child Health Insurance- excludes
only $ amount in "a"
Extraordinary medical Non-covered medical for
expenses for child in this self or child not involved in $
case this case
Childcare for child in this Childcare for child not
case involved in this case
Rent/house payment Car Payment
Media Services, e.g.
Cable/Satellite, Internet Car Insurance
Telephone Car fuel and maintenance
Gas, water, trash &
electricity Lawn care
Union dues Charitable giving
Pension plan Household Expenses
401(k) payments Dry cleaning
Garnishments x. Life Insurance:
Alcohol and Tobacco
Products y, Other:
Food TOTAL
*Place a check mark by all expenses which you are not currently paying.
Initials Initials
OCSE - FIN12 10/2022 Page 3 of 6 Member Number: 75092692
Case Number(s): 113169867
MINOR CHILDREN
Number of children
a. Number of minor children | have with opposing party: #
b Number of other minor children | have: #
Cc. Names of minor children involved in this case: AGE
CREDITORS & DEBTS
7 Debts in the names of BOTH PARTIES are:
Creditor: Total amount owed: Monthly payment:
$ $
$ $
$ $
Totals:
Initials Initials
OCSE - FIN12 10/2022 Page 4 of 6 Member Number: 75092692
Case Number(s): 113169867
8 Debts only in my name:
Creditor: Total amount owed: Monthly payment:
$ $
$
$
$
Totals:
Debts only in the name of the other party:
Creditor: Total amount owed: Monthly payment:
$ $
$ $
$ $
$
Totals:
10. SUMMARY OF ABOVE DEBTS TABLES:
Summary of Debts: Total Owed: Total Monthly Payments:
a. Joint Debts: $ $
b My Debts: $ $
Cc. Other Party's Debts: $
Initials Initials
OCSE - FIN12 10/2022 Page 5 of 6 Member Number: 75092692
Case Number(s): 113169867
ACKNOWLEDGEMENT OF
RESPONSIBILITIES AND CONSEQUENCES.
I , understand that | must comply with the following.
| acknowledge and agree to each provision by initialing each paragraph below.
Both parties must complete and exchange this six-page affidavit at least three days
before a court hearing where financial matters are at issue. The affidavit must be provided to
Opposing counsel, if a party is represented, or directly to a self-represented litigant.
Both parties must supply the original notarized affidavit to the court.
If | am employed, | must attach copies of my last three paystubs to this affidavit.
if | am self-employed, | must attach copies of my last two federal and state tax returns,
including all schedules, to this affidavit.
Before each court hearing where financial matters are at issue, | will review this document
and provide updated information to the other party and to the court.
| understand that the cost of dependent health insurance coverage is the difference
between self-only and self with dependents or family coverage or the cost of adding the child(ren)
to existing coverage.
| understand that failing to comply with these provisions, or deliberately attempting to
mislead the court or the opposing party, may result in my being held in contempt of court, being
fined, being ordered to pay attorney's fees, and/or being sentenced up to 6 months in jail, and that
serious violations can result in prosecution for felony perjury - punishable by 3 to 10 years in
prison.
Date Signature
| certify that | have reviewed this affidavit with my client and advised him or her of the importance of
providing true, correct, complete answers and the required exhibits.
Date Attorney
Initials Initials
OCSE - FIN12 10/2022 Page 6 of Member Number: 75092692
Case Number(s): 113169867
STATE OF ARKANSAS 122 N Bloomington, Ste A
Department of Finance P.O. Box 769
Lowell, AR 72745
VA fz} Phone: (479) 770-5443
\e
J and Administration Fax: (479) 770-5203
Office of Child Support Enforcement support.lowell@ocse.arkansas.gov
www.childsupportarkansas.gov
January 3, 2023
James M. Hornsey
Attorney at Law
P.O. Box 1932
Fayetteville, AR 72701-1932
RE: OCSE v. Alexander B. Rukgaber
No. 72DR-22-1600-8, OCSE #113169867
Dear James:
On November 28, 2022, | served you with Interrog
atories and Requests for Production of Documents to be
answered by your client within tl hirty (30) days. The
time has passed, and we have not received your
client’s responses. Pursuant to Rule 37 of the
Arkansas Rules of Civil Procedure, please consider this
letterto be a good faith attempt to confer by letter with
the attorne y for the party failing to make the discovery
in an effort to secure the information and material
wi ithout Court action. Please provide your client's
responses to me by no later than January 13, 2023.
Kind it regards,
S-
CV (Ss
Attol
be
OSes
Cer"Bs"Bit
Preview
ELECTRONICALLY FILED Washington County Circuit Court Kyle Sylvester, Circuit Clerk 2023-J an-27 09:42:32 72DR-22-1600 C04D08 : 11 Pages IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS DOMESTIC RELATIONS DIVISION STATE OF ARKANSAS PLAINTIFF OFFICE OF CHILD SUPPORT ENFORCEMENT OCSE #113169867 VS. NO. 72DR-22-1600-8 ALEXANDER B. RUKGABER DEFENDANT MOTION TO COMPEL DISCOVERY Comes now the Plaintiff, State of Arkansas, Office of Child Support Enforcement, by and through its attorney, Kimberly J. Keller, and for its Motion states: 1 On November 28, 2022, Plaintiff caused Defendant, Alexander B. Rukgaber, through his attorney, James M. Hornsey, to be served with certain Interrogatories and Requests for Production of Documents. A copy of same is attached hereto as Exhibit “A”. 2 Having had no response from the Defendant or his attorney, counsel for OCSE wrote his attorney on January 3, 2023 requesting that responses be provided by no later than January 18, 2022. A copy of this letter is attached hereto as Exhibit “B”. 3 As of the date of this filing, Defendant’s responses have not been received. 4. Plaintiff has attempted in good faith to confer with Defendant's counsel to secure the requested information without court action, but Defendant and his counsel have wholly and completely failed to answer the discovery. WHEREFORE, Plaintiff prays that the Court order Defendant to provide responses to the Interrogatories and Requests for Production of Documents; that Defendant be sanctioned for his failure to comply; for its costs and a reasonable attorney's fee; and for any and all other relief to which it may be entitled. Respectfully submitted, STATE OF ARKANSAS, OFFICE OF CHILD SUPPORT ENFORCEMENT BY-/s/ Kimberly J. Keller KIMBERLY J. KELLER, #90197 ATTORNEY AT LAW P.O. BOX 769 LOWELL, ARKANSAS 72745 PHONE (479) 770-5443 FAX (479) 770-5203 CERTIFICATE OF SERVICE |, Kimberly J. Keller, Attorney for OCSE, do hereby certify that on this 27" day of January, 2023, | have electronically filed the foregoing with the Clerk of the Circuit Court of Washington County, Arkansas using the Arkansas Judiciary Electronic Filing system which sent notification of such filing to all participants of record, and hereby certify that | have mailed the document by United States Postal Service to all non-Arkansas Judiciary Electronic Filing System participants. /s/ Kimberly J. Keller Kimberly J. Keller IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS DOMESTIC RELATIONS DIVISION STATE OF ARKANSAS PLAINTIFF OFFICE OF CHILD SUPPORT ENFORCEMENT OCSE #113169867 Vs. NO. DR-2022-1600-8 ALEXANDER B. RUKGABER DEFENDANT INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT Comes now the Plaintiff, State of Arkansas, Office of Child Support Enforcement, by and through its attorney, Kimberly J. Keller, propounds the following Interrogatories and Requests for Production of Documents to the Defendant, Alexander B. Rukgaber, to be answered under oath pursuant to Arkansas Rules of Civil Procedure, Rule 33, within thirty (30) days from the date of service hereof: INTERROGATORY NO. 1: Please state your present occupation and the name and address of your current employer, your monthly gross and net earnings, length of employment and if your deductions are for other than payroll taxes, please state the amount and type of each other deduction. REQUEST FOR PRODUCTION NO. 1: Please attach at least eight (8) of your most recent pay stubs. REQUEST FOR PRODUCTION NO. 2: Please attach copies of your State and Federal tax returns, both business and personal, including all schedules, 1099's, W-2’s, etc. for the tax year 2021. INTERROGATORY NO. 2: Please state whether you currently have in effect a policy of medical and/or dental insurance coverage for the benefit of the minor child(ren) that is the subject of the pending action. If yes, state the name and address of the carrier, the policy number, the group number, the effective date of coverage and the monthly premium amount paid by you. If no, please state whether or not insurance coverage for the benefit of the minor child(ren) is available to you through your employer, and if it is available, the monthly cost of such insurance Hee ‘A" (portion of premiums attributable to the child’s coverage only). REQUEST FOR PRODUCTION NO. 3: Please complete the attached Affidavit of Financial Means and Basic Earnings Questionnaire. Please consider these Interrogatories and Requests for Production as continuing up to and through the trial of this lawsuit and please agree to augment or supplement same with any additional information you obtain in sufficient time so that the undersigned can utilize the same at the trial of the lawsuit. Respectfully submitted, STATE OF ARKANSAS OFFI OF CHILD SUPPORT ENFORCEMENT CTY MAS ViBER \KEN 90767 ATTORN WW P.O. BOX 768 LOWELL, ARKANSAS 72745-0769 PHONE (479) 770-5443 FAX (479) 770-5203 EMAIL: kim.keller@ocse.arkansas.gov CERTIFICATE OF SERVICE |, Kimberly J. Keller, Attorney for OCSE, do hereby certify that on this 28" day of November, 2022, | served the foregoing Interrogatories and Requests for Production on Documents by electronic mail on the following: James Hornsey Attorney for Defendant james@hornseylaw.com Ki ly IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS DOMESTIC RELATIONS DIVISION STATE OF ARKANSAS OCSE Plaintiff Vv. Case No. 113169867 DR 72DR-22-1600-8 ALEXANDER B. RUKGABER Defendant AFFIDAVIT OF FINANCIAL MEANS Name: , being duly sworn, says under penalty of perjury, that he/she has prepared or approved this financial statement, and that the following information and attachments (including income verification as required by page 6) are complete, true, and correct. Date Signature Subscribed and sworn to before me on this day of. 20 Notary Public My commission expires: MY INCOME 1 How often are you paid? weekly bi-weekly (every two weeks-26 times a year) monthly bi-monthly (twice a month-24 times a year) other-Explain (attach an exhibit if necessary): 2 Gross Pay: Initials Initials OCSE - FIN12 10/2022 Page 1 of 6 Member Number: 75092692 Case Number(s): 113169867 INCOME Income: Amount: Source Frequency Gross wages from employment, 3.1 contract labor, etc. Bonuses or incentive pay not reflected 3.2 on page 2: 3.3 Other court-ordered income such as alimony/child support paid to you: Payments from a settlement or 3.4 annuity: 3.5 Regular gifts from relatives or friends: 3.6 Investment income such as rent payments to you: 3.7 Stock dividends or bond payments: 3.8 Regular payments to you or on your behalf from a Trust: 3.9 3.10 Other: TOTAL Pt MONTHLY INCOME OTHER AVAILABLE FUNDS Asset Amount Source 41 Cash on hand, and in bank accounts: 42 Trust fund assets held on your behalf: 43 Stocks, bonds, mutual funds: 4.4 Other (i.e. 401(k), retirement, etc.): 45 Total Initials Initials OCSE - FIN12 10/2022 Page 2 of 6 Member Number: 75092692 Case Number(s): 113169867 MY CURRENT MONTHLY EXPENSES * Expense: Amount: Expense: Amount: Health Insurance- for child Health Insurance- excludes only $ amount in "a" Extraordinary medical Non-covered medical for expenses for child in this self or child not involved in $ case this case Childcare for child in this Childcare for child not case involved in this case Rent/house payment Car Payment Media Services, e.g. Cable/Satellite, Internet Car Insurance Telephone Car fuel and maintenance Gas, water, trash & electricity Lawn care Union dues Charitable giving Pension plan Household Expenses 401(k) payments Dry cleaning Garnishments x. Life Insurance: Alcohol and Tobacco Products y, Other: Food TOTAL *Place a check mark by all expenses which you are not currently paying. Initials Initials OCSE - FIN12 10/2022 Page 3 of 6 Member Number: 75092692 Case Number(s): 113169867 MINOR CHILDREN Number of children a. Number of minor children | have with opposing party: # b Number of other minor children | have: # Cc. Names of minor children involved in this case: AGE CREDITORS & DEBTS 7 Debts in the names of BOTH PARTIES are: Creditor: Total amount owed: Monthly payment: $ $ $ $ $ $ Totals: Initials Initials OCSE - FIN12 10/2022 Page 4 of 6 Member Number: 75092692 Case Number(s): 113169867 8 Debts only in my name: Creditor: Total amount owed: Monthly payment: $ $ $ $ $ Totals: Debts only in the name of the other party: Creditor: Total amount owed: Monthly payment: $ $ $ $ $ $ $ Totals: 10. SUMMARY OF ABOVE DEBTS TABLES: Summary of Debts: Total Owed: Total Monthly Payments: a. Joint Debts: $ $ b My Debts: $ $ Cc. Other Party's Debts: $ Initials Initials OCSE - FIN12 10/2022 Page 5 of 6 Member Number: 75092692 Case Number(s): 113169867 ACKNOWLEDGEMENT OF RESPONSIBILITIES AND CONSEQUENCES. I , understand that | must comply with the following. | acknowledge and agree to each provision by initialing each paragraph below. Both parties must complete and exchange this six-page affidavit at least three days before a court hearing where financial matters are at issue. The affidavit must be provided to Opposing counsel, if a party is represented, or directly to a self-represented litigant. Both parties must supply the original notarized affidavit to the court. If | am employed, | must attach copies of my last three paystubs to this affidavit. if | am self-employed, | must attach copies of my last two federal and state tax returns, including all schedules, to this affidavit. Before each court hearing where financial matters are at issue, | will review this document and provide updated information to the other party and to the court. | understand that the cost of dependent health insurance coverage is the difference between self-only and self with dependents or family coverage or the cost of adding the child(ren) to existing coverage. | understand that failing to comply with these provisions, or deliberately attempting to mislead the court or the opposing party, may result in my being held in contempt of court, being fined, being ordered to pay attorney's fees, and/or being sentenced up to 6 months in jail, and that serious violations can result in prosecution for felony perjury - punishable by 3 to 10 years in prison. Date Signature | certify that | have reviewed this affidavit with my client and advised him or her of the importance of providing true, correct, complete answers and the required exhibits. Date Attorney Initials Initials OCSE - FIN12 10/2022 Page 6 of Member Number: 75092692 Case Number(s): 113169867 STATE OF ARKANSAS 122 N Bloomington, Ste A Department of Finance P.O. Box 769 Lowell, AR 72745 VA fz} Phone: (479) 770-5443 \e J and Administration Fax: (479) 770-5203 Office of Child Support Enforcement support.lowell@ocse.arkansas.gov www.childsupportarkansas.gov January 3, 2023 James M. Hornsey Attorney at Law P.O. Box 1932 Fayetteville, AR 72701-1932 RE: OCSE v. Alexander B. Rukgaber No. 72DR-22-1600-8, OCSE #113169867 Dear James: On November 28, 2022, | served you with Interrog atories and Requests for Production of Documents to be answered by your client within tl hirty (30) days. The time has passed, and we have not received your client’s responses. Pursuant to Rule 37 of the Arkansas Rules of Civil Procedure, please consider this letterto be a good faith attempt to confer by letter with the attorne y for the party failing to make the discovery in an effort to secure the information and material wi ithout Court action. Please provide your client's responses to me by no later than January 13, 2023. Kind it regards, S- CV (Ss Attol be OSes Cer"Bs"Bit