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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thursday, March 7, 2024 3:03:31 PM
CASE NUMBER: 2020 DR 00906 Docket ID: 384209704
Mike Foley
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COURT OF COMMON PLEAS, MONTGOMERY COUNTY, OHIO
DIVISION OF DOMESTIC RELATIONS
Brandon G. Winters, ) Case No.: 2020 DR 00906
9564 Snowy Spruce Ct.
Miamisburg, Ohio 45342 ) Judge Denise L. Cross
Plaintiff/Father, ) Magistrate Jacqueline V. Gaines
vs. )
DEFENDANT’S MOTION
Nancy A. Arsan ) TO COMPEL
3444 Oakmont Avenue
Kettering, Ohio 45429 )
Defendant/Mother )
____________________________________________________________________________
Now comes Defendant, Nancy A. Arsan, by and through counsel, Lawrence W. Henke,
III, and hereby moves this Court for an Order to Compel Plaintiff to provide his financial
records, pursuant to our Request for the Production of Documents.
Respectfully submitted,
/s/ Lawrence W. Henke, III
Lawrence W. Henke, III (#0008039)
Attorney for Defendant, Nancy A. Arsan
120 W. Second St., Ste. 503
Dayton, Ohio 45402
Phone: (937) 461-9330
Facsimile: (937) 461-9331
MEMORANDUM
In support of her Motion to Compel, Defendant offers the following:
1. Defendant sent her Interrogatories and Request for Production of Documents to
Plaintiff ‘s counsel on January 10, 2024.
2. In said Production of Documents request, she requested the following items which
to date have not been produced as requested:
a. Document request 1: TAX RETURNS – Copies of personal income tax and
personal property tax returns and/or gift tax returns, which you have filed, for the
last 3 years. Include all schedules, attachments, W- 2 forms, K-1 forms and 1099
forms. From December 31 of the last filed tax return to the present provide copies
of all documentation which will be used to prepare your subsequent tax
return(s).
Plaintiff provided only his 2022 Tax returns, yet will only provide a signed
medical records release if Defendant provides her 2023 tax returns.
Defendant provided her 2020, 2021 and 2022 tax returns to Plaintiff.
b. Document request 2: EARNINGS STATEMENT - Copies of all pay stubs or
earnings statements received by you for the last three (3) years, including, but not
limited to, wages, salary, interest, partnership distributions, dividends, S
Corporation dividends, pensions, deferred compensation payments, installment
sales, proceeds from the sale of assets and any other sources of income received
by you whether considered taxable or non-taxable.
Plaintiff provided only his 2022 W2s and pay stubs.
c. Document Request 6: CASH ACCOUNTS – All cancelled checks, checkbook
ledger, and/or the following monthly bank statements from the last three (3)
years: from all checking and savings accounts, savings accounts passbooks, credit
union accounts, money market account, certificates of deposit, and any and all
other cash account statements, active or cancelled, wherein you are a
depositor, beneficiary or drawer, whether individually or jointly, or
otherwise with any person.
Plaintiff has only provided one set of statements dated from May 22, 2022 to
2/8/24 from one checking account at Huntington Bank.
Defendant has provided all of her checking account statements for three full
years.
d. Document Request 9: INDEBTEDNESS – All notes, statements, invoices,
ledgers, memoranda, or other documents evidencing any financial obligation,
primary, secondary, or contingent to which you are liable singularly, jointly or in
any other manner.
In Defendant’s response to the above Document Request 9, Plaintiff was
redirected to Plaintiff’s Affidavit of Financial Disclosure which was filed October
2, 2023.
Further, said Affidavit indicates a debt to a Chase Bank line of Credit in the
amount of $17,500.00. No statement has been provided to date pursuant to
Defendant’s request.
However, Defendant has received voicemail messages from creditors seeking
to speak with Plaintiff concerning certain debts, which do not appear to be
disclosed on said above-mentioned Affidavit.
e. Document Request 10: CHARGE ACCOUNTS – Copies of all monthly charge
account statements reflecting all charges, credits and all payments for charge
account, including but not limited to VISA, Mastercard, American Express,
gasoline cards and all retail store, for the last three (3) years.
Plaintiff provided no credit card statements. Further, the bank statements
provided by Plaintiff indicate payments being made to Capital One, Chase Bank,
JP Morgan Chase, and Coinbase.
f. Plaintiff has never paid Defendant her portion of the Coinbase Account pursuant
to the Final Judgment and Decree of Divorce filed in April, 2019.
a. Defendant demands that Plaintiff provide her the sum of $10,000.00 cash
pursuant to said Final Judgment and Decree of Divorce.
g. Further, Plaintiff filed Defendant’s Federal Income Taxes in the year 2021, jointly
with him, without her knowledge, permission or signature.
a. Defendant should have been able to file separately, since the parties
were divorced before 2021.
b. Defendant was left with a tax refund of $104.00 which was considerably
less than what she would have received if she had been able to file
separately.
WHEREFORE, Defendant requests this Court for an Order to Compel Plaintiff to
provide documents as she has had to provide.
Respectfully submitted,
/s/ Lawrence W. Henke, III
Lawrence W. Henke, III (#0008039)
Attorney for Defendant, Nancy A. Arsan
120 W. Second St., Ste. 503
Dayton, Ohio 45402
Phone: (937) 461-9330
Facsimile: (937) 461-9331
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing Motion to Compel Plaintiff to
Produce Cell Phone for Inspection of Certain Electronically Stored Images was efiled via the
Montgomery County Common Pleas Court’s efiling system on the 7th day of March, 2024, which
will then send email notifications to Dean E. Hines, attorney for Plaintiff, 5335 Far Hills
Avenue, #313, Kettering, Ohio 45429.
/s/Lawrence W. Henke, III
Lawrence W. Henke, III (#0008039)
Attorney of Defendant, Nancy A. Arsan
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Thursday, March 7, 2024 3:03:31 PM CASE NUMBER: 2020 DR 00906 Docket ID: 384209704 Mike Foley CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COURT OF COMMON PLEAS, MONTGOMERY COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS Brandon G. Winters, ) Case No.: 2020 DR 00906 9564 Snowy Spruce Ct. Miamisburg, Ohio 45342 ) Judge Denise L. Cross Plaintiff/Father, ) Magistrate Jacqueline V. Gaines vs. ) DEFENDANT’S MOTION Nancy A. Arsan ) TO COMPEL 3444 Oakmont Avenue Kettering, Ohio 45429 ) Defendant/Mother ) ____________________________________________________________________________ Now comes Defendant, Nancy A. Arsan, by and through counsel, Lawrence W. Henke, III, and hereby moves this Court for an Order to Compel Plaintiff to provide his financial records, pursuant to our Request for the Production of Documents. Respectfully submitted, /s/ Lawrence W. Henke, III Lawrence W. Henke, III (#0008039) Attorney for Defendant, Nancy A. Arsan 120 W. Second St., Ste. 503 Dayton, Ohio 45402 Phone: (937) 461-9330 Facsimile: (937) 461-9331 MEMORANDUM In support of her Motion to Compel, Defendant offers the following: 1. Defendant sent her Interrogatories and Request for Production of Documents to Plaintiff ‘s counsel on January 10, 2024. 2. In said Production of Documents request, she requested the following items which to date have not been produced as requested: a. Document request 1: TAX RETURNS – Copies of personal income tax and personal property tax returns and/or gift tax returns, which you have filed, for the last 3 years. Include all schedules, attachments, W- 2 forms, K-1 forms and 1099 forms. From December 31 of the last filed tax return to the present provide copies of all documentation which will be used to prepare your subsequent tax return(s). Plaintiff provided only his 2022 Tax returns, yet will only provide a signed medical records release if Defendant provides her 2023 tax returns. Defendant provided her 2020, 2021 and 2022 tax returns to Plaintiff. b. Document request 2: EARNINGS STATEMENT - Copies of all pay stubs or earnings statements received by you for the last three (3) years, including, but not limited to, wages, salary, interest, partnership distributions, dividends, S Corporation dividends, pensions, deferred compensation payments, installment sales, proceeds from the sale of assets and any other sources of income received by you whether considered taxable or non-taxable. Plaintiff provided only his 2022 W2s and pay stubs. c. Document Request 6: CASH ACCOUNTS – All cancelled checks, checkbook ledger, and/or the following monthly bank statements from the last three (3) years: from all checking and savings accounts, savings accounts passbooks, credit union accounts, money market account, certificates of deposit, and any and all other cash account statements, active or cancelled, wherein you are a depositor, beneficiary or drawer, whether individually or jointly, or otherwise with any person. Plaintiff has only provided one set of statements dated from May 22, 2022 to 2/8/24 from one checking account at Huntington Bank. Defendant has provided all of her checking account statements for three full years. d. Document Request 9: INDEBTEDNESS – All notes, statements, invoices, ledgers, memoranda, or other documents evidencing any financial obligation, primary, secondary, or contingent to which you are liable singularly, jointly or in any other manner. In Defendant’s response to the above Document Request 9, Plaintiff was redirected to Plaintiff’s Affidavit of Financial Disclosure which was filed October 2, 2023. Further, said Affidavit indicates a debt to a Chase Bank line of Credit in the amount of $17,500.00. No statement has been provided to date pursuant to Defendant’s request. However, Defendant has received voicemail messages from creditors seeking to speak with Plaintiff concerning certain debts, which do not appear to be disclosed on said above-mentioned Affidavit. e. Document Request 10: CHARGE ACCOUNTS – Copies of all monthly charge account statements reflecting all charges, credits and all payments for charge account, including but not limited to VISA, Mastercard, American Express, gasoline cards and all retail store, for the last three (3) years. Plaintiff provided no credit card statements. Further, the bank statements provided by Plaintiff indicate payments being made to Capital One, Chase Bank, JP Morgan Chase, and Coinbase. f. Plaintiff has never paid Defendant her portion of the Coinbase Account pursuant to the Final Judgment and Decree of Divorce filed in April, 2019. a. Defendant demands that Plaintiff provide her the sum of $10,000.00 cash pursuant to said Final Judgment and Decree of Divorce. g. Further, Plaintiff filed Defendant’s Federal Income Taxes in the year 2021, jointly with him, without her knowledge, permission or signature. a. Defendant should have been able to file separately, since the parties were divorced before 2021. b. Defendant was left with a tax refund of $104.00 which was considerably less than what she would have received if she had been able to file separately. WHEREFORE, Defendant requests this Court for an Order to Compel Plaintiff to provide documents as she has had to provide. Respectfully submitted, /s/ Lawrence W. Henke, III Lawrence W. Henke, III (#0008039) Attorney for Defendant, Nancy A. Arsan 120 W. Second St., Ste. 503 Dayton, Ohio 45402 Phone: (937) 461-9330 Facsimile: (937) 461-9331 CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing Motion to Compel Plaintiff to Produce Cell Phone for Inspection of Certain Electronically Stored Images was efiled via the Montgomery County Common Pleas Court’s efiling system on the 7th day of March, 2024, which will then send email notifications to Dean E. Hines, attorney for Plaintiff, 5335 Far Hills Avenue, #313, Kettering, Ohio 45429. /s/Lawrence W. Henke, III Lawrence W. Henke, III (#0008039) Attorney of Defendant, Nancy A. Arsan