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FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF CHAUTAUQUA
AMBER R. MASON and
DANIEL G. MASON on behalf of OMNIBUS DISCOVERY DEMANDS
JAMES D. MASON, an Alleged
Incapacitated Person
Plaintiffs, Index No.: EK12021000070
v.
KIM MASON
Defendant.
SIRS:
PLEASE TAKE NOTICE that,pursuant to Article31 of the CivilPractice Law
and Rules, the undersigned attorneys forthe Plaintiffson behalfof James D. Mason,
herciñafter named and referred to hereinas "thisPlaintiff',
hereby demañd that
defendant, furnish, within twenty (20) days ofthe service of thisnotice,the following:
1. Copies of alldocuments inDefendant's possession, whether signed or otherwise,
of this or
Plaintiff, theagents or employees of thisPlaintiff,including but not
limited to LastWill and Testament, Durable Power of Attomey, Health Care
Proxy forms forthe period of January 1, 2018 topresent time.
2. Set forthcopies of any and alltranscripts of any and alllitigation
hearings,
general municipal law hearings, motor vehicle hearings and/or examinations
before trial to thepersonal or knainema affairsof James D. Mason, or
relating
James D. Mason, Inc.
3. Pursuant to CPLR 3101(d), the names and qualificationsof allwitnesses expéeted
to be called at trial
togetherwith the following:
a) The expert's qualifications;
FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022
b) The subjectmatter upon which the expertisexpected to testify;
c) The substance of thefacts and opirics on which the expert is
expected totestify;
d) A summary of thegrounds foreach expert'sopinion;
e) Ifyou have not retainedan expert to date,please so advise;please
advisewhen and ifyou retainan expert;
4. Names and addresses of every witnessto:
a) Any incidentor oucaircnce which Defendant claims Plaintiff(s)
have ancmptM to üülawfully gain access tothe marital home, bank accents or other
informMon relevantto theabove entitledaction;
b) Any noticeto thetemporary co-guardians of thisPlaintiff;
c) Any admissions of thetemporary co-guardians by thisPlaintiff;
and
d) Any other elemcñt reflectingon mismanagement of theperson or
property of thisPlaintiff.
5. All photographs, videotapes, slidesor film depicting:
a) Allegations of any incideñtwhich Defendant claims Plaintiffshave
s"capt-1 to unlav .dlygain access to themarital home, bank accotüits or otherwise and
relevant to theabove entitledaction The scene ofthe incidentwhich is thesubject of this
and
litigation;
b) The instrumentalitiesinvolved;
Seneca"
6. Any and allinferrna+ien relatingto "Social Club by benefits gaming card
of Defcnd^rt and/or jointcard of theparties including but not limitedto Win/Loss
FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022
Statement, IRS tax st4cmcsts and/or any and allrecords to thebenefits or
relating
membership account.
7. Any and allreceipts from Dollar General dated January 1, 2020 shcrwing
purchases and ATM withdrawals.
8. Any and allreceipts from Dollar dated 1, 2020 purchases
Family January showing
and ATM withdrawals.
9. Any and allreceipts from Sherwin Williams dated January 1, 2020 relatedto
purchases forany purpose.
10.Any and allreceiptsforprescription medications filledand/or purchased for the
benefitof James D. Mason dated January 1, 2019 tothe presenttime.
11. Any and allbanking account records inthe possession of Defcñdâñt in thename
of James D. Mason, James D. Mason and Kim Mason, and/or Kim Mason dated
from January 1, 2018 tothe present time.
12.Any and allcontracts entered into on behalfof James D. Mason, James D. Mason
and Kim Mason, or Kim Mason relatingto personal property, realproperty and
any business accounts or businessproperty from January 1, 2018 to thepresent
time.
13. Any and alldecents inDcfcndâñt's possession relatingto thecontract and sale
of 6 ForestPark, Jamestown, New York 14701.
14.Any and allinformation Defendant has knowledge of relatingto any realestate
contract or created
listing by or on behalf of James D. Mason, James D. Mason
and Kim Mason, or Kim Mason relatingto personalproperty, realproperty and
any business anamm+s or husinass property from January 1, 2018 tothe present
FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022
time,includin.gbut not limited to thelistingof theTACO HUT Restaurant with
Century 21.
15. Copies of any and alldocmnents, papers or applicationsto New York State
Department of Unempicymcñt on behalf of James D. Mason, and/or Kim Mason
dated from January 1, 2018 tothe present time including but not limitedto copies
of unemployment cornnansauen checks or benefitsreceived whether any live
checks or directdeposits were issued.
16.Please provide a list
of allemployers Dafanaant has worked for inthe pastthree
years and provide allW-2s of Defendant Kim Mason issued by any and all
employers dated from January 1, 2018 tothe present time.
17. Any and allcorporate documents of James D. Mason, Inc.in the possession of
Defendant including documents originally filedwith the Secretary of State,
operating agreements, partnershipagreemcata or amendments to any corporate
documents and/or resolutions to change the corporate structureor elected tax
statusof same.
THIS IS A CONTINU1NG DISCOVERY DEMAND WHICH SHOULD BE
SUPPLEMENTED WHEN, AND IF, ADDITIONAL INFORMATION ON ANY
OF THE ABOVE IS OBTAINED.
Ifyou do not have one or more of theabove, you are required to submit a letteror
Affidavit so statingwithin twenty (20) days ofthe service of thisnotice.
We shallrely on allsanctions provided by law ifyou failtocomply with this
notice.
FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022
Dated: May 27, 2021 Respectfully submitted,
THIERFELDT LAW, P.C.
By:
L
Lori L. Thierfeldt,Esq
Attorneys for Plaintiff
500 Pine Street,2L
Jamestown, New York 14701
Telephone: (716) 665-2889
TO: R. Thomas Rankin
617 Washington Street
Jamestown, New York 14701
.
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FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF CHAUTAUQUA AMBER R. MASON and DANIEL G. MASON on behalf of OMNIBUS DISCOVERY DEMANDS JAMES D. MASON, an Alleged Incapacitated Person Plaintiffs, Index No.: EK12021000070 v. KIM MASON Defendant. SIRS: PLEASE TAKE NOTICE that,pursuant to Article31 of the CivilPractice Law and Rules, the undersigned attorneys forthe Plaintiffson behalfof James D. Mason, herciñafter named and referred to hereinas "thisPlaintiff', hereby demañd that defendant, furnish, within twenty (20) days ofthe service of thisnotice,the following: 1. Copies of alldocuments inDefendant's possession, whether signed or otherwise, of this or Plaintiff, theagents or employees of thisPlaintiff,including but not limited to LastWill and Testament, Durable Power of Attomey, Health Care Proxy forms forthe period of January 1, 2018 topresent time. 2. Set forthcopies of any and alltranscripts of any and alllitigation hearings, general municipal law hearings, motor vehicle hearings and/or examinations before trial to thepersonal or knainema affairsof James D. Mason, or relating James D. Mason, Inc. 3. Pursuant to CPLR 3101(d), the names and qualificationsof allwitnesses expéeted to be called at trial togetherwith the following: a) The expert's qualifications; FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022 b) The subjectmatter upon which the expertisexpected to testify; c) The substance of thefacts and opirics on which the expert is expected totestify; d) A summary of thegrounds foreach expert'sopinion; e) Ifyou have not retainedan expert to date,please so advise;please advisewhen and ifyou retainan expert; 4. Names and addresses of every witnessto: a) Any incidentor oucaircnce which Defendant claims Plaintiff(s) have ancmptM to üülawfully gain access tothe marital home, bank accents or other informMon relevantto theabove entitledaction; b) Any noticeto thetemporary co-guardians of thisPlaintiff; c) Any admissions of thetemporary co-guardians by thisPlaintiff; and d) Any other elemcñt reflectingon mismanagement of theperson or property of thisPlaintiff. 5. All photographs, videotapes, slidesor film depicting: a) Allegations of any incideñtwhich Defendant claims Plaintiffshave s"capt-1 to unlav .dlygain access to themarital home, bank accotüits or otherwise and relevant to theabove entitledaction The scene ofthe incidentwhich is thesubject of this and litigation; b) The instrumentalitiesinvolved; Seneca" 6. Any and allinferrna+ien relatingto "Social Club by benefits gaming card of Defcnd^rt and/or jointcard of theparties including but not limitedto Win/Loss FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022 Statement, IRS tax st4cmcsts and/or any and allrecords to thebenefits or relating membership account. 7. Any and allreceipts from Dollar General dated January 1, 2020 shcrwing purchases and ATM withdrawals. 8. Any and allreceipts from Dollar dated 1, 2020 purchases Family January showing and ATM withdrawals. 9. Any and allreceipts from Sherwin Williams dated January 1, 2020 relatedto purchases forany purpose. 10.Any and allreceiptsforprescription medications filledand/or purchased for the benefitof James D. Mason dated January 1, 2019 tothe presenttime. 11. Any and allbanking account records inthe possession of Defcñdâñt in thename of James D. Mason, James D. Mason and Kim Mason, and/or Kim Mason dated from January 1, 2018 tothe present time. 12.Any and allcontracts entered into on behalfof James D. Mason, James D. Mason and Kim Mason, or Kim Mason relatingto personal property, realproperty and any business accounts or businessproperty from January 1, 2018 to thepresent time. 13. Any and alldecents inDcfcndâñt's possession relatingto thecontract and sale of 6 ForestPark, Jamestown, New York 14701. 14.Any and allinformation Defendant has knowledge of relatingto any realestate contract or created listing by or on behalf of James D. Mason, James D. Mason and Kim Mason, or Kim Mason relatingto personalproperty, realproperty and any business anamm+s or husinass property from January 1, 2018 tothe present FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022 time,includin.gbut not limited to thelistingof theTACO HUT Restaurant with Century 21. 15. Copies of any and alldocmnents, papers or applicationsto New York State Department of Unempicymcñt on behalf of James D. Mason, and/or Kim Mason dated from January 1, 2018 tothe present time including but not limitedto copies of unemployment cornnansauen checks or benefitsreceived whether any live checks or directdeposits were issued. 16.Please provide a list of allemployers Dafanaant has worked for inthe pastthree years and provide allW-2s of Defendant Kim Mason issued by any and all employers dated from January 1, 2018 tothe present time. 17. Any and allcorporate documents of James D. Mason, Inc.in the possession of Defendant including documents originally filedwith the Secretary of State, operating agreements, partnershipagreemcata or amendments to any corporate documents and/or resolutions to change the corporate structureor elected tax statusof same. THIS IS A CONTINU1NG DISCOVERY DEMAND WHICH SHOULD BE SUPPLEMENTED WHEN, AND IF, ADDITIONAL INFORMATION ON ANY OF THE ABOVE IS OBTAINED. Ifyou do not have one or more of theabove, you are required to submit a letteror Affidavit so statingwithin twenty (20) days ofthe service of thisnotice. We shallrely on allsanctions provided by law ifyou failtocomply with this notice. FILED: CHAUTAUQUA COUNTY CLERK 02/21/2022 06:05 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2022 Dated: May 27, 2021 Respectfully submitted, THIERFELDT LAW, P.C. By: L Lori L. Thierfeldt,Esq Attorneys for Plaintiff 500 Pine Street,2L Jamestown, New York 14701 Telephone: (716) 665-2889 TO: R. Thomas Rankin 617 Washington Street Jamestown, New York 14701 .