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IN THE COMMON PLEAS COURT, MUSKINGUM COUNTY, OHIO
DOMESTIC RELATIONS DIVISION
EMILY NICOLE ROBBINS CASE NUMBER DA2023-0111
PLAINTIFF
JUDGE KALIS
Vv MAGISTRATE WILLIAMS
ANDREW CHASE ROBBINS MOTION TO COMPEL
DEFENDANT
Now comes Plaintiff, by and through counsel, and pursuant to Rule 37 of the Ohio Rules
of Civil Procedure moves this Court for an order compelling Defendant to respond to
discovery. As grounds for this motion, Plaintiff asserts that she served Defendant's
counsel with Interrogatories and a Request for Production of Documents on
May 10, 2023, copies of which are attached hereto as Exhibit A. Further, counsel for the
Defendant sent an email to Plaintiff's counsel, on June 28, 2023 requesting discovery
responses which is attached hereto as Exhibit B, as required by Civil Rule 37. To date,
no response has been forthcoming.
In consideration of the foregoing, Plaintiff respectfully requests that the Court issue an
order compelling Defendant to respond to discovery by a date certain.
Respectfull MI
iles Fries (0016415)
Attorney for Plaintiff
GOTTLIEB, JOHNSTON, BEAM
& DAL PONTE, P.L.L.
GOTTLIEB, JOHNSTON, 320 Main Street, P.O. Box 190
Beam & Dat Ponte, PLL Zanesville, Ohio 43702-0190
Attorneys At Law Telephone: (740) 452-7555
Legal Arts Building Facsimile: (740) 480-1664
320 Main Street
P.O. Box 180
Zanesville, Ohio
43702-0190
(740) 452-7555,
FAX (740) 480-1664
www.ZanesvilleLaw.com
Coy AED
esee mes, CouRr
23 ngy 13 Pa
CERTIFICATE OF SERVIC!
HERD
The undersigned hereby certifies a true copy of the peeone was eG juper Brian_—-
Benbow, Attorney for Defendant, via email, this GK ‘dayof Ni r2
Miles D. Fries (0016415)
Attorney for Plaintiff
Gormuiee, JOHNSTON,
Bean & Dat Ponte, PLL
Attorneys At Law
Legal Arts Building
320 Main Street
P.O, Box 190
Zanesville, Ohio
43702-0190
(740) 452-7555
FAX (740) 480-1664
www,ZanesvilleLaw.com
Lori Suttles 1
Ee
From: Lori Shook
Sent: Wednesday, May 10, 2023 10:46 AM
To: Brian W. Benbow; brian benbow
1
Subject: Robbins v Robbins
Attachments: 2023-5-10 Counse| Letter.PDF; 2023-5-10 Interrogatories.docx; 2023-5-10 POD.decx
Attorney Benbow,
Please see the attached correspondence from Attorney Fries regarding the above matter.
Thank you.
Lori Ut. Shook
Paralegal to Attorney Miles Fries
Gottlieb, Johnston, Beam and Dal Ponte
320 Main Street
P.O. Box 190
Zanesille, OH 43702-0190
Shook.lori@zanesvillelaw.com
Direct line — 740-450-6924
1
GOTTLIEB, JOHNSTON, BEAM & DAL PONTE ou: '
'
are LEGAL ARTS BUILDING Mites D. Fries
320 MAIN ST PO Boxl190 fries.miles@zanesvillelaw.com
ZANESVILLE, OH 43702-0190 Direct Diat: 740.450.6904
nh TeL. 740.452.7555 It
Pho Py Fax 740.480.1664 !1
cea [Taare EFS WWW.ZANESVILLELAW.COM
May 10, 2023
Via email
And by regular U.S, mail
Brian Benbow
265 Sunrise Center Drive
Zanesville, OH 43701
Re Robbins v Robbins
Dear Brian,
Along with this letter you will find Plaintiff's First Set of Interrogatories and First Request for
Production of Documents. These are being served upon you both electronically and by
regular U.S. mail
Yours tr
Miles,D.-Fries
MDF/Ims
Enclosure
|
FOUNDED 1962
Hanoto E. Gorruies (1913-1999) * Ross L, JoRNSTON (1915-2006) * J. RogEAT BEAM (1936-2014)
Dow A. DAL Ponte * Mites D. FRieS + JAMES R. KRISCHAK (RETIRED) * DONALD A. WIETMARSCHEN » MARK E. Kaipo «
SUSAN MONTGOMERY MCDONALD * PAUL R. SCHERBEL * RANDALL H. Peopicoao (RETIRED) * AARICA D, BURWELL
Keuty L. BRATTON * ZACHARY D. TABLER * WAYNE W, PHILLIPS, II {OF COUNSEL) * PHILIP S. PHILLIPS (oF COUNSEL)
‘I
I
IN COMMON PLEAS COURT, MUSKINGUM COUNTY, OHIO
-DOMESTIC RELATIONS DIVISION
EMILY NICOLE ROBBINS ) CASE NUMBER DA2023-0111
PLAINTIFF
) JUDGE KALIS
Vv ) MAGISTRATE WILLIAMS
)
ANDREW CHASE ROBBINS )
DEFENDANT )
NOTICE E CE
Now comes Plaintiff, by and through counsel, and does hereby notify this Court that
Plaintiff's First Set of Interrogatories and First Request for Production of Documents has been
prepaid this }
served upon Briai Benbow, Attorney for Defendant, via email and by regular U.S. mail, postage
{e. it day of May 2023, 1"
Respectfully. s! 3
EE
Miles D. Fries (0016415)
Attorney for Plaintiff
GOTTLIEB, JOHNSTON, BEAM
& DAL PONTE, P.L.L.
320 Main Street, P.O. Box 190
Zanesville, Ohig 43702-0190
Pranaes Telephone: (740) 452-7555
DE Facsimile: (740) 480-1664
fsvatarale [i
CERTIFICATE OF SERVICE
Gormues, JOHNSTON, "
Bean & DAL Ponte, PLL The undersigned hereby certifies a true copy of the fore; goin, yas served upon Brian
Attorneys At Law +,
Benbow, Attorney for Defendant, via email and by regu tage prepaid,
Legal Arts Building
this day of May 2023.
320 Main Street
P.O. Box 190
Zanesville, Ohio
43702-0190
iles D. Fi (0016415)
(740) 452-7555 Attorney for Plaintiff.
1
FAX (740) 480-1664 :
www.ZanesvilleLaw.com il
1
1
IN THE COMMON PLEAS COURT, MUSKINGUM COUNTY, OHIO
DOMESTIC RELATIONS DIVISION
1
EMILY NICOLE ROBBINS ) CASE NUMBER DA2023-011.
PLAINTIFF
) JUDGE KALIS
v ) MAGISTRATE WILLIAMS
)
ANDREW CHASE ROBBINS )
DEFENDANT )
LA! 'S FIRST SET OF INTERROGATORIES PROPOUNDED TO THE DEFENDANT
The following Interrogatories are submitted herewith to you to be answered in
writing, under oath, twenty- eight (28) days after the date of service thereof upon you.
INSTRUCTIONS FOR ANSWERING:
All information is to be divulged that is in your possession or control or within the
possession or contrel of your attorney, agents, or other representatives of you
Where an Interrogatory calls for an answer in more than one part, each part
should be separate jn the answer so that the answer is clearly understandable.
You are reminded that all answers must be made separately and fully and that
any incomplete or evasive answers are a failure to answer.
‘
or |
OGATORIES
State your full name, date of birth, and Social Security Number,
GOTTuEB, JOHNSTON, ANSWER
Bean & Dat Ponte, PLL
Attorneys At Law
Legal Arts Building
320 Main Street
P.O. Box 290
Zanesville, Ohio State the name and. address of each individual assisting in providing the answers
43702-0190 |
to these Interrogatories.
(740) 452-7555
FAX (740) 480-1664 |
www.ZanesvilleLaw.com
|
"
ANSWER:
State the name andjaddress of each bank, savings and loan, or other financial
institution in which you now have an account of any kind.
ANSWER:
For each account listed in your answer to this Interrogatory, please provide the
following information:
4. The names on the account;
B The type of ccount, L.e., savings, checking, or other;
The date th account was opened;
The account/number;
The present balance;
Highest balance that you have had since the account was opened.
Please state the name and address of each bank, savings and loan, or other
financial institution|in which you have had any accounts which has been closed
Gorrues, JOHNSTON, within the last five years.
Beaw & DAL Ponte, PLL
Attorneys At Law
ANSWER:
LegalArts Building
320 Main Street
P.O. Box 190,
Zanesville, Ohio
43702-0190
(740) 452-7555
FAX (740) 480-1664
www.ZanesvilleLaw.com
4
For each account listed in your answer to this Interrogatory, please provide the
following information:
A The names that were on the account;
B. The type of account;
The date the account was opened;
The account number;
,
The date the account was closed;
The balancejin the account on the date it was closed.
Do you have any safe deposit boxes, vaults, safes, or other places of deposit or
safekeeping,
ANSWER:
If your answer to this Interrogatory is in the affirmative, please provide the
following information: 1'
The name and address of each individual listed in the records pertaining
to such safel deposit box, vault, or other place of safe keeping;
GOTTUES, JOHNSTON,
Beam & Dat Ponte, PLL
The numberjor other means of identification;
Attorneys At Law
Legal Arts Building
The name and address of the entity at which such place of safekeeping is
320 Main Street
P.O. Box 190 maintained;
'
Zanesville, Chio
43702-0190 The items that have been deposited in said place of safekeeping;
(740) 452-7555 1
FAX (740) 480-1664
www.ZanesvilleLaw.com
|
f1
u
E Items removed from said place of safekeeping, if any have been removed.
Have you had any safe deposit boxes, vaults, safes, or other places of safe
keeping that are not listed in your answer to Interrogatory No. 5. If your answer
to this Interrogatory
is in the affirmative, please provide all of the information
requested in Interrdgatory No. 5 as it pertains to the time that said place of safe
keeping was still in existence. Please indicate when each such place of safe
keeping listed in your answer to this Interrogatory was closed or terminated, the
items deposited, and their disposition.
ANSWER:
Do you now own any interest in real estate.
ANSWER:
If your answer to this Interrogatory is in the affirmative, please provide the
following information for each parcel of real estate owned:
A Address;
B, Description;
Date and method of acquisition;
GOTTLIER, JOHNSTON,
Beam & Dat Ponte, PLL
Source of funds for the acquisition;
Attorneys At Law
Legal Arts Bullding
320 Main Street
Present outstanding mortgage balance, if any.
P.O, Box 190
\
Zanesville, Chlo
43702-0190 "
{240} 452-7555,
FAX (740) 480-1664
www Zanesvilelaw.com
8 Have you owned any real estate, during the course of this marriage, other than
real Estate described in response to the foregoing Interrogatory.
ANSWER:
If so, please provideythe following information:
Address;
Description;
Method of acquisition;
Source of funds for acquisition;
Date of acquisition;
Date of sale or other disposition;
Consideration received for sale or other disposition;
Disposition of proceeds from sale.
GOrTues, JOHNSTON,
Do you own any automobiles or other motor vehicles.
Bea & Dat Ponte, PLL
Attorneys At Law
ANSWER:
Legal Arts Building
320 Main Street
P.O. Box 190
Zanesville, Ohio
43702-0190
(740) 452-7555
FAX (740) 480-1654
www.ZanesvilleLaw.com
"
If your answer to this Interrogatory is in the affirmative, please provide the
following information:
A The year, make, model, and license number;
B The name and address of the registered owner;
The date of purchase;
The purchase price;
The present value;
|
The present lien or indebtedness, if any.
10 Do you presently own or have any interest in any life insurance or annuity policy.
ANSWER:
lf your answer to this Interrogatory is in the affirmative, please provide the
following information. '
A. The name and address of the insurance company;
B The policy number;
Gortues, JOHNSTON, The type of policy, i.e. term, whole life, universal life, ‘etc.;
Bean & Dat Ponte, PLL
Attorneys At Law 1
The date of issuance;
Legal Arts Bullding
320 Main Street
P.O. Box 190
The face amount or death benefit of said property;
Zanesville, Ohio
43702-0190 Cash value, if any;
(740) 452-7555
FAX (740) 480-1664. |
I
wyew.ZanesvilleLaw.com
"I
G Name and address of each beneficiary;
H. The date of any change of beneficiary, if there has been a change since
the policy was acquired.
a1 Have you had any interest in any life insurance or annuity policy that has been
|
cancelled, for any reason, during your marriage?
|
|
ANSWER:
:
|
If your answer to this Interrogatory is in the affirmative, please provide the
following information: 1
t
"
A. The name and address of the company;
‘
B. The policy number. '
The type of policy, i.e. term, whole life, universal life, annuity, etc.
Date of issua nee;
The face amount or death benefit of said policy;
Cash value, ifjany, at the time of cancellation;
Gortues, JOHNSTON, Disposition of cash value;
Bean & Dat Ponte, PLL
Attorneys At Law
Name and address of any beneficiary;
Legal Arts Bullding
320 Main Street
P.O, Box 190
Reason for cancellation.
Zanesville, Ohio
43702-0190
(740) 452-7555
FAX (740) 480-1664
www.ZanesvilleLaw.com
12 Do you have a pengion or retirement plan through your present or any former
employer. I
,
ANSWER: |
If your answer to this Interrogatory is in the affirmative, please provide the
following information:
A The name and address of the Plan Administrator;
B. The name or description of the plan or fund;
C. The present balance or value of your interest in said plan or fund.
‘
1
13 Please provide the name of each and every individual or entity by whom you have
been employed during the course of your marriage. For each employer so listed,
please provide the following information:
ANSWER:
Name;
Address; !'
GOTTLIE8, JOHNSTON, ‘
Beam & Dat Ponte, PLL
Inclusive dates of employment;
Attorneys At Law
Legal Arts Building
320 Main Street Immediate supervisor;
P.O. Box 190
Zanesville, Ohio Job description and/or duties;
43702-0190
(740) 452-7555, Reason for leaving;
FAX (740) 480-1664
www.ZanesvilleLaw.com
‘|
G Entitlement to receive a pension or retirement benefit.
|
14, Do you now have any investment accounts with any investment, brokerage, or
similar firm, with any individual or entity.
‘
ANSWER: '
If your answer to this Interrogatory is in the affirmative, please provide the
following information:
A The name and address of the entity where the fund is located;
B The account humber;
The date the account was opened;
The initial balance or value of the account;
|
The present balance or value of the account;
The type of account;
The nature of the funds or investments in said account.
GarTuce, JOHNSTON, |
Bean & Dat Ponte, PLL
Attorneys At Law
1
Legal Arts Guilding
320 Main Street
15. Do you own any stocks, bonds, mutual funds or other securities not contained
within the accounts or funds listed in your answer to the foregoing Interrogatory.
P.O, Box 190
Zanesville, Ohio
43702-0180 ANSWER:
(740) 452-7555
FAX (740) 480-1664
www. ZanesvilleLaw.com
i
u
Il
d
If your answer to this Interrogatory is in the affirmative, please identify all such
stocks, bonds, and/or other securities and provide the following information:
A The name of each stock, bond, or security;
B The number of shares or other investment units:
'
The date of acquisition;
The present value.
'
'
16 In follow up to Interrogatories number 14 and 15, please indicate Whether or not
you have had any stocks, bonds, mutual funds, securities, ‘or any accounts with
any investment, brokerage, or similar firm at any time during your marriage that
you no longer own.
‘i
ANSWER,
1'
If your answer to this Interrogatory is in the affirmative, please provide the
following information:
A The nature and identity of any such investment that was owned:
B The date any such account or investment was cancelled or transferred:
The name an d address of the entity in which the account existed and/or
GOTTLES, JOHNSTON, I
the custodian of any such investments;
Bean & DAL PONTE, PLL
Attorneys At Law
The value of ‘any such investment or fund at the time the account was
Legal Arts Building
320 Main Street
closed or transferred; \
'
P.O. Box 190 '
Zanesville, Ohlo The disposition of any such investment or fund
43702-0290 '
{740} 452-7555 "
FAX (740) 480-1664
www. Zanesvillelaw.com
17. Do you contend that'any property that you have an interest in, whether it be real,
personal, tangible, or intangible, is premarital or otherwise separate property.
'
1
ANSWER: |
|
If your answer to this Interrogatory is in the affirmative, please provide the
following: :
I
A The identity of said property;
B. The reason or reasons that you believe each such item of property is
premarital or otherwise separate;
The date such property was acquired;
The manner ih which such property was acquired;
The source of funds for the acquisition of this property;
The name and address of each individual that you contend can support
your allegation that said property is premarital or otherwise separate.
18 State the name and address of each corporation in which you have any interest
and for each corporation so listed please provide the following information:
ANSWER:
GOTTuies, JOHNSTON,
Beam & Dat Ponte, PLL
Attorneys At Law
Legal Arts Building
The type of corporation;
320 Main Steet
P.O. Box 190
Zanesville, Ohio
The date that you acquired your ownership interest in said corporation;
43702-0190
(740) 452-7555
FAX (740] 480-1664
wwnw.ZanesvilleLaw.com
The manner in which you acquired your ownership interest in said
corporation;
The interest that you acquired as of that initial date in said corporation,
ie., percentage of stock:
The amount or nature of consideration paid to acquire your interest in the
corporation;+
The date or,dates upon which you acquired further interests in the
corporation, if applicable;
The present ownership interest that you have in said corporation, i.e.,
percentage of stock or number of shares of stock
The name and address of all other corporate stockholders;
Whether you are an officer in said corporation and, if so, your title;
Whether there is a buy/sell agreement that you have signed:
The date on which the buy/sell agreement was signed
The name and address of the individual that has the following corporate
records: Articles of Incorporation, Bylaws, and Minute Books.
19 Have you been a stockholder in any corporations other than those listed in your
response to Interrogatory Number 18, above, that you no longer own any interest
in. If the answer to this Interrogatory Is in the affirmative, please state when you
GOTUIEB, JOHNSTON, relinquished your ownership interest in the stock of that corporation, the reason
Bea & Dat Ponte, PLL that you did so, the consideration received, to whom you relinquished that
Attorneys At Law
interest, and also provide all of the other information set forth i in the various sub-
Legal Arts Building
320 Main Street
parts of the previous interrogatory.
P.O, Box 190
Zanesville, Ohio
ANSWER:
43702-0190,
(740) 452-7555
FAX (740) 480-1664 "
www.zanesvilleLaw.com
20. Have you, within the last three years, sold, assigned, transferred, or otherwise
given away any asset of any kind, be it real, personal, tangible, or intangible and
whether you considered it to be marital or separate property.
ANSWER:
If your answer to this Interrogatory is in the affirmative, please provide the
following information:
1
A The identity of such property; '
B The nature of the disposition, i.e. sale, transfer, gift, or otherwise;
The date such property was sold, given away, or tranéferred;
If not a gift, the amount and nature ofconsideration;
The name and address of the individual or entity receiving each item;
The disposition of the funds or other consideration received.
|
, 4
21. State the name and address of each creditor that you have,,including but not
limited to banks, credit card companies, mortgage companies or other credit
GOrtuies, JOHNSTON,
Beam & Dat Ponte, PLL
institutions In which you now have an account of any kind.
Attorneys At Law
Legal Arts Building
320 Main Street
P.C. Box 190
ANSWER:
Zanesville, Ohlo
43702-0190
(740) 452-7585
FAX (740) 480-1664
www ZanesvilleLaw.com
n
.
For each account listed in your answer to this Interrogatory, please provide the
following information:
A The names on the account;
B The type of account, i.e., mortgage, vehicle loan, retirement loan, credit
card, revolving charge, student loan, or other;
The collateral;
-
The date the account was opened;
The account number;
The present balance;
The highest balance.
22. State the name and address of each lay witness that you intend to call at the time
of trial. For each witness listed please identify the general nature of the testimony
that you anticipate that witness will give.
ANSWER:
Please state the name and address of each expert witness that you intend to call
GOTTLIEB, JOHNSTON, at the time of trial. For each expert listed, please state the subject matter upon
Beau & Dal Ponte, FLL
which you expect that expert to testify.
Attorneys At Law
Legal Arts Building
320 Main Street
ANSWER:
P.O. Box 190
Zanesville, Chio
43702-0150
{740} 452-7555
FAX (740) 480-1664
www.ZanesvilleLaw.com
"
24, Do you own any property that you have not identified in your answer to any of the
foregoing Interrogatories.
ANSWER:
If your answer to this Interrogatory is in the affirmative, please provide the
following information:
A A description of the property;
B The present location;
The fair market value of the property;
The date of acquisition of said property;
The consideration for the acquisition of said property;
i
25 Have you had sexual relations with any individual, other than your spouse, during
this marriage?
1'
ANSWER:
If your answer to this Interrogatory is in the affirmative, please provide the
GOTTUEB, JOHNSTON, following information:
Beam & Da Ponte, PLL '
Attorneys At Law ul
A The name and address of each individual with whom you have had sexual
Legal Arts Building u
relations;
320 Main Street
P.O. Box 190
Zanesville, Ohio
The date of each such encounter;
43702-0150
(740) 452-7555, The location of each such encounter;
FAX (740) 480-1564
www.ZanesvilleLaw.com
26. Please state the name of your immediate supervisor at your place of employment
and the name of each immediate supervisor that you have had at your place of
employment for the last year.
ANSWER:
27 Please provide your current rate of compensation from your place of employment.
If you work overtime, please indicate the regularity or frequency of said overtime,
the rate of compensation for said overtime, and also whether or not overtime is
offered to you that you have turned down within the last six months. Please also
attach to these Interrogatories copies of your last four pay stubs with year to date
earnings figures.
ANSWER:
28. Do you have an interest in any individual retirement account, 401(k) or other type
of retirement account not referred to in your answers to any of the foregoing
Interrogatories.
ANSWER:
Gortues, JOHNSTON,
Bean & DAL Ponte, PLL
Attorneys At Law
If your answer to this Interrogatory is in the affirmative, please provide the
Legal Arts Building
320 Main Street
following information:
P.O. Box 190
Zanesville, Ohio
A The date such account was established;
43702-0190
(740) 452-7555, B The name and address of the custodian of said account;
FAX (740) 480-1664 '
'
www ZanesvilleLaw.com
C. The name and address of the financial institution in which said account is
held; if different than the answer to sub-section B;
D The value of your interest in the account.
29. Is any property, real, personal, tangible, or intangible, being held by any individual
for your benefit, in trust or otherwise.
ANSWER:
If your answer to this Interrogatory ts in the affirmative, please provide the
following information:
A The name and address of any such person or entity;
B A description of the property being held for you;
The conditions under which the property is being held;
The approximate value of the property;
The date on which this trust or other interest was established.
Gorrie, JOHNSTON, 30. Do you have any personal property belonging to you or any other individual being
BEAM & Dat Ponte, PLL stored in a storage facility of any kind.
Attorneys At Law
Legal Arts Building
320 Main Street
ANSWER:
P.O. Box 190
Zanesville, Ohio
43702-0190
(740) 452-7555
Fax (740) 480-1664
www.ZanesvilleLaw.com
If your answer to ‘this Interrogatory is in the affirmative, please provide the
following information:
A The name and address of any such storage facility;
B. A complete inventory of the contents in said storage facility;
C. The approximate value of said property.
”~
Respectfully su ed;
iles D. Fries (0016415)
Attorney for Plaintiff
GOTTLIEB, JOHNSTON, BEAM
& DAL PONTE, P.L.L.
320 Main Street, P.O. Box 190
Zanesville, Ohio ,43702-0190
Telephone: (740) 452-7555
Facsimile: (740) 480-1664
CERTIFICATE OF SERVICE
The undersigned hereby certifies a true copy of the foregoing was served upon Brian
Benbow, Attorney for Defendant, via email and regular U.S. mail, posta ge prepaid this
Gortues, JOHNSTON, oday of May 2023.
Beam & Dat Ponte, PLL
Attorneys At Law
Legal Arts Building
320 Main Street
P.O. Box 190
Zanesville, Ohio Iles D. Fries (0016415)
43702-0190 Attorney for Plaintiff
(740) 452-7555
FAX (740} 480-1664
www.Zanesvillelaw.com
VERIFICATION
|, ANDREW ROBBINS being first duly cautioned and sworn, state that | have
reviewed the foregoing and believe the statements set forth therein to be true and correct
to the best of my knowledge and belief.
ANDREW ROBBINS
STATE OF OHIO
ss
COUNTY OF
Sworn to and subscribed before me this day of 2023 a
Notary Public for the State of Ohio County of
NOTARY PUBLIC} STATE OF OHIO
Gortues, JOHNSTEN,
Beam & Dat Ponte, PLL
Attorneys At Law
Legal Arts Building
320 Main Street
P.O. Box 190
Zanesville, Ohio
43702-0190
(740) 452-7555
FAX (740) 480-1664
www.ZanesvilleLaw.com
IN THE COMMON PLEAS COURT, MUSKINGUM COUNTY, OHIO
DOMESTIC RELATIONS DIVISION
EMILY NICOLE ROBBINS ) CASE NUMBER DA2023-0111
PLAINTIFF
) JUDGE KALIS
v ) MAGISTRATE WILLIAMS
)
ANDREW CHASE ROBBINS )
DEFENDANT )
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT
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Co; FE ‘ion PULen MUSK ine Ung EA 5 Coun, 43 gy , £0, OHIG MH x 1 VE] Koy CLEPSi WERS IN THE COMMON PLEAS COURT, MUSKINGUM COUNTY, OHIO DOMESTIC RELATIONS DIVISION EMILY NICOLE ROBBINS CASE NUMBER DA2023-0111 PLAINTIFF JUDGE KALIS Vv MAGISTRATE WILLIAMS ANDREW CHASE ROBBINS MOTION TO COMPEL DEFENDANT Now comes Plaintiff, by and through counsel, and pursuant to Rule 37 of the Ohio Rules of Civil Procedure moves this Court for an order compelling Defendant to respond to discovery. As grounds for this motion, Plaintiff asserts that she served Defendant's counsel with Interrogatories and a Request for Production of Documents on May 10, 2023, copies of which are attached hereto as Exhibit A. Further, counsel for the Defendant sent an email to Plaintiff's counsel, on June 28, 2023 requesting discovery responses which is attached hereto as Exhibit B, as required by Civil Rule 37. To date, no response has been forthcoming. In consideration of the foregoing, Plaintiff respectfully requests that the Court issue an order compelling Defendant to respond to discovery by a date certain. Respectfull MI iles Fries (0016415) Attorney for Plaintiff GOTTLIEB, JOHNSTON, BEAM & DAL PONTE, P.L.L. GOTTLIEB, JOHNSTON, 320 Main Street, P.O. Box 190 Beam & Dat Ponte, PLL Zanesville, Ohio 43702-0190 Attorneys At Law Telephone: (740) 452-7555 Legal Arts Building Facsimile: (740) 480-1664 320 Main Street P.O. Box 180 Zanesville, Ohio 43702-0190 (740) 452-7555, FAX (740) 480-1664 www.ZanesvilleLaw.com Coy AED esee mes, CouRr 23 ngy 13 Pa CERTIFICATE OF SERVIC! HERD The undersigned hereby certifies a true copy of the peeone was eG juper Brian_—- Benbow, Attorney for Defendant, via email, this GK ‘dayof Ni r2 Miles D. Fries (0016415) Attorney for Plaintiff Gormuiee, JOHNSTON, Bean & Dat Ponte, PLL Attorneys At Law Legal Arts Building 320 Main Street P.O, Box 190 Zanesville, Ohio 43702-0190 (740) 452-7555 FAX (740) 480-1664 www,ZanesvilleLaw.com Lori Suttles 1 Ee From: Lori Shook Sent: Wednesday, May 10, 2023 10:46 AM To: Brian W. Benbow; brian benbow 1 Subject: Robbins v Robbins Attachments: 2023-5-10 Counse| Letter.PDF; 2023-5-10 Interrogatories.docx; 2023-5-10 POD.decx Attorney Benbow, Please see the attached correspondence from Attorney Fries regarding the above matter. Thank you. Lori Ut. Shook Paralegal to Attorney Miles Fries Gottlieb, Johnston, Beam and Dal Ponte 320 Main Street P.O. Box 190 Zanesille, OH 43702-0190 Shook.lori@zanesvillelaw.com Direct line — 740-450-6924 1 GOTTLIEB, JOHNSTON, BEAM & DAL PONTE ou: ' ' are LEGAL ARTS BUILDING Mites D. Fries 320 MAIN ST PO Boxl190 fries.miles@zanesvillelaw.com ZANESVILLE, OH 43702-0190 Direct Diat: 740.450.6904 nh TeL. 740.452.7555 It Pho Py Fax 740.480.1664 !1 cea [Taare EFS WWW.ZANESVILLELAW.COM May 10, 2023 Via email And by regular U.S, mail Brian Benbow 265 Sunrise Center Drive Zanesville, OH 43701 Re Robbins v Robbins Dear Brian, Along with this letter you will find Plaintiff's First Set of Interrogatories and First Request for Production of Documents. These are being served upon you both electronically and by regular U.S. mail Yours tr Miles,D.-Fries MDF/Ims Enclosure | FOUNDED 1962 Hanoto E. Gorruies (1913-1999) * Ross L, JoRNSTON (1915-2006) * J. RogEAT BEAM (1936-2014) Dow A. DAL Ponte * Mites D. FRieS + JAMES R. KRISCHAK (RETIRED) * DONALD A. WIETMARSCHEN » MARK E. Kaipo « SUSAN MONTGOMERY MCDONALD * PAUL R. SCHERBEL * RANDALL H. Peopicoao (RETIRED) * AARICA D, BURWELL Keuty L. BRATTON * ZACHARY D. TABLER * WAYNE W, PHILLIPS, II {OF COUNSEL) * PHILIP S. PHILLIPS (oF COUNSEL) ‘I I IN COMMON PLEAS COURT, MUSKINGUM COUNTY, OHIO -DOMESTIC RELATIONS DIVISION EMILY NICOLE ROBBINS ) CASE NUMBER DA2023-0111 PLAINTIFF ) JUDGE KALIS Vv ) MAGISTRATE WILLIAMS ) ANDREW CHASE ROBBINS ) DEFENDANT ) NOTICE E CE Now comes Plaintiff, by and through counsel, and does hereby notify this Court that Plaintiff's First Set of Interrogatories and First Request for Production of Documents has been prepaid this } served upon Briai Benbow, Attorney for Defendant, via email and by regular U.S. mail, postage {e. it day of May 2023, 1" Respectfully. s! 3 EE Miles D. Fries (0016415) Attorney for Plaintiff GOTTLIEB, JOHNSTON, BEAM & DAL PONTE, P.L.L. 320 Main Street, P.O. Box 190 Zanesville, Ohig 43702-0190 Pranaes Telephone: (740) 452-7555 DE Facsimile: (740) 480-1664 fsvatarale [i CERTIFICATE OF SERVICE Gormues, JOHNSTON, " Bean & DAL Ponte, PLL The undersigned hereby certifies a true copy of the fore; goin, yas served upon Brian Attorneys At Law +, Benbow, Attorney for Defendant, via email and by regu tage prepaid, Legal Arts Building this day of May 2023. 320 Main Street P.O. Box 190 Zanesville, Ohio 43702-0190 iles D. Fi (0016415) (740) 452-7555 Attorney for Plaintiff. 1 FAX (740) 480-1664 : www.ZanesvilleLaw.com il 1 1 IN THE COMMON PLEAS COURT, MUSKINGUM COUNTY, OHIO DOMESTIC RELATIONS DIVISION 1 EMILY NICOLE ROBBINS ) CASE NUMBER DA2023-011. PLAINTIFF ) JUDGE KALIS v ) MAGISTRATE WILLIAMS ) ANDREW CHASE ROBBINS ) DEFENDANT ) LA! 'S FIRST SET OF INTERROGATORIES PROPOUNDED TO THE DEFENDANT The following Interrogatories are submitted herewith to you to be answered in writing, under oath, twenty- eight (28) days after the date of service thereof upon you. INSTRUCTIONS FOR ANSWERING: All information is to be divulged that is in your possession or control or within the possession or contrel of your attorney, agents, or other representatives of you Where an Interrogatory calls for an answer in more than one part, each part should be separate jn the answer so that the answer is clearly understandable. You are reminded that all answers must be made separately and fully and that any incomplete or evasive answers are a failure to answer. ‘ or | OGATORIES State your full name, date of birth, and Social Security Number, GOTTuEB, JOHNSTON, ANSWER Bean & Dat Ponte, PLL Attorneys At Law Legal Arts Building 320 Main Street P.O. Box 290 Zanesville, Ohio State the name and. address of each individual assisting in providing the answers 43702-0190 | to these Interrogatories. (740) 452-7555 FAX (740) 480-1664 | www.ZanesvilleLaw.com | " ANSWER: State the name andjaddress of each bank, savings and loan, or other financial institution in which you now have an account of any kind. ANSWER: For each account listed in your answer to this Interrogatory, please provide the following information: 4. The names on the account; B The type of ccount, L.e., savings, checking, or other; The date th account was opened; The account/number; The present balance; Highest balance that you have had since the account was opened. Please state the name and address of each bank, savings and loan, or other financial institution|in which you have had any accounts which has been closed Gorrues, JOHNSTON, within the last five years. Beaw & DAL Ponte, PLL Attorneys At Law ANSWER: LegalArts Building 320 Main Street P.O. Box 190, Zanesville, Ohio 43702-0190 (740) 452-7555 FAX (740) 480-1664 www.ZanesvilleLaw.com 4 For each account listed in your answer to this Interrogatory, please provide the following information: A The names that were on the account; B. The type of account; The date the account was opened; The account number; , The date the account was closed; The balancejin the account on the date it was closed. Do you have any safe deposit boxes, vaults, safes, or other places of deposit or safekeeping, ANSWER: If your answer to this Interrogatory is in the affirmative, please provide the following information: 1' The name and address of each individual listed in the records pertaining to such safel deposit box, vault, or other place of safe keeping; GOTTUES, JOHNSTON, Beam & Dat Ponte, PLL The numberjor other means of identification; Attorneys At Law Legal Arts Building The name and address of the entity at which such place of safekeeping is 320 Main Street P.O. Box 190 maintained; ' Zanesville, Chio 43702-0190 The items that have been deposited in said place of safekeeping; (740) 452-7555 1 FAX (740) 480-1664 www.ZanesvilleLaw.com | f1 u E Items removed from said place of safekeeping, if any have been removed. Have you had any safe deposit boxes, vaults, safes, or other places of safe keeping that are not listed in your answer to Interrogatory No. 5. If your answer to this Interrogatory is in the affirmative, please provide all of the information requested in Interrdgatory No. 5 as it pertains to the time that said place of safe keeping was still in existence. Please indicate when each such place of safe keeping listed in your answer to this Interrogatory was closed or terminated, the items deposited, and their disposition. ANSWER: Do you now own any interest in real estate. ANSWER: If your answer to this Interrogatory is in the affirmative, please provide the following information for each parcel of real estate owned: A Address; B, Description; Date and method of acquisition; GOTTLIER, JOHNSTON, Beam & Dat Ponte, PLL Source of funds for the acquisition; Attorneys At Law Legal Arts Bullding 320 Main Street Present outstanding mortgage balance, if any. P.O, Box 190 \ Zanesville, Chlo 43702-0190 " {240} 452-7555, FAX (740) 480-1664 www Zanesvilelaw.com 8 Have you owned any real estate, during the course of this marriage, other than real Estate described in response to the foregoing Interrogatory. ANSWER: If so, please provideythe following information: Address; Description; Method of acquisition; Source of funds for acquisition; Date of acquisition; Date of sale or other disposition; Consideration received for sale or other disposition; Disposition of proceeds from sale. GOrTues, JOHNSTON, Do you own any automobiles or other motor vehicles. Bea & Dat Ponte, PLL Attorneys At Law ANSWER: Legal Arts Building 320 Main Street P.O. Box 190 Zanesville, Ohio 43702-0190 (740) 452-7555 FAX (740) 480-1654 www.ZanesvilleLaw.com " If your answer to this Interrogatory is in the affirmative, please provide the following information: A The year, make, model, and license number; B The name and address of the registered owner; The date of purchase; The purchase price; The present value; | The present lien or indebtedness, if any. 10 Do you presently own or have any interest in any life insurance or annuity policy. ANSWER: lf your answer to this Interrogatory is in the affirmative, please provide the following information. ' A. The name and address of the insurance company; B The policy number; Gortues, JOHNSTON, The type of policy, i.e. term, whole life, universal life, ‘etc.; Bean & Dat Ponte, PLL Attorneys At Law 1 The date of issuance; Legal Arts Bullding 320 Main Street P.O. Box 190 The face amount or death benefit of said property; Zanesville, Ohio 43702-0190 Cash value, if any; (740) 452-7555 FAX (740) 480-1664. | I wyew.ZanesvilleLaw.com "I G Name and address of each beneficiary; H. The date of any change of beneficiary, if there has been a change since the policy was acquired. a1 Have you had any interest in any life insurance or annuity policy that has been | cancelled, for any reason, during your marriage? | | ANSWER: : | If your answer to this Interrogatory is in the affirmative, please provide the following information: 1 t " A. The name and address of the company; ‘ B. The policy number. ' The type of policy, i.e. term, whole life, universal life, annuity, etc. Date of issua nee; The face amount or death benefit of said policy; Cash value, ifjany, at the time of cancellation; Gortues, JOHNSTON, Disposition of cash value; Bean & Dat Ponte, PLL Attorneys At Law Name and address of any beneficiary; Legal Arts Bullding 320 Main Street P.O, Box 190 Reason for cancellation. Zanesville, Ohio 43702-0190 (740) 452-7555 FAX (740) 480-1664 www.ZanesvilleLaw.com 12 Do you have a pengion or retirement plan through your present or any former employer. I , ANSWER: | If your answer to this Interrogatory is in the affirmative, please provide the following information: A The name and address of the Plan Administrator; B. The name or description of the plan or fund; C. The present balance or value of your interest in said plan or fund. ‘ 1 13 Please provide the name of each and every individual or entity by whom you have been employed during the course of your marriage. For each employer so listed, please provide the following information: ANSWER: Name; Address; !' GOTTLIE8, JOHNSTON, ‘ Beam & Dat Ponte, PLL Inclusive dates of employment; Attorneys At Law Legal Arts Building 320 Main Street Immediate supervisor; P.O. Box 190 Zanesville, Ohio Job description and/or duties; 43702-0190 (740) 452-7555, Reason for leaving; FAX (740) 480-1664 www.ZanesvilleLaw.com ‘| G Entitlement to receive a pension or retirement benefit. | 14, Do you now have any investment accounts with any investment, brokerage, or similar firm, with any individual or entity. ‘ ANSWER: ' If your answer to this Interrogatory is in the affirmative, please provide the following information: A The name and address of the entity where the fund is located; B The account humber; The date the account was opened; The initial balance or value of the account; | The present balance or value of the account; The type of account; The nature of the funds or investments in said account. GarTuce, JOHNSTON, | Bean & Dat Ponte, PLL Attorneys At Law 1 Legal Arts Guilding 320 Main Street 15. Do you own any stocks, bonds, mutual funds or other securities not contained within the accounts or funds listed in your answer to the foregoing Interrogatory. P.O, Box 190 Zanesville, Ohio 43702-0180 ANSWER: (740) 452-7555 FAX (740) 480-1664 www. ZanesvilleLaw.com i u Il d If your answer to this Interrogatory is in the affirmative, please identify all such stocks, bonds, and/or other securities and provide the following information: A The name of each stock, bond, or security; B The number of shares or other investment units: ' The date of acquisition; The present value. ' ' 16 In follow up to Interrogatories number 14 and 15, please indicate Whether or not you have had any stocks, bonds, mutual funds, securities, ‘or any accounts with any investment, brokerage, or similar firm at any time during your marriage that you no longer own. ‘i ANSWER, 1' If your answer to this Interrogatory is in the affirmative, please provide the following information: A The nature and identity of any such investment that was owned: B The date any such account or investment was cancelled or transferred: The name an d address of the entity in which the account existed and/or GOTTLES, JOHNSTON, I the custodian of any such investments; Bean & DAL PONTE, PLL Attorneys At Law The value of ‘any such investment or fund at the time the account was Legal Arts Building 320 Main Street closed or transferred; \ ' P.O. Box 190 ' Zanesville, Ohlo The disposition of any such investment or fund 43702-0290 ' {740} 452-7555 " FAX (740) 480-1664 www. Zanesvillelaw.com 17. Do you contend that'any property that you have an interest in, whether it be real, personal, tangible, or intangible, is premarital or otherwise separate property. ' 1 ANSWER: | | If your answer to this Interrogatory is in the affirmative, please provide the following: : I A The identity of said property; B. The reason or reasons that you believe each such item of property is premarital or otherwise separate; The date such property was acquired; The manner ih which such property was acquired; The source of funds for the acquisition of this property; The name and address of each individual that you contend can support your allegation that said property is premarital or otherwise separate. 18 State the name and address of each corporation in which you have any interest and for each corporation so listed please provide the following information: ANSWER: GOTTuies, JOHNSTON, Beam & Dat Ponte, PLL Attorneys At Law Legal Arts Building The type of corporation; 320 Main Steet P.O. Box 190 Zanesville, Ohio The date that you acquired your ownership interest in said corporation; 43702-0190 (740) 452-7555 FAX (740] 480-1664 wwnw.ZanesvilleLaw.com The manner in which you acquired your ownership interest in said corporation; The interest that you acquired as of that initial date in said corporation, ie., percentage of stock: The amount or nature of consideration paid to acquire your interest in the corporation;+ The date or,dates upon which you acquired further interests in the corporation, if applicable; The present ownership interest that you have in said corporation, i.e., percentage of stock or number of shares of stock The name and address of all other corporate stockholders; Whether you are an officer in said corporation and, if so, your title; Whether there is a buy/sell agreement that you have signed: The date on which the buy/sell agreement was signed The name and address of the individual that has the following corporate records: Articles of Incorporation, Bylaws, and Minute Books. 19 Have you been a stockholder in any corporations other than those listed in your response to Interrogatory Number 18, above, that you no longer own any interest in. If the answer to this Interrogatory Is in the affirmative, please state when you GOTUIEB, JOHNSTON, relinquished your ownership interest in the stock of that corporation, the reason Bea & Dat Ponte, PLL that you did so, the consideration received, to whom you relinquished that Attorneys At Law interest, and also provide all of the other information set forth i in the various sub- Legal Arts Building 320 Main Street parts of the previous interrogatory. P.O, Box 190 Zanesville, Ohio ANSWER: 43702-0190, (740) 452-7555 FAX (740) 480-1664 " www.zanesvilleLaw.com 20. Have you, within the last three years, sold, assigned, transferred, or otherwise given away any asset of any kind, be it real, personal, tangible, or intangible and whether you considered it to be marital or separate property. ANSWER: If your answer to this Interrogatory is in the affirmative, please provide the following information: 1 A The identity of such property; ' B The nature of the disposition, i.e. sale, transfer, gift, or otherwise; The date such property was sold, given away, or tranéferred; If not a gift, the amount and nature ofconsideration; The name and address of the individual or entity receiving each item; The disposition of the funds or other consideration received. | , 4 21. State the name and address of each creditor that you have,,including but not limited to banks, credit card companies, mortgage companies or other credit GOrtuies, JOHNSTON, Beam & Dat Ponte, PLL institutions In which you now have an account of any kind. Attorneys At Law Legal Arts Building 320 Main Street P.C. Box 190 ANSWER: Zanesville, Ohlo 43702-0190 (740) 452-7585 FAX (740) 480-1664 www ZanesvilleLaw.com n . For each account listed in your answer to this Interrogatory, please provide the following information: A The names on the account; B The type of account, i.e., mortgage, vehicle loan, retirement loan, credit card, revolving charge, student loan, or other; The collateral; - The date the account was opened; The account number; The present balance; The highest balance. 22. State the name and address of each lay witness that you intend to call at the time of trial. For each witness listed please identify the general nature of the testimony that you anticipate that witness will give. ANSWER: Please state the name and address of each expert witness that you intend to call GOTTLIEB, JOHNSTON, at the time of trial. For each expert listed, please state the subject matter upon Beau & Dal Ponte, FLL which you expect that expert to testify. Attorneys At Law Legal Arts Building 320 Main Street ANSWER: P.O. Box 190 Zanesville, Chio 43702-0150 {740} 452-7555 FAX (740) 480-1664 www.ZanesvilleLaw.com " 24, Do you own any property that you have not identified in your answer to any of the foregoing Interrogatories. ANSWER: If your answer to this Interrogatory is in the affirmative, please provide the following information: A A description of the property; B The present location; The fair market value of the property; The date of acquisition of said property; The consideration for the acquisition of said property; i 25 Have you had sexual relations with any individual, other than your spouse, during this marriage? 1' ANSWER: If your answer to this Interrogatory is in the affirmative, please provide the GOTTUEB, JOHNSTON, following information: Beam & Da Ponte, PLL ' Attorneys At Law ul A The name and address of each individual with whom you have had sexual Legal Arts Building u relations; 320 Main Street P.O. Box 190 Zanesville, Ohio The date of each such encounter; 43702-0150 (740) 452-7555, The location of each such encounter; FAX (740) 480-1564 www.ZanesvilleLaw.com 26. Please state the name of your immediate supervisor at your place of employment and the name of each immediate supervisor that you have had at your place of employment for the last year. ANSWER: 27 Please provide your current rate of compensation from your place of employment. If you work overtime, please indicate the regularity or frequency of said overtime, the rate of compensation for said overtime, and also whether or not overtime is offered to you that you have turned down within the last six months. Please also attach to these Interrogatories copies of your last four pay stubs with year to date earnings figures. ANSWER: 28. Do you have an interest in any individual retirement account, 401(k) or other type of retirement account not referred to in your answers to any of the foregoing Interrogatories. ANSWER: Gortues, JOHNSTON, Bean & DAL Ponte, PLL Attorneys At Law If your answer to this Interrogatory is in the affirmative, please provide the Legal Arts Building 320 Main Street following information: P.O. Box 190 Zanesville, Ohio A The date such account was established; 43702-0190 (740) 452-7555, B The name and address of the custodian of said account; FAX (740) 480-1664 ' ' www ZanesvilleLaw.com C. The name and address of the financial institution in which said account is held; if different than the answer to sub-section B; D The value of your interest in the account. 29. Is any property, real, personal, tangible, or intangible, being held by any individual for your benefit, in trust or otherwise. ANSWER: If your answer to this Interrogatory ts in the affirmative, please provide the following information: A The name and address of any such person or entity; B A description of the property being held for you; The conditions under which the property is being held; The approximate value of the property; The date on which this trust or other interest was established. Gorrie, JOHNSTON, 30. Do you have any personal property belonging to you or any other individual being BEAM & Dat Ponte, PLL stored in a storage facility of any kind. Attorneys At Law Legal Arts Building 320 Main Street ANSWER: P.O. Box 190 Zanesville, Ohio 43702-0190 (740) 452-7555 Fax (740) 480-1664 www.ZanesvilleLaw.com If your answer to ‘this Interrogatory is in the affirmative, please provide the following information: A The name and address of any such storage facility; B. A complete inventory of the contents in said storage facility; C. The approximate value of said property. ”~ Respectfully su ed; iles D. Fries (0016415) Attorney for Plaintiff GOTTLIEB, JOHNSTON, BEAM & DAL PONTE, P.L.L. 320 Main Street, P.O. Box 190 Zanesville, Ohio ,43702-0190 Telephone: (740) 452-7555 Facsimile: (740) 480-1664 CERTIFICATE OF SERVICE The undersigned hereby certifies a true copy of the foregoing was served upon Brian Benbow, Attorney for Defendant, via email and regular U.S. mail, posta ge prepaid this Gortues, JOHNSTON, oday of May 2023. Beam & Dat Ponte, PLL Attorneys At Law Legal Arts Building 320 Main Street P.O. Box 190 Zanesville, Ohio Iles D. Fries (0016415) 43702-0190 Attorney for Plaintiff (740) 452-7555 FAX (740} 480-1664 www.Zanesvillelaw.com VERIFICATION |, ANDREW ROBBINS being first duly cautioned and sworn, state that | have reviewed the foregoing and believe the statements set forth therein to be true and correct to the best of my knowledge and belief. ANDREW ROBBINS STATE OF OHIO ss COUNTY OF Sworn to and subscribed before me this day of 2023 a Notary Public for the State of Ohio County of NOTARY PUBLIC} STATE OF OHIO Gortues, JOHNSTEN, Beam & Dat Ponte, PLL Attorneys At Law Legal Arts Building 320 Main Street P.O. Box 190 Zanesville, Ohio 43702-0190 (740) 452-7555 FAX (740) 480-1664 www.ZanesvilleLaw.com IN THE COMMON PLEAS COURT, MUSKINGUM COUNTY, OHIO DOMESTIC RELATIONS DIVISION EMILY NICOLE ROBBINS ) CASE NUMBER DA2023-0111 PLAINTIFF ) JUDGE KALIS v ) MAGISTRATE WILLIAMS ) ANDREW CHASE ROBBINS ) DEFENDANT ) PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT