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COURT OF COMMON PLEArWL"J/a~JOJu-rans ( )

DOMESTIC RELATIONS DIVIS~/a:JJO~U3
S!!\ ( )
. HAMILTON COUNTY, OHIO . 'lSnO ~O'54~ ( :).

"'1 J.( I)

33H83G lSOd t). 3<3H03a.-~

MELISSA HENDON DETERS

CASE NO.'DR1302234

..

Plaintiff

JUDGE LEWIS
VS.
JOESPH THEODORE DETERS

MOTION FOR CONTEMPT

Defendant

-'.-

Now comes Defendant and pursuant to Civil Rule 37(A) states as foJlows:'\\

1.
Interrogatories

By agreement with Defendant's

vJ

counsel, Defendant was served with

fr\

\J

and Request for Production of Documents dnd this Court's mandato~isclo3We

o
order on November 22, 2013 by a process server (See 11/22/13

email from Gregory L. Adamf,

proof of service, and Mandatory Disclosure Order attached hereto as Exhibit A).
2.

Plaintiffs

Request for Production of Documents included virtually all of the

information required by the Mandatory Disclosure Order.

3.

During the December

16,2013 meeting with the Court, Defendant's

counsel

indicated that his client would have documents by the end of the year.
4.
interrogatories

Defendant provided what Plaintiff would loosely refer to as a response to the

on December 20,2013.

Defendant essentially failed to provide any documents

responsive to Plaintiff's requests.

5.

On January 8, 2014, counsel for Defendant sent a letter to counsel for

Plaintiff detailing deficiencies

in their responses (see 1/8/14

letter attached hereto as Exhibit B).

l.1.

6.

On approximately January 17,2014, Plaintiff informed Defendant via text

.~

message that he intended to have the bulk of his responses to discovery by the end of the next
week (see a copy of the text message attached hereto as Exhibit C).
7.

On January 28, 2014, Defendant's counsel informed Plaintiffs

counsel via email

that he was meeting with his client that week and would thereafter provide an update to their
discovery responses (see 1128/14 email from Gregory L. Adams attached hereto as Exhibit D).
8.

As of the date of this motion, Defendant has failed to comply with the Court's

mandatory disclosure order.

WHEREFORE, Plaintiff moves for an Order from the Court finding Defendant in
contempt, requiring him to immediately provide the required documents; grant Plaintiff attorney
fees and costs incurred in bringing this action; and for all other relief that is just and equitable.

i.~=

~d/b.#

~oskowitz
& M'o~witz,
LLC
James H. Moskowitz #006419D
Attorney for Plaintiff
2900 Carew Tower
441 Vine Street
Cincinnati, Ohio 45202

(513) pI-3111
(513) 721-3077 fax
j im@moskowitzJegal.com

NOTICE OF HEARING
Please take notice that the forgoing matter will be heard before Judge Lewis on the __
day of

)0 \)

2014 from

. m. to

.m. in Room

----

of the Hamilton

County Court of Domestic Relations, 800 Broadway, Cincinnati, Ohio 45202.

d""#L4/1~

:LC?

~6skowifi
& Mo~kowitz,
VJames
H. Moskowitz #0064190
Attorney for Plaintiff

CERTIFJCA TE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing motion for contempt was
served upon Gregory L. Adams, Attorney for Defendant, by email this 3rd day of February, 2014
and on the Defendant through the Clerk of Courts via certified mail.

/l1

V
.

skowitz & Moskowi' z, L

James H. Moskowitz #00641 ~.
Attorney for Plaintiff

James H. Moskowitz
From:

Sent:
To:

Subject:

James H. Moskowitz
Friday,November 22, 2013 11:19 AM
'gadams@croswelladams.com'
RE: Deters

The papers were picked up by LegalTenders and willbe deliveredto your officeshortly.
From:

Greg Adams [mailto:gadams@croswelladams.com]

Sent: Friday,November 22,2013 11:17 AM

To:

James H. Moskowitz

Subject: Deters

Jim,
This willconfirmmy willingnessto accept serviceofthe divorcepapers on Joe's behalf.
Greg

Gregory L. Adams

Croswell & Adams Co., L.P.A.

1208 Sycamore Street
aide Sycamore Square
Cincinnati, Ohio 45202

Phone: 513-241-5670
Fax: 5\3-929-3473
gadams(a)croswelladams.com
www.crosweJladams.com

The information contained in this electronic message is protected by attorney-client

privilege and/or the work pr'oduct doctrine.
It is intended for the use of the individual
and/or entity named above and the privileges are not waived by virtue of this having been
sent electronically.
If the person actually receiving this communication is not the intended
recipient or employee or agent responsible for delivering it to the intended recipient) any
use) dissemination) distrib~tionJ or copying of this communication in error is strictly
prohibited.

IN THE COURT OF COMMON PLEAS

DOMESTIC RELATIONS DIVISION
HAMILTON COUNTY, OHIO

MELISSA HENDON DETERS,

Plaintiff,

Case No.

DR1302234

Judge:

vs.
JOSEPH THEODORE DETERS,
Defendant.

PROOF OF SERVICE OF A
SUMMONS, COMPLAINT AND
ALL SUPPORTING PAPERWORK
ON JOSEPH THEODORE DETERS~

~ '1

;:::;~,....-;
r,
~

__

r-~.::o

c;::,

r.-:::
- -0:::'
This notice is given that the service of a Summons, Complaint, Motion and AffidavitJor

-.

rn

-.,

(")$;"'"

o-

Temporary Parenting Orders, Affidavit in Compliance with 3127.23, Grou~althP

~21

__

.;(':--.::J;"

r-

-;~r-

Insurance Affidavit, Affidavit of Income and Expenses, Mandatory Disclosure Order,

;-0';]

Administrative Temporary Restraining Order, Order to Attend Initial Case Management

r:

.::0 Po

!E~(")

Conference, Property Statement, Plaintiffs First Set of Interrogatories and CD for

Plaintiffs First Set of Interrogatories on JOSEPH THEODORE DETERS was perfected
by Jennifer Vach, who is a person not less than eighteen years of age and is not a party
in the above litigation, on November 22, 2013 by personally giving a true copy of each

from hand to hand to JOSEPH THEODORE DETERS VIA HIS ATTORNEY GREG
ADAMS(CINDY

VINEYARD) at their place of business 1208 Sycamore Avenue,

Cincinnati, Ohio 45202.

e nifer Vach
Special Proce s Server
legal Tenders of Ohio
5 McCormick Trail
Cincinnati, Ohio 45150
(513) 624-0110

COURT OF COMMON PLEAS

DIVISION OF DOMESTIC
RELATIONS
HAMILTON
COUNTY,
OHIO
RE: MANDATORY

DISCLOSURE

DR1302234

Case No. M-090004

PURSUANT

TO LOCAL RULE 1.26

ADMINISTRATIVE

PURSUANT

TO LOCAL RULE 1.26 fT IS HEREBY ORDERED

JUDGE'S ORDER

AS FOLLOWS;

Within 45 days of an), Complaint

for Divorce, Legal Separation
or Annulment tiled with this Court and being served 00
the defendant. each party shall disclose to the other ail of the following information and documents that is in his or her custody,
possession or control:
(l)
Deeds to a1\ real estate that the party owns or claims an interest;
(2)
Titles to all vehicles that the party owns or claims an interest;
(3)
The most recently issued statements on all bank accounts, annuities, stocks, and bonds on which the party's
name appears or to which the party claims an interest;
(4)
The most recently issued statements regarding pensions, profit sharing plans, retirement benefits, and IRAs,
including the most recent summary plan description, on which the party's name appears or 10 which the party
claims an interest;
S
..
n
(5)
All life insurance policies owned by the party or for which the party or their childtren) is/are a CiiQcticinry-i~
force now or within the last six months, including the most recent cash value stntcme~
S:~ ~
(6)
The lest three years' income lax returns;
..c
~~..;: -<
(7)
Proof of current income from all sources;
.
(&)
Health, dental, and vision insurance coverage available to the party along with ALL plm
;2 n Z
options and costs (i.e, single, family, etc.);
(9)
All COBRA benefits to which either party may be entitled, including cost
CJ.;;
estimates;
o(/};o
&:
(10)
Childcare expenses incurred for the child(rcn);
(g
::t:
(J I)
The most recently issued statements for all liabilities includ ing, but not limited to,
mortgages, lines of credit, loans, and credit card accounts on which the party's name appears or
for which a party is responsible;
(12)
Completed Property Statement (Form No. DR 4.1);
(13)
Completed Affidavit of Income, Expenses & Financial Disclosure (Form No. DR 7.3).
The disclosures required herein shall be made by providing copies of documents in one of the following manners:
(l)
Electronic e-rnail to the other party's attorney;
(2)
Facsimile to the other party's attorney;
(3)
Mail to the other party's attorney; or
(4)
Hand delivery to the other party's attorney.
If a party is unrepresented,
this disclosure shall be as provided herein to the party.

~~~
~:::;,;
z:~p

=<~rrl

FOR GOOD CAUSE SHOWN, A MOTION OR AN AGREED ENTRY MA Y 8E FILED TO MODlf.Y THE
MANDATORY DISCLOSURE ORDER OR TO EXTEND
TIME TO DISCLOSE THE FOREGOING INFORMATION
AND DOCUMENTS.
)NS,
FAll..URE TO COMPLY WITH THE MANDATORY DISCLOSURE ORC'
INCLUDTNG, BUT NOT LfMITED TO, THE FOLLOWING:

rns

(I)

A FINDING OF CONTEMPT;

(2)
(3)

A WAR D OF ATTORNEY
DISMISSAL Of CLAIMS;

(4)

RESTRICTIONS

FEES;
ANt)

UPON THE SUBMlSSION OF EVIDENCE.

This Order is effective the dale it is journalized

Administrative Judge.

with the

I 'rk of Courts and remains in effect until further Order of the

~b.L~~~~L------IW-N~
Susan ake olberi, Administrative
Hamilton County Court of Common
Division of Domestic Relations

DR 1.26

Judge
Pleas

E R ED
S[P 1 4 2009

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January 8.2014

Gregory L. Adams
Croswell & Adams
Olde Sycamore Square
1208 Sycamore Street
Cincinnati, Ohio <+5209
Re: Deters

Dear Greg:
Thank you for your client "response" to the First Set of Interrogatories and
Request for Production of Documents. The following is my attempt to resolve discovery
issues prior to filing a Motion to Compel:
1.
Please provide the complete account numbers listed in response to
interroqatory number 6. Further, for the Fifth Third checking account ending 585 please
'/f';rify the correct account number as your preliminary affidavit of property lists that
account as ending in 586.

2.
Please provide the complete account numbers for all debts listed in
response to interroqatory number 7.

J.
Please provide a response \0 interro.jatory number 20. I presume Mr.
08ters is aware of tile name l)f tlle institution holfJillg the mortqage and line of equity on
lhe home.

Please provide an answer to interrogatol'jiluillber

22.

5.

Ple;:lse provide an answer to interrogatory number 23. I find it hard to

[Jelieve that there is 110 agreement CIS to what percentage or amount Mr. Deters will
receive from the fees generated from the identified cases.

6.
Please explain whether it is your contention that your client is not able to
make a claim c1S to his separate property in response to interrogatory number 24.

7.
Please provide a response to request for production numbers
through 22.27 through 33, 35, 36. and 38 through 44,47, and 48.

1, 13. 17

I know for a fact that many of these requests have been outstanding
August, 2013. I would expect a prompt response.

since

V;l
/

truly yours,

.-

/I/(~vmfl/J()
JHM/jcg

James H. Moskowitz

text_O.txt
would you let him know that I hope to have the bulk of your discovery by the end of
next week and to stop threatening me ...it's hard to do when I'm sick in bed ...

Page 1

James H. Moskowitz
From:
Sent:
To:
Subject:

Greg Adams <gadams@croswelladams.com>

Tuesday,January 28,2014 2:53PM
James H. Moskowitz
Deters

Jim.
I'll be meeting with Joe later this week and updating

you thereafter.

Greg

Gregory L. Adams
Croswell & Adams Co., L.P.A.

1208 Sycamore Street

Olde Sycamore Square
Cincinnati, Ohio 45202
Phone: 513-24 I-5670
Fax: 513-929-3473
gadams(@,croswelladams.com
'vvww.croswe lladams.com

The information contained in this electronic message is protected by attorney-client

privilege and/or the work product doctrine. It is intended for the use of the individual
and/or entity named above and the privileges are not waived by virtue of this having been
sent electronically. If the person actually receiving this communication is notthe intended
recipient or employee or agent responsible for delivering it to the intended recipient, any
use) dissemination) distribution) or copying of this communication in error is strictly
prohibited.