?imotio TO LEAV.E TO REDACT

Transcription

1 IN THE SUPREME COURT OF OHIO ^ :'!,,'`^^,.^/^'hj^'.^it^ lrri,.s!'s '',"';r ' ' ; In re: SCO No. 20: Garv Michael Goins Attorney Reg. No ?iMOTIO TO LEAV.E TO REDACT Richard A. Dove ( ) Board of Commissioners on Grievances and Discipline 65 South Front Street, 5th Floor Columbus, Ohio (614) Gary Michael Goins ( ) 1015 West Hill Drive Gates Mills, Ohio 44040,......^H. ^:i t -..^, '_. rs.,.i"`sl:,sf ji,$`^ : > i '.'..,.. r. %' 's l1e:^ f ; ',%'.'Si^ s.ssf ^.ef1 "'; 1,f.

2 THE SUPREME COURT OF OHIO In Re: Gary Michael Goins. SCO Case No Registration No Gov. Bar R. V, Section 5 MOTION TO LEAVE TO REDACT The Board of Commissioners on Grievances and Discipline hereby moves to leave to redact the social security number containeci in the Notice to Obligor of Default and Potential Action filed with the Supreme Court on September 30, A redacted copy of the Notice is attached to this motion. Respectfully submitted, Itichard A. vc Secretary, Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio

3 ^*^-'"`^ --.: ^4. Job ^ c^.^^uly Ashtabula ACTS Job Source I Toll Free One Stop 'h: Ph: ax; Fax: Ashtabula County Department of Job & Family Services Patrick J. Arcaro, Executive Director 5ocialSenicesI Financia3lMedicalA.sst. Fraud;Elot-Line NursingHome Child Support Child Care Services Enforceznent Services Enforcement Ph: Ph: Ph: Ph: Ph: Fax: Fax: Fax: Fax: Fax: ^^ ^l"v'ed September 20, 2013 SEP BOARD OF COMMISSIONERS ON GRIEVANCES & DISCIPLINE The Supreme Court of Ohio Board of Commissioners on Grievances/Discipline 65 South Front Street, 5th Floor Colulnbus OH Re: Gary M. Goins Attomey Registration # Mr. Richard A Dove: This letter responds to your of August 5, 2013 in which you required the determination of Mr: Goins default in his child support. I have received a copy of the notification he received in January I have enclosed a copy of this notification along with a certified balance of arrears owed on this case. If you have any questions regarding this matter, I can be reached at my direct contact number of Si cerely, K& Michele Otto ACCSEA Service Representative 2924 Donahoe Drive, Ashtabula, OH T'o!I Free:

4 PHAS ACCOUNT SUMMARY 09/20/13 15:40 wmu004 M OTTO CASE #: CASE TYPE: NPMA ORDER #: 07JI294 I/R/N: N CPM HEATH LACAVA CHARLENE R ORIG EFF DATE: 12/01/2008 APF GOINS GARY M UNALLOC HOLDS ASSIGNED ARREARAGE: UNASSIGNED ARREARAGE: TOTAL ARREARAGE : TRAN S DATE 09/01/ /01/2013 ^ 07/01/2013 ^ 06/01/ /01/2013 ^ 04/01/2013 TOT MTH OBLIG ORDER STATL.jS : COMPLETE TOTAL BALANCE DUE: FUTURES: CURRENT MONTH DUE: CHK/EFT/EDISB --CQLLECTION-- ISSUANCE DISBURSED CORR PAY SRCE AMOUNT DATE AMOUNT TYP SRC DATE COR PF3=COLL PF4=DiSB PF5=PAY CORR PF19=FCPCH PF10=HIST RPT PF15=ENLD PFi7.-FCRS NEXT TRAN: PARMS: MORE... *** RETURN FROM RUNNING RECORD COMMENTS *** I HEREBY CERTIFY THE FOREGOING IS A T UE INSTRUNIENT ON FE 1 0 FG ERT% E

5 Ashtabula County CSEA iain Ave Ashtabula OH Telephone: Gary Goins Lake Ave, Apt 201 Cleveland OH Date: December 4, 2012 Ohio Department of Job and Family Services N tice±a^f?bpi^^^: Prop sed 3itto D ny, Withhoid, or Suspend Driver`s Lice9" You have been found by a court or child support enforcement agency (CSEA) to be in default under a child support order or you have failed to comply with a subpoena or warrant issued by a court or agency with respect to a proceeding to enforce a child support order. Your license is scheduled to be suspended on 12/ To prevent this action from occurring you must contact our office by 12/28/12 and speak with a representative to discuss possible ways to prevent this action. If you do not respond to this notice, notification will be made to the Bureau of Motor Vehicles (BMV) to suspend your license. If the BMV receives such a notice and determines that you are the individual named in the notice, all of the following will occur: The BMV will not issue any license to you and will not renew any license that you hold; The BMV will suspend any license that you hold; and The BMV will not issue any license to you, and will not reinstate a suspended license, until it receives a notice from the CSEA stating that you are no longer in default under a child support order, that you have complied with any subpoena that had been issued, or that any warrant that had been issued has been removed. Please be advised if the BMV denies, withholds, or suspends your license: + You will be responsible for any reinstatement fees owed to the Bureau of Motor Vehicles; = You may also see increases to your insurance premiums as a result of the suspension; Your employment may be adversely affected as a result of the suspension; Driving on a suspended license is not only illegal, but may result in additional traffic violations should you be pulled over. REMEMBER: If you contact our office by 12/28/12 you may be able to avoid the denial, withholding, or Ror A n of your license. J 4 ^h I #,,---.. / < - (!. ker r D ate JFS (TBD)

6 Ashtabula County CSEA 4332 Main Ave Ashtabula OH Telephone: 440/ Gary M Goins Lake Ave, #201 Cleveland OH Date: July 19, 2013 Ohio Department of Job and Family Services Notice to Obligor: Prop$^ivrrf^ Withhold, or Suspend Professional Licens^'^ _^. You have been found by a court or child support enforcement agency (CSEA) to be in default under a child support order or you have failed to comply with a subpoena or warrant issued a court or agency with respect to a proceeding to enforce a child support ordel,----^ /`..--..> Your Attorney license is schedf be suspended on August 2, To gre^ent this action from occurring you must contact our by August 1, 2013 and speak wj3la-a-representative to discuss possible ways to prevent this action. " If the licensing board receives such a notice and determines that you are the individual named in the notice, all of the following will occur: The board will not issue any license to you and will not renew any license that you hold; o The board will suspend any license that you hold; and + The board will not issue any license to you, and will not reinstate a suspended license, until the board receives a notice stating from the CSEA that you are no longer in default under a child support order, that you have complied with any subpoena that had been issued, or that any warrant that had been issued has been removed. Please be advised if your license pnvileges are denied, withheld, or suspended: You will be responsible for any reinstatement fees owed to the licensing agency; and Your employment may be adversely affected as a result of the suspension, REMEMBER: If you contact our office by August 1, 2013 you may be able to avoid the denial, withholding, or suspension of your license. E Worker Date JFS (TBD)

7 ASHTABULA COUNTY CSEA 2924 DONAHOE DR ASHTABULA OH (440) ASHTABULA COUNTY CSEA 2924 DONAHOE DR ASHTABULA OH Date: January 16, 2009 ^---- o,..^..^ +r.^.. ^... 4 ^ o ^.^..: a.._..,......^ ^ ^.r.. _..^...^ ^..^.,.^....^...,.s...^ ^.._ :^... ^.^ SEQ # JFS (Rev. 5/2005) ZZ PRINT SEQ Page 1 f 8

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9 ASHTABULA COUNTY CSEA 2924 DONAHOE DR ASHTABULA OH (440) GARY M GOINS 2963 MORLEY RD SHAKER HEIGHTS OH Date: January 16, 2009 NOTICE TO OBLIGOR OF DEFAULT AND POTENTIAL ACTION (Revised Code through ) Q a a.,. o^ ^ Obligor: GARY M GOINS Order Number: 07J1294 SSN: Obligee: CtiARLENE HEATH-LACAVA ^-..o.. PURPOSE OF THIS NOTICE As determined by the court or Ashtabula County Child Support Enforcement Agency (CSEA), you are in default of your support order. According to Section of the Ohio Revised Code, default is failure to pay an amount eqajat to or greater than one month's support. You will remain in default until your arrearage balance equals zero. As of 01/15/2009, the total amount of arrearage you owe is $2, Arrearage is the total of your unpaid support. IF YOU OWE CURRENT SUPPORT AND YOU FAIL TO PAY YOUR OBLtGAT1ON tn FULL AND ON TIME, ANY ARREARAGE ACCRUING DUE TO PAYMENTS MISSED AFTER THE DATE OF THIS NOTICE WILL BE ADDED TO YOUR ARREARAGE AND WILL BE SUBJECT TO COLLECTION WITHOUT FURTHER NOTICE. Upon a determination of default, the law requires the CSEA to immediately issue an income withholding or deduction notice that includes a payment on arrearages. If a payment on arrearage does not already exist, one will be added to your order. Pursuant to ORC 3123:21 the arrearage payment collected with each payment of current support shall equal at least twenty percent (20%) of the current support payment unless determined otherwise at an administrative or cvurt hearing. Collection will be as follows: For a Total of $76.50 per month $50.00 per month for child support N/A per month for spousal support N/A per month for medical support N/A per month for other support obligations $25.00 per month for arrearages $1.50 per month for processing charges EG? # FS (Rev ) ZZ PRINT 8E Page 3 of 8

10 Withholding may be imposed against income, including but not limited to, personal earnings, workers' compensation benefts, unemployment benefits, pensions, government benefits, insurance proceeds, lottery prize awards, lump sum payments and any other payments in money. A withholding or deduction notice will apply to all current and subsequent payors and financial institutions and will not be discontinued solely because the obligor pays any arrearage. The court or CSEA may issue one or more notices requiring withholding or deduction of wages or assets of the obligor, or one or more administrative or court orders imposing other appropriate enforcement actions. The withholding or deduction notices issued under Chapter 3121 of the Ohio Revised Code, as well as the additional enforcemenl actions under Section of the Revised Code, are enforceable by the court. PURSUANT TO SECTION OF THE OHIO REVISED CODE, PARTIAL PAYMENT ON THE TOTAL ARREARAGE DOES NOT PREVENT THE CSEA FROM TAKING ADDITIONAL ENFORCEMENT ACTIONS TO COLLECT ALL THE ARREARAGE. THESE ACTIONS, UPON EXHAUSTION OF ALL RIGHTS TO CONTEST THIS NOTICE, INCLUDE, BUT ARE NOT LIMITED TO: o Reporting your arrearage amount to a credit-reporting agency. This may affect your credit rating; n Imposing a lien on your real and personal property; Referring your support case to a collection agency; ^. ^ Restricting and withdrawing money from any account held by you at any financial institution (e.g. checking accounts, savings accounts, etc.); Proposing suspension of any professional license you hold. This enforcement method can also be used if you fail to comply with a warrant or subpoena issued by the court or CSEA with respect to a proceeding to enforce a child support order; ^ o ^ 0 e ^ x ^ s ^ a 0 $ ^...^..,.^... «...^....^....:^.^ ^......r.^.o.... Suspending your driver's license or restricting the renewal of your driver's license by the Bureau of Motor Vehicles. This enforcement method can also be used if you fail to comply with a warrant or subpoena issued by the court or CSEA with respect to a proceeding to enforce a child support order; Suspending your recreational license (e.g., hunting, fishing, trapping, etc.) or restricting access to a recreational license. This enforcement method can also be used if you faif to comply with a warrant or subpoena issued by the court.or CSEA with respect to a proceeding to enforce a child support order. S Ef,? # JFS (Rev. 5/2005) ZZ PRINT SEQ Page 4 of 8

11 YOUR RIGHT TO AN ADMINISTRATIVE HEARING You, the obligor, have the right to contest the determination of default through an Administrative Mistake of Fact Hearing. Mistake of Fact means an error in the amount of current or overdue support or in the identity of the absent parent. You may also dispute the new arrearage payment. If disputing the new arrearage payment, you must provide evidence at the hearing that household expenditures, income variables, extraordinary health care issues or other reasons exist for a deviation from the new arrearage payment. You can request an administrative hearing no later than 7 business days after the date of this notice to determine if a mistake of fact was made in this notice or to dispute the arrearage payment proposed by this notice. The last page of this form is used to request an administrative hearing. ADMINISTRATIVE HEARING If you request a hearing regarding this notice, the Child Support Enforcement Agency (CSEA) shall conduct an administrative hearing no later than 10 days after the CSEA receives your request. The CSEA wiil send you and the obligee written notice of the date, time, place, and purpose of the hearing at least 5 days before it is conducted. The notice will also indicate that you may present testimony and evidence at the hearing. After the hearing, the CSEA will issue its determination. COURT HEARING After the Child Support Enforcement Agency (CSEA) issues its determination, you can file a written motion for a court hearing to determine whether a mistake of fact still exists in the determination. You must filethe motion no later than 7 business days after the date of the CSEA determination. To determine if a mistake of fact still exists in the CSEA determination, the court will hold a hearing on the request as soon as possible, but no later than 10 days after the request is filed. If you request a court hearing, no later than 5 days before the date on which the court hearing is to be held, the court will send you and the obligee written notice by ordinary mail of the date, time, place, and purpose of the court hearing. The hearing will be limited to the matters addressed in the CSEA's determination. Upon the conclusion of the hearing, the court shall make its determination. The determination is final and enforceable. W ^ 0 ^.^-... o o..., ^^.,,, *^^... -=.^.^....:..^ ^..... ".^....o..^.^..^... SEQ # JFS (Rev. 5/2005) ZZ PRINT SEQ Page 5 of 8

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13 REQUEST FOR AN ADMINISTRATIVE MISTAKE OF FACT HEARING I am requesting that the Child Support Enforcement Agency (CSEA) conduct an Administrative Mistake of Fact Hearing. Your Narne Sireet Address Qrder Number Name of Obligee ^ ^----- o.^^. 0 o 0..^^ o ;. ^. 0 * '..^... ^.....^^...^..e..^.....^^..^...^.. City, Stat^, and Zip Code -^ Phone Nurriber Reason for Hearing: GSEA Case Number...^.^...^...^.r.^.s..^.^...r...^,.^..^..^. q There is an error in the amount of current support or arrearage listed on this notice. q 1 am not the absent parent on this support case.!m!mn.r.^.^ q I am disputing the new arrearage payment. Signature Date Mailed This document must be received by the CSEA within 7 business days of 01116J2009. If your request is not received within the 7 business days, your request will be denied. Return this document to: ASHTABULA COUNTY CSEA 2924 DONAHOE DR ASHTABULA OH SEQ # JFS (Rev. 5/2005) ZZ PRINT SEQ Page 7 of 8

14 o^n o ^^* a a^a^ o n urw ^ e^s lr^r rrrre^ot a^ras ^sr THIS PAGE LEFT BLANK INTENTIONALLY ru^ra SEQ # JFS (Rev. 5/2005) ZZ PRINT SEQ Page 8 of 8