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KINE v. FORMAN (04/15/65)

decided: April 15, 1965.

KINE
v.
FORMAN, APPELLANT



Appeal from order of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1937, No. 1482, in case of Dr. Israel Kine et al. v. Louis Forman et al.

COUNSEL

David Freeman, for appellant.

Albert S. Shaw, Jr., for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Watkins, J.

Author: Watkins

[ 205 Pa. Super. Page 306]

This is an appeal by Max Forman, the defendant-appellant, from an order of the Court of Common Pleas No. 1 of Philadelphia County imposing sanctions for refusing to answer questions posed to him in a deposition in aid of execution on a judgment pursuant to Rule 3117 of the Pa. Rules of Civil Procedure. The sanctions imposed were a fine of $200 and reimbursement to the appellees for costs and counsel fees in the amount of $100.

The action was brought to enforce a judgment entered on December 17, 1937, in favor of the plaintiffs Dr. Israel Kine and Oscar Rosenbaum and against

[ 205 Pa. Super. Page 307]

Louis Forman and the appellant. The judgment had been revived periodically since 1937 and continuous attempts have been made to enforce it. The Supreme Court affirmed an order of the Court of Common Pleas of Philadelphia County dismissing the appellant's rule to strike the judgment in Kine v. Forman, 404 Pa. 301, 172 A.2d 164 (1961), and the Supreme Court quashed an appeal of the appellant at Kine v. Forman, 412 Pa. 163, 194 A.2d 175 (1963), as premature.

The appellant admitted that he had served as secretary-treasurer of the Crown Wallpaper Company continuously from 1948, the year of the company's founding, to the present. He also admitted that his wife held title to an automobile which actually was owned by Crown Wallpaper Company. He claims he owns no propery of any kind except three old suits and an insurance policy. As the court below said: "In view of the above, the plaintiffs had reason to believe the defendant had systematically arranged his affairs so as to place his assets in the name of his wife through their possible joint connection with Crown Wallpaper Company. Accordingly the plaintiffs propounded questions which could lead to a 'turnover' order directing the wife to produce concealed property under Rule 3118(a) of the Rules of Civil Procedure."

During the course of the depositions the appellant was asked and refused to answer the following questions: "(a) Were you employed immediately prior to the formation of Crown Wallpaper Company? (b) Did your wife become President of Crown Wallpaper Company at the time of its formation? (c) Did your wife perform any services for Crown Wallpaper Company in 1948? (d) Who paid for the automobile held by your wife but owned by Crown Wallpaper Company? (e) Did Crown Wallpaper Company advance the funds to pay for the automobile? (f) Did your wife pay for the automobile with her money? (g) Who are the

[ 205 Pa. Super. Page 308]

    present stockholders of Crown Wallpaper Company and who were the stockholders at the time of its formation? (h) Is your wife a stockholder of Crown Wallpaper Company? (i) Is your wife employed at the present time? (j) Who supports your wife? (k) Does your wife own any real estate?" He also refused to produce copies of ...


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