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Enforcing rights under consent decree as third party

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ettermaj

Guest
What is the name of your state? PA

Some background here:

My parents divorced in 1992 in NY. The Supreme Court in an for the County of Nassau eventually settled the divorce and approved the Unanimous Consent Decree between them that same year.

In the Decree my father was obligated to pay child support (which, of course, he didn't pay), and also to hold certain savings bonds until I reached emancipation.

My mother and I moved to PA in 1994 and continue to reside, although in different counties at this time. I turned 21 this year. My father is located in CA.

Since about 1999 my mother had been working with the local DA's office to enforce the child support order. In 2002 they finally tracked down my father and began to garnish his wages. Obviously, when that started my mother was immediately contacted by his attorney and offered a settlement. Long story short, she settled for half of what was owed, which is probably pretty good.

In any case, I have attempted on several occasions to collect these savings bonds. I contacted the Department of the Public Debt and had them conduct a search on my social security number and my father's to determine the status of several bonds. We uncovered about 50 savings bonds (I have copies of all of them) that he redeemed in the mid-90's.

Current value of the bonds is about $4k. I have sent him on two recent occasions an itemized list of all the bonds redeemed and a demand for payment pursuant to the unanimous consent decree. I sent all correspondence return receipt and he was dumb enough to sign for all of them.

In any case, I'm wondering how this case would be handled. It would appear that I should have standing under PA's Long Arm, 42 Pa.C.S.A. § 5322. "Causing harm or tortious injury in this Commonwealth by an act or omission outside this Commonwealth. "

I have not sought a judgement in NY with myself as a plaintiff. I was techincally a third party to their decision. Would I bring new suit in PA and use the consent decree as evidence of the tort? Or would I have to make a motion of some sort in NY to have jurisdiction transferred to PA? I have no problem doing some leg work and appearing pro se.

Any insights on this would be very helpful... Thanks. Josh
 


stephenk

Senior Member
what is the exact wording of the judgment regarding the savings bonds?

when your mom reached the later settlement with your dad, was it reduced to a written agreemen? If yes, does it release your dad from having to hold onto to the savings bonds?
 
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ettermaj

Guest
The wording of the agreement is such that it states that the bonds were to be itemized (which was never done) and held for the minor child until he reaches the age of emancipation (funny that they said that becuase there is no emancipation statute in NY)...

The settlement involved only my mother and specifically in the settlement agreement it was stated that she releases liability for bonds that she would have interest in, however, we did insert a paragraph stating that this settlement would in no way affect my rights to anything in the prior unanimous consent decree.

Of course I have copies of all of these... just not with me right now. We were very careful to make sure that any claims released by my mother would not affect my claims.

Thanks.
Josh
 
E

ettermaj

Guest
Oh, also, the settlement agreement was reached after I turned 18 and I did not sign the agreement.
 

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