Thomas D. Horne, Chief Judge
ORDER (WRIT NE EXEAT)
THIS MATTER COMES before the Court ex parte upon the Emergency Application of Plaintiff for a Writ of Ne Exeat, as against Robert D. Maharam and was heard by the Court ore tenus, and it appearing to the Court based upon the verified Application of Plaintiff, Memorandum of Law in Support Thereof, sworn testimony of Jane Maharam, and exhibits submitted to the Court on August 19, 2003, that there is a substantial likelihood that the plaintiff will prevail upon the merits of the instant complaint and that the equities presented justify relief conditioned upon the posting of a bond with surety acceptable to the clerk; and
IT FURTHER APPEARING to the Court that such evidence supports findings that:
1. The plaintiff, Jane Maharam, has filed a Foreign Judgment from New York Supreme Court, York County, pursuant to Virginia Code in the Loudoun County Circuit Court on July 10, 2003, (Instrument # 0086058) against the defendant, Robert D. Maharam, in the amount of Four Million One Hundred Thirty One Thousand One Hundred Ninety Three Dollars,
($4, 131,193.00), plus interest at 9% per annum from March 17, 1998. Simultaneously, plaintiff has filed a writ of fieri facias and a summons to Answer Interrogatories for service.
2. This claim arises from dissolution of the marriage in New York and represents plaintiff's share of the marital assets. During the pendency of the New York divorce, Robert D. Maharam was ordered by the New York Court not to remove any marital assets from the State of New York. ( Order for Reverse Summary Judgment for Divorce dated February 3, 1984, para. 4 "pending trial… the parties are enjoined from selling, transferring or disposing of marital assets, except for ordinary living expenses." Jane Maharam Exhibit 1).
3. Despite such Order, Robert D. Maharam transferred the proceeds of the sale of Maharam Fabrics Company ("MFC"), a marital asset and other marital assets to Virginia, depositing Hundreds of Thousand Dollars of MFC marital funds in various banking accounts and investments in Virginia and secreting other assets from Plaintiff and the Courts in Swiss Bank accounts (Jane Maharam Exhibits 3, 4, & 5).
4. In August 1996, when the trial court issued its initial award of judgment to plaintiff, the defendant liquidated all of his deposits in the various accounts in Virginia where he was then living, terminated his investments holdings; and fled the country.
5. The defendant, Robert D. Maharam, is presently in civil contempt of the New York Court by Order dated March 23, 1998, for his failure to comply with the Orders and Judgments of that Court. That despite such contempt Order, there has been no arrest nor capias nor NCIC entry, of which plaintiff could avail herself in pursuing her judgment or defendant's compliance.
6. The defendant lives or lived for a time in Israel. He has returned to the United States for visits.
7. The defendant is traveling from London, England and will be departing from Dulles Airport, in Loudoun County, Virginia to Phoenix, Arizona, having booked the Ameriwest Flight #850, on August 27, 2003, at 8:00 a.m. Credible evidence exists that he has an Alamo car rental, returnable to Dulles Airport on August 27, 2003. He is expected to soon leave the United States, having booked a flight on August 30, 2003, back to London, England on British Airways from Dulles Airport.
8. The plaintiff will suffer immediate and irreparable harm if the Writ of Ne Exeat is not granted.
9. There is a substantial likelihood that Robert D. Maharam will otherwise flee this jurisdiction.
10. That there is no adequate remedy afforded at law to secure his attendance to answer to the judgment.
11. That the defendant has and is removing himself or his property (and the knowledge of the whereabouts of any marital property) from this jurisdiction.
12. Plaintiff has made numerous efforts since 1996 to serve the defendant to comply with the various Orders for the New York Court, but he has avoided or refused personal service or service through counsel, and has otherwise failed to appear.
13. The defendant has not contacted his adult children or plaintiff during his absence.
14. The defendant has made no effort to appear at duly noticed depositions or to comply with any of the Orders of the Courts of New York since July 1996, and by such actions has been found in Contempt of the New York Courts by Orders dated May 19, 1997, and March 23, 1998. (Jane Maharam Exhibits 3-B and 4), it is therefore,
ORDERED, ADJUDGED, AND DECREED that the Sheriff of Loudoun
County shall serve this Order respecting a Writ of Ne Exeat, upon Robert D. Maharam, immediately before his departure from Dulles Airport on Ameriwest Flight 850 on August 27, 2003, at 8:00 a.m.; and it is
ORDERED that Robert D. Maharam is hereby enjoined from leaving the Commonwealth of Virginia until such time as he answers to the Interrogatories Summons, now set for September 2, 2003 at 1:00 p.m. at the Office of John Karcha, Esquire 3989 Chain Bridge Road, Fairfax, Virginia (tel. 703-385-5711) who is hereby appointed in this matter, as a Commissioner in Chancery of this Court and further hearing upon this writ; and it is
Further ORDERED that Robert D. Maharam appear at the time and place specified to answer debtor interrogatories before the said Commissioner, and it is
Further ORDERED that good reason exists such that the Sheriff of Loudoun County or any sheriff or officer of any jurisdiction wherein said Robert D. Maharam, can be found, shall forthwith execute the writ of fieri facias upon the defendant and shall seize and take immediate possession of items of tangible and intangible property ( such as cash, computers, computer data, papers and luggage) in the possession of the defendant, Robert D. Maharam, pursuant to the writ of fieri facias, and to be inventoried and presented to Commissioner John Karcha, on September 2, 2003, and it is
Further ORDERED that prior to the execution of this Order and the writ of fieri facias, the plaintiff shall post a bond with surety, acceptable to the clerk, which bond in the amount of One Thousand ($1,000) shall secure any costs or damages of such injunction of the Writ of Ne Exeat; and Five Thousand ($5,000) with surety acceptable to the clerk to cover all costs and damages which may be awarded against the plaintiff, or sustained by any person, by reason of wrongful levy or seizure, and it is
Further ORDERED that this Court shall review the injunction of the Writ of Ne Exeat and conduct a hearing, if any be required, of other pertinent matters, including the extension of the writ, on Friday, September 5, 2003 at 2:00 p.m.
ENTERED this ___ day of August, 2003.
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Thomas D. Horne, Chief Judge Rule 1:13