CE-Intersection Safety Backup Documents 07/21/2010
INTERSECTION
SAFETY MEETING
CODE ENFORCEMENT
SPECIAL MAGISTRATE
BACKUP
DOCUMENTS
JULY 21, 2010
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, Fl34104
G)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
4/29/2010 1 :37:16PM
~NSTR . 2009000295440, Doc Type JUD, pagas 9, Reoo~dHd 11/04/2009 ~t 07:11 AM,
CharliQ GrlMln, !,QQ County Clerk of C1rcuit Court, Deputy Cli;lrk ERECORD
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11/3/200911:10 AM Filed Lee County Clerk of Court
IN THE CIRCUIT COURT OF THE TW&NTIETH JUDICIAL CIRCUIT IN AND FOR
L&& COUNTY, FLORIDA ClVIL ACTION
LORRAINE A. THOMPSON,
now known all Lorraine AnDE Barker,
Wife.
VB.
Cue No. 08 DR 08771 N
S1'&VEN L. THOMPSON,
Jlu!lband,
FINAL JUDGMENT OF OISSOLUTION OF MARRIAGE
Thill matter having come before: the colDi. at trial on October 27,2009. it is ordered;
I. Jurisdiction The court has jurisdi.mon of this matter and the parties. The petitioner has been Do
resident of Florida for more than six months before the date of the filing of the petition.
2. Jrretrievablv Broken The marriage of the parties. is irrettievaNy broken. Therefore, the marrtage
of the parties is dissolved.
The parties were married on December 31, 1996 and the wife filed the initial petition on
November 11, 2008, so they were married fer neatly 12 years.
The parties do not have any childnm.
3. Elluitable Distribution
3.1. Nonmarital a.'\.-ws and liabilities As required by ~Q1.07S(1), in making equitable
distribution, the CO\lrt must fU'St identifY the oomnaritalassets and liabilities. The nonmarital assets
and liabilities ue as follows:
3.2. Marita.l.asgels and liabilities Inrne.king equitable distribution ofthc parties' marital assets
..m liabilities,.. required by 161.075(11. FlorldoStatutes, the court must begin with the ",mll.. tllat
the distribution 1JhoUld be equal unless tliere is ajustifieati01'l far an unequal d1mlbutlon cued. QIlIl.\I
relevant factors, including:
3.2.1.(a) "TIle contributwn 10 IIu marriage byeachJpouse, illclu.dtngCOnlrtbutionsto
the care and WucatlO/'l a/tne childrtn and services as homemaker:" The parties contributed equally.
3.2.2.(b) "The eConoll'tic circtl1MtanCfll olm, parti.el:~ The parties arc land riCh and
cash -poor. They must carefl.1l1y J]18l'Sh.a1 their income in order to preserve thm Mal property from
foreclosure before they can seU rt. The sale of the propertY. in the presentroarket, may take:: ~om..
-months to conclude.
:\.2.3.(0) "The duratton olthe marriage:" The parties were married on December 31,
1996 Md the wife flied the initial petition on November 11, 2008, 90 they were married for nearly 12
years.
32.4.{d) "Any inltrl'uptiCm a/personal careers or educational opportuJ1ities of either
I'rrrfy'" Nnne The husband WS8 C11I'lo'Yed as a DUot of most of the mmiBge. Recently, he works at
a toea.l greyhound tr;lCk.
RESPONDENT'S EXHIBIT # I
Case No.: 13/,10000 qq c60
Composite: Yes~ I Nor 0
Hearing Date: 0 7/ ~ / ..tel (J
Axsis VPS.
,.",,~ ~"'.'".'n''''' ~."._'"
07/19/2010
6:28AM
Page 1 of 1
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples. FL 34104
DECLARA TION/AFFIDA VIT
G)
Document Number;
1361000099080
Date Created:
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07/19/2010
6:28AM
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
5/21/2010 10:59:42AM
Collier County
Intersection Safety Program
AFFIDAVIT OF NON-RESPONSIBILITY
Notice of Code Violation Nol;ce Numbe" 13(; /0 00 (J '190 cS 0
Vehkle License Plate Number: ~:; qSY [) State: PL
e
In tile space above, you must accurately write the 13-digit Notice Number that appears in the box in the upper nght 01 the
front of the Notice 01 Code Violation. Please write clearly and maKe sure you record the information accurately_ If the
Notice of Code Violation Notice Number IS unclear or incorrect, the Special Magistrate will not be able to match your
affidavit to our infraction, and the Notice of Code Violation will rOC€ed to a collection a enc if not aid.
I received the ColIJer County Notice of Code Violation Notice Number listed above. At the time oYthe
infraction indicated on the Notice:
o Vehicle had been sold (Include a copy of the seller's report and complete new Owner's name and
address below).
o Vehicle had been stolen (include a copy of the police report).
o Op",,"llul uf y.:;hi,;,lc- I.:;c..c-;yc-d a lOitation fo~ thi3 ;nf~ac;tion from 0 low enforcement officer (inelude
copy of citation).
o Operator of motor vehicle was complying with another governing law.
o Vehicle was acting as an emergency vehicle.
o Driver was required to violate traffic control signal to protect the property or person of another.
o In the care, custody or control of another person without my pennission who is listed below:
Deiver's Name '5 rEvE L. TH'e;mPs.u rJ__
De>ver'B;;;;;;~,,12.751 SClelJel1'171u!WC:. Pf'(h'1~",
Street City
Driver's LicenseiJ(\ KflOi-JN Race & Gender _~"/__ M Birth Date
R 33'707
State Zl~
we. II , I'1S+
Exp1aiIJ. how .Qriver came inlQ. possession of Vehic e Without your ~rrwssiAA OJ /? ,", '0 L; >'
eft!< WHS 0fIi<<>ED - fh C2 X f/cJ:i.tSfTNV iN K....,I VI "C,-
:r: ,..,f\\)E $.E:r0 7 \.j uL.< (01"01 O. I 1"'_
E"X kv'O:,"'rrn~ /-< ILL t0v~ /T7"'PCL( rot< N~ {t ru=
ve read the foregoing affidavit and that the facts stated i
Under penalties of per
I herein are true.
I Your signature Date
jLDA?I?0-/rH:- T3/1"i2K".~~9!f.~1/ 0:877 j,,,/rCl/,,:..o_ bo,rk,Qf{U,t:.,)<;;~
I Print your name Your telephone number Your email address
,.635 TJ-1fC THvr"'1P.:s'NS hllt"1 ;LEf'IICir/ !'Ic~.5- I ft 330-,2.
I Your street address City Slate Zip Code
I (Required)
This -affidavit must be notarfied and mailed to:
s- -tt- '- (;:;
<>>gf.
Collier County Intersection Safety Program
Processing Center
PO Box 22091
Tempe, AZ 852952091
~
Received
MAY 071010
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Notary Public
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07/19/2010
6:27AM
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Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number: 1361000099080
Date Created:
4/29/2010 1 :35:55PM
"'.., hut "-'HV .....vo .."-"""...)..".,..."-
1 ""_""'l.JH"U<'<.H'"
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{o fA1~S
April 26, 2010
CoJlier County Code Vlo1a.rton
Via Fax Number 480 990 4819
Attention: Gabrielle
RE: Notice Number #1361000099080
I received a Notice of Code Violation for a car that I do not own.
My ex husband, Steve Thompson. got the car in questions in Qurdivorce of 10/28/09. I have attached
a copy of the divorce decree with a copy of the schedule oftbe division of assets.
I do not know what his address is, but I would appreciate it ifynu ~ould ret'l;love my infonnation from
the violation. '({you have any questions lean be rellched at 239 464 0877.
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07/19/2010
6:27AM
Page 1 of 1
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
DECLARA T10N/AFFIDA VIT
(i)
Document Number:
1361000099080
Date Created:
5/21/2010 10:59:36AM
May 4. 2010
Notice of Violation # 1361000099080
Phte FL J395VD
To Whom It May Concern:
With reference to the above violation, pursuant to the divorce degree previously submitted to you, the
vehicle in question, a 2004, green, 4 door, Mercury Sable, was awarded to my ex husband, Steve
Thompson, in the divorce back October 28, 2009 .
I have been unable to remove my name from the title as Mr. Thompson will not take the title in and ask
for it to be changed into his name only.
1 am requesting that you transfer liability from my name, as joint owner, to Steve Thompson His social
security number is 175-52-4803 and his address is:
Steve Thompson
clo
Schneider Centre
12751 S Clevebnd Avenue
Suite 102
Ft. Myers, FL 33907.
Schedllled 11~~rirl!j
JUL 111010
Tha~
Lorraine Barker .
2394640877
Received
MAY 0 7 IUm
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07/19/2010
6:27AM
Page 1 of 1
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
4/29/2010 1:37:16PM
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rNSTR * 2009000295440, Doc TypQ JUn, Pag&B 9, R&cord@d 11/04/2009 at 07:11 AM,
Charliill GX'QQn, !,QQ County Clerk of Circuit Court, Deputy Clerk !:RECORD
11/3/200911:10 AM Filed Lee County Clerk of Court
IN THE ORCUlT COURT OF THE TWENTIETH JUDICIAL CffiCUlT IN AND FOR
LEE COUNTY, rLORIDA ClVlL ACTION
LORRAINE A. THOMPSON,
now known at Lorraine Aunt Barker,
Wile,
VB.
Case: No. 08 DR 08771 N
STEVEN L. THOMPSON,
Husband.
FINAL JUDGMENT OF DISSOLlJTION OF MARRIAGE
This rnatttr having come before the court at trial on October 27. 2009, it is: ordered:
1. Jurisdiction The CQW't has jurisdiction ofl:hismatter and the parties. The petitioner bas beat II.
resident of Florida for more than six months before the date of the filing of the petition.
2. Irretrievablv Broken The mamag1: of me ptUties is irretrievably broken. Therefore, the man:lage
of the parties is dissolved.
The parties were married on December 31, 1996 and the witt filed the initial petition on
November 11. 2008. so they were manied for nearly 12 years.
The parties do not have any children.
3. El.lIlitable Distribution
3.1. Nonrnarital asset'! and li4biILties As required by ~61.07S(1), in making equitable
dlsttibution, the COllrt must fU'St identifY the nomnaritallL'.lsets and liabilities. The nonmaritallLS3ets
and liabilities ~ 8$ fQllows;
3,2. MaritaJ assets IlIld liabilities Inmaking equitable distribution of the parties' marital assets
and liabilities, as ","uired by 161.07l(1 1. Florida Statullls" th. court must belliu with 1hc """'"" that
the distribution should be equal unless there i9 aJustitication for an unequal d.istrlbution Dased. QIll!\l
relevant fIlc;tors, including:
3.2.1.(a) ~The contribution to flu marriage byeacFupouse, inclumngcofUrlbution3 to
. the care and educarion a/the children and services as homemakr:" The parties contributccl equally.
3.2.2.(b) "TM e~()nomic cfrcumstancu of the partiu: ~ The part:ie!J are land rich and
cuh paOl'. They mwt carefully marshal their income in ord.er to preserve tbeir real property from
foreclosure beloR: they can sell rt. The sale ofthc propertY, in the present mlU"ke1.. may take:some
months to cotlclude,
3.2.3.(c) "The duration oftlte marriage:" The parties 'MIre married on December 31,
1996 and tJlc wire filed the initial petition on November 11, 2008, so they were married for nearly 12
years.
32.4.(d) "Any inlem.lplion afpersonal careers or educational opporrunitieJ of either
pm'1)J~" Nnnl!; The husband was employed ll$ a pilot of mO:!lt of tile marriage. Reeentl-y, he works at
a. tocaI greyhound traCk.
RESPONDENT'S EXHIBIT # I
Case No.: 13/,/ 0000 qC; aSo
YesLJ / Nor vl
07/ ~/..<<J'()
Composile:
Hearing Date:
; Ales... VPS-
, """~ ~""". ""N" ~..,,~
07/19/2010
6:28AM
Page 1 of 1
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
DECLARA TION/AFFIDA VIT
(i)
Document Number:
1361000099080
Date Created:
~u~mD ~ ?n~Qnnn?Q~A4D P~ne ~\unh~r; 9 of 9
4/29/2010 1 :37:10PM
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90:11 8181'.:/91'.:/\78
"'N"~Y~'~"
07/19/2010
Page 1 of 1
6:28AM
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
4/29/2010 1:36:02PM
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INBTR t 2009000295440 PagQ Number: 2 of g
3.2.5.(e) "The contribution of o~ Spousfl to ,hi personal career or edr<<:ational
o~'hmity of the Olher spous~:" None. The hufiband was a licensed pilot when the parties met and
~""tber-co~hntPd tn tnA nth.-'ct rC!~"t l/lrlll!il nr nt'r.JlplItinn . ___,.
3.2..6.(f) ~The desirability ofrltaining any assets, Including an Interest in a bUStIlU8,
corporation. or professional practice. intact and free from any claim or intvrferem:e by t~ other
party:~ It is desirable that the wife be left in exclusive use 8nd posscssionofthc partIes' real estate,
with 8.D accountiJ:l.g for the income and expenses of that property, so that the property will be pw;ervcd
from foreclosure:. Of the two, 1M wife J.s the better party to manage that property and preserve it until
it can be sold. To do this, given the parties' inabililvto work together. the hmlband must be kept off
tfw. pmpl!t'ty. m.: ha.'l capably managed the wind down of the Parties' home traJnina and boarding
business. The husband's alienation of the employees and customers of that business in the months
before: 12/512008, as found in the Order of 121512008, caused the business to deteriorate until it had
to be wound. down. The: wifc!lQtd hoI'3CJ and ot.ber equipment of the busine3s in otderto pay mari1al
liabilities. She then rented the ham to a. tenant woo is attemptiDs: to run a similar business. However,
the present economic conditions make the mcce$S of sl,ICb a business tenuoUS. It remains to be seen
if the tenant will be successful. In the meantitne. tbe wife is workina with the tenant and shett1ay !lave
to allow some reduction jn rent or other modifications in the apO'lcnt with the tenant. So, it is
desirable to leave the wife in exclusive use and possession of the parties"rea1 property.
:3.2.7.(g) "The conlriOu/ion of e4M spouse t(J the acquisilif>fl, i!nhanc~ment, and
produclion. a/income or Ihe improw~1Jt 01 or thi: incurring a/liabilities to, bOlh the marital tJSuts
mtd tits HOnmarital assets f)fthe patll.3:" the parties corrtrlbu1ed equally.
3.2.8.(h)"7'}y tk~irabili/yoJretaininEthe marilal ho~as a residtlJk:,jOr atiJmendent
child of the marriage or a11Y olher party when equitable k) do 30, it ts In the best interest oflhe chiLd
or that party, and it is fl1l/1PJcially feasible for the parJiea /0 maintain the residence until the child if
emtmCipatad or until exclUlive possession i3 OIMrwlse ttrminaJed by Q court of competent
jurisdiction. In maldng thb detemination, the court shallfi,.st defer1nine ifit would be mlhe best
inr,rettofths rkpendent childtorematnbt tht. marll41 home,- and, ifnct, whether otlulrequities would
be served by eivin~ any other party exc!lJj;lIe use tDld possution oftM murittti home." The parties
do not have any clnldren.
3.2.9.(i) "The inte11liQnal dissipation, was/It, depletion, ordt.$truction oflMTUal asselS
after tlwjUing oflhe petition Of' within 2 yeQTsprior 10 Ihe filing ofthr1fi!tition:" The husbandhas not
accounted for a certain 1,8 carat diamond.rina; that was in bis poSSCSSlOn after the: parties separated,
wbich has a fair market value of$39,OOO.
3.2.10,(j) ~ Anv f)lhu factors neces,fary to do equity andju.stice between lhe parties:"
None.
3.3. CODsideritt& these ractors, tJle court finds that the assets ud Uabilldu of the parties
sbcmJd be divided as pl'O'rided tn S<:bedu1e 1 attached. The items listed in the first column to the
left are the marital assets and liabilities Qftbe parties, and the values for ellCb item are listed in the
second column from the left. The court identified each item and detc:nnined tile value of each item
from the mdence. The 83SetsandlitbiIitiesdistributed to tbehusbBnd m: listed in the column entitled
"Husband" and those distributed to the wife ate listed in me QoJumn entitled "Wife."
Th.e parties are oroered to Iign any aDd all documenb aad otbenrbe do everything
necell$ary to effect the division ordCRd in thil Final Judgment aDd Sebedule 1. They shall do
whatever must be done to divide the property as ordcrc:d. If the coun must become involved in later
hearings to effect the division ordered., attorney's fees and court costs may be assessed against a party
responsible {or the court's involvement. TherCl is nO need forthe court to become involved, except as
o1hOrwic. ord"rlol'd ill. tbilll Firnllludsmem. The JlIIl:1i~... llltV1!l the ahl1l:ty to effect the division ordered.
The foOowin&: comment. apply to the equitable dJstribution:
2
A''''~ ,:~.~.!~Y!,'.~-
07/19/2010
6:27AM
Page 1 of 1
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
4/29/2010 1 :36:25PM
! l! _1! l.!!
RS
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INSTR i 2009000295440 P~ge Number; 3 of 9
(a) Sale of all real ell.ate n1'd~rHI SA follows:
Tbeeourtonten thepartia tosdlthcmaritalbome and acreage, iDcldcliJlgtbc cell tOWl!r
F:~el. ;ul-fl1vlJl .. pu.~ _ ..udb",d:". thh. Fh...4 Ju,l~..,~..l. The-coatt ftnd,s thi6 ptG~--- ----
mdivisible, except for the een tower pllI'tt1 which can be divided :f)-Qm the: rest oithe property. the
ceD tower parcel has an inaress and egress easement over and across another parcel. not the remaining
property of1hcsc parUc:::!I. The court finds that the remaioiA,g aereage o;fthc parties cannot be equitably
dMded between the parties In 8. mlllmcr that will cld.iver to each equal value. Therefore, in order to
effect equitable dimbution, the court orders that all of this real estate shall be sold and the net
procc=dS !ball be divided between the pwtiC&, less the acijustmeftb m1e~cl in thilI iudKment or
UMn:l.l ba~ pWllIwwl Lu dK: J:Cll'(.,Iyau'Olp. Qf j..~OA- Tbo p..u~ ... d.t it ab~utJb4 ~ld,
They disagree, however, about how it should be !lOld. Tbercfore, the court orders below how it will
be sold. The court finds that this order, in all of it:! particu1I1rS, is neccsam:y to preserve the value of
the property to tb.e greate3t extent possible in order to deliver to the parties the peatest amount of net
cash ~ from the sale.
Owing the pendency of this cue, the parties agreed upon a lease: of the ceil phone tower
pi21.-<<1. That lease: was a cornpromUe anel ~ttle:ment of the \l3Cl oftlw. parcel during thf: pendency of
thisc:ase.
The value or'Sl OO,Ooo'! for this property on Sched\l!c 1 attaChed is representational only and
does not constitute the court's findina o(the 1iW' market val~ of this property. There wall no
competent, credible evidence reaardina the fair market value of this property.
Thio em;", pro1><l\Y Is Identified",... ""eel 09-44-Z7-OO-00003.0000 m the property
~P(~':o 2008 tax roil. The. ~I phone ~l may~ :roooi.". b.deWtex ~.l num&er-TroTTl
the property appraiser's office, since the lease was enttrCd into on January t, 2009. It may be
necessary for the wife to employ the services of e. slU'W)'or to draw up a survey and le:aal ck:scription
of the cell tower parcel and to modlfy1he lease in order to clarlfy the lOcation of the cell tower parceL
The court findl it is necanry to ~nd the hljudion agaiDJt tbe bob.Dd's utry on
the parties' reid vropcrty. Therefore. the ~ order entered 121512008 in this matter is hereby
incorporated intbhs t:in&lludpentond cxtcMedinfUll foJQeandetrcctuntil further order. iht.ret'are,
3$ ordcted previOWlly, the husband may not entwtbe propmyuntU further order. The cowt hereby
reserves jurisdiction to modify and eofocce that iDJuaction according to law.
The court tlmis that if the husband is alloWed to enter the prOpQ'ty or otherwise allowed to
participate in the ncgotiatioD:l for the J.istiDI or sale of the propertY d13t it 19 highly unlikely that the
pllllles toll<lher OQU\d conduct and 8&<<' upon tho detallsneoesW)'to list andsdl1lie~, ,oUlst
4 ~A1c i.s ~Iy not to QGGW' if tho ~ i3 ~ to ~ to th.;pN~ or pamd:fIMe In thfl
negotiations and ,ale. which may result in the parties losing allofthe value of this property. The court
finds the parUt!$ are unable to aarec upon the many detBils that must be worked out 1)ctweeQ a seJler
and a listing and sellina; broker andalSo betweeI1 a. seller and a. buyer in order to CQntract and close on
a contract of sale and purchase, and, therefore. it is necessary far tho court to order that one of the
parties shall control the negotiations,1istina, contraeting and closing of a contract of sale and plllCbase.
Tho court orden that tho wifo is that party.
Tbe conrt wiD eota'. &eplJ"lte order authorizinl &he wife to list the house; aaeajC. and
celllowet ptltCCl for sale as soon II peuible lunch pric!!: or prices that the listinJ broker ",eommends
m writing 8fle,conductinKa market survey. Th<lwil'e'B signsnlre slone to the Usting esreemcnt Bball
be :ro1Iicient for listing the property. The wife slIall select the broker without the husband's
participstion. The husband is 0rdCred to cooperate with the broker to effect the sale of the propertY,
if "",uCmd by the broker,
The eonn speetnr.auy naervea Ju.r1lIdkllf,lU ov," UJ;:o leAl prupo;dy for U\" purpooOG of
amending this Final Judamcnt in Q(der to innsfcr the title and ownership to this real propetty to the
wife, and divest the hu!band ofany1itle, ownmship, or in~ in the. property, if the co1ll1 finds it is
3
'''~ "~.~,~y,~"~.
07/19/2010
627AM
Page 1 of 1
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
DECLARA TION/AFFIDA VIT
(i)
Document Number:
1361000099080
Date Created:
4/29/2010 1 :36:31PM
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INSTR # 2009000295440 P~qe NumbQr~ 4 of 9
nccc:ssary to do this hereafter in order to effect a transfer of this real property to a third party pursuant
to a contract of sale.
The-ee~the--i~uitabJcrli.....;h'ltlnn Ann 1M ~nt1re
di:Jtributionoftbcpartics' lUSctl!Iandliabilities ordered intbis Final Judgment and Schedule 1 a.ttached
until th.e sale of the house, acreage and cell phone parcells concluded and until further order. The
court also reserves jurisdiction to distribute the cell towu pa.'Ce1 to the parties in kind as tenants ln
common or to one party or the other in order to effect equitable distribution.
The tourt orden 'h.t all oribb real property witl be .!Iold ., SOOD III possible. The wife
alone and withouttbe husband's signaturernay sian II binding eonttacl to se111his real property, ouhe
mO.,.. by motion D.GCll:lotice <<hewn; condition any ~1lNI...ontnd frrrthe MleofthcPl'Ot)el'tvuJ:\on
an order of the court approving any proposed contract of sale. If snch a motion is filed by the wife, she
shall aive the husband notice ofme motion and the court will bear the parliea' argumarrt. objection.<l,
and evidence for or against the cotl1:t'8ct and shall approve or dlsawrove any contract. Therefore, the
court reserves jurisdiction to approve or disapprove any proposed contract for the sale oftbis property .
The court, Ifreqllerted, wiD $uperviJe the listing and 1111.1: oC1hc home, unectMary, in later
hearings, upon motion by either party to address my issue. and the cowt wi1l award fees and costs
against any party not cooperatina; and facilitating the sale. The court will also adjust the distribution
of tile net proceeds from the 50150 di:ltribution depicted Gn Schedule 1 to am.ore equitabledistn'bution
If eitber party should cause tIle wasting of this or any othec marital asset or the inclll'rina: of any
1.11ll1eCe8Sar) expense before all of this real !!tate is !laid by delaying and not facilitating and
cooperatina in the we of this property or forlltl}': ather reason. The real estate may be sold to one or
mot<> bUYl!1"8 lWd the properties may 1:",' dlv;dNl ,"thi, will help effect a. sale.
The eourt orden 'hat tht wift: ,haD have enlmtve use aDd pOllession of these properties-
the house. the ham. the acreage and the eeU tower parcel- and she isrespon:riblc to collect an of the
rent for the barn and cell tower parcel and apply the rent proceeds against the expenses, mortgage
payments, taxes, insurance and maintenance of the property and to iWCOunt for these.
The court finds the wife's exclusive use ana possessian has a fair rental value of $650 per
mOl1th :and therefore when the parties divide the net pmt:eeds of sale. she shall be chqed that amoWlt
per month for her use and possession since December 2008 .and including tMt month. When they
divide the nl!t proceeds. to the extent that either party paid more than one-half of the ordinary and
reasonable expenses for the taxes, irwtU:8Dcc, maintatanee, and mortpge payment:! due on th~
property since NOVelIl.ba- 2008. such party shall be entitled to be reimbUrsed from the net proceed!!
before they ate divided between the parties. Likewise., eny out:ltanding liability fm unpaid taxes,
YeUowBook debt, I_R.S lIf'!bt!il, nr l'Ith~!U! aritina nom either parl;y':s operation of a bu.smson the
property before trial or :from the maintenance of the property or for taxes. inswanc:e or mortgage
payments, $hall be paid from the net proceeds of the sale before the net proceeds are divided between
the partie.!!. So, to the extent that the wjfe used her salary to pay the expensC2l of the property from
November 2009 until the sale of the property, she is entitled to be reimbursed from the proceeds af
the sale bcfme the proceeds are divided between the parties.
The (lOtlrt Te5erva<i jlm!ldiction to sort out and ~rmlne the claima of either party to ha.ving
paid for more than half of such expEnSeS or for any mmitalliabilit)' or ~cnse oftbe property md to
settle the payment and reimbursement from the net proceeds before the net proceed$ arc divided
between the parties.
Since before end inCluding November200S1 the court orders that the parties are equally liable
fOT the expenses for the mortgage. taxes, inB\ll8t'1Ce aDd maintenance on the property and their bo1'llc
training and boarding business, whieh shall be adjusted when the property sells, and the wife shall be
~p tho fUr 1QuW vatu. of$650 per mo.nth ,inca and including Decembftr '-nOR
Further, the wife shall be paid $1,054 by the buaband from the one half ofd1c net proceeds of
the sale payable to the husband. or o1herwisc by the husband to the wife, in order to equalize equitable
4
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'''N ~~~..'!!;"~-
6:27AM
Page 1 of 1
07/19/2010
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
4/29/2010 1 :36:46PM
U~, 4V' LU~v ~~.uu
........~.....,~..."....
I.,-,-",~u,.,."-,,,.........
I............ "....., ~u
INSTR # 2009000295440 page Numbe~: 5 of 9
distribution, as reflected on Schedule 1, attached
The wife it bel1lby distrihuted the elltJre rentfortbe c:eI1 tower parcel mati, paid~
t.... the "~b.6HaM.l ~ ns: AlNeBl:CIBttl. H's BnRibIt J. ~"':m theP'l'ttl,.,"M N,.w r.lllgJIIA,. .
PCS,l.LC, effective January g, 2009, The hUllband is not entitled to receive any oftbat rent. The c.ourt
hereby divests: the butband of any claim, right, title or interest in the rent from this lease, and tb&:reforc
the husband bas 00 claim, right. title or intc:te&t in the rent from. the cell tower p8fCd pursuant to the
lease or othetwlse. and this rent and all ti&bt, title ar inWc5t in tbi:I rent is hereby distributed to the
wife, for the use and purposes mdered.ln tDis judgrMnt
Tho wife is responsible to report the incQmc she: receiw. from the property and the expenses
II~ ~ on h" Mderll.llnoonw. tax mum, for 2000 artd I!aeh)'fllt tnl"nln1\er lleMttse this in~ is
paYable to her and not to the husband. This judgment divests the hlUbanct of any Interest in that
lncome.
The wife is ordered 10 use the rent from tile eeJl tower parcel. barn or any other part of the
property for the mO!til:age payments, taxes. insurance and maintenance of the: property until the
proP.C:rt'y sells. She mWft aQeOUflt for the rent she reoeiW5 from any source ana the e:xpcnses she ~
until thcl pro~ seJh.
The utjuettOD against tbe hll.aband entered previousJy ill continued in fliP forte and
effect UDti1 ftu1:her order. The court ord.m 1hat the wife shall be entitled to live in the house and she
shall promptly prepare the house and. other property for salc.
Count II of the .busba.d's eouneer pefltion, for partition, is denied. Thc court denies the
husband's count ror psrtitioOy and the court orders the pt'OJIerty !!hall be sold as ordered abovem order
to off'eot oq;uitoble distribution.
(B) Ho~tor ~ !iOld bvwife nr hmchand ~OT~llhndcssh bank. accounts - Atl3eparation
the parties some nes, a Kubota 1:m:tor, a bue opper, a bronze statute of horse andjockey,
a :Robin Hood sword, a. Claymore sword, anEtllng opaque ~ a bronze naked La4y statute, a suit of
annor, pieces of Laliq,ue gW:s, a muck sptee.der. and other tangiblc pcn:ona1 property, The husband
llDd wiI. allO had mantal funds in bank llCC01.1llts. Tbt: wife u.w.i1 the proceeds Of the horses and other
tangible peJ'1O!l81 property that she sold to pay marltalliabilities and fur her nece9SU)' and reasonable
support before trial Likewise, the hWllband used the ~ds of the tan,ible personal property th.a1
he sold to pay rnaritalliabilities. and for his IleCQI8ty and reasonable support before trial. excqrt for
certain item9 of tangible personal property discU$ied below, Therefore, because all ofthesc fw,ds and
proceeds of sale, with that exception, were spent for support and. marital liabilities, there is now
notbina of1hose distribut<t. So th~U' A,s~h:, whh ThA' I!':YceptIOO. wen: d.ep1eW1 after scpamtion foe the
support of the wife and the husband and fur the payment of maritalliebilities. These asstfs were not
wasted by the wife for nonmarital purposes lIIld nowthere is nothing to distribute. Se'. '.g., Plichta
v. PUehto, 899 So.2d 1283 (Fla. 2d DCA 2005); Tui:/r>r v :rue/r>r, 966 So.2d 32 (Fla. 2d DCA 2007);
Austi. v. Awll., 12 So.3d314 (FIa. 2d DCA 2009).
(C) Wade M' fioit~~..~ to acctlnnt for tAnv1We nel'Mt1RI .,rn~ _ The: busband has wasted or failed to
account for the 01 owin8 tangible per3ODI.I property, which the cow't finds was in his exclusivc
poslftHlon after the pillliel!l sepatatcd and which he never retumed to the wife: a 1.8 carat diamond
ring. This ring was cak.cn by tbC husband, along with all of the ollR:tjewelryhe took out of the marital
bome as ~ parties were sepaming. and it was neverretumed to tilt: wife or OllwwillC a.c:eounted for
by the husband. He testified thai today ho does not know where it is. If so, he lod this asset due to
CiUd~, wbich is waste. 'Ih: oourtfinds its fairtnarketvaluc is $39,000 and thecourtdistribU1es
llilii o1Ia~ to the husbtlnd OD Sobcd.uh. 1 4tte.ohod.. 011 this iSDUe, the court fir...". thr. wiffl'fII, tC!ltlmOIl)l
iscredibl~.
5
Axsls VPS-
~ .~"'."'.""" H'H~'
07/19/2010
6:28AM
Page 1 of 1
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
4/29/2010 1 :36:53PM
.
II
Dili 011 Ii
lXb.inn r
II!! IT llJ
INSTR * 2009000295440 Page Numb~r: 6 of 9
(D) The nsrtics h01'llC hoardirur bta:r~ - Therourt finds tho wife bas dealt reasonably mO properly
with the ~cs' horse boIrdinJ trauaing business aftm the parties separated. She has also rented
tl._ &_l'l ~~ th6pi:'~.e:rtJ &flreese~911S Sa' hat ..,.r^t1D.'." ,.".th.owit'ltfingtlnwn__
of the horse business, the sale of the hones eM other taIliiblc ~ pr<?perty and she used tbe
proceeds to paymaritalliabilities. Her efforts have preserved thtFroptrty arid kept it from foreclosure.
Ho~ar, the pre!eot ~mic conditions make the succe!S 0 liUCh a business tenuoUS. It remains
to be seen if the tenant will 'be sw;cssfu\.1n the meantime, tbe wm. ia working with the tenant and
,be may have to allow some reduction in rent orothe:r modificatioll5 in the agreement with the tenant.
So, again, it i.$ desirable to leave the wife in exclusive Uge and possession of the parties' real property.
(E) ni~hution of tHnaihlr. ner.o,()nal nrooertv . lbe wife shall deliver to the husband a certain
"aviation flight bag" i.n her possession and also his pilot's lQg books in her possession within 15 days
by delivering these to her a.ttomey wOO aball de.1iver them in due coune to the husband's lawyer. The
parties did not testify to any value for this property so the court finds it hll!l no value and it is
distributed to the husband.
All oftM tanaible perllOwU propertY ll~tron m, W' ~ Exh11Jit 7. including the wife's jewelry and
the husband'sjewe1Iy but less the items \Dathave been sold previously by the parties to pay maritllt
liabilities and fortheir support as determined above, is hereby distributed to the wife. The cOurt finds
that the value of Chis tangible personal property now distributed to 1he wife is $26,000. Regardina the
wife's jewelry, the court finds it is worth 110,892 and the court distributes it to me wife. RepnUng
thehusband'sjewelry. the court has no evidence of its value, the husband said he clid not want It and
it hsd nQ value for him.. There-foft', no vl>hm i... fOl111d for1h;'l.jf!Wl!ilry and it is. distributed to thc wife.
(F) I.R Sand otber debts ~ Any and all debts owed by the parties to the Internal Revenue Service for
unpaid taxes of any nature for calendar yeal' 2008 or any previous year shall be paid from the: net
proceeds of the sale of the r.:operty before the proceeds are divided between the parties. these debts
to the I.R..S. aremarita11iabdities, The figureof"S5,OOO" Qn Schedule 1 attached isonlyrcpresentative
oftbe toW amount of !JUch debt or debts. whj('.h may he more or less t:Mn that fiQUfc-
Any other debt of the parties derived from calendar ycm: 2008 or earlier from their horse
busine9s, such as their Yellow Book debt, is a marital liability md the debt shall be paid from the net
proceed3 [If the sale before the proceeds are divided between the parties.
4, ~ l1:1c busband has made a claim for alimony,
4.1_ Tlv!- r'omt h~ ...nn_~Ml'_nocI th~ f~l'lrm\ in ~t)' .08(1) and(2), Florida Statute" as follows:
4,1.1 (1)"'11us CQurt may col1$ider the adultery of euiter .spouse and the ctrctnnsta1f.CeS
thereofin determining the amount of aUmony, if any. to be awarded,"
4.1.2.(2)(a) "The standard ofllYing ~stablished during the marriage:" TIle parties bad
a mQd~t standard ofli'vins,
4.1.3.(2)(b) "The duration of the marriage:" The parties were married almost 12years,
4.1.4_(2)(l::} "7'hP.lJfIfIll1Idphy.tical and emotional conditlonof eEJEh "ry:" nte parties
are both in aood health. The wife's income is $3,167 gross per month. 8hr: is 8. eial. The husband
is a cGlnmercial pllQt. He isnowemployed witha local doitrack as a betting te ereaming $9 an hour,
He IqIOrtcd 00 his fmandal aff1davit that his ineorot!' is 5900 a month. At trial he said it 'is S800 a
month. No pay stubs, W-2 statement orotber dircctevidence ofbis actual wages are in evidence. He
aloo u.ys he is ''taking classes" at Hodges University. The husband lll3t worked fur DHL Cargo in
Europe. He left tbatjob when the parties moved to the U.S. The husband says that he eannot find a
job tI.3 II. oommorgi4"l1 pilot. ovon thO\l&h h.. bold. 11 C'ornrner<:'illt, jars'" j.t li(".8I1",e_ Upon closer
examination, there are l;ommercial pilot jobs available but the wages paid artlless than the husband
believes he is worth, so he has not made an effbrt 10 locate such a job. He sa~ he stay! at "'BMIts 11
6
N '/~,~~Yps-
07/19/2010
6 28AM
Page 1 of 1
Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
4/29/2010 1 :36:58PM
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INSTR * 2009000295440 Page Number: , of 9
Million" during the day when he is not working because he has no other place to stay when he is not
Wtlrkina. He says be "rents a couch" and a "shower" from a friend's apartment "offWink.ter" ami thi3
IS Wbetf;neslecp5. --~~~ -~--_.
4.1.S.(2)(d) ~ThI filU11'lCial ,..sources of each party, Ihe nonmarilal cmd 11m marital
assets and liabilities dutributed to each:" Neither party has any assets or income beyond their wagcs
and the: net rcntal.procccds of their real estate. H~ver, the ex~ of that property . mortgage
payments, taxes, Insuranot, and maintenance - must be paid 'With the !let rental proceeds of the
property. The income of1he property has not been sufficient to pay tbe expense8 oftbc proput)' before
the rent is collect on the cell to'iWt lcase. The wife bz.s made up the difference from her sa.181')'. Tbe
husband hWi uvt wuuiIJutoJ to the PGJTI1wut ofth.. _1'_.... on tiw prop~ m,m Mil income. After
the wife begins receiv;ng the cell tower rent,now that she is the party entitled to receive that rent, the
income of the ~ should be sufficientto pay the expenses of the property. However, the viability
of the busine:J5 of the barn tcnantis not certain.
4.1.6.(2Xe) "When applicable, th~ rime necesfary foJ' eithtr party to acquire. sufficieni
education. or training to ~1'IQble such]N1rly to find approprio.ttl unp/qyment:" Nonc_ The husband has
propos-cd no spcQfic and credible rd1abiliWion plan.
4,1.7.(2)(f)!ln. contributkJn. of each party to the marriagll. includirz& but not limtred
10, services rendered in hOllUNnaking, child cart, education, and career buiJdingofthl1 orner patly:"
The parties have no children.
4,1.8.(2)(g) \'..411 sourr:esofil'lcomeavailah/e to "uner parly:" Their wagea and the net
rental proceeds of their real property. To date, their real estate has opeWea a net loss, which the wife
h~ fuulktJ n-olllhCJ:~,
4.1.9.0.) "The court may consider a1l}' other faclOr n.er:emll'Y to do equity andJu.~tir:e
between che partitls:"
The husband is not credible when testifying about the parties' assets, liabilities, incomes and
employment. The oourt finds the husband ~ more income than tit Is reportiDi. He is .150 ilto&ical.
He complains that the wife is not paying him income from 1helr real propmty yet the propmy has not
~enen,ted inGome in CXCC33 of the expensea necessary to preserve the property. In sum. the busband
IS not a credible witneu.
The eourtw aeenand beard the parti,el and thm witnesses in the courtroom, on the trial date
and at the numerous temporary hcarinss. The court h.wi carefully CQnsidered thel testimony of the
partie! and bas closely observed and Ustened to the parties and the witne3ses, bow they testified and
how they Eted as well as what they said. The court has considered the interests of the parties and the
wjtn=~3. la thi~ ~ inwre.t is th. major -&ctor in contidt'ri...a: I'M: issue of credibilltv.
This lower court record consists of the substance of the testimony ~ dates, events, what
happened, what a party said, doeuments admitted into evidence andjudiciaUy noticed, etc. . and also
how the witnesses said it . their demeanM, how they acted, and their motives and interests. The
questions 1hat: a party asks,. the tone.and demeanor of the questioning and the matters inquired into and
not only the lUlSWa'S to the questiens, are also part of the record.
The entit'\; record oon.sists of tho trial record md the bMavior of the parties before and durina
the litigation. h consists of the motions and 'P1eadinwl filed by the parties, and the eviticocc and
questl.ona heard at prell.minary hearings. It cOIWst1 of the arguments of the partiel. The argwnents and
the questions of a party reveal what a party bctiC'VC$ is relevant and tl:iey a1:so reveal the party'!
attitudes ano. beliefS. even though not air of their arguments and questions are in fact relevant to the
issues. This entire rec<<d beam on the credibility of the parties:aDd the witnesstls.
The parde, shl:luld realize considerable net profit whe'tl their rea! estate sells, as ordered, so
that the hus1J8Dd will rel;c;lvc; ..oll:tlduCLbI.. =M u:> cqui\o.bl. di&tributi.oa, ... r..fh.rt...l nn Schedule 1
attached.
4.2. After considering the facli;lrs. tbt tourt deniel tbe busband's claim for al.in1oay.
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Collier County Intersection Safety Program
2800 N. Horseshoe Drive
Naples, FL 34104
(i)
DECLARA TION/AFFIDA VIT
Document Number:
1361000099080
Date Created:
4/29/2010 1 :37:04PM
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INSTR * 2009000295440 Page Number: 8 of 9
5. AttorneYs Fees. COllt.o: and Suit Monev The courtreservesjurlsdietio~over the issue ofa~ey's
fees, cO$U, and suit money t both. entitlement am! amotmt, for f\u1hcr he&rings. Any further heanng on
dK'3'" 1_.."", .".....1 be I""l:l.hrill} ameti9a~' Olther p."'Y A'ilnni fOT fp.l'!!l. costs or suit money, and a
notice ofheujng on the motion.
6. Rcl'ltCJr.rtion of wife's ~DlL" name The wife's previous name of Lorraine Anne Barker i:l now
restored and this is now legal name,
7 Reservation of Jurh:dictian The court reserves jurisdiction of this action to enfo~e this finsl
j~"'gm,;nt and f<;l1' all pwpa&Og irpeCifktlly "",,,,,,,",t'o
Done snd ord""d in Fort Myers, Lee County. Florida, this (O!"t--g,l Or
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-R. Tbomas Corbin, CircwtJudge
Copies provided to:
John R. Lonsergan. Esq., and Vana Reneju!lte,Esq.
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6:28AM
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