Transcript of the Testimony of - Denmon Pearlman of the Testimony of Date: July 8, 2014 Volume: I...

Transcript of the Testimony of

Date: July 8, 2014Volume: I

Case: v.

A Pro Court ReportingPhone:813-226-2882

Fax:813-226-2884Email:[email protected]

Internet: www.aprocourtreporting.com

A PRO COURT REPORTING (813)226-2882

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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA FAMILY LAW DIVISION CASE NUMBER: 13-DR-0865-ES

,

Petitioner/Husband,

vs.

,

Respondent/Wife.

-------------------------------------------------

DEPOSITION OF:

DATE: July 8, 2014

TIME: 10:20 a.m. to 11:40 p.m.

PLACE: A Pro Court Reporting 422 W. Kennedy Blvd., Ste. 240 Tampa, Florida 33606

PURSUANT TO: Notice by counsel for Respondent for purposes of discovery, use at trial or such other purposes as are permitted under the Florida Rules of Civil Procedure

REPORTED BY: Kristina D. Haeck, Court Reporter Notary Public, State of Florida at Large


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APPEARANCES:

CHRISTIAN DENMON, ESQUIRE Denmon & Denmon, P.A. 1560 W. Cleveland Street Tampa, Florida 33606 Attorney for Petitioner

JEANA VOGEL, ESQUIRE ALBERTO AYO, ESQUIRE Ayo and Iken, PLC 703 Bay Street Tampa, Florida 33606 Attorneys for Respondent


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INDEX

PAGEDIRECT EXAMINATION BY MR. DENMON 4

NO CROSS-EXAMINATION

CERTIFICATE OF REPORTER 94

CERTIFICATE OF OATH 95

EXHIBITS

Exhibit 1......................................90

Exhibit 2......................................93


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1 P R O C E E D I N G S

2 -----oOo-----

3 THE COURT REPORTER: Would you raise your

4 right hand, please? Do you swear or affirm the

5 testimony you are about to give is the truth, the

6 whole truth, and nothing but the truth?

7 MS. I do.

8 ,

9 Having first been duly sworn, was examined

10 and testified as follows:

11 DIRECT EXAMINATION

12 BY MR. DENMON:

13 Q Good morning.

14 A Good morning.

15 Q Can you state your name for the court

16 reporter?

17 A .

18 Q And Ms. , have you been in a deposition

19 before?

20 A I have not.

21 Q Okay. And so I assume your attorney's kind

22 of talked to you about the deposition, but I'll do a

23 little bit of talking to you about it as well.

24 A Okay.

25 Q I'm going to ask you questions. You


Page 5

1 understand that?

2 A Yes.

3 Q And then I'm going to ask that you answer

4 them truthfully.

5 A Okay.

6 Q And I'm going to ask that you answer out

7 loud, which you're doing a good job of doing that

8 right now.

9 A Okay.

10 Q And that's for the court reporter. Okay?

11 A Okay.

12 Q And just a second ago you swore to tell the

13 truth, correct?

14 A Yes.

15 Q The whole truth, correct?

16 A Correct.

17 Q And nothing but the truth?

18 A Correct.

19 Q Okay. You've filed a witness list in this

20 case, haven't you?

21 A I did.

22 Q Are you calling witnesses?

23 A What do you mean, am I calling witnesses?

24 Q Okay. So (phonetic)-- we'll

25 just go through the witness list.


Page 6

1 Who's ?

2 A She's a friend of mine.

3 Q Okay. And are you intending on having her

4 come to the trial?

5 A I have no idea, honestly. I haven't been

6 given that information, in terms of who exactly is

7 coming and who is not.

8 Q Okay. You provided as a

9 potential witness to your attorney, I would assume?

10 A Correct.

11 Q Okay. And if she was to come in and

12 testify, what do you suppose she would testify about?

13 A She was going to testify to the fact that

14 her -- she left her son in the care of my husband

15 when we were both at work, and when she got there,

16 her son, who was five, was watching my then

17 one-and-a-half-year-old while my older daughter was

18 not around.

19 Q Okay. And when was that?

20 A I can't -- I don't know exactly the date. I

21 have it written down, but I don't know off the top of

22 my head.

23 Q Was it before or after the filing for

24 divorce?

25 A Oh, it was before.


Page 7

1 Q Way before the filing for the divorce?

2 A Right.

3 Q Okay. More than six months before the

4 filing of divorce?

5 A I would assume, yes.

6 Q More than nine months?

7 A I have no idea. Like I said, I don't

8 remember the exact date.

9 Q Somewhere between six months and nine

10 months?

11 A Probably.

12 Q Okay. Subsequent to that incident, did

13 Mr. ever watch your children alone?

14 A Did he ever watch -- yes, while I was at

15 work.

16 Q Right.

17 A Okay.

18 Q And you were okay with that, right?

19 A Obviously, he was my husband and the father

20 of my kids.

21 Q , who is that?

22 A My sister.

23 Q Okay. And is she currently living with you?

24 A No.

25 Q Okay. You're currently living with


Page 8

1 , right?

2 A Correct.

3 Q Okay. is listed as a witness as

4 well, correct?

5 A Correct.

6 Q Okay. What do you anticipate that

7 would testify to?

8 A She was witness to a road rage that he had

9 with me and her and my daughter in the car.

10 Q Okay. When was that incident?

11 A Off the top of my head, I do not remember.

12 It was before my other daughter was born, so

13 it would have been before June of 2010. I was

14 pregnant at the time.

15 Q Okay. , who you currently

16 live with, correct?

17 A Correct.

18 Q What do you anticipate that she's going to

19 testify to?

20 A She had been witness to bruises that were on

21 my arm.

22 Q Okay. And when were those bruises on your

23 arm?

24 A I would say probably around 2011.

25 Q Okay.


Page 9

1 A Somewhere in that timeframe.

2 Q Okay. So this is before you had an

3 injunction filed against you?

4 A Correct.

5 Q Have you ever gotten violent with Mr.

6 before?

7 A I have defended myself against him, yes.

8 Q You never aggressively struck Mr. ?

9 A I have -- I always defended myself against

10 him -- he was -- while he was pushing me or whatever

11 else that he was doing.

12 Q Okay. So you've physically struck Mr.

13 before?

14 A When I was defending myself.

15 Q Okay. Did you ever seek counseling for

16 that?

17 A I have not.

18 Q Did you ever seek any mental health

19 treatment for physical addictions?

20 A I have not.

21 Q Ms. ?

22 A Uh-huh.

23 Q Who is that?

24 A She was a family friend, a newer family

25 friend that we met through 's soccer. And she


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1 was -- her and her husband and her daughter and her

2 son were all over at the house the weekend that

3 said that that incident happened.

4 Q What's the incident?

5 A The incident he said where I became

6 physically violent with him.

7 Q Okay. Did you become -- tell me about the

8 incident.

9 A That incident was one where he -- we got

10 into an argument. He started to get aggressive. I

11 pushed him back. There was some fighting.

12 Q When you say -- look back at it.

13 A Okay.

14 Q Do you remember the incident?

15 A I remember the bigger bits and pieces of it,

16 yes.

17 Q Okay. Was this a nighttime incident or

18 daytime?

19 A I believe it was a nighttime one.

20 Q Okay. But you're not sure if it was

21 nighttime?

22 A I believe it was nighttime.

23 Q Okay.

24 A I'm pretty positive.

25 Q Were you at the house at the time of the


Page 11

1 incident?

2 A We were at the house.

3 Q Okay. Had you been at the house the entire

4 day?

5 A I don't know if it was -- I think -- see, I

6 don't remember if it was a Saturday or a Sunday.

7 If it was a Saturday, then we would not

8 have, because there would have been a soccer game

9 that day, so we would have been out of the house for

10 part of the day.

11 Q Okay.

12 A But I do not recall what weekend day that it

13 actually was.

14 Q Okay. But you remember bits and pieces of

15 it, correct?

16 A Correct.

17 Q Okay. And we believe it was a nighttime

18 event?

19 A Correct.

20 Q Okay. Were you drinking?

21 A I don't know. I might have had a glass of

22 wine or two. I'm not sure.

23 Q You might have had one glass of wine?

24 A I might have had a glass of wine or --

25 Q You might have had two glasses of wine?


Page 12

1 A Uh-huh.

2 Q You might have had three glasses of wine?

3 A I don't know how many I might have had.

4 Q Okay. Might you have had four glasses of

5 wine?

6 A I don't know.

7 Q Is it a possibility?

8 A I don't know.

9 Q Okay. And you wouldn't know if you'd had

10 five glasses of wine?

11 A Like I said, I don't know exactly how much I

12 had to drink. I don't think it was five glasses of

13 wine, but I don't recall if it was one or two. I

14 don't know.

15 Q Okay. You were drinking that night?

16 A I -- yes, because we -- I think that was

17 also the night that they were over, so actually the

18 entire group of us were drinking.

19 Now that I recall, it was a Saturday. And

20 the entire family was over. We ordered pizza. And

21 everybody was drinking, yes.

22 Q Okay. And by "everybody," clearly we don't

23 mean the children?

24 A No, not the children.

25 It was me, , , and her husband.


Page 13

1 Q Okay. And and her husband are --

2 they were neighbors?

3 A They lived fairly close, yes.

4 Q Okay.

5 A They weren't neighbors, but they were a

6 couple of neighborhoods away.

7 Q And they were -- she was a soccer mom; is

8 that correct?

9 A Correct.

10 Q Okay. What soccer team was that?

11 A It was a just a regular rec team up at the

12 Land O' Lakes rec complex. I don't remember what

13 the --

14 Q This was 's team?

15 A Yeah.

16 Q How long had she played soccer up at the

17 rec?

18 A Off and on, since she was -- since I first

19 had moved there. So off and on, probably since she

20 was -- I want to say six or seven is when she first

21 started. She skipped, like, a year or two, and then

22 restarted again.

23 Q Okay. How old is she now?

24 A She is 12.

25 Q Okay. And did she always play at the same


Page 14

1 place?

2 A She did.

3 Q So did she have friends on that team?

4 A She did.

5 Q Okay. One of these friends, I would assume,

6 would be Ms. 's child?

7 A Yes. They just had become friends that

8 year, yes.

9 Q Okay. Did she like playing soccer?

10 A Yes.

11 Q Does she still play soccer?

12 A No.

13 Q When did she stop playing soccer?

14 A She stopped playing after I moved out of

15 there. I needed to move. And the back and forth, it

16 wasn't feasible.

17 Q Okay. Because you were no longer in the

18 same town, correct?

19 A Right. Because we split custody, so it

20 makes it kind of hard.

21 Q -- are you suggesting that

22 she can never play soccer because of split custody?

23 A I'm suggesting with the events that took

24 place with the injunction and the fact that I was

25 forced out of my house, I -- that wasn't a priority


Page 15

1 at the time for me, and obviously not for

2 either. Otherwise, he would have enrolled her.

3 Q Okay. You're exercising a 50/50 timesharing

4 plan right now?

5 A Right now, correct.

6 Q Right now, meaning you anticipate that

7 that's going to change?

8 A Right now, meaning that that's what we're

9 doing right now.

10 Q Okay. Are you going to ask the court to

11 change that plan?

12 A It's in my divorce papers, yes.

13 Q Okay. Regardless of whether or not it's in

14 your divorce --

15 A Yes, I'm asking -- yes, I'm asking for the

16 court to do that.

17 Q And what are you asking the court to change

18 it to?

19 A For me to have primary custody and for

20 to have visitation every other weekend and on

21 Wednesdays.

22 Q Okay. And by Wednesdays, does that mean

23 Wednesday overnight?

24 A No. Wednesday dinner.

25 Q Okay. And why? Why do you want to change


Page 16

1 it?

2 A Because I would like my kids to -- I

3 never -- I never wanted it to be 50/50. It's just

4 what happened, but --

5 Q Okay.

6 A It's because I would like my kids to have a

7 normal life and be able to -- I would like for

8 to be able to go to a normal school and not a

9 virtual school. I would to be enrolled in

10 preschool. So I would like them to have a normal

11 kids' life. And with us living further apart, it

12 makes it kind of hard.

13 Q Okay. How long did you live in Pasco

14 County?

15 A Seven years, I think.

16 Q Seven years?

17 A Uh-huh.

18 Q Obviously, you had friends in Pasco County,

19 right?

20 A I had a few, uh-huh.

21 Q One of them being Ms. , right?

22 A Yep.

23 Q Okay. Friends enough that you were able to

24 list her on a witness list, correct?

25 A Well, she was witness to that weekend, so


Page 17

1 that's why I listed her as a witness. It had nothing

2 to do with her being my friend.

3 Q Okay. And by "a few," how many -- how many

4 friends did you have up there?

5 A I don't know. With work and everything

6 else, I have no idea. I don't know.

7 Q Were you working in Pasco County?

8 A Yes. Not for the whole seven years, but for

9 about three years, yes.

10 Q Okay. And that means was in Pasco

11 County for seven years?

12 A Correct.

13 Q Like you said, she'd been playing soccer for

14 years, right?

15 A Off and on, uh-huh.

16 Q Had a bunch of friends up there, right?

17 A Yep.

18 Q Okay. Where did go to school?

19 A Lake Myrtle.

20 Q Okay. How long did she go to Lake Myrtle?

21 A Her entire elementary school.

22 Q Okay. How far away was Lake Myrtle from the

23 home that you guys lived in?

24 A Probably less than a mile.

25 Q Less than a mile?


Page 18

1 A Uh-huh.

2 Q Did she walk to school? Did she take a bus?

3 A She was always dropped off by me or Eddy.

4 Q Okay. And then she was picked up?

5 A Yes.

6 Q Who picked her up?

7 A Depending on work schedules, it was either

8 me or 's parents picked her up.

9 Q Okay. Now --

10 A And obviously, if was off of work, then

11 he would pick her up.

12 Q Sure.

13 Well, you were working at Bed Bath and

14 Beyond for --

15 A Bath and Body Works.

16 Q Bath and Body Works.

17 So Bath and Body Works, that's in the mall;

18 is that right?

19 A Correct.

20 Q What mall were you working at?

21 A I started at Countryside, which is in

22 Pinellas County, and then I went to Wiregrass, which

23 is in Pasco.

24 Q Okay. Did you work in the actual store

25 itself, or was it more corporate?


Page 19

1 A No. It was the store.

2 Q Meaning that some days you had to close down

3 the store?

4 A Correct.

5 Q Okay. If you were to close down the store,

6 how often did you have to do that in a given week?

7 A Twice is what we were usually mandated to

8 do.

9 Q Okay. And then what time would you get off

10 of work?

11 A It would all vary, because during holidays

12 it would be very late, because we were an extremely

13 busy store and --

14 Q How late would be "very late"?

15 A It would depend. Inventory -- we would get

16 off anywhere from 10 to probably 2 or 3 o'clock in

17 the morning, depending on what time of year it was.

18 If there was inventory, inventory happened after

19 hours. It would all depend.

20 Q Okay. Non-holiday season, what time would

21 you get off of work?

22 A Between 10 and 11.

23 Q Okay. What was 's bedtime?

24 A 's bedtime was 9 o'clock.

25 Q Okay. So at least twice a week


Page 20

1 would be in bed by the time you got home?

2 A Correct.

3 Q Meaning that put her to bed?

4 A Correct.

5 Q Meaning that got her ready for bed?

6 A Yes.

7 Q Meaning that fed her dinner?

8 A Yeah.

9 Q Okay. Meaning that was responsible for

10 making sure whatever school or chores were done?

11 A Right.

12 Q Okay. And he did that twice a week, at

13 least, correct?

14 A Uh-huh.

15 Q And what about the other days that you

16 didn't close, what was your shift?

17 A Usually 9 to 5, or 9 to 6.

18 Q 9 to 5, 9 to 6.

19 And if it was a 9 to 5, or a 9 to 6, would

20 that mean that you got home at what time?

21 A Right after work, 5:30, 6 o'clock, 6:30.

22 Q Okay. So on those days it would usually be

23 either or his parents that picked up ?

24 A Usually it would be his parents, because

25 that would be usually during the week is when I would


Page 21

1 be doing the opening shifts. So usually his parents

2 would pick her up. And then either on my way home,

3 or if got home early, one of us would pick her

4 up then.

5 Q Where did 's parents live?

6 A They live in Carpenter's Run, so they live

7 off of -- it's less than five minutes from our house.

8 Q Okay. So they were close too?

9 A Uh-huh.

10 Q So you were able to lean on them, to some

11 extent, right?

12 A Correct.

13 Q Okay. Did you ever work weekends?

14 A Yes.

15 Q What weekends would you work?

16 A Usually every weekend but one.

17 Q That means three out of four?

18 A Uh-huh.

19 Q So typical weekends you would work?

20 A Uh-huh.

21 Q Meaning that the kids would be with ?

22 A Uh-huh.

23 Q Okay. So three out of four weekends the

24 kids were with ?

25 A Uh-huh.


Page 22

1 Q Okay. What year did you start with -- and

2 I'm sorry. Was it Bath and Body Works?

3 A Uh-huh.

4 Q What year did you start with them?

5 A 2006.

6 Q Okay. Why can't have the kids majority

7 timesharing?

8 A Because I feel like I was the primary

9 caretaker when they were with me. I would do their

10 homework, feed them, do the things you're supposed to

11 do, go to the doctor, parent/teacher conferences. I

12 feel like I'm a better fit.

13 And with what's going on in 's life

14 right now, I feel like it's just a bitter fit for

15 them.

16 Q Is living with his parents right now?

17 A No, he's not, but he's living with his

18 girlfriend.

19 Q Does have a full-time job right now?

20 A Yes.

21 Q Okay. Do you have a full-time job right

22 now?

23 A I am considered full-time, uh-huh.

24 Q Okay. Meaning how many hours a week do you

25 devote to your job?


Page 23

1 A It depends if I have the girls or not. If I

2 have the girls, not very much. If I don't have the

3 girls, then I devote more time to it.

4 And it's considered, I think, an independent

5 contractor, so it's basically what hours you want to

6 work you work, and you can work whatever schedule you

7 want to work.

8 Q Okay. When was the last time you sold a

9 house?

10 A I believe -- I don't know if it closed in

11 January or February. I think it was February.

12 That's my only home that I sold. I haven't

13 been doing it very long.

14 Q You sold two?

15 A I sold one.

16 Q Would you be surprised if Century 21 said

17 you sold two?

18 A My mother has sold two.

19 Q Okay.

20 A I sold one. My mother has sold two. I sold

21 one.

22 Q Did your mother sell a house on July 1st?

23 A I believe so, yes.

24 Q Okay. Was your mother out of town on July

25 1st?


Page 24

1 A That's when it closed. And I had nothing to

2 do with that. She was actually doing a co-listing

3 with somebody else.

4 So if you're referring that I went to the

5 closing and sold the house for her, that's not true.

6 Q I'm asking you. I'm not referring.

7 A Okay. Well, she -- you can look and see who

8 she co-listed it with.

9 Q Okay. And to go back to what we talked

10 about at the very beginning, you understand the

11 purpose of this depo is for me to ask you questions?

12 A I understand.

13 Q Okay. And so I'm going to ask you questions

14 and ask that you answer them. Okay?

15 A Okay.

16 Q You were telling me that you were the

17 primary caregiver for the children, correct?

18 A Uh-huh.

19 Q Okay. But factually, that doesn't seem to

20 be the case?

21 A It does seem to be the case.

22 Q Okay. Do you understand why I'm confused,

23 when, you know, that --

24 A I do, yes.

25 Q Why am I confused?


Page 25

1 A Because you're not taking into account

2 that -- you're just looking at strictly my schedule.

3 You're not taking into account of what a day

4 in 's life looked like.

5 A day in 's life was very much about

6 . It was, let me go ahead and when you're not

7 closing at night, I'm going to go ahead and I'm going

8 to come home and take a nap and I'm going to go work

9 out and I'm going to leave the kids with you while I

10 go to work out.

11 So you're not looking at the big picture.

12 You're just looking at my schedule right now.

13 And there were times that would work

14 late too. There were times that would work on

15 weekends too.

16 So I understand what you're saying, but at

17 the same time, I also -- I'm talking about more than

18 just whose schedule was better. I'm looking at the

19 big picture.

20 Q Right.

21 But in the big picture, we know that you

22 closed two nights a week, right? Right?

23 A Correct.

24 Q Okay. Meaning that at least two nights a

25 week your children were put to bed, cared for and --


Page 26

1 A That would also mean that five days a week I

2 would be the one that would do it. So if we're going

3 to talk about who did it more, then that would

4 actually be me.

5 Q went to school, right?

6 A Correct.

7 Q Okay. And but she didn't go to school on

8 Saturday and Sunday?

9 A No.

10 Q And we know that you worked three out of

11 four Saturdays and Sundays?

12 A Correct.

13 Q Meaning that watched three out

14 of four weekends?

15 A Sometimes, unless he dropped her off at his

16 parents, yes.

17 Q Okay. In any case, it sounds like both

18 parents were involved with the children; is that

19 correct?

20 A Yes. I never said wasn't involved.

21 Q Okay. But you're trying take away time from

22 , aren't you?

23 A I'm trying to do what's best for my kids.

24 It has nothing to do with taking anything away from

25 . I don't -- I'm not -- I've never prohibited


Page 27

1 him to see his kids, like he has with me.

2 So if we're going to go that route, I've

3 never once told she can't see her father.

4 I'm not trying to take away time from him.

5 Q Is this a revenge thing?

6 A Not at all.

7 Q Have you not told your friends that you were

8 going to take, quote, " to the cleaners"?

9 A I don't really know if I have or not. I

10 don't know.

11 Q Okay. Have you Facebooked publicly, so

12 everyone could see it, that you would, quote, "take

13 to the cleaners"?

14 A I honestly have no idea. I don't know.

15 Q Okay. Have you thought about moving back to

16 Pasco County?

17 A Absolutely not.

18 Q Why not?

19 A Because my support system is in Pinellas

20 County. And I'm a single mom. I have nobody to rely

21 on up there. And all of a sudden another year and a

22 half has gone by. And I'm not going to rely on his

23 family.

24 So I need to be with my support system,

25 which is in Pinellas County. Plus I work there now.


Page 28

1 Q Okay. So you want to take the children away

2 from both and the place that they've known

3 pretty much their entire life, and the paternal

4 grandparents, correct?

5 A I don't know where you're talking about

6 taking them away. I'm not saying I'm taking them

7 away. I don't -- so I'm going to say no to that,

8 because I'm not saying I'm taking them away.

9 Q But you want to have majority timesharing,

10 right?

11 A Correct.

12 Q Okay. Really you only want to have

13 every other weekend; is that right?

14 A Plus vacation time, plus holidays.

15 Q Okay. How old is your mother?

16 A 61, I believe.

17 Q 61.

18 How old is your father?

19 A 58 or 59.

20 Q Okay. Is your father working?

21 A Yes.

22 Q Okay. What does he do?

23 A He's an engineer.

24 Q Okay. Your mother, is she working?

25 A Uh-huh.


Page 29

1 Q Okay. She's doing the same thing you're

2 doing?

3 A Uh-huh.

4 Q Do you work together on homes?

5 A No. Haven't yet.

6 Q Completely separate?

7 A Completely separate.

8 Q She hasn't sold much in the way of homes,

9 has she?

10 A I think she sold two. She's sold one more

11 than I have.

12 Q You've been doing this for how long? When

13 did you start?

14 A Late last year, so I think Novemberish. So

15 whatever that would be, seven months, eight months.

16 Q Okay. Are you able to project what your

17 earnings are going to be this year?

18 A No, I'm not.

19 Q Do you anticipate that you're going to sell

20 any more homes this year?

21 A I have one -- yeah. I have one seller that

22 I'm working with, and then another potential seller.

23 I'm supposed to find out soon.

24 Q Okay.

25 A So yes, I do anticipate.


Page 30

1 Q Okay. And what's the value of those homes?

2 A One is, I think, 160, and the other one's

3 157.

4 Q Okay. I'm going to show you what we're

5 going to mark as Husband's Exhibit 1.

6 (Exhibit Number 1 was marked for

7 identification.)

8 THE WITNESS: And how did my husband get

9 this, just out of curiosity?

10

11 BY MR. DENMON:

12 Q Will you please take a look at it?

13 A Uh-huh.

14 Q Okay. Now, I'd asked you earlier a

15 question, if you'd ever stated publicly that you were

16 going to, quote, "take to the cleaners."

17 A Okay.

18 Q Okay. Close quote.

19 After reviewing that, you did indeed tell

20 people that you were going to, quote, "take to

21 the cleaners"?

22 A I guess I did, yep.

23 Q The last year that you guys were together

24 you made what, about $60,000?

25 A Yeah. I think a little less than that, but


Page 31

1 yeah.

2 Q Okay. The year before that you made pretty

3 close to $60,000?

4 A Uh-huh.

5 Q Last year, outside of retirement accounts

6 that you cashed in, you didn't make anything?

7 A Nope.

8 Q And this year you've made $2,900?

9 A Uh-huh.

10 Q Okay. Not sure if you have any more on the

11 horizon, but you hope so?

12 A Yeah.

13 Q You can see that that's a very, very

14 different income than what you were accustomed to

15 making?

16 A Yes.

17 Q Why are you doing that?

18 A I changed jobs. I became a Realtor.

19 Before all of this happened, was fine

20 with it. So it takes time to be able to build up.

21 Plus, with the divorce happening and the

22 injunction and keeping my kids for another three

23 months after that, my mind might not have been super,

24 super, super, super-duper clear. But I changed jobs.

25 And any Realtor can tell you that it takes a little


Page 32

1 bit of time for you to start making some money.

2 Q How many hours a week do you put into it?

3 A Like I said, it depends if I have the kids

4 or not.

5 Q Okay. Assuming you were to have the kids

6 all the time, except for every other weekend, how

7 many hours would you put into it?

8 A I would put full-time into it, because my

9 daughter would be going to an actual school and the

10 other one would be old enough to start VPK now and go

11 to preschool.

12 Q If you didn't have them full-time --

13 A Uh-huh. I would still do the same thing.

14 Q You would still work full-time?

15 A Uh-huh.

16 Q But recently you haven't been able to work

17 full-time?

18 A I've been at home with kids, because

19 's been doing virtual school and 's not

20 in preschool yet.

21 Q So every other week you're home with the

22 kids?

23 A Every other week.

24 Q Okay. Meaning that you work full-time those

25 other weeks? Is that how it plays out?


Page 33

1 A As close as I can, yes.

2 Q Does your mother help you with the children?

3 A Not at all.

4 Q Not at all?

5 A No.

6 Q Not, period?

7 A I think she might have done it maybe once or

8 twice, but her -- I can't rely on her because she's

9 working.

10 Q Does your father help with the kids?

11 A No. He works absolutely 100 percent more

12 than full-time.

13 Q How many times does he help with the kids?

14 A I don't know. Probably maybe once, just

15 like my mom. They probably did it together.

16 Q Okay. Do you pay rent right now?

17 A No.

18 Q Okay. Do you pay any of your bills right

19 now?

20 A Yes.

21 Q Cell phone, correct?

22 A Yes. Cell phone. I have a cell phone.

23 I have my insurance. I help with groceries,

24 as much as I can.

25 Q You contribute approximately $250 a month to


Page 34

1 groceries, correct?

2 A I would say, yeah, roughly that. Probably a

3 little less right now, just because funds are a

4 little lower. But yeah, I try to -- once the girls

5 come over, I take them to the grocery store and try

6 to get --

7 Q Are your parents okay with the fact that

8 you're not making any money right now?

9 A They're okay with supporting me right now,

10 yes.

11 Q And so when you mentioned earlier that you

12 want to live in Pinellas County, your main reason was

13 because there was a support structure or network in

14 Pinellas?

15 A Correct.

16 Q In what other ways do your parents support

17 you?

18 A Emotionally, mentally.

19 Q Okay. So you want to live in Pinellas

20 County because your parents emotionally and mentally

21 support you, correct?

22 A I want to live in Pinellas County so when I

23 need help with something, I have somebody that I can

24 go to.

25 Q And what do you --


Page 35

1 A There's no reason for me to live in Pasco

2 County. The only reason I had moved to Pasco County

3 was for me to be able to live there with my husband.

4 So now that that's over, there's absolutely

5 no reason for me to live there.

6 Q Where was your youngest child born?

7 A Pinellas. She lived with me and my parents

8 for the first four years because didn't pay

9 child support.

10 Q How old's your youngest?

11 A She's going to be -- well, she's four. She

12 just turned four.

13 Q Where was your youngest born?

14 A Pasco.

15 Q Okay.

16 A Actually, Hernando. I'm sorry. Hernando

17 County.

18 Q Okay. And she lived in Hernando County?

19 A No. She lived in Pasco.

20 Q Okay.

21 A But she was born in Hernando.

22 Q Okay. So she's lived in Pasco her entire

23 life?

24 A Uh-huh.

25 Q 's lived in Pasco since she was how


Page 36

1 old?

2 A Four.

3 Q Four.

4 So she started kindergarten in Pasco County?

5 A Correct.

6 Q First grade in Pasco?

7 A Uh-huh.

8 Q Okay. So your parents, they support you

9 financially, correct?

10 A Right now, yes.

11 Q Okay. And they support you emotionally,

12 correct?

13 A Yes.

14 Q And they support you physically, I think you

15 said?

16 A Mentally.

17 Q Mentally.

18 Are there any other ways in which they

19 support you?

20 A No, not that I can think of.

21 Q Okay. But we know, because you've told us,

22 that your parents don't help with the children at

23 all?

24 A I don't ask them to.

25 Q Okay. So mom's only helped one time,


Page 37

1 correct?

2 A One or two. Not very many. Less than five,

3 definitely. I don't ask them to help. That's not

4 their responsibility to be the person that's with

5 them every day.

6 Q Okay. So the only reason that you want to

7 bring the children to Pinellas is because you want to

8 be in Pinellas because your parents are financially

9 supporting you in Pinellas?

10 MS. VOGEL: Objection, form.

11 BY MR. DENMON:

12 Q What else?

13 A I need a support system. If I'm working one

14 day and I can't pick up my kids on time, I need to be

15 able to rely on somebody to pick them up. So if by

16 chance something happened that I need to be able to

17 get that done, I need to be able to call somebody.

18 If I'm in Pasco County, it's going to take

19 an hour for somebody to be able to go get them.

20 Q And by "somebody," who are we referring to?

21 A My parents.

22 Q Okay.

23 A A friend. Somebody that's going to be able

24 to help me out.

25 I'm not going to be calling 's family,


Page 38

1 so --

2 Q Why not?

3 A Because I -- why? Why would I?

4 Q Did 's family help before?

5 A Yes.

6 Q Did you rely on them before?

7 A Yes, I did, because they were my husband's

8 parents. They are no longer going to -- he's no

9 longer going to be my husband, so I won't rely on

10 them anymore.

11 Q Okay. So they've traditionally helped, but

12 you don't want to --

13 A Do you mind, can I take a break for a

14 second?

15 MR. DENMON: Sure.

16 (Off the record.)

17 BY MR. DENMON:

18 Q So 's parents traditionally helped care

19 for the children, correct?

20 A They've helped, yes.

21 Q Okay. And they've done that, I would

22 assume, since -- since you guys moved to Pasco?

23 A Yes.

24 Q Okay. And since you've been living with

25 your mom and dad, your dad's helped you with the


Page 39

1 children precisely zero times?

2 A Correct.

3 Q And your mom has helped you with the

4 children either one or two times?

5 A Correct.

6 Q And that's because mom is committed to her

7 occupation?

8 A Uh-huh.

9 Q Okay. So much so that you have been unable

10 to work full-time --

11 A No, that's not --

12 Q -- every other week --

13 A That's not what I said. I didn't say my mom

14 wasn't committed, so committed that she wouldn't help

15 me. I didn't say that.

16 I said it's not their responsibility. It's

17 mine.

18 So if I would ask them to do it, I'm sure

19 that they would, but I haven't asked them to do it,

20 because I'm their mother.

21 Q Okay. If you had the kids full-time in

22 Pinellas County, would that still continue to be your

23 responsibility, or at that point would it shift to

24 become your mom's responsibility?

25 A No. It would continue to be mine, because,


Page 40

1 like I said, my daughter would be going to school and

2 would be going to preschool.

3 Q Okay. So you are not going to lean or use

4 your parents to help with the kids?

5 A That's also why I would like to have a

6 flexible schedule like real estate, so I can go ahead

7 and be able to be there for them when they need.

8 Q Okay. But to bring it around here, it's not

9 that you need to live in Pinellas County to have help

10 from your parents with the children, because you're

11 not going to use them?

12 A I've lived in Pinellas County most of my

13 life, so it's where my support system is. There's

14 good schools there. It's where I like to be.

15 I never chose Pasco County. It wasn't like,

16 oh, this is where I want to live. It's where my

17 husband lived, so I lived there.

18 Q Okay.

19 A It has nothing to do with -- I need to be

20 able to be in a place that if for some reason

21 something happens, I have somebody to rely on. I do

22 not -- that's not the only reason why. It's one of

23 the reasons. I don't have anybody in Pasco County.

24 I just don't.

25 Q 's in Pasco County?


Page 41

1 A He sure is.

2 Q Okay. And if something was to happen, you

3 would naturally call , correct?

4 A Oh, no. We don't talk.

5 Q Okay. So going forward, if something was to

6 happen, you wouldn't call ?

7 A I mean, if something emergency-related

8 happened, like the girls got hurt or something,

9 clearly I would.

10 Q Would you -- what if you just needed help?

11 A We're not in -- we're not at that point

12 right now. Me and him aren't at the point.

13 He chose for us not to speak. That's where

14 we are right now. It's been like that for a year and

15 a half. We speak via Family Wizard.

16 I mean, I could e-mail him on Family Wizard.

17 Is he going to get it? Probably not.

18 So I mean, I don't -- I'm not really quite

19 sure what the point of that is. You know, as well as

20 he does, that we don't speak, so --

21 Q Okay. And that's something you're not

22 interested in changing, is it?

23 A I'm going to need to speak with the father.

24 He has decided not to.

25 Like I said, this wasn't my decision. I


Page 42

1 didn't say that we shouldn't speak. This was

2 something that was brought up in his papers, that we

3 need to be completely just through Family Wizard

4 because there's no communication.

5 Q So you're not interested in changing that,

6 are you?

7 A I never said that.

8 Q Originally when you went to Pinellas County,

9 you only intended to stay with your parents out there

10 temporarily, correct?

11 A What do you mean, "temporarily"?

12 Q Did you intend to move into your parents'

13 home permanently?

14 A I don't think that was my intention at

15 first. I mean, no. But I don't think I really knew

16 what exactly I was going to do. It just happened. I

17 don't -- I don't -- I don't know.

18 Q Okay. Have you made any attempts to find

19 new housing?

20 A No, I have not.

21 Q Okay. Have you applied for any jobs besides

22 the job that you currently have, which is a real

23 estate business?


25 Q Okay. When did you go to real estate


Page 43

1 school?

2 A I had applied for an online one prior to the

3 injunction happening, so that was in October. And

4 then I went to an actual real estate school over the

5 summer of 2013.

6 Q Okay. From January 2013 to June 2013, what

7 did you do?

8 A What do you mean, what did I do?

9 Q Well, did you do anything for employment?

10 A No, I did not.

11 Q Did you do anything for any sort of income

12 whatsoever?

13 A No.

14 Q Did you do any applications in that

15 six-month period?

16 A No.

17 Q In the summer of 2013 you decided to go to

18 real estate school?

19 A Right.

20 Q How long was that real estate school?

21 A It was 63 hours, I think is what it totaled

22 out to be. So it was over a period of -- it was,

23 like, a full week, and then I think partially -- a

24 partial other week.

25 Q Okay. And when that was done, how long did


Page 44

1 it take before you ended up finding employment with

2 Century 21?

3 A Probably a couple of months. I think it was

4 two or three months.

5 I passed the -- I passed the real estate

6 test at the school and then had to apply and pass for

7 the state one.

8 So once I passed that, then yes, I was able

9 to find employment.

10 Q Okay. In early 2013, did 's grandmother

11 die?

12 A I believe so. I heard it through -- yes. I

13 heard it through .

14 Q Okay. Did you post stuff on your Facebook

15 about how you wanted to shit on his dead

16 grandmother's grave?

17 A I did not, no. I did not post that. That

18 was something that somebody wrote me a Facebook

19 message about. I did not say that.

20 Q Did you engage in a conversation about that?

21 A Like I said, somebody said that.

22 Did I say it? No.

23 Q Okay. Do you have a bachelor's degree?

24 A Yes.

25 Q From where?


Page 45

1 A USF.

2 Q What year did you graduate?

3 A It took me longer than it was supposed to.

4 I think it was 2003ish, something like that. It was

5 after was born.

6 Q Okay. But before you got married?

7 A Yes.

8 Q Okay. And what was your first job out of

9 school?

10 A First job out of college, I was actually

11 still working at Blockbuster. I started working

12 there in college and then continued to work there.

13 Q Okay. And what did you make while you were

14 working there? What was your ending salary?

15 A Probably around 60.

16 Q So you made 60k a year at Blockbuster?

17 A Uh-huh.

18 Q And what year did you join Bath and Body

19 Works?

20 A 2006.

21 Q 2006. Okay.

22 So right after you got married?

23 A Correct.

24 Q And what did you make initially at Bath and

25 Body Works?


Page 46

1 A I started at 47.

2 Q Okay. And you ultimately got up to almost

3 60?

4 A With bonuses, yes.

5 Q Okay. With bonuses, you were over 60?

6 A Yes.

7 Q Okay. And you continued to work there

8 throughout the marriage?

9 A Correct.

10 Q Because your employment was terminated in

11 late 2012?

12 A October.

13 Q October 2012?

14 A Uh-huh.

15 Q Why did you lose your job?

16 A Because I changed my timecard.

17 Q Okay. Can you explain in a little bit more

18 detail what that means?

19 A I had went in and changed the time that I

20 had arrived at work, and I had got -- it's a

21 terminable policy violation. That's why I got

22 terminated.

23 Q Okay. Why did you do that?

24 A Because I had worked the 40 hours. I didn't

25 put in -- you have to clock in and out.


Page 47

1 Q Uh-huh.

2 A So I just put in a time to make it up to 40

3 hours because, I mean, everybody would forget to

4 clock in and out, and it was something that people --

5 everybody had done, and that's why.

6 It was a stupid mistake.

7 Q Okay. So then you knew that that was

8 something that would be a terminable offense,

9 correct?

10 A It was something that at the time -- I mean,

11 did I know that it -- yes. But is it something that

12 I was like, oh, I'm going to go ahead and do this?

13 No. Because, like I said, it's something that

14 everybody had done. It would be -- when we would

15 submit payroll on Sunday, we'd be there alone, and in

16 order to submit it in time, if you had to change the

17 time, you had to change the time. So yeah.

18 Q Okay. Have you committed adultery on your

19 husband?

20 A I have not.

21 Q Do you currently have a boyfriend?

22 A No.

23 Q Have you had any boyfriends since you

24 separated?

25 A Boyfriends, no.


Page 48

1 Q Okay. Dated any guys?

2 A I mean, I was kind of seeing a guy, but it

3 was not -- it was more of a friendship thing. It

4 never turned romantic at all.

5 Q Okay. In 2013 you had quite a few, I guess,

6 mini-vacations?

7 A Uh-huh.

8 Q Okay. You know what I'm talking about?

9 A Yep.

10 Q Okay. Did you go on these mini-vacations by

11 yourself, or did you go with somebody?

12 A I went on them by myself. Sometimes the

13 girls would go with me, in my care, and they went to

14 the ones that were around here.

15 Q Okay. The Tim McGraw and Rascal Flatts in

16 May, was that in Tampa, or was that elsewhere?

17 A Tampa.

18 Q Did you go by yourself on those?

19 A I went with a group of friends.

20 Q Okay.

21 A And my family, actually.

22 was there. My sister was there. My

23 mom and dad were there.

24 Q Okay. Same with Rascal Flatts?

25 A Rascal Flatts was just friends. There was


Page 49

1 no family there.

2 Q Okay. You went to Walt Disney World, I

3 guess the same week, right?

4 A Walt Disney World was for 's field

5 trip, her fifth grade field trip.

6 Q Okay. So you took her to Walt Disney World?

7 A Uh-huh.

8 Q Just you and her?

9 A Yes.

10 Q Jason Aldean, that was a couple days later,

11 where was that?

12 A That was in Tampa as well.

13 Q Okay. So between May 10th and May 26th, you

14 saw three concerts?

15 A Uh-huh.

16 Q You paid for all three concerts, your part?

17 A Yes.

18 Q Okay. Which in effect was money that you

19 cashed out from retirement accounts?

20 A (Witness nodded.)

21 Q So certainly, that's not stuff that you

22 needed to do, right?

23 A It was not a need, no.

24 Q But it was something fun?

25 A Uh-huh.


Page 50

1 Q Okay. Palm Harbor Emporium Liquor, is that

2 a liquor store that's near where you live right now?

3 A Palm Harbor's probably 30 minutes away from

4 me.

5 Q Okay. In June, when you went to the Palm

6 Harbor Liquor Store, what was that for? Do you

7 remember?

8 A I don't. I have a friend who lives up

9 there, so I'm not quite sure what the occasion was.

10 Q Okay. How far was Palm Harbor from where

11 you currently live?

12 A About 30 minutes.

13 Q Have you thought about perhaps relocating to

14 Palm Harbor?


16 Q Where are you currently residing?

17 A Seminole.

18 Q Okay. Where does your dad work?

19 A Off -- I don't know if it's considered

20 Pinellas Park or Largo, but it's off of 19.

21 Q Okay. The Sailport Waterfront Tampa, in

22 July, it looks like July 4th weekend, you spent 500

23 bucks.

24 How many days did you spend there?

25 A I think it was three, I want to say.


Page 51

1 Q Okay. Again, that was spent with money that

2 was from retirement accounts?

3 A Right.

4 Q Okay. Who did you go to the Sailport

5 Waterfront with?

6 A Me and my girls.

7 Q Okay. So you took your girls with you to

8 Sailport?

9 A Uh-huh.

10 Q Okay. Why did you take them to the Sailport

11 instead of staying at your mom's house?

12 A To get away.

13 Q To get away from where?

14 A Just to get away from the house is all.

15 Q June 11th, you spent $777, Expedia.com, for

16 travel.

17 Where did you go?

18 A That was for the Sailport, I believe.

19 Q Okay.

20 A I don't -- I'm not sure.

21 Q Okay. Sailport was July 4th weekend, right?

22 A Okay.

23 Q But in June, June 11th, you spent $777 on

24 Expedia?

25 A June -- that was -- I'm sorry. That was


Page 52

1 with my friend .

2 Q Okay.

3 A And it was -- I forgot the name of the

4 place, but it was in Naples, down by Naples.

5 Q Down in Naples?

6 A Uh-huh.

7 Q You went with , right?

8 A Yes, and her son.

9 Q And that money was, again, out of retirement

10 money, right?


12 Q Correct?

13 A Correct.

14 Q Okay. August 2nd, 2013, you took out $800

15 in cash. Do you remember why?

16 A I don't, actually.

17 Q September, you went to Fort Myers?

18 A Uh-huh.

19 Q What did you go to Fort Myers for?

20 A Just to see a friend. I went down there a

21 couple of times.

22 Q Who was the friend?

23 A It was -- his name is .

24 Q Okay.

25 A Not a boyfriend. Just a friend.


Page 53

1 Q How do you know ?

2 A He's -- like I said, he's a friend.

3 Q How do you know him?

4 A I met him. He's a friend.

5 Q When did you meet him?

6 A In 2013. I'm trying to think when.

7 Q Did you meet him online?

8 A Did I what?

9 Q Did you meet him online or in person?

10 A I originally did meet him online, yes.

11 Q Okay.

12 A And we just became friends.

13 Q Okay.

14 A And I think it was in April, maybe, March or

15 April -- no. It was probably closer to May.

16 Q Okay. Okay. Did you have a romantic

17 relationship with him?

18 A No. I wouldn't say it was romantic

19 relationship.

20 Q Did you stay -- does he live in Fort Myers?

21 A He used to live in Fort Myers, yes.

22 Q Okay. And you stayed at his house in Fort

23 Myers?

24 A Yes.

25 Q And you went bowling with him, correct?


Page 54

1 A Uh-huh. Him and his friend.

2 Q And you went to mini putt-putt?

3 A Yep.

4 Q Okay. Did you go to Cocoa Beach a couple of

5 weeks later?

6 A I did. That was just by myself.

7 Q Okay. And what were you doing in Cocoa

8 Beach?

9 A Just having a vacation.

10 Q And you stopped at the liquor store, the ABC

11 liquor store in Cocoa Beach?

12 A I did.

13 Q Okay. And that was just for alcohol for

14 just yourself?

15 A I did, yep.

16 Q You stayed at the Pier House?

17 A At where?

18 Q Was it the Hilton or the Pier House?

19 A The Hilton.

20 I don't know what the Pier House was.

21 Q Okay. And how long did you stay in Cocoa

22 Beach?

23 A I think it was two nights.

24 Q Okay. And all those places that we just

25 mentioned, those are places that you went and spent


Page 55

1 money out of your retirement?


3 Q Do you think should pay you alimony?

4 A I don't really know how to answer that.

5 Q Well, what do you think? I'm asking you.

6 A I don't really -- I don't really know how

7 alimony works, to be honest with you. I don't really

8 know what the rules are of alimony and whatnot.

9 Q Do you think should pay you money every

10 month?

11 A I don't know, honestly.

12 Q Okay. Does have a property that's

13 titled in his name?

14 A Yes.

15 Q Okay. What's the address of that property?

16 A .

17 Q Okay. Titled only in 's name?

18 A Correct.

19 Q It's a loan only in 's name?

20 A Yes.

21 Q Was the house purchased before you guys were

22 married?

23 A Right before.

24 Q The down payment that was paid on that

25 house, was that 's money?


Page 56

1 A Yes.

2 Q Okay. It was approximately $50,000, right?

3 A I don't know how much it was.

4 Q Okay. Are you asking for a value of home?

5 A I'm asking -- yes, I am.

6 Q How much?

7 A I don't know, but I mean, I put money in

8 every month. I helped pay the mortgage, so --

9 Q Okay. How much have you paid your attorneys

10 today?

11 A How much have I what?

12 Q How much money have you paid your attorneys

13 to date?

14 A Over $40,000, probably.

15 Q Over $40,000?

16 A Uh-huh.

17 Q Okay. That $40,000 that you paid them, how

18 much has come from your retirement? How much of

19 that came from your retirement?

20 A Everything was -- the last 20 did not come

21 out of my retirement. And I believe there was

22 another, I want to say $6,000, maybe, that was paid

23 for them for something that did not either. It was

24 6,000 or 5,000. I'm sorry.

25 Q So somewhere between $25- and 26,000 --


Page 57

1 A Yeah.

2 Q -- did not come out of your retirement?

3 A Correct.

4 Q Does that mean that we can assume then that

5 either $14- or 15,000 worth did come out of your

6 retirement?

7 A Correct.

8 And it may be -- I mean, I don't really know

9 the exact amount. It might even be closer to 50 that

10 I've paid them. I'd have to add it up. I'm sorry.

11 Q Okay. But we're sure that 25- to 26,000 was

12 paid --

13 A Yes.

14 Q -- from funds that were not retirement

15 funds?

16 A Correct.

17 Q Okay. Was that money that you got from your

18 parents?

19 A Correct.

20 Q Okay. Did your parents pay the attorneys

21 directly?

22 A I believe so. They did -- one time they

23 did. It was a check made out to them, I believe for

24 20 grand, from my mom.

25 And then I don't know if the $5,000 one was.


Page 58

1 That might have been actually paid in cash, but I'm

2 not 100 percent sure.

3 I know the big 20 was a check made to them.

4 Q Okay. Do you know the children's

5 preference, or Delaney's preference of where she'd

6 like to reside more?

7 A No, I do not.

8 Q Okay. What's the bedtime for when

9 she's with you?

10 A Usually around 10ish.

11 Q Okay.

12 A Sometime it's a little later, now that she's

13 not in school.

14 Q What time does she wake up in the morning?

15 A It depends. Now she wants to sleep all the

16 time because she's 12. So I usually try to get her

17 up at least by 10 now.

18 And then before, it would be 8:30, 9

19 o'clock, I'd get her up and bring her down for

20 school.

21 Q Okay. How has the -- how has the virtual

22 school thing been working, in your opinion?

23 A It's not what I wanted her -- I mean, it's

24 not what I want her to do, obviously. It's not

25 something that I chose out of thinking that it was --


Page 59

1 it was just the best at the time.

2 I know she doesn't love it. I do believe --

3 I mean, when she was going to Rushe for those two

4 months that I didn't see her, she came in with a

5 couple "F"s. She came on to virtual school with a

6 couple "F"s.

7 Q Okay.

8 A I believe if she wasn't in virtual school,

9 don't think she would have -- I honestly don't even

10 know if she would pass sixth grade, so maybe it was

11 the best for her at the time.

12 I think she needed -- I don't know. I think

13 just with everything that's going on -- she's

14 traditionally not an "F" student. She's always been,

15 like, straight "A"s, or "A"s and "B"s.

16 Q Uh-huh.

17 A So it enabled her to be able to achieve

18 grades more like she normally does, where I think if

19 she was -- if she wasn't in virtual school last year,

20 with everything that was happening, I think that she

21 would have not done as well as she ended up.

22 Q The divorce can be difficult on the kids?

23 A Yes.

24 Q Okay. Do you think 's a good dad?

25 A I think that he -- I think his kids both


Page 60

1 love him a lot. I do.

2 Q What are some of things that he's not good

3 at as a dad?

4 A I mean, I think he definitely has

5 opportunities with -- my one big thing is just

6 opportunities with spending time, like when I would

7 be at work, say on the weekend, and he would be with

8 them, he's got projects that he likes to work on and

9 so there would be a lot of, well, I'm going to go

10 work on this project and you kids stay inside.

11 I think he sometimes relies on a

12 little bit too much, just in terms of, you know, you

13 need to be the one in charge and watch your sister,

14 which she is older, but -- and I just think too --

15 some -- you know, I don't know. Some of the decision

16 making I think is also an opportunity.

17 Q Like what?

18 A Like having his girlfriend living in the

19 house while his kids don't know what's going on with

20 their mom. I don't think that was the best decision.

21 Q Okay. So what's going on with that, from

22 your understanding?

23 A With right now?

24 Q Uh-huh.

25 A She's there. I mean, I don't think she


Page 61

1 lives there full-time.

2 Q Okay.

3 A But, like, when I pick them up on Friday,

4 she's there.

5 tells me that her and her daughter

6 spend the night quite a bit.

7 That's about the extent of what I know.

8 Q Okay. Do you believe that cheated on

9 with this woman?

10 A Correct.

11 Q Okay. Why is that?

12 A Because I had seen exchanges between those

13 two via his phone. And then he got a secret cell

14 phone and then he started disappearing.

15 There were more Facebook posts from another

16 girl, but they were all out -- it was just a lot of

17 connect the dots, kind of, you know --

18 Q When did you see these?

19 A Late -- well, I shouldn't say late.

20 Fall of -- beginning of fall of 2011.

21 Q In --

22 A No. 2012. I'm sorry.

23 Q Okay. So about the time you guys separated?

24 A No. It was about six months before we

25 separated.


Page 62

1 Q When did you guys separate?

2 A I mean, we were done in February of --

3 February of 2013.

4 Q Okay. So about six months before that? Is

5 that what you're saying?

6 A Yeah.

7 Q Okay. Do you think in any way that your

8 understanding of his relationship with this woman

9 affects him as a father?

10 A I -- yes. I mean, I do. It's somebody that

11 he had a relationship with prior to anything between

12 us, so yes. I mean, I do, kind of, because it's

13 somebody that he was carrying on with before we were

14 separated.

15 Q Okay. But why do you think that affects him

16 as a dad?

17 A Because he brought the woman into our home.

18 Whether his name's on it or not, it was still our

19 home.

20 Q But why do you think that affects him as a

21 father?

22 A Because he's forced my kids to be part of

23 it. And it's not something -- you don't kick your

24 wife out of the house and then a week later have your

25 girlfriend over and spend the night. It's just -- as


Page 63

1 a parent, it's just something that you don't do. So

2 -- and that's what happened, so that's why that makes

3 me question.

4 Q Does seem adjusted to what's

5 happened?

6 A No, she doesn't.

7 Q She still wishes mom and dad were back

8 together?

9 A Yes. She just said it the other day.

10 She's 12. I think that's what normal

11 12-year-olds think, you know.

12 Q Do you think wishes mom and dad

13 lived closer to each other?

14 A I don't -- I've never heard her say that, so

15 I don't know. Honestly, I never asked her.

16 Q So you've never asked her if she preferred

17 that mommy and daddy were closer to each other?

18 A I have not. And she's never expressed that

19 to me, so I don't know. I can't answer that

20 question.

21 Q Do you think it would be better for the

22 children if mommy and daddy lived closer to each

23 other?

24 A Not necessarily, I don't. I don't. I don't

25 think so. I don't. I don't.


Page 64

1 Q Why not?

2 A Because, like I said, for me to be able to

3 be a good mom and be able to work where I need to

4 work, it's just not feasible for us to live closer

5 together.

6 It's not something that is mandated that I

7 signed that I have to stay in Pasco County for the

8 rest of my life.

9 So I mean, if wanted to move closer,

10 it's up to him, whatever, but I don't feel like it's

11 something that is going to necessarily impact the

12 kids.

13 Q You moved out of Pasco County for you?

14 A I moved out of Pasco County because when he

15 served me the injunction he said I could go there.

16 He said I could go to Pinellas County. It's written

17 down. I can live with my parents or my sister. So

18 naturally, at 10:15 at night on a Friday, where am I

19 going to go, my parents' house.

20 Q Okay. But you've been there for quite a

21 while. And I'm asking about why you moved to

22 Pinellas County. You moved to Pinellas County --

23 A Because that's where my family is now. It's

24 where my family is. It's where I'm from. It's my --

25 it's where I -- it's where I've been.


Page 65

1 There's nothing wrong with Pinellas County.

2 There are great schools there, parks, beaches. I

3 mean, it's not, you know, just for me. It's for the

4 kids as well.

5 Q But to clarify, you moved to Pinellas County

6 because that's where you're from and that's where

7 your parents are?

8 A The only place I could go, yes.

9 Q Okay. Are you currently under the treatment

10 of a doctor?

11 A I mean, I have a primary care physician.

12 Q Okay. Any other doctors?

13 A No.

14 Q Okay. Are you currently taking any

15 medications?

16 A Just thyroid medicine.

17 Q Are you taking anything for depression?

18 A I am not.

19 Q Have you taken anything for depression

20 before?

21 A I have.

22 Q Okay. When?

23 A It was after I had , until the -- I

24 would say -- so let's see. She was born in June.

25 Probably August of 2010 until May, maybe, of 2013.


Page 66

1 So I've been off of it for about a year.

2 Q Okay. So sometime after the separation you

3 got off the medication?

4 A Correct.

5 Q Who was the doctor that was prescribing that

6 for you?

7 A It was my -- at the time it was my doctor

8 that had delivered , so -- or my obstetrician.

9 Q Okay. What was the dosage that you were

10 taking? Was it an everyday dosage?

11 A It was.

12 Q Okay.

13 A I don't remember the exact amount, just

14 because it's been a little bit.

15 Q And what was the medication?

16 A I'm trying to think of the name of it. I

17 want to say Setraline is what it was. It was a

18 generic for something, but I think it was called

19 Setraline.

20 Q Okay. Why did you go off that medication?

21 A Because I felt like it was just time and I

22 felt like it wasn't something I really needed.

23 So when I started to see my primary care

24 physician, I had talked to her about it, just to see

25 if it was -- how -- you know, how I needed to wean


Page 67

1 myself off and, you know, I said I don't really feel

2 like I need it, I don't want to keep taking it.

3 So she had me wean -- she weaned me off of

4 it over a period of probably two or three weeks and I

5 was fine.

6 Q Okay. Did you have any alcohol last night?

7 A No.

8 Q When was the last time you drank alcohol?

9 A Probably about two weeks ago, maybe.

10 Q Okay. Now, the incident, as you called it,

11 with Mrs. , we know that you were drinking. We

12 don't know how much, right?

13 A Right.

14 Q Okay. What happened?

15 A We had gotten into an argument. I don't

16 recall what it was about.

17 Q Who got into an argument?

18 A Me and had gotten into an argument.

19 Q In front of Ms. ?

20 A No, no. She was already gone.

21 Q Okay. So before this incident happened,

22 Ms. left?

23 A Yes.

24 Q Okay. Why are you calling her as a witness?

25 A Because she was there that weekend. And


Page 68

1 like, for him to say that there was all of this just,

2 you know, craziness going on, yeah, there was an

3 incident, but it wasn't -- in his paperwork he was

4 claiming that I was, you know, going to kill myself

5 and I was a danger to this and I was this and this,

6 and just -- and she was the last person to see what

7 was happening, you know, to see what was going on.

8 Q What time did she leave?

9 A I don't remember. It was probably sometime

10 around 10ish, if I had to guess.

11 Q Did she leave with her husband?

12 A Yes.

13 Q And before she left with her husband, it was

14 just the four of you?

15 A No. Our kids were there too.

16 Q Were your kids awake or asleep?

17 A They were all still awake, because the kids

18 were still there.

19 Q Okay. So all the kids were there and they

20 were there?

21 A Yep.

22 Q Okay. And so somewhere around ten they

23 left?

24 A Somewhere around there.

25 Q Okay. Cops called that night?


Page 69

1 A No.

2 Q Okay. About what time -- how late did you

3 guys stay up that night?

4 A I don't remember.

5 Q Okay. So how did the incident start?

6 A We had gotten into an argument.

7 Q Okay. Who started the argument?

8 A I don't remember. I was just about to say,

9 I don't even remember what the argument was about.

10 Q Okay. So no -- we don't know what the

11 argument was about.

12 And then what happened?

13 A It had just escalated. And then he had, you

14 know, started to become physical, and I became

15 physical back.

16 Q Okay. When he became physical, what does

17 that mean?

18 A I believe he was pushing me and then he

19 pushed me down, in the bedroom. I think I remember

20 him pushing me down in the bedroom.

21 Q Okay. When you say you "believe" and you

22 "think," that makes me question whether or not you

23 exactly remember what happened.

24 A Like I told you, I remember bits and pieces

25 of it.


Page 70

1 Q Okay. So of the bits and pieces, do you

2 remember striking him?

3 A I remember -- yeah, I remember defending

4 myself back, yes.

5 Q Okay. When you defended yourself back, what

6 is it that you did?

7 A Pushed back, probably, you know, like this

8 (indicating), to get him away from me. So striking

9 his chest area, to get him away from me. You know,

10 grabbing his arms to try to get him to stop.

11 Q What room was this in?

12 A It was in the bedroom.

13 Q Okay. Were the kids in bed at this point?

14 A Yeah.

15 Q Okay. So the kids are in bed? Do we know

16 what time this is?

17 A I don't.

18 Q Okay. And we know that you did strike him

19 on the arms or the shoulders?

20 A You know, like get away from me, kind of --

21 probably in the chest area.

22 And then I'm sure at some point in time I

23 probably grabbed his arm, to try to get him to stop.

24 Q Did you take any pictures that night?

25 A No.


Page 71

1 Q Did he take any pictures that night?

2 A Not that I know of.

3 Q Okay. Did you guys have a history of

4 violence?

5 A There was different incidents that happened,

6 yes.

7 Q Okay. What was the incident before that?

8 A I don't remember when. I don't know. There

9 was -- there's definitely different times that it

10 happened.

11 There was a time that he -- I think that

12 might have been the time before that he had a gun and

13 he took out his gun and was like, here, you know,

14 just end it, or whatever. And I ended up running

15 into the bathroom and locking the door.

16 Q What year was that?

17 A Same year, 2011.

18 Q That was 2011?

19 A Uh-huh.

20 Q Okay. , who is that?

21 A Who's that?

22 Q , .

23 A Just -- it was like a family friend.

24 Q Which family's friend?

25 A My whole family, so on my side. Her


Page 72

1 brothers and her had grown up with my brothers and my

2 sister. So we had known them a long time.

3 Q Okay. Do you intend to call her as a

4 witness?

5 A No.

6 Q Okay. Do you know what she'd even testify

7 to, if you did call her as a witness?

8 A She was a witness to some of the verbal,

9 emotional stuff that put me through.

10 Q What was the last verbal or emotional abuse

11 that she witnessed?

12 A After was born, before we got

13 married, so before we kind of worked things out.

14 Probably 2004ish, maybe 2005.

15 Q All right. Before you got married?

16 A Yes.

17 Q , in Pennsylvania?

18 A Yes.

19 Q Okay. Does she still live in Pennsylvania?

20 A She does right now, yes.

21 Q Okay. Is she flying down for trial?

22 A No.

23 Q Okay. Then you must not intend to call her

24 for the trial.

25 Okay. in Dade City, with


Page 73

1 the address to be provided?

2 A That's 's best friend's girlfriend, who

3 went out with and prior to us getting

4 separated.

5 Q Okay. Do you intend to call her as a

6 witness?

7 A No.

8 Q Okay. ?

9 A Yes. That's his sister.

10 Q Do you intend to call her as a witness?

11 A I believe they do.

12 Q Okay. What do you believe 's going

13 to testify to?

14 A said that she was the one that took the

15 tag off of my car before he decided to tow it away

16 from the house.

17 Q Okay. So that's about the tag incident?

18 A Yes.

19 Q Okay. What are you driving right now?

20 A Just my Nissan Sentra.

21 Q What did it cost you?

22 A 12,000. 12,500, I think.

23 Q Is that paid off?

24 A Yes.

25 Q Okay. So you do not have any car payments?


Page 74

1 A No.

2 Q Okay. ?

3 A That's 's girlfriend.

4 Q And what are you calling her for?

5 A For testimony for their relationship.

6 Q We're going to do her depo today, so --

7 A Yeah.

8 Q ?

9 A That was 's counselor that she was

10 seeing. The last time she saw her was -- it's been

11 probably about almost a year now.

12 Q Okay.

13 A And I don't believe that we are calling her

14 as a witness.

15 Q All right. What was the total value of the

16 401(k) that -- was it a 401(k) and an IRA, I believe,

17 that was cashed out?

18 A The 401(k) was actually done prior to our

19 separation because -- to pay off bills.

20 Q Okay.

21 A knew about it. It was just an IRA that

22 I had used after separation.

23 Q Okay. And how much was that IRA valued at?

24 A I don't quite remember the exact total. I

25 want to say maybe 35, maybe, 40ish.


Page 75

1 Q And you provided those documents --

2 A I did.

3 Q -- to your --

4 A Attorney.

5 Q -- accountant, correct?

6 Do you have an accountant?

7 A I have somebody who did my taxes this year,

8 but I don't have an accountant per se, no.

9 Q Okay. Someone did your taxes for you?

10 A Yes.

11 Q Okay. So it was one account? It was just

12 the IRA account, to the best of your knowledge.

13 A I believe so. I don't know if there were

14 two. I don't know if there was two IRA accounts

15 underneath my name or just one.

16 Like I said, the 401(k) was cashed out prior

17 to this happening.

18 Q Okay. And so we know that in 2013, that

19 your tax return reflected that you had about $49,000

20 in taxable income?

21 A Right, because the 401(k) was in January.

22 So it was before. So yes.

23 Q Okay. Now, when you took that out to pay

24 debts, did you share those funds with ?

25 A Yes.


Page 76

1 Q Okay. So that was to pay off marital debt?

2 A Yes.

3 Q Okay. You did a Schedule C. You did one

4 of these business tax returns, didn't you?

5 A I don't know what they did. I'm sorry.

6 Q Okay. Did you tell them that you had a

7 business?

8 A I think they did that because of the fact

9 that I'm in real estate, but I'm not 100 percent

10 sure. I never told them that I had a business, no.

11 Q Okay. You filed an updated financial

12 affidavit in this case, right?

13 A Yes.

14 Q Okay. I'm going to show you a copy of it.

15 Feel free to take a second and take a look at it.

16 Do you need a copy?

17 A No, that's fine.

18 Q Okay. And when you're confident that I got

19 the right, let me know. Okay?

20 A Yeah.

21 Q Okay. This is the financial affidavit that

22 you executed on June 19th of this year, correct?

23 A Yes.

24 Q Okay. For monthly gross salary or wages,

25 you put $244?


Page 77

1 A Yes.

2 Q Okay. How did you come to that number?

3 A I think I just divided my commission by how

4 many months there was.

5 Q Okay. So you had one commission in 2014?

6 A Yeah.

7 Q So your thought was let me divide it by 12

8 months?

9 A Yes.

10 Q Okay. Does that seem like that's going to

11 be an accurate reflection of what your income's going

12 to be?

13 A Like I said, I don't know for sure yet. I

14 hope not, but without having anything listed right

15 now, you know, like signing off and I'm your listing

16 agent and closing, I don't -- I don't know for sure.

17 Q Okay. When do you make the decision to go

18 try to find another job?

19 A What do you mean, when do I make the

20 decision?

21 Q So clearly one can't live off of $244 a

22 month?

23 A Right.

24 Q So we would expect you to at least make

25 minimum wage?


Page 78

1 A Correct.

2 Q So when do you decide it's time to move on

3 and go back to regular employment again?

4 A It's either -- my thought process is either

5 do this, you know, 100 percent, full-time, meaning

6 every week, you know, and where I get another job and

7 do that part-time.

8 So after I -- after all of this is done and

9 things are settled and I know what's happening with

10 the kids and where they're going to be and what's

11 going on, at that point was my thought process.

12 Q Okay. So you are waiting to potentially get

13 another job and --

14 A Well, I mean, technically I really can't

15 right now, unless I work part-time. I mean, I could

16 do part-time every other week, but I haven't.

17 Q Right. Because you don't have any kid

18 support, kid help right now?

19 A Because I am watching my kids full-time when

20 they're with me, not that I don't have help.

21 Q Do you anticipate they're going to be

22 calling your mother as a witness at trial?

23 A I don't anticipate it.

24 Q Okay. Let's turn to Section 2, average

25 monthly expenses.


Page 79

1 A Uh-huh.

2 Q Now, mortgage or rent, we have nothing there

3 because you're not paying any mortgage or rent?

4 A Right.

5 Q And property taxes, you have at zero, right?

6 A Right.

7 Q Now, the telephone bill of $55, does that

8 reflect your cell phone bill?

9 A That's my cell phone.

10 Q Okay. And is that a good estimate of what

11 it is every month?

12 A Yes.

13 Q Okay. Now, the food you have at $400,

14 right?

15 A Uh-huh.

16 Q How did you come to that number?

17 A Just roughly kind of guessing what I spend

18 every week at the grocery store, how much it would

19 cost. Obviously I spend more when they're with me

20 than I do when they're not with me.

21 Q Okay. Now, you did an additional

22 interrogatory in this case. Do you remember doing

23 that, writing the answers out?

24 A Yes.

25 Q Okay. And on that interrogatory you said


Page 80

1 that you contribute $250 a month to groceries?

2 A Yes.

3 Q And then earlier today you had mentioned to

4 me that you contribute $250 a month in groceries?

5 A Yes.

6 Q Okay. So what do you actually contribute

7 every month while you're living with your parents?

8 A I'm going to say -- well, I mean, 250, 300

9 basically. It depends what I buy, what I don't buy.

10 400. I don't buy the same things every time that I

11 go.

12 Right now it's not even close to that, just

13 because I don't have the funds right at this moment

14 in time. So it just -- it varies on what I get, how

15 often I go, what the girls need, things like that.

16 Q Okay. So that's a number you put on your

17 financial affidavit, but you probably don't really

18 spend that much money?

19 A I'm not going to say I probably don't. I'm

20 going to say that it's a guesstimate on average of

21 what I would -- what I do and what I would spend.

22 So like I said, it varies every month. It

23 makes it a little difficult to do.

24 Q Okay. Now, the meals outside the home, how

25 did you come to that number?


Page 81

1 A I think how many times we would go out to

2 eat and how much we would spend, just trying to think

3 of an average.

4 Q And by "we," who are you talking about?

5 A Me and the girls.

6 Q You and the girls. Okay.

7 The gasoline, how did you come to that

8 number?

9 A I fill up once a week. It's about 40

10 bucks. So just 40 times, you know --

11 Q Okay.

12 A It's a rough estimate.

13 Q Okay. And then insurance, how did you come

14 to that number?

15 A That's just my insurance every month.

16 That's just an insurance bill.

17 Q Okay. And of course, you provided some of

18 this information to your accountant, correct, the

19 person that did your taxes?

20 A I don't think I ever gave him my monthly

21 expenses, no. I mean, I gave them my -- the forms to

22 go to my IRS stuff, but I don't know if I -- I don't

23 think I ever provided that for them.

24 Q Okay. Have you reviewed the tax return

25 before you signed it?


Page 82

1 A I did look at it.

2 Q Of course you did, because you signed it

3 under oath, right?

4 A I did look at it.

5 Q Okay. Clothing, $50 a month, where did you

6 come to that number? It's just a guesstimate as

7 well?

8 A Well, it was just based off of, you know, if

9 they need new shoes -- you know, they don't need new

10 shoes every month, but I've got to get two pairs, so

11 dividing it by two, just kind of going through and

12 seeing what it is that I actually would spend for

13 them right now at this time.

14 Q Okay. And the same thing for grooming,

15 right?

16 A Correct.

17 Q Okay. Under payment to creditors, there's

18 an IRS debt?

19 A Correct.

20 Q What does that reflect?

21 A That's just what I owe for my income taxes

22 for last year.

23 Q For 2013?

24 A Correct.

25 Q Okay. So that would be an estimated monthly


Page 83

1 payment?

2 A Correct. Because I haven't gotten a final

3 payment amount yet.

4 Q Okay. Based on the fact that you cashed out

5 the retirement --

6 A Correct.

7 Q -- but didn't save any of that money for

8 taxes?

9 A Correct.

10 Q And so this affidavit, because you just

11 filed it, this reflects a good understanding of what

12 your current expenses are, right?

13 A Correct.

14 Q Okay. And are your parents going to kick

15 you out at any time in the near future?

16 A No.

17 Q Okay. Did they tell you that you could stay

18 as long as you want?

19 A Yes.

20 Q Do they give you access to any credit cards?

21 A No.

22 Q Do they give you any additional cash?

23 A Yes, sometimes.

24 Q Okay. How much cash do they give you?

25 A Just depending on what I need it for. You


Page 84

1 know, I would say not very much lately. More so

2 earlier, like I said, to help pay for my attorney's

3 fees.

4 You know, every once in a while she'll be

5 like, let me get you a tank of gas. So it just

6 depends on what -- kind of what they offer per se,

7 what they want to pay for.

8 Q Okay. When's the last time that they gave

9 you cash?

10 A I don't know. Sometime within the last

11 month, probably.

12 Q Okay. And how much was it?

13 A I think it was 100.

14 Q Okay. And the last time before that, when's

15 the last time they gave you cash?

16 A I'm not sure.

17 Q Just whenever you need it, you ask them to

18 give you cash?

19 A If I desperately needed it, yes. Otherwise,

20 if they offer to pay for something or offer to let me

21 go buy some clothes, you know, then I'll be

22 like okay.

23 Q Sure.

24 Okay. If you could turn to the assets

25 section of your financial affidavit. You have a


Page 85

1 value for real estate home?

2 A Uh-huh.

3 Q How did you come to that number?

4 A Just looking it up online.

5 Q Okay. That home, is that the home that's

6 titled in Mr. 's name?

7 A Correct.

8 Q With the loan that's in his name?

9 A Correct.

10 Q Okay. That number that you looked up

11 online, is that a number that you looked up in June?

12 A It was a number that I had looked up in -- I

13 don't know if it was May or June, but yeah.

14 Q Okay. So to your knowledge, that reflects a

15 recent number as opposed to a number back when you

16 guys separated?

17 A Correct.

18 Q Okay. Since you guys have been separated,

19 how much money have you paid towards the mortgage?

20 A Since we've separated, I haven't paid

21 anything.

22 Q Okay. How much money have you paid towards

23 personal property taxes?

24 A Nothing since we separated.

25 Q Since you separated, how much money have you


Page 86

1 paid towards upkeep of the home?

2 A Nothing since we've separated.

3 Q Okay. The Visa card that's under

4 liabilities, you have an estimate of $4,000?

5 A Correct.

6 Q What's that represent?

7 A That's the credit card that he was supposed

8 to pay off with the money that I took out of my

9 401(k). And in our hearings he says he still hasn't

10 paid it off yet. So I don't have access to see

11 exactly what -- that's why it's estimated. I don't

12 have access to see exactly what the amount owed is.

13 Q Your student loans, all those were accrued

14 before you got married, correct?

15 A Correct.

16 Q So you have no problem admitting that

17 they're nonmarital?

18 A Correct.

19 Q Okay. The IRS debt was accrued after you

20 guys separated?

21 A Right.

22 Q So it's your position it's nonmarital,

23 correct?

24 A Correct.

25 Q That Moffett Cancer Center bill of 1,200


Page 87

1 bucks, is that still outstanding?

2 A It is.

3 Q Okay. What year does that bill stem from?

4 A October of 2011.

5 Q Okay. Any issues with cancer right now?

6 A Not at this moment.

7 Q Okay. So is your health good right now?

8 A Yes.

9 Q So you're good to work and take care of the

10 kids?

11 A Yep.

12 Q You attached a list of personal property,

13 didn't you?

14 A Yes. I don't have that list.

15 Q I don't think I have the list with me.

16 A Okay.

17 Q You have an estimated value of a little over

18 $10,000; is that correct?

19 A Correct.

20 Q Okay. And then you have an estimated value

21 for 's vehicle that's on blocks, right?

22 A He's got three, to my knowledge, but yes.

23 Q Okay. What are the three vehicles?

24 A He's got a red truck, a red pickup truck, a

25 '60-something Camaro and an '81 Trans-Am.


Page 88

1 Q Okay. What do you think the '81 Trans-Am's

2 worth?

3 A I don't have it here in front of me, but I

4 had just looked up kind of what the value of the car

5 would be, because he had put, like, $50, and I think

6 one he even left out. So I just looked up kind of

7 what their market value would be in an online Auto

8 Trader and added it all up and got that number for

9 those three.

10 Q Okay.

11 A I don't remember exactly what the breakdown

12 was.

13 Q Okay.

14 A It's in one of the disclosures.

15 Q So this value that you put on there, this

16 10,225, this was your best bet of a value, right?

17 A The 10,225 was my personal property.

18 Q Okay.

19 A The 19,400 is what I got off of Auto Trader,

20 just looking up the year and all of that.

21 If you're talking about -- are you talking

22 about for the automobiles?

23 Q Yeah, exactly.

24 A Yes.

25 Q Okay. Now, that $10,000 for personal


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1 property, that's in 's position?

2 A Correct.

3 Q Okay. Do you want it?

4 A Yes.

5 Q Okay. So if you take it, you agree that the

6 value of that personal property is $10,225?

7 A Roughly, yes.

8 Q Okay. Now, the automobiles, do you want any

9 of those automobiles?

10 A Do I want the automobile?

11 Q Yes.

12 A Not necessarily want the automobile, no.

13 It's his project car, but it was bought with our

14 funds.

15 Q Okay. Do you want to take the two vehicles

16 and have him keep the Trans-Am?

17 A No. I would just like what's owed out of

18 them. I don't want the cars. I have no need for the

19 cars.

20 Q Okay.

21 A And --

22 Q Do you anticipate that he's going to

23 disagree with the value?

24 A Yes, I do.

25 Q Because those are values of cars that are


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1 running, correct?

2 A I don't know. There was different levels of

3 cars, you know, poor, fair, excellent, or whatever.

4 Q Okay. And what did you use?

5 A I want to say I used the poor.

6 Q Okay.

7 A But it was a lot higher than what had

8 written down on his financial affidavit as to what

9 they were worth.

10 Q Okay.

11 A So I think it was -- you know, they're not

12 worth $5 right now or $50, or whatever it was that he

13 was wrote down.

14 Q Any problem liquidating them and sharing the

15 profit?

16 A No. I mean, he can do whatever he wants to

17 do with them. I just think that, you know, they're

18 marital -- it's something that we bought together

19 because he wanted it and it's, you know, just an

20 asset.

21 Q Okay. Did you have a 401(k) or an IRA when

22 you guys got married?

23 A Did not have an IRA. I know that.

24 I'm trying to remember if I had a 401(k)

25 when I worked for Blockbuster. I want to say I did


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1 have one, and then rolled it into the 401(k) for Bath

2 and Body Works.

3 I did not have an IRA.

4 Q Okay. So that value of that IRA that was

5 liquidated, that's something that you guys worked

6 together to accrue?

7 A Yeah. The -- I mean, we have two separate

8 IRAs. I mean, it would come out of each of -- you

9 know, his -- I think we did, like, $400 a month, at

10 least for a while, and then maybe dropped it down a

11 little lower.

12 His would come out of his paycheck for his

13 IRA and mine would come out of mine for mine.

14 Q Okay. Did you bring credit card debt into

15 the marriage?

16 A Into the marriage? I don't think so. I

17 think it was paid off beforehand.

18 Q Did help you pay that off?

19 A He did, yes.

20 Q Okay. And did he cut you a check to help

21 you pay off the credit card debt?

22 A Yes.

23 Q Did he cut you a check of approximately

24 $10,000 to help pay off the credit card debt?

25 A I don't think it was 10 grand, though.


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1 Q Okay.

2 A But I thought it was -- I don't know for

3 sure. Like I said, it was back in 2005.

4 Q It was in the thousands?

5 A Yes, it was.

6 Q And now as we sit, we have -- the only

7 credit card debt we have is an estimate of $4,000?

8 A Yes.

9 Q Okay. Did you have any real property before

10 you got married?

11 A What do you mean, "real property"?

12 Q Did you have a house?

13 A No, I did not.

14 Q Were you living in an apartment?

15 A No.

16 Q Okay. Were you living with your parents?

17 A Yes.

18 Q Okay. And where did you parents live before

19 you guys got married?

20 A Same house.

21 Q Same house?

22 A Yes, in Seminole.

23 MR. DENMON: Okay. Thank you very much.

24 That's all I have.

25 Your attorney might have some questions for


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1 you, or your attorney might not.

2 MS. VOGEL: No, not at this time.

3 And did you want to read or waive?

4 THE WITNESS: I'll waive.

5 (Exhibit Number 2 was marked for

6 identification.)

7 (The deposition concluded at 11:40 a.m.)

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Page 94

CERTIFICATE OF REPORTER

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

I, KRISTINA HAECK, certify that I was authorized

to and did stenographically report the foregoing

deposition and that the transcript is a true and

complete record of my stenographic notes.

I further certify that I am not a relative,

attorney or counsel for any of the parties' attorneys

or counsel connected with the action, nor am I

financially interested in the action.

DATED this 8th day of July, 2014.

_____________________________

KRISTINA HAECK Certified Court Reporter


Page 95

CERTIFICATE OF OATH

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

I, the undersigned authority, certify that

the deponent in this matter personally appeared

before me and was duly sworn.

WITNESS my hand and official seal this 8th

day of July, 2014.

_____________________________

KRISTINA HAECK Certified Shorthand Reporter Notary Public, State of Florida Commission No. EE835006 My Commission Expires: 09/16/16

Transcript of the Testimony of - Denmon Pearlman of the Testimony of Date: July 8, 2014 Volume: I...

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Transcript of Transcript of the Testimony of - Denmon Pearlman of the Testimony of Date: July 8, 2014 Volume: I...