Florida Fifth DCA and Former Husbands (appellant) Brief Showing Attorney Fraud and Perjury

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DISTRICT COURT OF APPEAL, FIFTH DISTRICT STATE OF FLORIDA Case Number: 5D12 -4159 DANIEL F. WALSH, Appellant, vs.

OLGA T. WALSH Appellee,

L.T. IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, N AND FOR ST. JOHNS COUNTY, FLORIDA CASE NUMBER: DRO7-l665

INiTIAL BRIEF OF APPELLANT DANIEL F. WALSH

Daniel F. Walsh 2656 Stem Drive South Atlantic Beach, Florida 32233

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2012

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øFAPPE.AL FrH DiSTRICT


TABLE OF CONTENTS: i

Table of Citations .................................. Issues Presented for Review

......................... Statement of the Case and Facts .......................

2, 3

3, 4

Summary of the Argument ............................ 4, 5

Argument ............................... 5, 6, 7, 8, 9, 10 Conclusion.......................................... 10 Certificate of Service .................................

11

Certificate of Compliance with Font Requirement ........... 11


Page

TABLE OF CITATIONS:

Diffenderfer y. Diffenderfer, 491 So. 2d 265 (Fla.1986) ................................ (2)

Mattera y. Mattera 629 So. 2d 1106, 1108 (Fia. 4th DCA 1994) ....... (2) Staton y Staton, 710 So. 2d 744, 745 (Fia. 2d. DCA 1998) ......... (2) Trepp y Trepp 964 So. 2d 206 (Fia. 5th DCA 2007) ................. (4) Bongiorno y. Yule

920 So.2d 1209, 1210 (Fia. ist DCA 2006) ...... (5) Cunningham y. Cunningham, 918 So.2d 412, 414-15 (FIa. 2d DCA 2006) ...... (5)

Statutes And Other Legal Authorities:

Page

Florida Statute 61.075, 6 1.075, (6), (d) ....... 2, 4

Florida Statute 61.08, (1) .............................. 2 Florida State 61.08, (2), (h) ............................. 3

Florida Statute 61.08 .................................. 4, 7

Fiorida Statute 61.08, (4) .............................. 5 Florida Statute 837.02, 817 ........................... 9 Florida Rules of Professional Conduct 4-8.4, (a,b,c,d)

9

The Fiorida Bar Journal, October, 2004 Volume LXXVIII, No. 9, Overview of Fiorida Alimony, by Victoria M. Ho and Jennifer L. Johnson ......... 4 Attachments : (A, p.3), (B, p.4), (C, p.5 ), (D, p.6), (E, p.6), (F, p.7), (G, p.8), (H, p.8), (I, p.9), (J, p.9), (K, p.9), (L, p.10), ci)


ISSUES PRESENTED FOR REVIEW:

1)

Former Husband, Daniel Walsh was denied any share of equitable distribution

according to Florida Statute 61.075 including all subsections there within, and more specifically in reference to Florida Statute 61 .075, (6), (d) - Distribution of retirement plans upon dissolution of marriage - All vested and non-vested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution, (Staton y Staton, 710 So. 2d 744, 745 (Fla. 2d. DCA 1998),

(Differender y Differender, 491 So. 2d 265 (Fia. 1986). 2)

Lump sum alimony is recognized under Florida Statute 61.08 (1) - In a proceeding

for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order

periodic payments or payments in lump sum or both. Lump sum alimony payments, even though non-modifiable and payable in installments, may be enforced by contempt

if the court fmds the parties intended to establish alimony for support rather than property settlement (Mattera y. Maltera, 629 So.2d 1 1 06 (FIa. 3)

4th

DCA 1994).

In the order on appeal the lower court states, " typically normal alimony for support

is tax deductible to the payor and tax includable to the payee as is not the case in this

matter". Former Husband states, "typically" is a word that implies neither fact, nor (2)


exclusivity which is not referenced in any manner under Florida Statute 61.08 (2), (h). The tax treatment and consequences to both parties of "any alimony award", including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

4) The court alleges that the "record reflects" the Former Wife was to pay the $25,000 non modifiable lump sum alimony from the sale proceeds of the primary residence. Former Husband has no idea what record the court is looking at, but it certainly isn't walsh y walsh. In any case, nothing of the sort is mentioned in the Final Judgment, and in fact the Former Husbands primary residence wasn't even for sale during this time.

Simply put, the courts justification that the primary residence was to be sold in order for the Former Husband to receive the lump sum alimony as ordered is irrelevant in this case (see attachment, (A), (1-10).

STATEMENT OF THE CASE AND FACTS:

This appeal arises from an order by the Seventh Judicial Circuit Court, St. Johns County Florida, in an order striking recommendations of magistrate; order granting judgment for monetary damages deemed appropriate by Former Husband. In May of 2012, General Magistrate Mensh a highly respected Judicial Officer who was nearly appointed a Judge in 2010 by the Governor determined that the Former Wife was indeed in willful

contempt ofnot paying the Former Husbands $25,000.00 non modifiable lump sum alimony which was signed and ordered by Judge Alexander in October 2008 (3)


(see attachment (B), (1-5). Upon the "exceptions hearing" September 17, 2012, Judge

Alexander determined the $25,000 non-modifiable lump sum alimony as "equitable

distribution", and not as "support alimony" based on the selling of the Former Husbands primary residence, and the tax structure within the fmal agreement; thus fmding the

Fonner Wife not in contempt. As stated in the Florida Bar Journal ; Lump-sum alimony can be awarded to either effectuate the division of property or "to provide for support".

When lump-sum alimony is used for support, the court must make specific fmdings of special circumstances to warrant such an award. In particular, the payor spouse must be able to pay the lump-sum award without creating a financial difficulty in his business or otherwise. Lump-sum alimony can be used as a tool to accomplish permanent alimony, rehabilitative alimony, or bridge-the-gap alimony. A lump-sum alimony award can be

accomplished in periodic payments ( The Florida Bar Journal, October, 2004 Volume

LXXVIII, No. 9, Overview of Florida Alimony, by Victoria M. Ho and Jennifer L.

Johnson). SUMMARY OF ARGUMENT: Former Husband states that equitable distribution was neither established, nor equally distributed, and in fact, the Former Husband has received nothing according to Florida Statute 61 .075 or 61 .08, and was forced into penury ( (Trepp y Trepp, 964 So. 2d 206.

(Fia. 5th DCA 2007). Equitable Distribution may be structured as any form of alimony (4)


in special circumstances such as lump sum alimony which qualifies it as support (Bongiorno y. Yule, 920 So. 2D 1209, 1210 (Fla. ist DCA 2006). Former Wifes pro bono attorney Diane Paull made an offer to Former Husband in July 2012, in the amount

of$100.00 per month in a negotiated attempt in Former Wifes obligation towards the lump sum alimony owed. It's evident that even the Former Wifes attorney views this $25,000 non modifiable lump sum alimony as "support al窶馬ony", as she should, since

this attorney negotiated the terms in the Final Judgment in October 2008 (see attachment

C ). After 25 years ofmarriage, which is considered long term under Florida Statute 6 1 .08 (4), Former Husband should have receiyed some form of support alimony, and in

this case it is non-modifiable lump sum alimony. At the time of diyorce Former Husband was flot working, and a full time student. Currently, the Former Husband is

unemployed, renting a room, is a disabled 55 year old, a fuiltime student (senior), has no

health insurance, and has become an obyjous yictim ofthe economic disparity in reference to the lower courts most recent order (Cunningham y Cunningham, 9 1 8 So. 2d

412, 414-15 (Fla. 2dDCA2006). ARGUMENT: Former Husband requests that the Higher Court reverse the trial courts decision that the $25000 lump sum alimony in question as not being determined as equitable distribution

based on the Former Husbands share ofthe marital home as stated in the Judges order, but rather was structured as support alimony, and acknowledged as such by General (5)


Magistrate Denise Mensh. Florida State Certified Mediator Ned Price structured this lump sum alimony as "support alimony" to protect the Former Husband or the Former

Wife in case a situation like this were to arise. The material evidence from the Former Husband's previous attorney Beth Terry, substantiates that this is indeed "support alimony" (see attachment D). Also, Florida State Mediator Ned Price intentionally structured the first payment of $5,000 in lump sum alimony to be paid (6) six weeks after the fmal judgment which was signed and ordered by Judge Alexander. This was

negotiated and agreed upon by both the Former Husband and Former Wifes attorney Diane Paull, and the most recent offer of $100.00 per month in July 2012 from the Former Wifes pro bono attorney confirms this as "support alimony". Since Former Husband was unemployed, and a full time college student, the first lump sum payment

of $5000 (6) weeks after the Final Judgment was signed is an appropriate form of support alimony that was needed to sustain the Former Husband in making the transition from being married to being single after his long term marriage of 25 years had now ended. In not receiving the first payment of $5,000, and leaving his primary residence as required in the Final Judgement, the Former Husband was forced to live in a rental

property that was neither livable, nor suitable for his best buddy Duke, Former Husband's dog that he has not seen in over (3) years (see attachment (E), (1,2). The Higher Court must ask, why would the Former Wife and her attorney agree to sign the terms of the lump sum alimony according to the Final Judgment, and fail to pay the (6)


Former Husband (6) weeks later? Again, our home was not for sale, so obviously the Former Wife had the ability to pay the $5,000 installment or the agreement would not have been signed by Former Wife under the advice of her attorney. There is that possibility the Former Wife and her attorney conspired in never paying the Former Husband in the first place, which apparently is the case. Former Husband suggests to the Appealate Court to recognize that there are defiencicies in Florida Statute 61.08, and Former Husband's interview on Dan Rather World News Tonight in 2010 will verify this

(see attachment (F), (1,2). Former Husband is fully aware that the alimony laws are interpreted with a degree of speculation which in many cases "typically" lack conformity

throughout the state of Florida. Perhaps we need to start by identifying equitable distribution as "lump sum equitable distribution" so as we don't confuse it with "lump sum alimony". Former Husband is a member of Florida Alimony Reform Inc., and someone who has been instrumental in reforming 61.08 for the past (4) years, which currently includes our efforts in eliminating permanent alimony. Such confusion is uncalled for, and will be presented as so in the Florida Legislature early next year. Another issue is using such words as "typically", which neither defme fact nor

exclusivity, and if erroneously construed can be very detrimental to ones livlihood as it is in this case. Please understand that the Former Husband is not critizing ones opinion, what the Former Husband is referring to is that the Former Wife was granted Former Husbands home, has a secure job, has a pension, has two good eyes, and inherited total (7)


security from this divorce. Whereas, the Former Husband was left with one blind eye (an elbow from basketball) that may of been rectified had the resources been there, and his dignity. The courts most recent suggestion in attaching the $25,000 lump sum alimony

as a lien on Former Wife's primary residence as "security" for the Former Husband may

be construed by some as somewhat delusional, if not embarrassing in making such a suggestion. This consideration by the court implies further evidence why this lump sum alimony was structured as support alimony since the Former Husband is now

impoverished (see attachment (G), (1-6). Why the court would continue to put the Former Husband in such a dire predicament of need, one has to wonder how something so simply structured by the State of Florida can inflict a sense of desperation on a persons livelihood. Also, in the Judge's most recent order it appears there may be a feeling of "ill will" towards Former Husband in his attempt to recuse the Honorable

Judge in 2008 Perhaps the Judges direct connection with the St. Johns County School District, Former Wife's employer, would have one to believe that a conflict of interest still persist as it did in 2008. Former Husband apologizes but keep in mind the Former Husband is from Luzerne County, Pennsylvania, and politics can be influential, as it is in St. Augustine, and the "Kids For Cash" ordeal is just one example of such (see

attachment (H), (1,2). Obviously when fraud and perjury are involved as it is with this case, it's difficult to determine what is fair and just for those who rely on the decisions of others that may or may not be aware that such behavior exist. In fact it creates a sense of (8)


resentment and distaste for the entire Judicial System because a few bad apples take it upon themselves in violating the laws they are sworn to uphold. On the surface this case

should have been one of simplicity since it was structured by a Florida State Mediator that cost both parties nearly $2,000.00. Instead, these legal proceedings were concocted with complicity, conspiracy, fraud, deceit, and even threats of terrorism on Former Husbands well being. Former Wifes attorney Diane Paull continues to use every means

possible including a total disregard for the legal system itself in denying the Former Husband what was signed and ordered in October 2008. In the process this attorney has violated both Florida Statutes 837.02-Perjury in official proceedings and Florida

Statutes, Title XLVI Crimes, Chapter 817- Fraudulent Practices, and willfully desecrated the Florida Rules of Professional Conduct 4-8.4, (a,b,c,d), (see attachments,

(I), (1-5), (J), (1-3). Such behavior on behalf of anyone, especially an attorney is a disgrace to the profession, and the appropriate sanctions should be treaty as so. It's hard to imagine that this behavior by an attorney was deliberately manufactured in order to prevent the Former Husband from receiving what was mediated, signed and ordered in a court of law under the guidance of a certified Florida mediator. This person conspired to defraud the court, and continues to do so. Such attacks on Former Husbands person by

Attorney Diane Paull, both as an official of the court and pro se, were intiated due to the fact the Former Husband made the Florida Bar aware that this attorney was apparently

using indecorous tactics against her clients in 2008 (see attachment K). At times it's (9)


hard to accept when anyone loses their 25 year marriage, especially if one never wanted the marriage to end in the first place. It makes it even more difficult to accept fighting for "Justice" that apparently no longer exists while the bad apples working within the legal system continue to prey on the weak and vulerable. It's evident that the Former Husband is not the only victim of such abuses ( see attachments (L), (1,2).

CONCLUSION: For the foregoing reasons, the Former Husband asks that the order on appeal be reversed based on the facts and material evidence that the lower court erred in issuing the order of striking the General Magistrates record of findings and recommendations, and an order for monetary damages. Daniel F. Walsh, Pro Se 2656 Stern Drive South Atlantic Beach, Florida 32233 Tel: 904-235-1764 / walshic5O(aaotcom

(10)


CERTIFICATE OF SERVICE

I certify that copies of the foregoing has been furnished by certified mail, this 't" day of December, 2012, to: Attorney Diane L. Paull 1510 2nd Street South Jacksonville Beach, Florida 32250 Olga T. Walsh 42 Sailfish Drive Ponte Vedra Beach, Florida 32082

( The Appellants Brief has also been submitted to the Folio Weekly, 9456 Philips Hwy, Suite 11, Jacksonville, FL 32256-1351, The Beaches Leader, 1114 Beach Blvd., Jacksonville Beach, Florida 32250, Florida State Representative Eric Eisnaugle, 2212 Curry Ford Road , Orlando, FL 32806-2422, Florida State Senator John Thrasher, 9485 Regency Square Blvd., Suite 108 Jacksonville, FL 32225-8145, Lyndon Barnes Johnson (LBJ), Department of Education Building, 400 Maryland Ave, SW Washington, DC 20202, Special Agent Joe Noone, Federal Bureau Of Investigation, P. 0. Box i i 04, Scranton, Pennsylvaina, 18501, Secretary Janet Napolitano, Department of Homeland Security, U.S. Department ofHomeland Security, Washington, DC. 20528). CERTIFICATE OF COMPLIANCE WITH FONT REQUIREMENT I certify that this brief was typed in 1 4-point Times New Roman font. Daniel F. Walsh 2656 Stem Drive South Atlantic Beach, Florida 32233 904-235-1764

(11)


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710 IN T

flLRJCOURT, SEVENTH

RTD1k:Lkfrc&?tIT, IN AND FOR

iSiC9ULcDA

DJr CASR?iOe

IN RE:

THE MARRIAGE OF

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OLGA T. WALSH, Wife, and

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DANJEL F. WALSH, Husband

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This matter came on to be heard on Wife's Petition for Dissolution of Marriage Husband's Counter-Petition for Dissolution ofMarriage. The Court finds that the

and

parties reached

an agreement in mediation with Ned Price, Mediator, resolving all issues pertaining to Wife's

Petition for Dissolution of Marriage and Husband's Counter-Petition for Dissolution of Marriage. The parties' agreement has been incorporated herein. There are no other matters or issues between the parties to be resolved by the Court. The Court has subject

matter jvrisdiction

over this matter and personal jurisdiction of the parties. The parties' mathage is irretrievably broken Whereupon, -t is hereby ORDERED and ADJUDGED as follows: 1)

DISSOLUTION OF MARRIAGE: The marriage of the parties, DANIEL F. WALSH,

Husband, and OLGA T. WALSH, Wife, is hereby dissolved. Each party is restored to the statu.s of being single and unmarried.

2) CHILDREN IDENTIFICATION: Two (2) minor children were born during the marriage.

The children are both sui juris and, as such, there are no issues pertaining to child support, custody, timesharing, or visitation.

:4単/ HUSBAND

Page i of IO Walsh y Walsh Dissolution of Marriage Case No. DRO7-1665

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3) LUMP SUM ALIMONY: Wife shall pay to Husband the total sum of $25,000.00 as and for

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non-modifiable and non-extendable lump sum alimony. Wife shall satisfy this lump sum obligation by paying Husband the sum of $5000.00 on or before December 15, 2008 and the remaining $20,000.00 on or before December 15, 2009. Said lump sum alimony shall not be tax includable to Husband or tax deductible to Wife.

4) ALIMONY: Except as otherwise set forth herein, each party hereby waives now and forever

any and all claim to alimony from the other in the nature of spousal support, be it temporary,

rehabilitative, permanent, nominal, lump sum, bridge the gap, or periodic.

The parties

acknowledge that this waiver is irrevocable and that there shall exist no change in circumstance

whatsoever which would permit either party to obtain alimony from the other. The parties further agree that neither party may apply to the court of a modification of this provision.

5) MARITAL HOME: As and for equitable distribution, Wife shall be awarded all right, title and interest in the marital home located at 42 Sailfish Drive, Ponte Vedra Beach, Florida 32082 (hereinafter Marita1 Home"), more particularly described as:

Lot 23, Block 3, DELEON SHORES UNIT THREE, according to plat thereof as recorded in Map Book 12, page 36 of the public records of St. Johns County, Florida. V-,

Beginning November 1, 2008 Wife shall pay the first (Ist) mortgage to Indy Mac, and the second (7fld)

mortgage to Wachovia, as well as all taxes, insurance, assessments and similar charges

against the marital home, if any, and hold Husband harmless therefrom Husband shall pay both mortgages and bring them current through October 3 1 , 2008. Within ten ( 1 0) days, Husband shall execute any documents needed to effectuate the intent of this Paragraph, including signing

ofQuit Claim or Special Warranty Deed conveying his interest in the marital horneto-the Wife.

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IFE

Page2 of 10 Walsh y Walsh Dissolution of Marriage Case No. DRO7-1665


Absent Husband's compliance with the duty to sign such Deed, this Consent Final Judgment shall act as and for an instrument of conveyance and any subsequent third party may rely on this

Judgment as a document of conveyance. Wife hereby owns all right, title and interest in the marital home and shall retain all equity in the marital home, without further claim by Husband.

Husband shall vacate the marital home no later than December 15, 2008 and Wife

shall

thereafter have the exclusive possession (in addition to ownership) of the marital home. Husband shall ensure that his brother vacates the marital home no later that October 28, 2008.

6) HUSBAND'S VEHICLE: Husband shall have sole ownership and possession of the 2001 Hyundai Sonata. Husband shall be responsible for any indebtedness owed on this vehicle and he

shall indemnify, defend and hold Wife harmless from any liability arising therefrom. Husband shall also be responsible for having insurance on this vehicle. Wife shall execute a motor vehicle

power of attorney or any other document conveying her interest in this vehicle to Husband within ten (10) days of being requested by Husband.

7) WIFE'S VEHICLE: Wife shall have sole ownership and possession of the i 996 Chrysler Town and Country. Wife shall be responsible for any indebtedness owed on this vehicle and she

shall indemnify, defend and hold Husband harmless from any liability arising therefrom. Wife

shall also be responsible for having insurance on this vehicle. Husband

shall

execute a motor

vehicle power of attorney or any other document conveying his interest in this vehicle to Wife within ten ( i 0) days of being requested by Wife.

8) RETIREMENT: Each party relinquishes and waives their right to any interest they may have

in any pension, profit sharing, retirement, 401-K, annuity, stock, bond, note, checking account, savings account in the name of the other party or held for the benefit of the other party.

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Page 3 of iO Walsh Dissolution of Marriage CaseNo. DRO7-1665


9)

PERSONAL PROPERTY:

Wife shall maintain sole ownership and possession of the

personal property in the marital home that she now has in her possession except that Husband

shall possess and own the computers, two (2) televisions, one-half (1/2) of the crystal from Europe, bis tools, the back porch furniture, a bed, and sorne of the fam•ly photographs. Each

party shall own and possess his or her items of property free and clear from any claim of the other party.

10) INTANGIBLE ACCOUNTS: Except as otherwise provided herein, each party

shall

retain

as his or her sole property all checking, savings, securities accounts, individual retirement

accounts, cash, receivables, insurance policies, pension/profit sharing plans, credit union, investment, stocks, bonds, trust accounts and other intangible accounts in his or her name.

I 1) CONVEYANCE OF PROPERTY: Except as provided for otherwise in this agreement, in the event of the failure or refusal of either party to assign, convey or transfer the property herein

ordered to be assigned, conveyed or transferred within ten (1 0) days from the entry of the Consent Fi¤al Judgment, in this case, then. and in such event, the Consent Final Judgment shall actand stand as and for an instrument ofconveyance regarding such items according to the terms of the Consent Final Judgment, provided that the provisions of this paragraph shall in no way be construed to deprive either party hereto of any right or remedy that he or she may have under the laws to enforce the accomplishment of such conveyance.

12) DEBTS: Except as otherwise set forth herein, Husband shall be solely responsible for the debts and obligations that are in his individual name and he shall indemnify and defend and hold

Wife harmless from any liability arising therefrom. Except as otherwise set forth herein, Wife shail be solely responsible for the debts and obligations that are in her indiv‹dualpame. and she

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Page4oflo Walsh y Walsh Dissolution of Marriage Case No. DRO7-1665

(WIFE


shall indemnify and defend and hold Husband harmless from any liability arising therefrom. Neither party shall incur any indebtedness for which the other party could be liable in the future.

EACH PARTY HAS BEEN ADVISED THAT NOTWITHSTANDING TRE FOREGOING AGREEMENT AND ASSUMPTION

OF DEBT BY ONE

PARTY AND INDEMNIFICATION OF THE OTHER PARTY, THIS AGREEMENT IS NOT BINDING ON THIRD PkRTY CREDITORS (MORTGAGE COMPANIES, CREDIT CARD COMPANIES, ETC.) AND, TN

THE EVENT OF A DEFAULT IN PAYMENT, CREDITORS HAVE THE

RIGHT TO SEEK RECOVERY FROM ANY PARTY WHICH WAS ORIGINALLY RESPONSIBLE ON THE DEBT.

I 3) FUTURE CONDUCT: Each party is hereby enjoined, prohibited and restricted from making, publishing, soliciting or otherwise obtaining or disseminating any statements, publications or other communications of

any kind or nature. whether direct or indirect,

personally or through any 3

regarding either party's character, reputation, employment,

education, standing in the community, and any other matter that may reflect adversely on the other party's reputation. Neither party shall not take any action that may reflect negatively on either party's employment. in any manner. Both parties are restrained and enjoined from harassing, assaulting, battering, stalking, or committing any act of domestic violence. 14) ATTORNEYS FEES: Each party shall be responsible for his

or her owen attorney fees and

costs. i 5)

MEDIATION FEES:

Each party shall equally divide and pay for the entire cost of

contiiued mediation which took place on October 1 8, 2008 with Ned Price.

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HUSTAJ'D

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Page 5 of 10 Walsh y Walsh Dissolution of Marriage Case No. DRO7-1665

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16) WAIVER OF APPEARANCE: Husband hereby waives his appearance at and notice of the Final Hearing and consents to entry of Consent Final Judgment

17) FURTHER ASSURANCES AND IMPLEMENTING

of DŒssokition of Marriage.

DOCUMENTS: Each party, without

additional consideration, shall execute any instruments or documents, and at any time reasonably

requested by the other party, that are necessary and

proper to effectuate th•s Agreement I Consent

Fina] Judgment of Dissolution of Marriage.

18) UNDERSTANDING OF THE PARTIES: Each party fully understands the facts and his or

her legal rights and obligations and is signing this Consent Final Judgment of Dissolution of Marriage freely, voluntarily, intending to be bound by it.

19) FINANCIAL DISCLOSURE: Each party has made a sufficient disclosure to the other as to

his or her income, assets, and liabilities and overall financial condition. There is no other information requested or required by either party so as to in

any way delay either party's desire

to agree to the terms herein.

20) EFFECTiVE DATE OF AGREEMENT HEREThI, ENTIRE AGREEMENT AND NONMERGER: The parties acknowledge and agree that the agreement contained in this Consent Final

Judgment of Dissolution of Marriage shall be enforceable and binding upon the parties as of the date the last party signs this document below, even if this

Consent Final Judent has not yet been

entered by the Court. Further, the parties understand and acknow'edge that this is the entire agreement by and between the parties. Further, by affixing their signatures hereon, the parties agree that this document shall be construed and enforceable as a Settlement Agreement whether entered as

an order of the Court or not. That is, they each agree to be bound by the

terms of this Settlement

Agrement/ Consent Final Judgment of Dissolution of Marriage and each acknowledge that they ;i

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HUSBAND

Page 6 of 10 Walsh y Walsh Dissolution of Marr•age Case No. DRO7-1 665


have agreed to the same for good and valuabk consideration. They agree that this Settlement Agreement constitutes a ful and final settlement of all issues, including property and financial issues, between them and they hereby each release the other from

any claims which could have been

resolved in this action or in this judgment, except as provided herein. Once this Consent Final Judgment is entered by the Court, however, the agreements contained herein shall not merge into the judgment, and shall remain separately enforceable as a binding agreement between the parties, except as provided herein. 2 1) INCORPORATION OF JUDGMENT: The parties agree that the terms of their agreement

as set forth herein shall be made a part of the Consent Final Judgment of Dissolution of Marriage.

22) FURTHER ACKNOWLEDGEMENT: Both parties agree and acknowledge that Ned L

Price did not afford either one of them independent legal advice. Both parties further acknowledge that Ned L Price provided mediatโ ขon services only so as to facilitate an amicable

resolution with regard to their domestic issues. Ned I. Price has maintained a position of neutrality and has allowed both of us to exercise our right of self determination. Lastly, we have been fully informed as to the Rule of Confidentiality and agree to be bound by it. Both parties agree that the mediator has not given either of them any advice or told them what they should do in arriving at the terms of this Agreement.

23) SELF EXECUTION: In the event of the failure or refusal of either party to assign, convey or transfer the property herein ordered to be assigned, conveyed or transferred, within ten ( I O) days from the date of the entry of this Consent Final Judgment in this case, then, in such event, this . Consent Final Judgment shall act and stand as and for an instrument of conveyance

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BAND

Page7oflO Walsh y Walsh Dissolution of Marriage Case No. DRO7-1665


regarding such items according to the terms herein, provided

shall in no way be construed to deprive either party hereto have under the laws to enforce the execution

that the provisions of this paragraph

of any right or remedy he or she may

and delivery of such conveyance.

24) GENERAL RELEASES: Except as otherwise provided in

this Consent Final Judgment:

A. Each party releases the other from all claims, including any claims for alimony, causes of action up to the date ofthis Consent Final Judgment;

demands, due debts, rights, or

B. Each party irrevocably releases and relinquishes all claims, rights, and the party may now have or may hereafter acquire in any property, real, personal, interests which other party, whenever and however such or mixed, of the property may have been or may be acquired by said other party, and each party represents that all ofsaid property, real, personal, either party at the time of their marriage or mixed, owned by or subsequently acquired, separately or together, and owned by the parties or either of them at the time of their separation or acquired thereafter, has heretofore been equitably divided and apportioned between them and each party hereby ratifies and affirms their respective decision; C. Each party waives, releases, and relinquishes all rights that he or she may now have or hereafter acquire as the other partys spouse under the present or future laws of any jurisdiction: i. To elect to take against any will or codicil ofthe party now in force;

ii. To share in other partys estate and to exercise any right of dower or curtsy he or she may now have or hereafter acquire in the other party's estate;

iii. To act as administrator or executor of the other party's estate except provided by uIl or codicil executed after the only as date of this Agreement/Consent Final Dissolution of Marriage; Judgment of D. Each party waives, releases, and relinquishes all homestead rights, and protection or exemptions he or she may otherwise be afforded under Article I O, Section IV of the Florida Constitution as it pertains to any and all obligations of either party to the other under this Agreement/Consent F•nal Judgment; i.e., judgments by one party against the other shall such party's interest and homestead. attach to

tv' HUSBAND

Page 8 of IO Walsh y Walsh Dissolution of Marriage Case No. DRO7-1665

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25)

RESERVATION OF JIJPJSDJCTION:

jurisdiction of' this

This Court specifically

case and the parties to modify

reserves and retains

and/or enforce par…graphs 2 through 15 as

allowable by law.

DONE and ORDERED,

in Chamber3, St. Augustine, St. Johns County, Florida,

this;y of

t11I4\/

2008.

-

CIRCUIT O

TJIJDGE

2

F1tfSBAND

Page9ofl– Walsh y Walsh Dissolution of Marriage

Case No. DRO7-1665

YIFE


CONSENT OF TIlE PARTIES The parties hereby consent to the entry of this order. Further, by affixing their signatures hereon, the parties agree that this document shall be construed and enforceable as a Settlement Agreement whether entered as an order of the Court or not.

Further, each party by signing sought or has had the opportunity to seek legal counsel regarding this Agreement. They understand that the provisions to which they have hereunder attests that they have read the foregoing, and

agreed may be different than would have been ordered if they submitted their case to the Court, but they instead have freely and voluntarily agreed to be bound by this Agreement and Consent Final Judgment of Dissolution of Marriage.

DATED this i 8th day of October, 2008 at Jacksonv•lle, Duval County, Florida. .

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DA¥IEL WALSH HUSBAND

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OLGA WALSH WIFE .

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Diane Paul], Esquire Florida Bar No.: 645605 i 5 1 0 Second Street South, Suite A Jacksonville Beach, Florida 32250 Attorney for Wife

Daniel F. Walsh 42 Sailfish Drive Ponte Vedra Beach, Florida 32082 In Proper Person

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Page lOof 10 Walsh Dissolution of Marriage Case No. DRO7-1665

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IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA CASE NO. DIVISION:

DRO7-1665 57

IN RE: THE MATTER OF: OLGA T. WALSH, Petitioner, and DANIEL F. WALSH, Respondent.

REPORT OF FINDINGS AND RECOMMENDATIONS OF THE GENERAL MAGISTRATE Upon the Former Husband's Motion for Contempt and Enforcement as being filed before the Court on April 5, 2012, and the matter being referred to the General Magistrate on April 12, 2012, a hearing was held before the General Magistrate on May 29, 20 1 2 . The following were present at the

hearing: Olga Walsh, Former Wife; Diane Paull, Attorney for the Former Wife; Daniel Walsh, Former Husband.

Pursuant to the testimony and documentary evidence presented to the General Magistrate, the following report and recommendation shall be submitted. The parties are notified that they shall have ten ( i O) days from the date of service of these Findings and Recommendations to file any Exceptions to

the entry of an Order approving these Findings and Recommendations. The original Exceptions to the

Findings and Recommendations ofany party shall be filed with the Clerk ofthe Court with copies to the General Magistrate and to opposing party andlor counsel. Should no timely Exceptions to the Findings and Recommendations be received, a proposed Order and a copy of the Findings and Recommendations will be forwarded to the Judge for appropriate action. The parties are further

notified that service ofthis Report and Recommendations is deemed effective as ofthe date of mailing. The testimony of the parties has been digitally recorded, and the recording of this hearing is specifically incorporated in and made a part of this report. A CD of the proceedings is available to the

Court and to the parties for preparation of a transcript. Upon written request and appropriate fee, a

copy ofthe CD will be forwarded to the requesting party. Request forms and procedures may be obtained from the General Magistrate's office, the Digital Court Reporters' Office, or the Family Law

Clerk's office. The completed form may be mailed or hand-delivered to the Digital Court Reporter's


DRO7-1 665

office at 4010 Lewis Speedway Blvd., Suite 290, St. Augustine,

FL 32084. A check or money order in

the amount of $20.00 made payable to the State of Florida

must be included along with a postage paid mailer for the CD, The requesting party makes his/her own arrangements for a transcript of the CD. A.

FINDINGS OF FACT AND CONCLUSIONS OF LAW: The General Magistrate hereby finds and concludes as follows: 1.

This Court has jurisdiction over the parties and subject matter herein.

A Consent Final

Judgment ofDissolution of Marriage was entered on October 1 8, 2008. The Former Wife was ordered to pay to the Former Husband the total sum of $25,000.00 "as and for non-modifiable and non-extendable lump um alimony." The Former Wife was ordered to pay $5,000.00 on or before December 15, 2008 and the remaining $20,000.00 on or before December 15, 2009. 2. The Former Wife withdrew her motion to continue this hearing.

3. The Former Husband alleges the Former Wife is in contempt for failing

to pay alimony as

ordered. a.

The Former Husband testified he was unemployed at the time of the Final Judgment.

b. The Former Husband testified the Former Wife has made no effort to pay the alimony or comply with the Final Judgment. c. The Former Husband asserts the Former Wife is able to pay the alimony because she

received the marital residence, has a salary of$28,000.00, has a pension, and has accrued leave time from her employment.

d. The Former Husband asserts he is entitled to the lump sum alimony that was negotiated by the parties at mediation. e.

The Former Husband testified the Former Wife has not paid any alimony, and he is in

need of the financial support. The Former Husband is unemployed, and needs surgery to reattach his retina. f.

The Former Husband requests a payment plan be implemented in lieu of the

Former

Wife being incarcerated for non-payment. g.

The Former Husband testified he has no source of income and is receiving food stamps.

h. The Former Husband refused to answer questions regarding how he came into possession ofthe Former Wife's pay stubs.

2


DRO?- 1665

4. The Former Wife denies the allegation of willful contempt. a.

The Former Wife testified that since the entry of the

Final Judgment she has had to pay

debts that the Former Husband was ordered to pay.

b. The Former Wife is employed at Ocean Palms

during the school year and works for the Parks and Recreation Department over the summer. c. The Former Wife testified she does not have the money to pay the Former Husband alimony.

d. The Former Wife testified she filed for bankruptcy

due to financial hardship, and is not

able to get a loan to pay the obligation. e.

The Former Wife testified her vehicle has high miles and she borrowed money to make repairs to it.

f.

The Former Wife testified she has no extra

money for luxury items or vacations. g. The Former Wife testified she cannot afford to pay the Former Husband more than $5.00 or $10.00 per month towards the lump sum alimony.

h. The Former Wife testified she does not have any assets that she can liquidate to pay the alimony. The Former Wife does not have access to any retirement accounts. i.

The Former Wife testified she did not authorize the release

of her employment records

to the Former Husband and does not know how he obtained them.

i. The Former Wife has not tried to sell the marital home because ofthe poor housing market.

k. The Former Wife testified she tries to get side jobs such as cleaning houses. 1. The Former Wife testified the mortgage on the residence went up due to the increases in homeowner's insurance and property taxes. m. The Former Wife testified the Former Husband is able to work but has

never wanted to

work outside the home.

n. The Former Wife testified she earned $22,000.00 last year, including 5.

her summer job.

The original order for payment of alimony or child support

creates a presumption that the obligor has the present ability to pay the alimony or support and to purge himselfor herself

from the contempt. At the contempt hearing, the obligor shall

have the burden ofproofto show that he or she lacks the ability to purge himself or herself from the contempt. Section


DRO7-1665

i 4(5)(a), Florida Statutes. The Former Wife is presumed to have the ability to pay alimony as negotiated by the parties and ordered by the Court. The Former 61

.

Wife's financial affidavit

filed Februaiy 14, 2008 indicates she has the

same employment now as she did at the time of the Final Judgment. The only evidence from the Former Wife to rebut the presumption of her ability to pay alimony was that she has suffered financial hardship and has paid debts on behalf ofthe Former Husband. The Former Wife did not present any competent substantial evidence regarding such debts or their amounts, nor did she present any court order requiring her to pay such debts. While the Former Wife appears now to believe she does not have the ability to pay the alimony, her testimony in that regard is not sufficient to overcome the presumption of her

ability to pay. It is not relevant to the motion seeking enforcement of Former Wife feels the Former Husband is voluntarily imemployed

alimony whether the

as the parties negotiated for

the non-modifiable lump sum alimony and their agreement was adopted by the Court. Neither party appealed the Final Judgment. The General Magistrate finds the Former Wife is in willful

civil contempt as she has failed to rebut the presumption of her ability

to pay alimony.

6. The Former Husband did not present any evidence regarding the

Former Wife's ability to purge herself of the contempt. In fact, the Former Husband specifically requested a payment plan be established in lieu ofany incarceration to compel compliance. The Former

Wife's suggestion

that she only pay $10.00 per month towards the alimony would require the

Former Husband

wait over 200 years to be paid in full. The lump sum alimony amount of $25,000.00

was due to be paid in full on or before December 15, 2009. The General Magistrate has considered the

parties' respective claims of financial hardship and finds that a monthly payment of $500.00 is reasonable.

7. The Former Husband did not present any evidence in support of

his claim for attorney's fees set

forth in his motion.

IL

RECOMMENDATIONS: The General Magistrate hereby recommends to the Court that ari order be entered

providing for the following: I. The Former Husband's Motion for Contempt and Enforcement shall be granted.

4


DRO7-1665 2.

The Former Wife shall be adjudicated in willful civil contempt for failing to pay alimony as ordered.

3. The alimony arrears shall be established in the amount of $25,000.00 as of May 29, 2012. The

Former Wife shall pay the alimony arrears at the rate of $500.00 per month beginning July 1,

2012 and continuing each month thereafter until paid in full. Consistent with the Consent Final Judgment, this lump sum alimony shall not be tax includable to the Former Husband or tax deductible to the Former Wife. 4. All payments shall be made to the Florida State Disbursement Unit, P.O. Box 8500,

Tallahassee, FL 32314-8500, and shall include any applicable fees. Counsel for the Former Wife shall prepare a Support Information Sheet to assist the Clerk in establishing the account. 5. The Former Husband may

submit an Income Deduction Order consistent with these

recommendations.

6. Any and all prior orders not inconsistent with the present order/recommendation shall remain in full force and effect.

Recommended in St. Johns County, Florida this 3th day of May,O12.

DENISEE. MENSH f GENERAL MAGISTkATE I HEREBY CERTIFY that two copies ofthe Findings and Recommendations afthe General Magistrate have been furnished by U.S. Mail this 3p+ day ofMay, 2012, to the following: Daniel Walsh, 2656 Stern Drive South, Atlantic Beach, FL 32233 Diane L. Paull, Esquire, 1510 2nd Street, Suite A, Jacksonville Beach. FL 32250

GENE

5

S IS TANT


from: Diane Paull dpaull@simpsonpaull.com

k'

to: walshie5Ogmai1.com date: Fri. Jul 6. 2012 at 12:55 PM subject: Walsh y. Walsh - Exceptions Hearing Important mainly because of the the message.

words in

Dear Mr. Walsh.

I am in receipt of your Motion for Continuance filed in the divorce

case, asking the Court to continue the hearing set for August 8th would like to propose a settlement of the alimony matter, which, if agreeable, would eliminate the need for any further hearings. I propose that Olga will pay you $100 per month towards the lump sum alimony due of $25,000. Additionally, she will give you a 3rd mortgage on the former marital home, due when she sells the house. If agreeable, we would document this settlement with a Court Order and an Income Deduction Order to Ms. Walsh's employer to pay you the $100 directly.

Please let me know if you are interested in realistic settlement, which would then remove the need for the hearing set for August 8th Thank you. Diane L PauU, Esq.

SIMPSON & FALLI, P.L. Attorneys and Coi nsciors at Law

nd 1510 2

St. S., Suite A

Jacksonville Beach, FL 32250 Tel: (904) 24.97288; Fax: (904D 249-1779

Email: dpaulisimpsonpaull.com EMAIL FOR SERVICE OF PLEADINGS: seice@simpsonDaull.com This email is intended only for the individual or entities named within the message and may contain legally privileged and confidential information. 1f you properly received this email as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. If the reader of this message is not the intended recipient, any review,


c2//) jifr X'/ C Ĺ“ Hi Dan,

If your former wife has already filed bankruptcy, then you should be getting notice thereof as a creditor of hers. Further, once her bankruptcy is filed, an automatic stay of collection efforts is instituted and you would need to seek relief from that stay to continue on in the family court collection efforts. Other exceptions to all of this may apply depending on what type of bankruptcy she files and how the court (bankruptcy or family) may interpret the nature of the debt owed to you. A bankruptcy attorney would know the ins and outs of this better than I. In the meantime until we receive notice of any bankruptcy and/or stay, I will send out the notice of the subpoena to the School District and then the subpoena to them when the time expires.

'.

7

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I understand that Ned set it up as m9 topr2uor her, but if the court is pressed with the issue, it will make the ultimate Tion on what it is --- alimony or property division, regardless of the label in the final judgment. As for the info on the pension and sick/vac time, maybe they told Ned that or showed him documents during the mediation process.

Do you want me to offer to Paull the cashing in of the sick/vac time to pay you the $5,000? And then a security on the pension for the $20,000? Please note that we can enter into an Order on the pension to give you the money, but you will not see the pension monies until she is proper retirement age. If she has a 401(K) or 403(b) plan, we can enter into an Order to get a transfer to you pretty quickly. There would be some tax consequences, but we could take that into account when determining the amount to be transferred.

Let me know what you want me to do about an offer, if any. Have a nice weekend too.

Eeth M. Terry Law Office of Beth M. Terry, P.A. 1824 Atlantic Boulevard Jacksonville, FL 3220"? (904) 399-5354 phone (904) 399-5341 fax beth@bethmterrvop corn


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Ln MUNICIPAL CODE COMPLIANCE DIVISION ¨%€fljP

,1lk3;I:' II11IIIlIDIflIIIIIIIIIII

Whcrt Honda Bgin. R&deistiel - I1nt Notice

ROSSO JOHN P II

PrWt D.e: My 16. 2009

29I yAp.alNc3ION ST

Case Numbec: 2009-160172

JACKSONVILLE. 1'L 32224-.500I

Rrnence Adrit: 2917 EAIJ.RINGTON ST RE: 1671020010

LepI D,cflpdoE 36-25-26E

.20 PT NEI!4 0E N11li4 RECO OR 12953-2224

Thc rcrorncd popaty wag inipcctcd aed Fowid Io be in viola:ioo orowpicr J 19 0I10 Municipal Pnpeny Safety und Mnirttcnancc Code, undfor Cbop*e 745 Jacktouc:lIc Addccutlog aed Street Mainiog Rc8dalioot.

A lirtal inupoerion will be made opproutuatdy thirty (30) dayt Oum tite pelo dale arndt notice Tboeere. we or5e you to Stall warb as sooC as poSutbk. Yow Failure lo coeTcct litt' tiled ciolatiogu within :bc allotted time wtll conStitute a Claus V offeise l6alost Use City, sod will sobjecs you to prosecutIon and/or lInar. au well as other penultics aed inspection feci peevisted in the Codc.

Irlite ploperty st sucuied and the sIllily sciolte O disconnected peine to compliaace with lite abose slolatiunu, lite peeporty (nay not be rooccaptsrd sEil It l inspected and cenilted itt cotn‡iliance. The Code arqueen puss to tender a copy of this notice lo any prospective purchaser. reeler or larsen aube property. peioc si indi mise Inserent in tite properly passed loththu. We hace carefully cotoidnerd the nurser atid extent o¡lbe action erqwerd by this suiten, sod feel that the time alinoed is aduquaze and raguonalk. Ifyou Feel litai the Code has been wisconulertod. or that lb. Sleeti application ofilse Code will entine you undue hardship, you are entitled to appeai thu cotter by llEnO a petition rara hcarie before the Special Magisowec withet 13 slays horn receipt. Errera lar the ftlittg of tech petition arr asaibbla l'ram thu ollice, upon raquant. and payment of, 5)0.00 Ittinig Ice,

NOTE: lt

it YOUR RESPONSIBILITY to arI) for FInal mapeclisa if owlaliottu arc curresiesi before the cumpharec dale nteiwioited above lImiten Iban one inupeetsea is required lu eblain compliance, you sic required to pay a Ice of 550.00 for cach mnpocthtas, PRIOR lo the perlonnuasce otutects, lt is enportant thai yoti NOT uU foc the fowl tospectios until ill -utniinenu hase bean connoted, but rot inter than llar compliance date mentioned gtove, io usaid illspectton litca. However, you MAY request two adssoly -npcctioes or tite canuuIIalioo, free of charge, ai soy lime prior to lite scheduled rc..eapccciort daI referenced above. If additional impectasa um required arel inattaled by this offtcc. fur pnuuecutioe pnrposrs. Ihr inspection fees will be made a pii1 of tbc chargen filed with the entai or Municipal Code Enftatxment Board.

if you haue soy quraliuws. please contact OlF'scer Rohcii Walsh at 1904> 391-2372

Sincerely,

GeorlIe T Tawse -Supivisor CageR 2109.1*9172 'Pug. I nfl

(tItO)

ONVIRONIETAL,%NDCOMPLIAN(EDEPARrMEr4T 100' toMranuo•,.se, 01s

.75w. S)le

tJ/3

Jarh,00c9n FL 30207

Phmn: 904 301,3600

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MUNICIPAL CODE COMPLIANCE DIVISION

aa% n4 Where Floiida Begins.

Residential - First Notice Violation Category - Exterior Violatlona Violation SubCategory - Roof Location of Violation

Description of Violation

Roof

Roof structure is deteriorated, damaged, or otherwise unsound.

Roof

Roofing is deteriorated or roofing materia! is not securely affixed to the mof.

Roof

Roof leaking.

Remedy

Repair or Rei j

Repair or Replace Repair or Replace

Violation Category - Interior Violations Violation SubCategory - Interior Ceilings Location of Violation

Description of Violation

Kitchen

Ceiling is in insanitary condition.

Entire

Ceiling height less than minimum seven feet for habitable room.

Kitchen

Ceiling is sagging or otherwise unsound.

Remedy

Repair or Replace

Correct Repair or Replace

End of violation(s) listing

Case #: 20119-160172 - Page 2 of 2

(M tO)

ENVIRONMENTAL AND COMPLIANCE DEPARTM ENT 1801 Art Museum Drive, Bldg. 3500. Suite 200

Jacksonville, FL 32207

Phone. 004.301 3600

Fax: 904.396.1744

www.cOj.net


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N THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA CASE NO : DRO7- 1665 DIVISION: 57

IN RE: THE MARRIAGE OF OLGA T, WALSH ( Former Wife), and

Daniel F. Walsh (Former Husband) I

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Former Husband just recently received his mail, and apologizes to the court for this delay in his response to the most recent court order. Former Husband feels this would be the appropriate monetary damages pertaining to the costs associated in not receiving the $25,000.00 non modifiable lump sum alimony that was to be payable (6) weeks after the Final Judgment was signed and ordered on October 29, 2008 by the Honorable Judge Alexander. The courts reference to case law in determining "equitable

distribution" appear to be accurate because ofthe specificity in each case, but appears to be irrelevant in this case for the lack ofspecificity. Also, the Former Husband does not see any case law mentioned in determining whether this is "support alimony". The court should

be reminded that the Former

Husband never received any part of "equitable distribution" according to the Final Judgment, which coincidentally was signed four (4) years this month. In the Judge's most recent order the court uses the

term "typically" which like "usually" are words that show neither exclusivity, nor fact in determining this alimony. Typically is based solely on your Honor's "belief" that the tax treatment and consequences are "interpreted" as equitable distribution and not "support alimony". Florida 61.08, (2), (h) -The tax treatment and consequences to both parties of

the designation ofall or a portion ofthe payment as a nontaxable,

(1)

"any alimony " award, including

nondeductible payment.

(Former Husband ask the court does this refer to "Typically")?

Statute


In any case, the Former Husband wifl accept the Judges decision in contempt and the Judges assumption

on finding the Former Wife not found

that this non modifiable lump

"equitable distribution", and not "support alimony" (if) all the

court in receiving Monetary Damages. Keep in mind, a lien on the Former Husbands home is nothing Former Husband will eventually receive what

sum alimony was formulated as

terms are included and accepted by the

the $25,000.00 that the court suggests to attach as

more than a "perception" on the courts part that the

is owed in the future. If history is any indication in these

court proceedings, this is nothing more than an "illusion" in ones mind.

LUMP SUM ALIMONY1) Former Husband would ask the court to order the $25,000.00 lump sum alimony as a Qualified Domestic Relations Order , or (QDRO) for security purposes, and as a remedy ofreceiving his fair share of "equitable distribution, Diffenderfer y. Diffenderfer, 456 So.2d 1214 (Fia. ist DCA 1984), The Florida Chapter oftheAmerican Academy ofMatrimonial Lawyers submits this Brief, as amicus curiae, in support of the position that a trial judge should treat a spouse's entitlement to retirement benefits as a marital assets and therefore subject to equitable distribution, applying the same criteria for such distribution as is applied to all other marital assets. Former Wife's pension was mediated and included in the $25, 000.00 non modifiable lump sum alimony ( see attachment ( C). This QDRO, as part of the "equitable Wife decides to vacate the home in

distribution" will also protect the Former Husband

if Former

case of foreclosure proceedings, and the Former Husband will then

get nothing. Former Husband does have

evidence that Former Wife has been behind

payments. The home is no longer an asset; thus

there is "no security" if one cannot sell the house as

suggested in the Judges most recent order. At the asset". Former Husband has offered (2) options

on her mortgage

present time we may refer to the home as a "toxic

below towards monetary damages. Either

be appropriate in this matter.

(3)

option would


((f1 OPTION 1:

Student loans =$ 45,000.00 - this has prolonged Former Husband from graduating the University of West Florida, and has negatively

more school loans in which to live off of (see

Hospital Bills = $ 44,000.00

affected his studies; thus costing Former

does not have any extra funds available

Husband

attachment ( D), 1, 2, 3).

- Former Husband's (2) night stay at Shands Hospital,

1/2) hour operation performed on his left

as a Senior from

eye. Former Husband cannot make any

plus having a (3

payments since he

( see attachment ( E).

Fraud = (Option 2), ( see attachment ( F ), I , 2,). Perjury = (Option 2), ( see attachment ( G ), 1, 2, 3, 4, 5, 6).

Former Husband's Dog Priceless - Former Husband has not been able to see his dog in over (3) years.

Former Husband's Living Conditions $2,800.00 - Former Husband was forced to live in a dwelling afier vacating his home according to the Final

Judgment that was neither healthy, nor livable ( see

attachment ( H).

Cost of rectifying blind left eye = $5,000.00 - $10,000.00 - Former Husband is receive proper medical attention for his detached

retina. Former Husband lacks the financial

for an evaluation, and is currently blind in the left eye. Shands need be ( I was told by my surgeon, Dr.

Cost of renting

Husband had multiple properties over the

Florida).

to purchase his own home. Former

past several decades, and $25,000.00 in non modifiable

sum alimony would have been plenty for Former Husband of not receiving any of the court ordered

resources

quoted husband for a prosthetic eye if

Lawrence Levine, Shands Hospital, Jacksonville,

S 6,800.00 - Former Husband was unable

forced into penury, and is now on food

and was unable to

lump

to attain his own personal shelter. Because

non modifiable lump sum alimony, Former Husband was

stamps ( see attachment ( I).

(4)


OPTION (2): The Former Wife's Pro Bono Attorney Diane L. Paul! will sign a sworn affidavit in reference to WALSH y WALSH, CASE NO. - DRO7-1665. In doing so, Former Husband will relinquish all claims

to his $25,000.00 non modifiable lump sum alimony including all monetary damages associated herein or thereafter

I, Diane L. Paull under sworn testimony has intentionally and irrefutably committed perjury and fraud

in the case of WALSH V WALSH, CASE NO., DRO7-1665. My behavior as a Florida court official in this particu!ar case is not only embarrassing, but also humi!iating to those in the legal profession who

abide and uphold the ethics and standards required under the Florida Rules of Professional Conduct. By signing the sworn affidavit, I, Diane L. Paul! will no longer practice law in the State of Florida. In return, by signing this sworn affidavit Former Husband, Daniel F. Walsh will not pursue any criminal

charges against me, nor pursue any type of lega] action against my person. I am aware and acknowledge that the local media has evidence of my bad behavior, as does F.B.I., Specia! Agent Joe

Noone in Scranton, Pennsy!vania whom I called and spoke with to verify this. This statement of the phone ca!l to the Special Agent was also witnessed and heard by the local media including The Fo!io Weekly who attended another case involving myself and Former Husband, Daniel F. Walsh, in PAULL y WALSH 16-2012-DR-0151-DVXX, Duval County, F!orida, pertaining to Former Husbands political blog. I, Diane L. Pau]l also refused to cooperate in doing a feature story for a local newspaper

involving my dea!ings with Former Husband, Daniel F. Walsh over the past ( 4 ) years . Furthermore, I realize that the Former Husband has material evidence to acknow!edge my guilt, and his extensive

research in the "Kids For Cash" ordeal in Luzerne County, Pennsylvania only solidifies my guilt ( see

attachment ( J ). ( Foi-mer Husband will have a legal document written to this affect if this option is chosen).

(5)


L Former Husband is willing to accept S i 00.00 per month

through the Florida Disbursement Unit

beginning November 1, 2012 from the Former Wife, who

continue each and every month until the Former Wife

will sign and agree to this. This $100.00 is to

reaches her 62nd birthday, which is February 10,

2013. At this time Former Wife is eligible to retire and also

her state pension plan and under Federal law. I'm

collect social security benefits according to

sure the St. Johns County School District as the

Judge well knows, will accommodate Former Wife with another job within the District were to retire ( see attachment ( K ), 1, 2 ). Former Husband will

if Former Wife

accept a lump sum payment of half

( 50% ) ofwhat was owed in the original divorce settlement. That is $12,500.00 to be paid in full. The Former Husband wants security, and protection after being

put in such a life threatening situation for

the past four (4) years. Ifthis is acceptable, Former Husband

will have a legal document written to this

effect by a licensed attorney In conclusion ; when there is bad behavior there needs to be consequences, not only for my Former Wife, but for anyone.

For the record, the Former Husband had also made

a proposal to the Former Wife in having the

Former Husband return to his home in an attempt to

reconcile any differences for a (6) month

trial basis. Former Wife refused. This -s documented in the courts transcripts

and the $20.00 CD

of the General Magistrates hearing on May 29, 2012.

CERTIFICATE OF SERVICE I certify that copies of this document (s) were mailed on October

20 1 2 and furnished to:

Olga T. Walsh, 42 Sailfish Dive, Ponte Yedra Beach, Florida 32082 Ms. Diane L. Paull, 1510 2nd' Street South, Jacksonville Beach, Florida 32250 Special Agent, Joe Noone, Federal Bureau ofinvestigation, P.O. Box 1104, Scranton, Pennsylvania i 850

/acxtd' 짜;eA&A Daniel F. Walsh 2656 Stern Drive South Atlantic Beach, Florida 32233 Tel : 904-235-1764

walshie50cao1.com


L 7-7: 7

ivi

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PAT

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C'y)

LUCY C. TALLEY Publisher

T4

FRANK.M. DENTON

ROBERT E. MARTIN

.

Editor

General Msnager

MICHAEL P. CLARK Ed%torial Page Edit&

1:1

JACKSONViLLE WEDNESDAY FEBRUARY 23, 2011

WWW.JACKSONVILLECOM

More opinions online See our Opnon Page hog. You will find comments front ed¡toria board members and cotumnists, extra materias, syndicated cokmns as soon as we receive them and letters from readers that don't make the paper. Just go to this website: jacksonville.com/opinion.

[II'1lff1J2ltI1

Teli the FBI is a cancer for taxpayers that poisons the system for everyone. Thats a big reason why it's important to make it easy for the public to report it to authorities in a position to combat it. The Jacksonville division oldie FBI has launched a new corruption tip line that encourages people to report bribes, kickbacks or other illegal activities that involve people who use their public offices for personal gain. And it doesn't matter if those officials are elected appolntŠd or under contract to do work for the government. It's the law

The FBI notes it is a violation of federal law for officials at any level of government to ask for or receive anything of value in exchange for

- or because of - any official act. But those secretive deals are often hard to detect and even more cha!lenging to prove without th‚ help of people who can alert authorities. The FBI says contract fraud surrounding the federa! stimulus moneyls ofparticular concern. Ahniit

hcilfnfthe

estimated 9,4

CONTEiCT THE FBI I

FBI JacksonviHe Public Corruption Tip Line: 1-888-722-1225 u Via e-mail: jacksonviUe(ƒiic.fbi.gov

Ptace "Public Corruption up" in the subject line.

.

a For more on corruption th‚ FBI •s looking for, visit http:// jacksonville.fbi.gov/priorities.htm

t-n MEC

B' Mil

CITY EIHLCS HOTLINC

Medl need&

a (904) 630-1015

ineffi

ThE tO Me

sible action or to the state atomnev or federal authorities. The city ethics system can help diffuse problems before they reach the Fflls level of concern. Strangely, some public officials think ethics should he self-policing, an attitude they don't rake with other crimes.

there are more than enough examples of corruption among pubYet,

lic officials. The biggest city scandal in recent years involves allegations of btibery, conspiracy, mail fraud, money laundering and lying ro the FBI

reardIn the nort and its

fnrnir

imprc ellov the e that h

state Et i'

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----------the property was currently for sale, meaning was it ment listed and/or posted for upheld? sale, Mr. Wolfson resp¢nded that the property- was

was required ta stand on

--

-

its own merits, and h

acted on guiding principles and established provisions

rwiUe.

of the time, Mr. Wolfson

225Q.

,

*-.

-

Š2sLki

in our City be

Li 1-U--

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i,..

fectly reasonable to in guidelines for manai

the tree canopy. W

L•ndley Tolbert these guidelines spi11 c Atlantic Beach private property, s management quickly gr tates toward tyranny. I facing a panel of my nei bois who genuinely bell it's their moral obligat to force me to obt approval to trim my o trees. It did not seem to ma

to these folks that I i not actually violated

To the edftoñ

evidence that violations have been committed, and many of the 'power bro kets" are now being monitored Keep In m¤d,- tse- other consumer protection agencies, such as the Florida Attorney

-

-I have spent the past IS niontbs - in Luzerne Count% .PenyIvania tesearch. ng and investigati¤g - the 'Kfds fox Cash" ordeal ¡n which -se•Šral —dges - arid lawyers were gettingldck b acks Incarcerat-

-

canons of the ordinance question. Their issue was that sii I liad not asked pennissi to dq that which Is perle

'y permlss•ble -J must ing juveniles in a detention center in Ienera1 are politically Influenced and are punished. going to be biased toward - How dare I take the i: specihc cases wMclitbeywexe investors. The one thing- that was learned from that-they are investigating. The FBI on the tiative t¢ protect my far hand does not answer to any pohti my experienceis the-role the FBI played other ly and neighbors fr6m: t cal party or "power brbkersM, and that is potenUal- damage of fail in bringing d•wn t he "culture of c”rrtip- why they have a civil rjtS -dtvisi”n. tiOn'1 In that cot—ttywhich happens to be is imperative that the Arneican peo- branches. :Writing t. my homtowi During this time frame pielt understand for the fine feels li what is happening in this ch‚ck tbe Peds had infiltrated and brought to rm allowing a bully -country, and if this "culture of coftupt•onw )ustice over 30 ' power brokers' and local is not dealt with, we will all suffer dire strong-arm my Iun government offlcials that had either conmoney; spirect to commit fraud or committed consequences as a democracy. Of course It seems like we have Ic there are those who believe that very faith aimes- against Its citizens Iii the cognitive abi shortly this corruption will be obliterated ty of ¢urfellow In my last letter to The Beaches Leader hufli several years -ago, I talked about the by sonething much more powerful than beings. Regulations ha' cleansing process that must take place us mere mortals. In ny case, there is riot implicitly told us for before we can move on This Is nw talc- a politician(s) that can change what is long-that w‚, - and peci at this point, "only the peop1e -ly th‚ other ing piace, but as' expected the sanie happening guy, cantt i 'power brokers" who contributed to this can make the necessary changes, and it trusted to make and starW with knowing oneseIf econOmic messi are now positioning years ago the public was warned responsible - for our os themselves onceagain to take advantage inSeveral the The Beaches Leader what was going decisions that we reflexiv of a very 'vulnerable - sItuation. ly abide the altruistIc idea to happen with the and unfor- of transferring more at Coinddentaily, several m”nths ago the tunately this scenario became a realty. FBI set up shop here in jacksonvllle and more-muscle to the centr created a h¢t1ii•e <iekZ8i88S-722- Again, the public Is getting an adva•ice authority. warning on- a scenario that will b far 1225>(I'-888-72Z-1225) on public corrupOne day soon, we m than the economy if this "culture wake tiOi1L I WDUId suggest to anyone that has worse up to - discover th the stightestinformation on possible vio- of corruption" cleansing process is not we've opened ' the wror know this.. because it's in eyelid f1rst, according lationa In the public sector, including achieved.we to the book...have -

-

-

-

-

-

economy1

-

-

a good day.

public officials please coitavt the FBI Th : ere Ls noth•ngto fear,, for the top law enforcement agency in the country has Piss Room

YOUR VIEWS ARE WELCOME

Paul Corey Justin Wray Glenn Gaffney John Zrbisky

Are you a BŠaches resident interested -n writing a guest column for The Leader? Send an e-mail to: editor@beachesIeader.com

D33

ne-w ordin-a*ice regulatmn

sleep habits. Dan Walsh Rest assured, there wi Atlantic Beach be some gr¢wn-up-kic

-

who-used-to-eat-past standliig there ready t send us to the prjndpai

office for a reprimand. With apologies to Patric Henry, as- for me, give in liberty or else you can tal< over my yard care!

Cary Quid Neptune Bead

,

------'--- -- - ---

--.------

-

---. - -.

- -- S------ -

--- -

--'-

-

-

-

----- -e- - - ----

------ -.. .-'- -.--- -.----- ---

'._'-'


M?P7T

j

-

IN RE THE MARRIAGE OF .OLGA T. WALSH, Wife,

IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST, JOHNS COUNTY FLORIDA CASE NO.: DRO7-1665 DIVISION: 57

/' i)

U

and DANIEL F. WALSH. Husband.

ORDER GRANTiNG INJUNCTIVE RELIEF THIS CAUSE came before the Court upon a motion for

injunctive relief against the Husband due to his actions in threatening to file suit against the St. Johns County School District and to have the Wife fired from her job at Ocean Palms Elementary School. The Husband has made threats against the Wife and Wifes counsel and has recently filed a Bar complaint against the Wife's attorney. The Bar complaint appears to be an absolute waste of time and upon query by the Court as to what the grounds are in the Bar complaint, the Husband claims the Wife's attorney has engaged in abusive behavior." When asked to explain, he could offer no explanation other than Diane Paull, Attorney at Law, is "abusing us financially." lt appears the Bar complaint by the Husband is a malicious waste of The Florida Bar's investigative officer. The Court has asked the Husband to give it evidence that the Wife's attorney has publicty slandered him, for which the Husband has no answer. His previous attorney filed a Motion for Leave to Withdraw and a trial on the parties' dissolution action has been scheduled for September 2008. The Court has also received credible evidence that the Husband J/_ has threatened the Wife that he will contact her employer to have her fired and it is the Husband who

(

?

agrptIy has engaged in defamatory conduct against the Wife's attorney and against the Wife. Said behavior includes calling the Wife's attorney's office and asking il the Wife's attorney was 'going through menopause." (He also threatened the Wife's

attorney by stating she should "watch [her] back" and "don't cross Danny Walsh.ø These actions run the distinct risk of irreparable harm and support art injunction against

-,/c: ‥A-' i)

T''


C/i

.

(

the Husband. Accordingly, it is ORDERED AND ADJUDGED AS FOLLOWS:

I

.

The Husband is enjoined from contacting the St.

Johns County Schoot Board or by and through any third party regarding any defamatory comments against the Wife and/or damaging the Wife's character or reputation with the St. Johns County School Board. 2.

The Court awards the Wife attorney's fees and costs for the filing of this motion and the Wife's attorney may file an affidavit in regard to her costs and fees for the preparation of this motion and attendance at hearing held on June 17, 2008. DONE AND ORDERED -n Chambers at St. Augustine, St. Johns County, Florida, this 18th day of JUNE 2008.

JOHN M. ALEXANDER, Circuit Judge

Conformed copies furnished to: Diane L. Paull, Attorney, 1510 2nd Street, South, Jacksonville Beach, FL 32250 Daniel F. Walsh, 42 Saitfish Dr., Ponte Vedra Beach, FL 32082 The Florida Bar, 651 E. Jefferson St., Tallahassee, FL 32399-2300 (file #2008-00-934 (4b))

2


‥E

.

.

INTHE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, N AND FOR ST. JOHNS COUNTY, FLORIDA

/'

Case No.: DRO7-1665

Division: 57 IN RE THE MARRiAGE OF:

OLGA T. WALSH, Wife, and

DAN1L F. WALSH, Husband.

______--j

?

-:;

VERIFiED MOTION FOR INJUNCTIVE RELIEF

COMES NOW Wife, OLGA T. WALSH, by and through her aftoi

.

DIA

L.

PAULL ESQ., and for her Emergency Vetified Motion for Injunctive Relief aJusd, DANIEL F. WALSH, states as follows: I.

Dissolution of marriage proceedings are currently pending between the parties

before this Honorable Court. 2.

Husband is contacting Wife's employer, threatening to file suit against the St.

Johns County School District in an effort to have Wife fired from herjob. 3,

Husband has published and otherwise made public written statements that contain

libelous and false statements about Wife's counsel's professional licensure. Such statements have been published by Husband with the intent to defame Wife's counsel and subject her to shame, embarrassment, and ridicule in ber profession.

#. ..'

__)

Husband has made verbal threats against Wife and Wife's counsel, warning them

them would be "serious" consequences for "crossing" him and Wife and ber counsel better "watch her back". Such statements were heard by third parties at Wife's counsel's office, who became justly fearful for counsel's safety.

t

Husband has filed a grievance with the Flonda Bar, false'y maligning Wife's

counsel to her professional

licensing entity. In that grievance, Husband has stated he will take

his battle to (lie "media" to continue to defame Wife's counsel and, further, plans to file "a class action lawsuit" against Wife's counsel.

j/

/)

/

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'

\


.

.

STATE OF FLORIDA, COUNTY OF DUVAL:

SWORN TO AND SUBSCRIBED before me, tbisĹ’ day of June, 2008, by OLOA T. WALSH, Wife, who is personally known to me or who has produced a Florida drive?s license as identification.

Kathlun A. Skoblow '

CommIseo. # 00451 782

Notary Public

t( /Ex*essspt.mber7 2009 MSJJSII

Respectftlly Submitted:

SIMPSON & PAULL, PL.

UIRE Attorney for Wife Florida Bar No. 0645605 15102nd St. S., Suite A Jacksonville Beach, FL 32250 Tel: (904) 249-7288; Fax (904) 249-1779

CERTIFICATE OF SERVICE I CERTIFY a copy of this Motion for Injunctive Relief was mailed to the Husband, Daniel F. Walsh, at 42 Sailfish Dr., Ponte Vedra Beach, FL 32082, on lune 2008. L. PA Attorney for Wife

QUIRE


I

:

(,iIt ¨¡'J

( I

/1 Walsh:

Diane nrc yu going through menonuse.,,eau i ask you that? re yo going through menopause? You need to just chill out lets work together and get this thing over with bui please do not do an1hing hehind Dan Walsh's back anymore there is always going to be consequences renwrnber that 0k? and we will get reads for June 17th 0K? k)

Dtane Paall:

M. Walsh fvou dont refrain from liablc statcncnLs I wilL ask 1ud Aieander to instrt:ct you accordingly

Dan Walsh:

L)•;ne Pa:ill.

Thats fine

\rd you are noi abk

ti) CiilitiiCI 111V

cIiiit Lu anvw av s¡iae o; orin

rcaictiiig liiese proceed:iigs and thus you are on nonce You will not speak o my dient Olga WuLib on the n1ato;s al al i or bee sanctions for

support do I maie tisclf clear Dm \Vais•::

t loc niv wut she is counseling. hats al I

1)ianc Paull

Ir \Valsb ifvou

or libel there vilt

a good woman 1he would just uci sonic I

i an

ever make any statements about ne again that are

ftilse

rue co:lsequCilces

Dan 'Vaish:

00h vea sonimc luke rie no" ;Iits erv tilerapeutic its workiug So ie will ha talking with you Diane you take cale of ourseIfaiid llave a good weekend Pli go puay for ou

Diane Paul!:

Welt we i Il have che ude dccidc than

Dan Walsh:

Thais tine von ake care of yourself

//

( r

iJ

/


(t3 cc7

Case: 3:09-bk-05806_PMG Debtor: Olga Walsh

Select Creditor O Daniel F. Walsh do Diane Paull, Esq. 1510 Second Street South, A Jacksonville Beach, FL 32250

J A

O Creditor not listed

NO

& I

รกt<kLIfTC111


Debtor Case Number

Olga Walsh 3:09-bk-05806-PMG

Creditor

Daniel F. Walsh e/o Diane Paull, Esq. 1510 Second Street South, A Jacksonville Beach, FL 32250

Address where notices should be sent Telephone Number:

I

O Payment Address differs from Notice Address

Creditor Creditor Address where payments shouldbe sent

_________________________________________

(City, State, Zip)

Telephone Number:

Authorized Agent of Creditor:

Name___________________________________ Title___________________________________ Address, City, State, Zip Telephone Number (813-555-1212) O Check this box to indicate that this claim amends a previously filed claim.

Court Claim Number: FiledonH

1.

O Check box if you are aware that anyone else has filed a proof of claim relation to your claim. Attach copy of statement giving particulars.

U

Amount ofClaim as ofDate Case Filed: ____________ Ifall or part ofyour claim is secured, complete item 4 below; however, if all ofyour claim is unsecured, do not complete item 4.


/1 3:09-bk-05806-PMG Olga Terezia Walsh Case type: bk Chapter: 7 Asset: No Vol: y Chief: Paul M. Glenn Date filed: 07/15/2009 Date of last filing: 07/18/2009

Attorneys Robert D Wilcox Wilcox Law Firm Enterprise Park 4190 Belfort Road, Suite 315 Jacksonville, FL 32216 904-281-0700 904-513-9201 (fax) rwilcox@wilcoxlawfirrn. corn Assigned: 0 7/15/2009

Olga Terezia Walsh representing

P.O. Box 144 Ponte Vedra Beach, FL 32004 (Debtor)


fr'1

THE FLORIDA BAR 651 EsrJFflRo STREET Tunsu, FLORIDA 32399-2300

JOH% F. H,.Ms JR. ECl TP.1áhkECIfI

($50) 561-5600

May 16. 2008

Mr. Daniel F, Walsh Drive Ponte Yedra Beach. FL 32082 42 SaiLfish

Re:

Ms. Diane Lynn Paull; RFA No. 08-19621

Dear Mr. Walsh:

Your inquiry concerning the conduct ofthe above member ofthe Bar has been analyzed and has been determined to be a matter which warrants finiher invtigation. The Supreme Court of Florida has adopled mIes that require the allegations be signed and under oath. In order to comply with this ruic you mu.0 sign the oath below and return it to us by May 27, 200$ before 'we can proceed with an investigation.

Under penalty of perjwy, I declare that the facts contained in the inquiry submitted to The Florida Bar concerning Ms. hull are true, correct and complete.

;4(,.

¨Li

¨i/4L

Mr. Daniel F. Walsh

J-12-o / f Date

you do not complete and return the oath foim (o us, we may be unable to proceed with the investigation. A copy of the rule imposing this obligation (3-7.3(c)) may be found on the Bar's web site at www.floridabar.org. 1f

Also. if you have documents that you feel support your allegations. please provide copies

them when you return the oath.

Thank you for your cooperation. Sincerely.

tG(i E3Z4A7 Heidi E. Brewer. Bar Counsel Attorney Consumer Assistance Pmgrain

of


¯

1-

TRACY M RIZZO 16-2011-CA-008530-XXXX-MA Other Ne'gIigence -Othr Division: CVD

Party(s) Full Name

Party Type

Sex

RZO,TRACY ;;;;;i

:''

.

----

.

Race DOB License #

-r

Address

--

'

[DEFENDANT L

Case Fee(s)

r;;ji ; ;;;;i;;; [i€dT a iTIn I Docket(s)

jImagej]

Count Description 10/18/2011

.

10/18/2011

DEMAND FOR JURY TRIA

OTHER NEGLIGENCE - OTHER

.4

10/19/2011 :

L-

10/19/2011 10/19/2011

00 ON RECEIPT NUMBER 1412225 -

- ISUMMONSISSUED WILLIAME DOYLEPA

SUMMONS ISSUED DIANE L PAULL

10/19/2011

-

L..

10/19/2011

SUMMONS ISSUED' SIMPSON & PAULL, PL

10/19/2011

CASE FEES PAID: $4OE00 ON RECEIPT NUMBER 1412563

11130/2011

MOTION TO DISMISS WILLIAM E. DOYLE, ET. AL.

11/30/2011

ANSWER , DEFS AND AFFIRM DEFS/DEFTS DIANE L PAULL AND SIMPSON & PAULL PL/ATTY

_.__._

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wd: dianeeaufl

http://rnail aol coin'3 5322-11 1/ao1-6/en-us/rnail/P造nMessaaspx

Forwarded message From: Debra Dempsey <debraIdempseygmaI. corn> Date: Fn, Oct 7,2011 at 1:13 PM Si.bject: thane peuH

To: walshie5Oqrnail. corn

Do you ha

anymore information aboti her. She screwed me and today i found o&. another cilent too. The fist is Ior! She will come after me if you give her my name and my children are at risk!


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