1 in the circuit court of the tenth judicial circuit in...

(888) 686-9890WASILEWSKI COURT REPORTING

1

1 IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA

2 CASE NO.: 99DR-000667

3 IN RE: THE FORMER MARRIAGE OF:

4 ,

5 Former Wife,

6and

7

8 ,

9 Former Husband.

10

11 DEPOSITION OF

12

13 DATE TAKEN: Thursday, February 14, 2013 TIME: 11:13 a.m. - 12:25 P.m.

14 PLACE: Wasilewski Court Reporting, LLC 310 East Main Street

15 Bartow, Florida 33830

16

17

18

19 Examination of the witness taken before:

20 Linda S. Blackburn

21 Registered Professional Reporter Certified Realtime Reporter

22 Certified CART Provider

23

24

25


2

1 APPEARANCES

2 Counsel for Former Wife:

3 CHRISTIAN M. DENMON, ESQUIRE Denmon & Denmon, PA

4 Attorneys at Law 1560 West Cleveland Street

5 Tampa, Florida 33606 813.554.3232

6 [email protected]

7 Counsel for Former Husband:

8 VICTOR R. SMITH, ESQUIRE Frost, van den Boom & Smith, PA

9 Attorneys at Law 395 South Central Avenue

10 Bartow, Florida 33830 863.533.0314

11 [email protected]

12 Also Present:

13 , Former Wife

14

15

16

17

18

19

20

21

22

23

24

25


3

1 I N D E X

2 WITNESS PAGE

3 Called by the FORMER WIFE:

4 ............................. 4

5 Direct Examination by Mr. Denmon............... 4

6 Certificate of Oath............................... 54

7 Certificate of Reporter........................... 55

8 Witness Read & Sign Letter........................ 56

9 Errata Sheet...................................... 57

10

11

12

13 E X H I B I T S

14 FORMER WIFE'S PAGE

15 No. 1) December 2011 Retiree Account Statement... 11

16 No. 2) 11-24-99 Amended Financial Affidavit...... 15

17 No. 3) July 2012 Retiree Account Statement....... 19

18 No. 4) 7-18-12 Former Husband's Amended Family

19 Law Financial Affidavit................... 22

20

21

22

23

24

25


4

1 THEREUPON, the following proceedings were had

2 and taken:

3 THE COURT REPORTER: Raise your right hand

4 please, sir.

5 Do you swear or affirm that the testimony

6 you're about to give in this matter will be the

7 truth, the whole truth, and nothing but the truth?

8 THE WITNESS: I do.

9 , called as a witness by

10 the FORMER WIFE, having been first duly sworn, testified

11 as follows:

12 DIRECT EXAMINATION

13 BY MR. DENMON:

14 Q. Good morning, Colonel.

15 A. Good morning, Mr. Denmon.

16 Q. Colonel, you've been in deposition before?

17 A. I suspect the last time, 14 years -- 13 years

18 ago, I was. I don't recall.

19 Q. It's been a while, right?

20 A. Yes.

21 Q. But you just watched a deposition, so now you

22 have a good understanding of what's expected of you,

23 right?

24 A. Yes.

25 Q. If I ask you a question and you don't


5

1 understand what I'm saying, let me know. Okay?

2 A. Okay.

3 Q. And when you do answer, this isn't really for

4 me as much as it is for her, make sure you answer

5 everything with yeses and nos, oral cues as opposed to

6 shaking heads and that sort of thing. Okay?

7 A. Yes, sir.

8 Q. Have you been diagnosed with any mental health

9 issues?

10 A. No.

11 Q. Okay. Physical issues?

12 A. Yes.

13 Q. Okay. What are those physical issues?

14 A. Two new knees, entirely new knees, replacement

15 of both knees, right and left.

16 Q. And when did that -- when did you go through

17 that?

18 A. 2008, 2009.

19 Q. Okay.

20 A. Broken shoulder, the rotator cuff; lower back,

21 technical name problem for the lower lumbar.

22 Q. Doctor says you need a backeotomy? Back

23 issues, right?

24 A. Back issues, lower back issues, twisted out of

25 turn.


6

1 Q. Okay.

2 A. Cancer, hearing problems.

3 Q. Is the cancer a current issue, or is it in

4 remission?

5 A. Cancer was operated on in 2005 -- in September

6 2004 --

7 Q. Okay.

8 A. -- and has not recurred since. I check myself

9 once a year, no recurrence.

10 Q. Okay.

11 A. And heart -- heart issues. For the lack of a

12 better term, palpitations of the heart.

13 Q. How old are you?

14 A. Sixty-three, 64 in a couple months now.

15 Q. Are you currently seeking employment?

16 A. I have sought employment extensively.

17 Q. And when is the last time that you sought

18 employment?

19 A. About a month ago.

20 Q. Any applications this month that you've put

21 out?

22 A. No. Not to my recollection, no.

23 Q. Last month, what type -- what type of

24 employment are you looking at?

25 A. Quite frankly, something that will be able to


7

1 be done by me that will be capable to be done by my

2 physical limitations.

3 Q. Sure. Own any businesses?

4 A. No.

5 Q. Okay. There's a Consulting that I

6 had asked you about. What is that?

7 A. I have no idea what Consulting is.

8 Explanation of how Consulting may have been

9 born?

10 Q. Sure. Anything that you can tell me that might

11 help me out, even if you speculate.

12 MR. SMITH: I got something --

13 THE WITNESS: Go ahead.

14 MR. SMITH: -- for you on that to that

15 affidavit. We've done an extensive affidavit on it.

16 He even followed up with Dunn & Bradstreet. I

17 really don't know. It's not the only time I've seen

18 this happen on a -- because we went and did a search

19 ourselves and came up with -- I don't know.

20 Q. Any idea?

21 A. I have no idea. It's --

22 MR. SMITH: Have you received his affidavit on

23 that, though, Christian? Because he just signed it

24 yesterday, and I don't think you have it yet.

25 MR. DENMON: I don't.


8

1 MR. SMITH: And it's kind of a funny story.

2 You should -- but -- and I'm sorry.

3 THE WITNESS: I know. Should I say birth of

4 the name or --

5 MR. SMITH: It's inappropriate for me to do it,

6 but tell him.

7 A. The birth of the name Consulting was

8 perhaps a Sam's card which was switched to

9 Consulting by the Sam's employee. I had a Sam's card

10 for years of which I owned a vending business years ago.

11 In about 2007, 2008 at Fort Bragg, I went to renew my

12 card, and the young lady behind the counter where I was

13 paying my $35 basically said, "You still own the vending

14 business?"

15 And I said, "Oh, no. That business has been

16 long gone."

17 "Well, you're in the service. You guys are

18 going to retire soon. All you guys in the military go

19 into consulting. What if I just put

20 Consulting as a new business?"

21 "Go for it." And so she did. I paid my $35,

22 and I had no idea what Consulting was till it

23 surfaced here about a month ago. And it was two weeks

24 ago, a Super Bowl Sunday, that my wife, in Googling

25 Consulting, it appears, and she said, "Honey,


9

1 you better come over here and look at this." And it

2 lists me complete with a map to my house with an arrow

3 and everything. You know this as well as you know, I'm

4 sure, there's a little block in there that says Dunn and

5 Bradstreet. Pressed on it, Bradstreet's got no record

6 on me.

7 I took it further to the incorporated offices

8 of North Carolina. They have no record for me. State

9 Attorney's Office, State Secretary's Office, Dunn and

10 Brad -- no record. How it got there, Mr. Denmon, I have

11 no idea.

12 Q. your wife --

13 A. Yes.

14 Q. -- is that correct?

15 Is currently employed?

16 A. She is.

17 Q. And where does she work?

18 A. She's a social worker.

19 Q. And how long has she been doing that sort of

20 business?

21 A. Approximately three years.

22 Q. And what's her annual salary?

23 MR. SMITH: Objection. I would object as to

24 anything as it --

25 THE WITNESS: Okay.


10

1 MR. SMITH: -- relates to her personal

2 financial information.

3 With that said, with the objection --

4 THE WITNESS: I'll go with counsel.

5 MR. SMITH: -- go ahead and answer.

6 THE WITNESS: I go with counsel.

7 Q. Well, wait. He's made his objection.

8 A. Okay.

9 Q. And he'll bring it up, if he needs to, with the

10 judge. But with that said, the answer, to your

11 knowledge, what does she make?

12 A. To my knowledge, $25,000 a year.

13 Q. And she lives with you full time, right?

14 A. Yes.

15 Q. Is she collecting Social Security yet?

16 A. No.

17 Q. How old is she?

18 A. She's 55.

19 Q. Does she keep separate bank accounts?

20 A. She has her own bank account, correct, from her

21 work.

22 MR. SMITH: Thank you.

23 MR. DENMON: And even worse than Mr. Smith, I'm

24 armed with one copy today.

25 MR. SMITH: That's fine. Do you want her to


11

1 mark them, Christian?

2 MR. DENMON: Yeah. Do you have the little

3 stickie thing?

4 THE COURT REPORTER: Yes, sir.

5 MR. DENMON: Okay. Better than me writing on

6 it.

7 (Former Wife's Exhibit No. 1 was marked for

8 identification.)

9 Q. And what we're going to hand back to you has

10 just been premarked as Exhibit 1. And spend a second

11 taking a look at it. When you're ready and you know

12 what it is, let me know.

13 A. It's my LES, yes.

14 Q. So that's your Retiree Account Statement?

15 A. Correct.

16 Q. Which is equivalent to the LES after you

17 retire, right?

18 A. Correct.

19 Q. And what I'm looking at is going to be under

20 the Pay Item Description.

21 A. Yes.

22 Q. Okay. Gross Pay, what is Gross Pay?

23 A. Gross Pay is a determination. This figure is a

24 determination of a percentage of my disability. What is

25 the base pay of a lieutenant colonel? The base pay of a


12

1 lieutenant colonel is X. The Army, the military, takes

2 a percentage based on my disability and they come up

3 with not a base pay forever, but a base pay of which

4 represents $6100 on a monthly basis.

5 Q. Okay. And that's based on how many years that

6 you were in the service, correct?

7 A. That's correct.

8 Q. And the retiring grade, correct?

9 A. That is correct.

10 Q. What was the -- what grade were you at when you

11 got divorced from Mrs. ?

12 A. I had just made lieutenant colonel.

13 Q. And what's the letter and number with that; do

14 you know?

15 A. LTC-05, 05.

16 Q. Can you remember what your gross salary was at

17 the time of the divorce?

18 A. The gross salary, whatever was on the W-2s --

19 or not on the W-2s, but rather the tax statements.

20 MR. SMITH: The --

21 MR. DENMON: I'm talking back in 2000, and I

22 don't have the prior financial affidavit.

23 MR. SMITH: I have his if you want him to look

24 at it.

25 MR. DENMON: Perfect. Can I?


13

1 MR. SMITH: It may take me a second to go to

2 it.

3 THE WITNESS: Yeah. The base pay, I don't

4 remember what the base pay was.

5 MR. SMITH: The one I have, Chris, is December

6 2nd, '99, and I don't know if that's the last one or

7 not, because it shows him as a --

8 THE WITNESS: That was. I was a colonel, and

9 they covered all the way to --

10 MR. SMITH: Well, that doesn't show it as a

11 colonel.

12 That's his, right.

13 MR. DENMON: Yes.

14 MR. SMITH: I didn't give you hers?

15 MR. DENMON: That is. That's perfect.

16 BY MR. DENMON:

17 Q. And can you give me the brief version of your

18 employment history? I know that you were military, and

19 you have 20 -- it looks like you have 28 years of

20 service. Is that correct?

21 A. Correct. I mean, for pay purpose, yes, and

22 retirement purpose.

23 Q. Okay. But there was a period of time that you

24 were able to get a pension from the City of Lakeland?

25 A. Correct.


14

1 Q. Okay. Was that because you were in the

2 Reserves?

3 A. I was in the Reserves, and I was with the City

4 of Lakeland from approximately 1989 -- 1999 to the time

5 I retired in November 2000 -- 2000.

6 Q. Okay. From '89 till about 2000? Is that

7 right?

8 A. Yes, till November 2000 is when I retired.

9 Q. Okay. And when you went through the divorce

10 proceedings with Ms. , were you collecting

11 Reserve pay at that time?

12 A. I was a Reserve officer working the weekends,

13 yes.

14 Q. Okay. And what I'm going to show you --

15 MR. DENMON: Show him this?

16 MR. SMITH: Please.

17 MR. DENMON: Can I take this copy or --

18 MR. SMITH: Can she get a -- can she give you a

19 copy? Can the court reporter do that?

20 THE COURT REPORTER: Yes.

21 MR. DENMON: Oh, let's do that.

22 MR. SMITH: If you don't mind.

23 MR. DENMON: Absolutely.

24 (Recess from 11:24 a.m. until 11:28 a.m.)

25


15


2 identification.)

3 BY MR. DENMON:

4 Q. Okay. If you can flip to the second page.

5 A. Yes, sir.

6 Q. Okay. And actually we'll start with the last

7 page, but I'm going to think is that it was a while ago.

8 A. was my attorney.

9 Q. Okay. The second to last page --

10 A. Yes, sir.

11 Q. -- is that your signature?

12 A. Yes, sir, it is.

13 Q. Okay. And that was you signing this under oath

14 with a notary, correct?

15 A. Yes.

16 Q. Okay. And so do you recognize this document

17 now that I'm bringing it to your attention?

18 A. Yes.

19 Q. Okay. And this is your financial affidavit

20 from your divorce case, correct?

21 A. Yes.

22 Q. Okay. Let's start with the Total Monthly

23 Income, the big black letters --

24 A. Okay.

25 Q. -- near the bottom. That number there, what's


16

1 that number?

2 A. $4400.90.

3 Q. So at the time that you did this financial

4 affidavit --

5 A. Correct.

6 Q. -- is that a fair -- is that what your income

7 was, give or take?

8 A. Yeah, yeah. Yes, pretty much, uh-huh.

9 Q. Okay.

10 A. Yes, sir.

11 MR. SMITH: And just for the record, I'm going

12 to e-mail what's been marked as exhibit to former

13 husband's deposition, Exhibit Number 2, to the court

14 reporter and to Mr. Denmon immediately following

15 this deposition such that it can be attached to the

16 deposition, and I have no objection.

17 Q. And I'm going to ask you to look back to

18 Exhibit 1 for me. Can you do that? And that was your

19 LES and see where that thing's gone.

20 MR. SMITH: I'm sorry.

21 MR. DENMON: Thank you.

22 Q. And before I got sidetracked we were talking

23 about gross pay, right?

24 A. Yes.

25 Q. Okay. Now, the line under that -- underneath


17

1 that, excuse me, that VA Waiver?

2 A. Yes.

3 Q. Okay. Now, that VA Waiver, that is an amount

4 that you waive out of your gross pay, and so then the

5 VA's going to pay you that amount that you waived, but

6 you get it tax free, right?

7 A. Yes. The way that they figure it out, it's not

8 in addition to the $6100.

9 Q. Correct.

10 A. Correct.

11 Q. Right. So there is gross pay. In this case,

12 it's 6148, right?

13 A. Correct.

14 Q. And you waive 1835 out of that gross pay,

15 right?

16 A. Correct.

17 Q. From the Department of Defense?

18 A. Correct.

19 Q. But then the VA then repays you that exact same

20 amount, but you get it tax free, right?

21 A. Yes.

22 Q. Okay. And want SBP Costs, that's kind of what

23 we were talking about with Ms. , the survivor's

24 benefits, right?

25 A. Yes, sir. $399.62, that's money I don't


18

1 realize. It gets taken away from prior to me getting

2 $6100.

3 Q. Okay. So it's deducted by the military before

4 you even get your net income check, correct?

5 A. Yes, sir. And so is the 761.36, yes.

6 Q. Okay. And that would be the next line over.

7 That Garnishment, is that the alimony that is being paid

8 out to Ms. ?

9 A. Yes, sir.

10 Q. Okay. And this paycheck is in December 2011,

11 correct?

12 A. Correct.

13 Q. Your gross pay now is different than what it

14 was listed here?

15 A. Yes, sir.

16 Q. And your gross pay now is less than what it was

17 when it was listed here?

18 A. The reason for that -- I assume that you were

19 getting ready --

20 Q. You got it. Saving us time. Go ahead.

21 A. Okay. At this point I was disabled by 100

22 percent. At the time of my retirement, you remain

23 disabled to the tune of 100 percent for approximately 18

24 months thereabouts, at which time they do a reevaluation

25 on you, the Army and the VA, and they basically say,


19

1 okay, you are broke. And it's the reshuffling of

2 numbers, it's not me raising my hand to say, "deduct

3 this or deduct that," it's a reshuffling of the numbers

4 based on the 100 percent disability that I was on at

5 this time versus the disability that I am on now, which

6 is -- I suspect you have the most recent one of these

7 that I've submitted to you.

8 Q. Okay. Now, I don't have -- I do. Okay.

9 A. Okay.

10 Q. And what I'm going to show you is going to be

11 out of order and marked as Exhibit 3, and this is going

12 to be a July 2012 exhibit.

13 A. Correct.


15 identification.)

16 MR. SMITH: Here. You want it back or --

17 MR. DENMON: Yeah.

18 Q. Now, the gross pay as reflected on this

19 particular Retiree Account Statement is how much?

20 A. $5,096.

21 Q. What is it?

22 A. 5,069.

23 Q. Okay.

24 A. And then from there, they subtract the VA 1899

25 and then subtract the 331 and then subtract -- well, in


20

1 this case it was not -- the 751 doesn't appear on this

2 one in particular.

3 Q. Okay. Your current gross pay and the VA waiver

4 amount as of today's date is closer to this -- is closer

5 to Exhibit 3 than it is to Exhibit 1, correct?

6 A. I need to be more certain.

7 Q. You got exact numbers for me?

8 A. No, top of my head. But how's that? Let me

9 see, three -- $4,083.

10 Q. Your current gross pay?

11 A. Gross is -- gross and net. Net is what you

12 take home, right?

13 MR. SMITH: Right.

14 A. Gross is 4,083 plus 761 and 3, what, 99 or

15 whatever, 3, 10, 18, 24, 2, 10, 2. $6243.

16 Q. Okay. Your VA Waiver amount, you're telling me

17 now, is less than what is listed on this June 2012

18 statement?

19 A. There was a cost of living increase --

20 Q. Correct.

21 A. -- on 1 January, and that is reflective of this

22 figure I'm giving you. I'm giving you the correct

23 up-to-date figures of $1930, not 1899.

24 Q. 1930?

25 A. 1930.


21

1 Q. Thank you. Now, I looked at 1730 and I got all

2 confused.

3 So now the -- I know that the VA Waiver is

4 completely tax free. Correct? The --

5 A. Yes.

6 Q. -- the 1930?

7 The 2053, is that completely tax free as well?

8 A. 2053 is, yes.

9 Q. Okay. Other sources of income, you have a

10 pension from Lakeland, correct?

11 A. Yes, sir.

12 Q. And how much is that a month?

13 A. $900.13, I believe.

14 Q. Did that go up a little bit this year?

15 A. It went up last year. It didn't go up this

16 year, I don't believe. Last year it was like 880, I

17 think, $20 more.

18 Q. And Social Security, what do you get from

19 Social Security?

20 A. Social Security is, after I pay Medicare,

21 $1940, give or take, 1940.

22 Q. Did you do your taxes yet for 2012?

23 A. No, sir. Still awaiting.

24 Q. Any other sources of income that you have

25 personally right now?


22

1 A. No, sir.

2 Q. And then the only other source of income, we

3 have income coming into your, household, but it's your

4 wife's pay, correct?

5 A. Correct.

6 Q. Which is approximately 25K?

7 A. Correct.

8 MR. SMITH: I would object to that again for

9 the record.

10 MR. DENMON: Okay. Will you mark that one for

11 me?


13 identification.)

14 Q. And what they're premarking right now is going

15 to be Exhibit 4 that's going to be your 2012 July

16 financial affidavit, so I'll let you take a second.

17 A. This?

18 Q. Yes.

19 A. Is what? 2000 [sic]?

20 Q. Yeah.

21 A. Yes, okay. Uh-huh.

22 Q. If you can flip to the last page on this one, I

23 believe.

24 A. Yes, sir.

25 Q. Okay. Is that your signature on that?


23

1 A. Yes, sir.

2 Q. Okay. And go ahead and take a look through the

3 document and tell me if this is a fair and accurate

4 representation of your financial affidavit that you

5 turned in to Mr. Smith.

6 A. Yes, sir. I'm confident this is what I wrote,

7 and I've signed to it.

8 Q. Okay. Perfect.

9 Can you take a look at if for me? Let's start

10 with the income.

11 A. Okay.

12 Q. Okay. Thank you.

13 Monthly gross salary wages, you're not making

14 anything right now, so you --

15 A. Right.

16 Q. -- didn't reflect it, correct?

17 A. Right.

18 Q. Now, at the bottom, 7b, is monthly retirement

19 from the United States Army?

20 A. Correct.

21 Q. Okay. That amount that you put there, that's

22 not -- that, what you put there, was effectively your

23 net income, not your gross, correct?

24 A. My net, again, my -- this is what -- the check,

25 the one they accept to the bank, yes.


24

1 Q. So 7b, what you've reflected, is your check

2 that you get back from the bank?

3 A. Yes. I mean, that's what I get paid, correct.

4 Q. Okay. Perfect.

5 And if you can flip to the next page.

6 A. Which one?

7 Q. Okay. Perfect.

8 Eight, that was your monthly Social Security

9 benefit that you were getting, right, that 1919 --

10 A. Yes, sir.

11 Q. -- number 8?

12 Now, I want to look at the deductions. I want

13 to look at 23c?

14 A. 23c?

15 Q. Um-hmm.

16 A. $331, life insurance, uh-huh.

17 Q. Okay. What's that life insurance that you're

18 deducting there?

19 A. From this case is -- this life insurance was --

20 wait. I pay currently to USAA a life insurance policy

21 of $192 and change, $192.

22 Q. You think that's reflecting -- trying to

23 reflect your SBP costs?

24 A. No, no. I would have put the SBP separately,

25 and I don't think it was -- SBP was called for here.


25

1 No, that's not a life insurance policy that I benefit

2 from anyway.

3 Q. Okay. So that 331.25 deduction then --

4 A. I know exactly what it is.

5 Q. Okay.

6 A. It's $192 from USAA.

7 Q. Okay.

8 A. And an additional life insurance policy that I

9 have for the balance with Unum, U-n-u-m, Insurance.

10 That's a life insurance policy on me in event of my

11 death.

12 Q. Okay. So 23c, you don't think that reflects

13 your SBP?

14 A. No.

15 Q. Okay. Looking back at Exhibit 3, and I know I

16 got you jumping around here.

17 A. No, I see what you got. 331, yeah, but no,

18 it's -- and I may have put that amount, but that amount

19 is very close. It's not exactly the same. But no, it's

20 the $192 and additional $90 a month. No, I -- I pretty

21 much stand firm with that.

22 Q. Okay. 23a, okay, from this case, what's that

23 761?

24 A. Court-ordered support. Actually paid, it's

25 $761, whatever I -- it gets deduct from my pay for


26

1 alimony.

2 Q. Okay, okay. So we've listed these as

3 deductions, but you would agree with me that the --

4 you're effectively deducting that alimony twice and that

5 when you look at your income on that last page for your

6 pension, you are listing your income after the alimony

7 was already taken out? Does that make sense to you?

8 A. I guess it could be viewed that -- like that,

9 yes. I mean, that's an obvious -- well, deductions,

10 yes, I see what you're saying, Counselor.

11 Q. Okay. I'm turning your attention to the

12 expenses now and I'm just going to have -- we're going

13 to go through them real quick. You can help me -- help

14 me out here. The mortgage, that 266.62?

15 A. Correct.

16 Q. Is that what you're monthly mortgage payment is

17 that you owe to the bank?

18 A. It's $2,222.04.

19 Q. 2,222.

20 A. That's a little over of what we're paying on a

21 monthly basis, correct.

22 Q. Okay. So you're just paying a little bit extra

23 to try to knock down that balance --

24 A. Correct.

25 Q. -- is that what you're doing?


27

1 Okay. Do you know how much you owe on that

2 loan right now, approximately? And we don't have to be

3 that specific.

4 A. $280,000. I don't know that exactly.

5 Q. What's the square footage of your home?

6 A. 2100 foot.

7 Q. And when'd you buy the house?

8 A. February 2006.

9 Q. Did you put any money down on the house?

10 A. No.

11 Q. How many acres of land is the house on?

12 A. Ten and a half.

13 Q. You mention another parcel of land that you

14 own. It's on your financial affidavit. Is that

15 reflecting --

16 A. That is included in that -- in that.

17 Q. Is that the all one -- the house plus the 10

18 and a half acres combined?

19 A. No. That's all of them.

20 Q. Okay.

21 A. Three and change, three and change, three and

22 change.

23 Q. Okay. Or a better way to put it, is there any

24 other land besides that 10 and a half acres?

25 A. No, sir.


28

1 Q. Your financial affidavit reflects insurance in

2 the monthly amount of $67?

3 A. Correct.

4 Q. Okay. So that's not included in your mortgage,

5 the insurance?

6 A. No.

7 Q. Okay. Number 9 of your financial affidavit,

8 you mention monthly repairs and maintenance of $250?

9 A. Correct.

10 Q. How did you calculate that?

11 A. That's the average. I came up with that.

12 That's the average of the air-conditioning going broke

13 or the heater going broke or the gas bottle nozzle

14 breaking, garage door opener, just a compilation of all

15 of those figures, and I just simply 12 -- or divided it

16 by 12 and came up with --

17 Q. What year was your house built?

18 A. Year, 2004.

19 Q. When was the last time your air went?

20 A. It actually went twice this year.

21 MR. SMITH: In 2013?

22 THE WITNESS: In 2012.

23 BY MR. DENMON:

24 Q. The units went? Was it the big units or the

25 was it the handler?


29

1 A. No. The big unit in which you had to crawl

2 under crawl space. And I say, "air-conditioner." One

3 was the air-conditioner and the other one is a furnace.

4 They both went.

5 Q. Everything that keeps you comfortable, right?

6 A. Correct.

7 Q. Okay. Lawn care at $200, how did you come up

8 with that number?

9 A. The lawn care, obviously I don't take care of

10 the 10 acres. The lawn care is two fellows that we

11 have. One young fellow that comes and does the yard in

12 the front and the sides for $50 and change. And the

13 other one is a friend of ours that cuts the back with a

14 tractor, and the way we pay him is not necessarily

15 with -- with cash, but with steaks or a case of beer and

16 the like.

17 Q. Okay. The fellow that cuts your lawn for 50

18 bucks a pop, how many times does he do that a week? I'm

19 sorry. How many times does he do that a month?

20 A. Once every 10 days, I'd say.

21 Q. And that's during the summer. What about

22 during the winter months?

23 A. The wintertime, he'll come by once a month,

24 maybe once every month and a half, if that, and that's

25 just basically to cut everything.


30

1 Q. Number 13, you have miscellaneous household.

2 Do you know how you calculated that number? It's 150?

3 A. I don't. I really don't. Right off the top of

4 my head, I don't recall the actual math that I did for

5 that, but I could ascertain it with the documents that

6 I've put forth to get this.

7 Q. Okay. The food and home supplies, that $800

8 that you put there, that's number 14?

9 A. Um-hmm.

10 Q. Okay. Do you know how you came to that number?

11 A. That's basically Wal-Mart and Lowe's. Lowe's

12 Foods is our grocery store. And Wal-Mart, that's where

13 the Tide and the laundry detergents and everything else

14 comes. And that's the average of what is spent on a

15 monthly basis.

16 Q. How many people live with you?

17 A. My wife and I.

18 Q. Okay. And so when you say $800, surely you're

19 not saying that's 800 bucks a month for you for food,

20 right, by yourself?

21 A. No.

22 Q. It's for you and your wife?

23 A. Correct.

24 Q. Okay. All these expenses that we've listed so

25 far, these are joint expenses for you and your wife,


31

1 correct?

2 A. Yes.

3 Q. Do all these expenses that we've listed so far,

4 do they get paid out of your and your wife's joint

5 account?

6 MR. SMITH: Form.

7 THE WITNESS: Pardon?

8 MR. SMITH: Go ahead.

9 A. Yes.

10 Q. Okay. Do any of these expenses that we've

11 talked about so far get paid out of your wife's

12 individual account?

13 A. No.

14 Q. Do any expenses get paid out of your wife's

15 individual account?

16 A. No. And some, frankly, are cash. Here's $50

17 or whatever, but no --

18 Q. Okay.

19 A. -- if I don't have a check.

20 Q. Monthly gas and oil, it's number 21. You have

21 it at 400 bucks?

22 A. Correct.

23 Q. This is for the three cars that you have?

24 A. Yes.

25 Q. Three vehicles, I should say?


32

1 A. Yes.

2 Q. Okay. Does your wife drive any of those

3 vehicles?

4 A. Yes.

5 Q. Okay. Are all three vehicles titled in your

6 name?

7 A. Yes. And the other two vehicles are titled on

8 hers, the other two that she drives. I've got a 20-year

9 old vehicle and it's an old truck, and I drive that one.

10 She doesn't drive that. Nobody drives that.

11 Q. So there's five vehicles on the property?

12 A. No, no, no. There's three vehicles.

13 Q. Three vehicles?

14 A. Three vehicles.

15 Q. 20-year-old truck?

16 A. 20-year-old --

17 Q. Nobody drives that?

18 A. I drive it when I need to do something with it.

19 Q. Sure.

20 A. A 10-year-old Ford Mustang.

21 Q. Okay. Is that what you drive?

22 A. No. I usually drive the truck. I drive -- I

23 drove the Mustang here.

24 Q. Okay.

25 A. So the Mustang is jointly. Her and I are


33

1 listed on there. And a seven-year-old Volvo. Her and I

2 are listed on there.

3 Q. Okay. She drives the Volvo --

4 A. Yes.

5 Q. -- the majority of the time?

6 Okay. Is the Volvo paid off?

7 A. Yes.

8 Q. And the Mustang is paid off?

9 A. Everything's paid off.

10 Q. Okay. The gas and oil, is that just for you

11 driving or is that for you and her driving?

12 A. That's for everybody, for me, whatever, all of

13 them.

14 Q. Her driving to work, for example?

15 A. Yes.

16 Q. Okay. Do you do a lot of traveling in the

17 Mustang or in the 20-year-old truck?

18 A. No. I had to come to Florida.

19 Q. So your wife probably is responsible for the

20 majority of that gas and oil, correct?

21 A. I'd say half and half, frankly. I volunteer,

22 but no, I -- that's half and half.

23 Q. You have monthly repairs estimated at 220 --

24 well, listed at $225.

25 A. Which one?


34

1 Q. Vehicles, underneath the gas and oil.

2 A. 225, yes.

3 Q. Yes, sir.

4 A. No, that's right.

5 Q. Now, is that a -- did you guess for that

6 number, or is that based on you analyzing statements and

7 coming up with a number?

8 A. No. Actually, that was a easy number to arrive

9 at in the sense --

10 Q. Okay.

11 A. -- that, for example, the Mustang has not been

12 in repair till fairly recently, and twice it was a good

13 size amount. And the Volvo has not been in maintenance

14 till recently and has been a good size amount. So that

15 225 was whatever 225 times 12 is, and that's going to be

16 basically the rough approximation of what those receipts

17 are.

18 Q. Okay. This is in the last 2000 and -- the last

19 12 months?

20 A. Yes. And actually we just had another one on

21 the Mustang which is not reflected here, so that

22 figure's probably higher, but yeah. What's the date of

23 this entry? Yeah, that's probably higher. But yeah, in

24 the last 12 months easy.

25 Q. Okay. And the year before that, they were both


35

1 in pretty good repair, right?

2 A. Yes. The Mustang had minor repair, but yes.

3 Q. Okay. Auto tag, emissions, and testing is

4 listed at $223. How is that?

5 A. In North Carolina, you've got to -- and they've

6 got a more complicated system than Florida. In North

7 Carolina, before you get your tag, you got to have

8 that -- taken that vehicle and put it -- take it to the

9 inspection station. The inspection station checks it

10 for everything, the horn, the blinkers, and etcetera.

11 And that is $35 -- if they don't find anything wrong,

12 it's $35 per vehicle. They give you the green light for

13 you now to go to the DMV and purchase your tag. The tag

14 is approximately $58. $58 for the tag, $35 for the

15 inspection. And then on top of that, North Carolina has

16 got what they call a luxury tax.

17 Q. Okay. What's that?

18 A. And that luxury -- well, it varies. It's on a

19 sliding scale. The luxury tax on my 20-year-old vehicle

20 is $9 a year, so it's hardly anything. The Volvo is, I

21 don't know, 80, 90 dollars, and so is the Mustang, more

22 or less, 80, 90 dollars.

23 So, again, this figure is a combination of

24 that, quote, luxury tax, tags, and service to have the

25 car inspected, and whatever that figure comes out to is


36

1 how --

2 Q. And what's the service?

3 A. Pardon?

4 Q. Is it the -- what's the service on these

5 vehicles? Is it a couple -- to have them inspected, is

6 it a couple thousand dollars?

7 A. No, no, no. Per vehicle, per vehicle is $35 a

8 year. Like I said, $35 a year --

9 Q. Okay.

10 A. -- per vehicle.

11 Q. Okay.

12 A. And then tags are 58, 60 dollars per vehicle.

13 Q. Okay.

14 A. And then the luxury tax, whatever it is, 80 and

15 80 on two of them, and like $10 on the other one.

16 Q. Okay. And that reflects all of the different

17 dollars and cents that you have to put into for auto tag

18 and emission testing, correct?

19 A. That's per -- yes, auto tags and emissions,

20 pretty much. And you're probably going to come up with

21 a different figure. Okay.

22 Q. Can you turn to the health insurance section?

23 And it's probably not that -- I'll find it for you. And

24 I apologize again.

25 A. No, no.


37

1 Q. It's going to be section 54.

2 A. Yes.

3 Q. Okay. Is that your wife's insurance?

4 A. No.

5 Q. Okay. What does that reflect?

6 A. That health insurance is $110.50 a month which

7 I pay for my Medicare.

8 Q. Oh, you're not on TRICARE Prime?

9 A. I am on TRICARE Prime. But at age 62, that

10 switches over, and there's a combination of both. In my

11 Social Security check, they deduct on a monthly basis

12 $110.50 for that.

13 Q. So that comes out of your Social Security

14 before you get your Social Security check? It's a

15 deduction?

16 A. That's correct.

17 Q. Okay. And the life insurance, that's what you

18 were telling me about, about 10 or 15 minutes ago?

19 A. Um-hmm. Yes, sir.

20 Q. And those -- do you have two policies; is that

21 correct?

22 A. I have two policies.

23 Q. Okay. Number 58 is dry-cleaning and laundry?

24 A. Correct.

25 Q. Where do you come up with that number? How did


38

1 you calculate that?

2 A. Basically what we pay to have my jeans done,

3 for example, or the coats. I am involved in Rotary, so

4 the coats that we use, dry-clean them. It's an

5 approximate figure.

6 Q. Okay. Did you have a dry-cleaning bill like

7 that when you were married to Ms. ?

8 A. It was probably higher. I don't recall,

9 but....

10 Q. The clothing you have listed at a hundred

11 and -- and back to the dry-cleaning, that's a joint

12 expense, you and your wife, correct?

13 A. Monthly clothing?

14 Q. The dry cleaning and laundry, that's a joint

15 expense?

16 A. I would say likely, yes.

17 Q. Okay. The monthly clothing $150, is this

18 another joint expense, you and your wife?

19 A. She pretty much does her own clothing out of

20 her -- this monthly clothing is clothes that I have

21 purchased for myself, not all at one time, but, again,

22 the average of a pair of Levi jeans at $37, for example,

23 or a set of boots for 120, so....

24 Q. Have you bought any suits this year?

25 A. No.


39

1 Q. How many pairs of jeans have you bought this

2 year?

3 A. Three -- two.

4 Q. Two. How many pairs of boots have you bought

5 this year?

6 A. 2013, none.

7 Q. How many in 2012?

8 A. One.

9 Q. Any other big shopping trips that you took for

10 yourself?

11 A. We take no big shopping trips.

12 Q. Number 60 for monthly medical, dental, and

13 prescriptions, you have at a hundred dollars?

14 A. Correct.

15 Q. Is that for your wife?

16 A. No. That's for me.

17 Q. Okay. And TRICARE doesn't cover that?

18 A. TRICARE does not cover vision. Vision,

19 limited. Dental, no.

20 Q. Do you have the Prime, or do you have the

21 regular TRICARE?

22 A. I have the TRICARE Prime.

23 Q. No vision, no dental, correct?

24 A. No dental, and the vision is limited. I just

25 exercised the option of a vision just now, and they paid


40

1 $80. There are remaining 230 I had to pay.

2 Q. Okay. Prescriptions, they cover all the

3 prescriptions?

4 A. What? TRICARE?

5 Q. Um-hmm.

6 A. You got a copay, $12 copay.

7 Q. Okay. 63, the grooming, is that reflecting you

8 and your wife or just you?

9 A. No. This would be my haircut.

10 Q. How much are your haircut costs?

11 A. My haircuts are $25 a month, sometimes every

12 three weeks. Razor blades, Gillette foamy, fingernail

13 files, soap, deodorant, the deodorant I like and the

14 mouthwash I like.

15 Q. So when you did this financial affidavit, are

16 you saying that you separated those expenses from say

17 your grocery and food, that $800 a month that you put

18 on?

19 A. In general, in general. Well, I didn't put the

20 grooming, for example, with the $800 for Wal-Mart,

21 you're right. But no, this is separate.

22 Q. That $800, was that an estimate that you did or

23 is that based on you combing through your statements?

24 A. It was a close estimate as best as you can.

25 Basically going through all the check stubs or all the


41

1 debit statements to Wal-Mart for food and everything

2 else.

3 Q. Okay. The last vacation that you went on, when

4 was it?

5 A. Vacation we went on was --

6 MR. SMITH: Not including here.

7 THE WITNESS: Huh?

8 MR. SMITH: Not including Florida.

9 Q. Fine. The last vacation you went on?

10 A. It was in the summer of 2011, I believe it was.

11 It was August 2011.

12 Q. Did you not go on vacation in 2012?

13 A. No.

14 Q. Rent any homes in 2012?

15 A. No.

16 Q. Rent any homes in 2011?

17 A. Yes.

18 Q. Where?

19 A. Black Mountain, which is just outside of

20 Asheville. It was -- we rented it for the week and,

21 well, the kids come over. I don't have the gentleman's

22 name that we rented it from. I mean, I can get that for

23 you. But we rented the house for the week. I believe

24 the rental home was $1800. I don't recall.

25 Q. You went with your wife, right?


42

1 A. And the kids, yeah. All the kids, everybody,

2 gravitated there.

3 Q. Okay. So you -- you and your wife paid for it,

4 told the kids to come on down and the kids came on down?

5 MR. SMITH: Form, form.

6 A. Yes. And they pretty much paid their way the

7 entire time that we were there.

8 Q. Monthly education expenses, number 73. Are you

9 going to school right now?

10 A. No.

11 Q. Okay. Is your wife going to school right now?

12 A. No. She's finished with school. Where is 73?

13 Q. And that's $350 you've got listed on your

14 financial affidavit.

15 A. I really don't recall that one now, Counsel. I

16 mean, I put it there for a reason, but I don't recall it

17 right now.

18 Q. Is there a possibility that that does not

19 reflect what your monthly education expenses are?

20 A. No. Because I -- I took some courses at the

21 junior college level. I'm not exercising the VA option.

22 I don't -- I don't have an answer for you on that one.

23 I really don't.

24 Q. Okay. So not sure where that number came from?

25 A. No, I don't.


43

1 Q. Who's ?

2 A. --

3 Q. What's that?

4 A. is the lady whom we purchased

5 the house from. She was -- she's a Realtor.

6 Q. Okay. You list her as a creditor -- creditor?

7 Why? Why do you pay her?

8 A. Because, well, we purchased the house from her,

9 but at the time that the house sold, she held onto the

10 other two acres for a couple of more years and finally

11 decided to sell those acres to us, making up the 10 and

12 a half acres.

13 Q. When did that happen?

14 A. That happened in -- the actual sale?

15 Q. The additional two -- two and a half acres. Is

16 that correct?

17 A. Two, almost three acres.

18 Q. When did she agree to sell you those almost

19 three acres?

20 A. Tail end of 2008, early 2009, more or less.

21 Q. Okay. When did you buy that house? 2006?

22 A. February 2006.

23 Q. Okay. So then 2008, 2009, you agreed to

24 purchase another three acres from ?

25 A. Yes. She had -- at the time of the sale of the


44

1 house, she had given us the right of first refusal --

2 Q. Okay.

3 A. -- on that little piece of land. It affords a

4 degree of privacy.

5 Q. Sure.

6 A. And she thought that the prices of land would

7 continue to rise. It didn't. And she approached us

8 tail end of 2008 or so and decided to sell at that time.

9 Q. Okay. And what did you buy it for? This

10 additional parcel of land?

11 A. $36,000, I believe.

12 Q. How much of that have you paid off so far?

13 A. There's a balance -- I will ballpark figure --

14 a balance of probably about 18, 19,000.

15 Q. Is she a good friend of yours?

16 A. 's a friend, an acquaintance.

17 Q. The furniture and furnishings that you have

18 listed for approximate value of $25,000, is that fair

19 still?

20 A. I would -- yes, I would venture to say yes.

21 Q. Okay. For the most part, do you think that the

22 expenses, the total expenses that you've listed on your

23 financial affidavit, is a reasonable number?

24 A. Yes.

25 Q. Okay. For you and your wife?


45

1 A. Yes.

2 MR. SMITH: Form.

3 Q. Okay. And all of these expenses that we've

4 discussed so far, they come out of your bank accounts?

5 A. For the most part.

6 Q. And I have to clarify. They come out of the

7 bank accounts that are jointly titled with you and your

8 wife's name on them, correct?

9 A. Yes. For the most part, yes.

10 Q. Okay. So then those bank accounts should

11 reflect that your expenses are something similar to what

12 you put down on here, correct?

13 A. Yes.

14 Q. All right. Your Crescent account, 8114?

15 A. Yes.

16 Q. You have a credit, and I know that we've been

17 just talking about this, and going back there's a credit

18 for 10,000, a cash credit that you put into that account

19 in May of 2012. Do you remember where that $10,000 came

20 from?

21 A. The week before that was deposited, I went to

22 Crescent account and humbly asked for a $10,000 loan.

23 Q. So that is the cash on the loan that you've

24 listed on there with Crescent?

25 A. It's -- yeah. This is the most recent


46

1 instrument. I put that $10,000 in here, correct.

2 Q. Why'd you ask them for the loan?

3 A. To live on. I have to pay bills and what have

4 you.

5 Q. Okay. Do you know how much you paid your

6 attorney today?

7 A. I have no idea. I will do the arithmetic by

8 the time this evening is over.

9 MR. SMITH: But then it will go up.

10 THE WITNESS: Huh?

11 MR. SMITH: Then it will be higher.

12 THE WITNESS: Give me a break, will you?

13 BY MR. DENMON:

14 Q. The payment when you paid your attorney, is it

15 all reflected on your bank accounts, your joint bank

16 accounts?

17 A. Oh, yes.

18 Q. Okay. No payments have come from your wife's

19 account?

20 A. No.

21 Q. Probably she probably wouldn't do that, would

22 she?

23 A. (Witness shaking head.)

24 Q. Okay. And no payments would come from credit

25 cards?


47

1 MR. SMITH: No. We don't take credit cards.

2 A. They don't take credit cards.

3 MR. DENMON: Cash, credit, sold.

4 MR. SMITH: No cash. Or if they do, I don't

5 know it.

6 Q. What is it that you want to change about the

7 SBP?

8 A. The SBP, would it have been done properly,

9 would realize the savings of what I take home of $300 a

10 month, ballpark figure.

11 Q. What do you mean by that?

12 A. What I am paying is $336 a month out of my

13 paycheck, I never see that, on a life insurance policy

14 in the event of my demise that she will get.

15 Q. Sure.

16 A. And as it was debated in the court, the part

17 that -- never denying her her portion, the portion to

18 cover the amount of dollars to pay for her portion would

19 have been substantially less than 300 and some odd

20 dollars on a monthly basis.

21 Q. Do you know what that number would be?

22 A. I want to say $33.77.

23 Q. If you don't, that's fine.

24 MR. SMITH: Let me talk to you a minute off the

25 record.


48

1 MR. DENMON: Sure.

2 (Discussion off the record.)

3 BY MR. DENMON:

4 Q. Have you made any retirement payments to

5 Mrs. ?

6 A. No.

7 Q. Okay.

8 A. Not to my doing.

9 Q. Okay. Why not?

10 A. The military retirement system, it's a federal

11 retirement system in which they do not issue retirement

12 pay to the spouses when somebody's disabled to a degree

13 like I am. I have no say in that. I have no say. I

14 have not denied this retirement payment's due her, none.

15 The purpose of us being here is exactly that.

16 Q. Have you, on your own initiative, stroked a

17 check to Mrs. of her portion, whatever you

18 think that might be, of the retirement?

19 A. I cannot afford them. I cannot afford to the

20 $300, the $761, and now an additional amount. I

21 can't -- I don't afford it. The numbers don't

22 substantiate it.

23 Q. The numbers I'm -- I'm seeing a gross income

24 before the alimony, which is -- and the SBP is taken

25 out, of over $8,000. Is that correct?


49

1 A. Before the SBP --

2 Q. Yeah.

3 A. -- and then the retirement? The gross, yes, it

4 probably would be around there, that figure.

5 Q. And I think you told me that it's -- other than

6 maybe a small portion of Social Security, that's all tax

7 free. Right?

8 A. Yes.

9 Q. Okay. You guys settled your divorce case, and,

10 again, we weren't -- we weren't on this case. You guys

11 settled it short of trial, right?

12 A. Correct.

13 Q. And you guys addressed the military divorce --

14 I'm sorry -- the military retirement in your settlement,

15 right?

16 A. Yes.

17 Q. It was an issue, right?

18 A. Yes.

19 Q. Okay. And you included language that said that

20 you wouldn't -- you wouldn't elect to waive any of your

21 money with the VA, correct?

22 MR. SMITH: Form.

23 A. No. It wasn't the VA that -- no, no. It was

24 if -- and if memory serves me correctly, that particular

25 discussion went along the lines of a fear, me joining


50

1 forces after my retirement, whenever that would happen,

2 with the VA, the CIA, the OSHA, or any alphabet soup,

3 and I would have gone with any of those companies and

4 then at that point retire, whether disabled or not, from

5 those companies, and there was a fear of receipt of any

6 of those monies from those entities to the retirement

7 here.

8 Q. You applied for the VA Waiver?

9 A. It was given -- it's given to us automatically.

10 You're going to ask me the semantics of this?

11 Q. No. You filled out an application for the VA

12 Waiver?

13 A. And that is correct, because the VA figures out

14 a figure of 1800 -- $1930 in today's dollars that you

15 get tax free, and that 1900 -- your retirement is your

16 retirement. It comes from two different pockets. Same

17 church, but different pew. But it comes --

18 Q. Correct.

19 A. -- that same one amount. But that retirement

20 from the VA is, indeed, tax free based on the number

21 that the VA gives you. The VA says, "You're totally

22 broke. Therefore, your retirement is -- the portion

23 that we give you is tax free." That's how they

24 determine that.

25 Q. Sure. But you apply to get this. You have to


51

1 fill out an application, don't you?

2 A. That is correct.

3 Q. And they have to look at you and do an analysis

4 of you to figure out a disability rating, correct?

5 A. And that is correct. Because if you don't do

6 that, if you don't say, yes, I waive this because if

7 I -- if I don't broken knees and bad back and all these

8 things --

9 Q. Sure.

10 A. -- you're out of luck. Don't come back to us

11 two years from now and say that your knees are broke or

12 shoulder's broken or your back is halfway turned,

13 because you ain't getting nothing.

14 Q. Right. And you're paying taxes on it when you

15 wouldn't need to otherwise, right?

16 A. Yes.

17 Q. Okay. And you also applied for disability --

18 like you said, "two different pockets --" you applied

19 for disability with the regular Department of Defense as

20 well, too, right?

21 A. Yes. But, again, that is something -- this

22 is -- this is a systematic thing that is done

23 automatically. The Army looks at you in the usefulness

24 of how good are you to us as an infantry officer from

25 here on out.


52

1 Q. Sure.

2 A. You know what? You're a 60-some-odd-year-old

3 guy, you've been a nice guy, here's your gold watch, go

4 have a good time. But your knees are broke, your back

5 is broke, your shoulder's broke, so they gave you --

6 instead of the $5,000 retirement, they give you the

7 $2500 retirement tax free and then they give a figure of

8 disability to you. It's not the same figure of

9 disability that the VA gives you. They look at it from

10 a totally different set of eyes.

11 Q. Sure.

12 A. So now you got the $2500 from the Army and then

13 the other $2500 or whatever, I'm just using figures, the

14 VA will give them to you. The VA's rating is totally

15 different than the Army's. The Army tells you you're

16 broke to the tune of a hundred percent. The VA says

17 you're broke to the tune of 90 percent. Then you go

18 from there.

19 Q. Sure.

20 A. There's a misconception that people say, well,

21 you know, I'm going to shop and by shopping I get all of

22 this tax free and I get to mess with people's lives.

23 There was a time that these things happened, but not --

24 not anymore anyway.

25 Q. When did you first apply for disability either


53

1 with the Army, the Department of Defense or with the VA?

2 A. It must have been tail ending of 2009, early

3 2010, because my exit out of the train station with the

4 Army was in April of 2010. So it must have been, I

5 don't know, January -- January or February time frame at

6 which time the Army comes up and says you're this broke

7 and the VA says you're that broke. More or less, early

8 2010.

9 Q. Nine years after your settlement agreement,

10 correct?

11 A. Yes.

12 MR. DENMON: Okay. Can I have a second?

13 MR. SMITH: Yes.

14 (Recess from 12:15 p.m. until 12:25 p.m.)

15 MR. DENMON: Well, I don't have any more

16 questions, so I appreciate your time.

17 MR. SMITH: He'll read.

18 THEREUPON, the Deposition of

19 , taken at the instance of the FORMER WIFE,

20 was concluded at 12:25 p.m.

21

22

23

24

25


54

1 CERTIFICATE OF OATH

2

3 STATE OF FLORIDA

4 COUNTY OF POLK

5 I, Linda S. Blackburn, Registered Professional

6 Reporter, Certified Realtime Reporter, Certified CART

7 Provider, and Notary Public in and for the State of

8 Florida at large, hereby certify that the witness named

9 herein appeared before me on February 14th, 2013, was

10 duly sworn, and produced a North Carolina Driver's

11 License as identification.

12 WITNESS my hand and official seal this March

13 6th, 2013.

14

15

16

17 _________________________________

18 LINDA S. BLACKBURN, RPR, CRR, CCP

19 NOTARY PUBLIC - STATE OF FLORIDA

20 MY COMMISSION NO.: EE 827324

21 EXPIRES: 11-03-16

22

23

24

25


55

1 CERTIFICATE OF REPORTER

2 STATE OF FLORIDA

3 COUNTY OF POLK

4 I, Linda S. Blackburn, Registered Professional

5 Reporter, Certified Realtime Reporter, and Certified

6 CART Provider, do hereby certify that I was authorized

7 to and did stenographically report the examination of

8 the witness named herein; that a review of the

9 transcript was requested; and that the foregoing

10 transcript is a true record of my stenographic notes.

11 I FURTHER CERTIFY that I am not a relative,

12 employee, or attorney, or counsel for any of the

13 parties, nor am I a relative or employee of any of the

14 parties' attorney or counsel connected with the action,

15 nor am I financially interested in the outcome of this

16 action.

17 DATED THIS March 6th, 2013, at Lakeland, Polk

18 County, Florida.

19

20 _________________________________ LINDA S. BLACKBURN, RPR, CRR, CCP

21

22

23

24

25


56

IN RE: THE FORMER MARRIAGE OF:

,

Former Wife,

and

,

Former Husband.

IN RE: DEPOSITION OF TAKEN FEBRUARY

TO: VICTOR R. SMITH, ESQUIRE Frost, van den Boom & Smith, PA 395 South Central Avenue Bartow, Florida 33830

The referenced transcript has been completed andawaits review and signing of the errata sheet.

Thank you for agreeing to handle the reading andsigning process. Today's date is ____________. Pleasecomplete the reading and signing by ____________.

The original transcript of this deposition hasbeen delivered to CHRISTIAN M. DENMON, ESQUIRE, and theerrata sheet, once completed, should be forwarded to allordering parties as listed below.

Thank you.

_____________________________________________

Tory Davis, Production Manager

cc: Christian M. Denmon, Esquire


57

1 ERRATA SHEET

2 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES ON THIS PAGE

3 IN RE: v. CASE NO

4 DEPOSITION OF TAKEN FEBRUARY

5PAGE #/LINE # CHANGE REASON

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21 Under penalties of perjury, I declare that I have readthe foregoing document and that the facts stated in it

22 are true.

23 ___________ ___________________

24 DATE

25 cc: Christian M. Denmon, Esquire



1

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1 in the circuit court of the tenth judicial circuit in...

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