margo j. hart v. norman b. hart pre trial memorandum

8/14/2019 Margo J. Hart v. Norman B. Hart Pre Trial Memorandum

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDAFAMILY LAW DIVISION

IN RE: The Marriage Of:

MARGO J. HART, CASE NO.: 04-009083

PetitionerlWife,

and DIVISION: D

NORMAN B. HART, JR.,RespondenUHusband.

______________________

PRE-TRIAL MEMORANDUM

COMES NOW the Respondent/Husband, NORMAN B. HART, JR., by and through his

undersigned counsel and files this his Pre-Trial Memorandum in Compliance with the Order

Scheduling Trial and Pre-Trial C o n ~ e r e n c e and in compliance therewith responds to the

requests as follows:

A. THE MARRIAGE

1. Date and place of marriage.

November 21,1959 in West Palm Beach, Palm Beach County, State of Florida2. Date of separation.

On or about September, 19953. Date of filing petition for dissolution of marriage.

June 9,2004

B. THE CHILDREN

1. Names and ages of the children involved, if any.The one (1) child is emancipated.

2. The party who presently has primary residential care of the children.Not Applicable

3. The amount of child support proposed for the children.

Not Applicable

4. Whether or not the children are presently covered under any medicalinsurance policy.

Not Applicable5. What, if any, special medical problems any of the children have.

Not Applicable6. Suggested visitation schedule for the non-custodial parent.

Not Applicable



7. Is a custody investigation ordered or completed?Not Applicable

B. Has an approved parent education class been completed and a certificatefiled?

Not Applicable

C. ALIMONY

1. Nature of the alimony; permanent, rehabilitative, lump sum, bridge-the-gapor a combination of same.

The Wife seeks permanent periodic alimony2. Amount of alimony, i f any, proposed by each party.

The Wife has proposed $1 ,BOO.OO per month3. If rehabilitative alimony is requested, has a written plan been submitted?

Not Applicable

D.PERSONALPROPERTY

1. A list of all personal property in controversy.There is no personal property in controversy due to the lengthy separation and previousdivision of the assets and liabilities. The only asset at issue is the cash from the sale of

the former marital residence which was 51,376.31 at the time of separation. The Wifeunilaterally took those funds, spent them, and there is only approximately $18,000.00remaining.

2. Suggested disposition of said property.The Husband should be entitled to the balance of the cash plus additional funds toequalize the distribution of assets and liabilities.

3. The value of each piece of property showing any lien or obligation against

said property, and who is obligated for payment.Approximately $51,376.314. Life insurance policies, if any, and whether said policies are term or wholelife, the beneficiary of said policies, and their present cash surrender value.

Not Applicable5. Date of valuation.

Date of filing (June 9,2004)

E. REAL PROPERTY

1. A list of all real property in controversy.Not Applicable

2. The value of each parcel of property showing any lien or obligation againstsaid property, and who is obligated for payment.

Not Applicable3. What interest, right of claim or equitable interest each party claims in eachparcel of property.

Not Applicable

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4. Suggested disposition of the property.

Not Applicable

5. Date of valuation.

Not Applicable

F. RETIREMENT PLANS

1. A list of all retirement, pension, profit sharing, annuity, deferred

compensation and/or insurance plans whether they are vested or non-vested.

Not Applicable

2. The value of the retirement plans or other benefits.

Not Applicable

3. What interest, right, claim or equitable interest each party claims in the

property.

Not Applicable

4. Suggested disposition of the plan or benefit.

Not Applicable

5. Date of valuation.Not Applicable

G.DEBTS

1. A list of all unsecured debts and the amounts thereof.

All debts were divided at time of separation and new debts have been incurred

individually by each Party since their separation

2. A list of all secured debts including the security for payment of the debts and

the amounts thereof.

Not Applicable

3. Suggested disposition of the debts.

Each keeps their own post-separation debts

4. Date of valuation.

Date of separation (09/95)

H. ATTORNEY'S FEES AND COURT COSTS

1. The amount of attorney's fees and court costs sought by either party from the

other (estimate to conclusion of trial)

None sought by the Husband

2. Will testimony be offered on this issue at trial or at subsequent hearing?

Not Applicable

I. MISCELLANEOUS

1. Request fo r amendments to the pleadings.

None

2. Advisability of preliminary reference of issues to a Master or to mediation.

None

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3. Necessity fo r further discovery. The conduct of discovery subsequent to the

discovery deadline shall be permitted only on the order of the Court for good

cause shown and which will not delay the trial of this cause.

None

4. List admissions and stipulations to avoid unnec_essary proof.

Waive record custodiansCopies in lieu of originals

5. All motions not heard at least ten (10) days prior to trial shall be deemed

abandoned or waived, absent good cause shown.

Not Applicable

6. Requests for judicial notice.

The Court's file

7. List issues to be resolved, attaching memoranda when anticipated to be

necessary.

Alimony

Equitable Distribution

Attorney Fees

8. Estimate the time needed for trial. (The parties will be expected to completethe trial within the allotted time which the court will equitably allocate

between the parties)

One-half (%) Day

9. Are child support and/or alimony payments requested to be made through the

State Depository Unit?

Not Applicable

10. Have the parties attended a final mediation conference?

Yes

ATTACH TO THE MEMORANDUM THE FOLLOWING:

(1) A fully executed Financial Affidavit.

Attached

(2) A Child Support Guideline Worksheet.

Not Applicable

(3) A proposed chart of equitable distribution in the form attached.

Attached

(4) A schedule of all photographs, exhibits and documentary evidence which the party

intends to use at trial.

1. Bank records from Southtrust Bank (C.D. records)

2. Bank records from Southtrust Bank (Checks and withdrawals)

3. Husband's Financial Affidavits

4. Wife's Financial Affidavits5. Husband's Pharmacy Records

6. All documents produced pursuant to Mandatory Disclosure by Husband

7. All documents produced pursuant to Mandatory Disclosure by Wife

8. All exhibits listed by the Wife

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(5) A witness list giving all names, addresses and telephone numbers of individuals who

may be called by a party. The witness list shall specifically designate all expert

witnesses.1.

2.

3.

4.

5.

6.

7.

Norman Hart

Margo Hart

Robert Chapman, M.D.1600 Lakeland Hills Blvd

Lakeland, FL 33805(863) 680-7000(Can only appear by telephone)

Douglas A. Walsh, M.D.3040 College Avenue East

Ruskin, Florida(813) 645 - 5167Records Custodian Southtrust Bank

If requiredAll witnesses listed by the Wife

Any and all rebuttal witnesses

BRETT R. RAHALL, ESQUIRE

Rahall & Schaffer, P A.

120 South Willow Avenue

Tampa, Florida 33606Telephone (813) 258-8888Fla. Bar No.: 896901Attomeys for Husband

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished

by [.f] regular U.S. Mail [ ] facsimile [ ] hand delivery to Joseph M. Davis, Esquire at 3333West Kennedy Boulevard, Suite 102, Tampa, Florida 33609, this 14th day of April, 2005.

RETT R. RAHALL, ESQUIRE

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EQUITABLE DISTRIBUTION SCHEDULE

$7,688.00 ($7,688.00)

$25,688.00 $25,688.00



IN THE CIRt· . rCOURT OF THE THIRTEENTH J U t J l ~ I A L CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA

FAMILY LAW DIVISION

IN RE: THE MARRIAGE OF

MARGO J. HART,

PetitionerlWife,

and

NORMAN B. HART, JR.,

RespondenUHusband________________________ 1

CASE NO.: 04-009083

DIVISION: D

AMENDED FAMILY LAW FINANCIAL AFFIDAVIT (short form)

(April 14, 2005)

I, NORMAN B. HART, JR., being duly sworn, certify that the following information is

true:

__ Check here if unemployed and explain on a separate sheet your efforts to findemployment.

SECTION I. PRESENT MONTHLY GROSS INCOME:

All amounts must be MONTHLY. See the instructions with this form to figure out moneyamounts for anything separately that is NOT paid monthly. Attach more paper, if needed.Items included under "other" should be listed with separate dollar amounts.

1. Monthly gross salary or wages See Note 1

2. Monthly bonuses, commissions, allowances, overtime, tips, andsimilar payments

3. Monthly business income from sources such as self-employment,partnerships, close corporations, and/or independent contracts

(gross receipts minus ordinary and necessary expenses required toproduce income) (Attach sheet itemizing such income and

expenses.)

4. Monthly disability benefits/SSI

5. Monthly Workers' Compensation

6. Monthly Unemployment Compensation

7. Monthly pension, retirement, or annuity payments



8. Monthly Social SeCUrity benefits

9. Monthly alimony actually received

9a. From this case: .

9b. From other case(s):

10. Monthly interest and dividends

11. Monthly rental income (gross receipts minus ordinary and

necessary expenses required to produce income) (Attach sheet

itemizing such income and expense items.)

12. Monthly income from royalties, trusts, or estates

13. Monthly reimbursed expenses and in-kind payments to theextent that they reduce personal living expenses

14. Monthly gains derived from dealing in property (not including

nonrecurring gains)

15. Any other income of a recurring nature (list source)

16. Any other income of a recurring nature (list source)

17. PRESENT MONTHLY GROSS INCOME

(Add lines 1-16)

PRESENT MONTHLY DEDUCTIONS:

18. Monthly federal, state, and local income

tax (corrected for filing status and allowabledependents and income tax liabilities)

19. Monthly FICA or self-employment taxes

20. Monthly Medicare payments

21. Monthly mandatory union dues

22. Monthly mandatory retirement payments

TOTAL:

23. Monthly health insurance payments (including dental insurance),excluding portion paid for any minor children of this relationship

24. Monthly court-ordered child support actually paidfor

childrenfrom another relationship

25. Monthly court-ordered alimony actually paid

25a. from this case:

25b.from other case(s):

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26. TOTAL DEDUCTIO ..d ALLOWABLE

UNDER SECTION 61.30, FLORIDA

STATUTES (Add lines 18 through 25)

27. PRESENT NET MONTHLY INCOME

(Subtract line 26 from line 17)

SECTION II. AVERAGE MONTHLY EXPENSES

A. HOUSEHOLD:

Mortgage or rent

Property taxes

Utilities

Telephone

Food

Meals outside home

Maintenance/Repairs

Other: Condo Fee

Other: Cell Phone

Other:

Other:

B. AUTOMOBILE

Gasoline

Repairs

Insurance

C. CHILDREN'S EXPENSES

Day care

Lunch money

Clothing

Grooming

Gifts for holidays

Medical/dental(uninsured)

D. INSURANCE

Medical/dental

Other: Health Ins.

E. OTHER EXPENSES

Medical/Dental(uninsured)

Church/Charities

Other: Vacations

Other: Prescriptions

F. PAYMENTS TO CREDITORS

Page -3-



Other:

Other:

Other:

Column Totals:

29. TOTAL PRESENT MONTHLY NET INCOME (from line 27 of

SECTION I. INCOME)

30. TOTAL MONTHLY EXPENSES (from line 28 above)

31. SURPLUS/DEFICIT

SECTION III: ASSETS AND LIABILITIES

Use the nonmarital column only if this is a petition for dissolution of marriage and you believe

an item is "nonmarital," meaning it belongs to only one of you and should not be divided.You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only

use this column if property/ debt was owned/owed by one spouse before the marriage. Seethe instructions with this form and section 61.075(1), Florida Statutes, for definitions of

"marital" and "non marital" assets and liabilities.)

A. ASSETS:

DESCRIPTION OF ITEM(S). List a description of each separate item owned by you (and/oryour spouse, if this is a petition for dissolution of marriage). Check the box next to any

asset(s) which you are requesting the judge award to you.

ITEM:

Cash (on hand)

Cash (in banks or credit unions)

Stocks, Bonds, Notes

Real estate: (Home)

(Other)

Automobiles

Current Fair MarketValue

Page -4-

Nonmarital

husband wife



Other personal property

Retirement plans (Profit Sharing, Pension,IRA, 401 (k)s, etc.)

Other

Furniture

Cash taken by Wife

Check here if additional pages are attached.

Total Assets (add column B)

B. LIABILITIES:

DESCRIPTION OF ITEM(S). List a description of each separate debt owed by you (and/oryour spouse, if this is a petition for dissolution of marriage). Check the box next to anydebt(s) for which you believe you should be responsible.

ITEM:

Mortgages on real estate

Auto loans

Charge/credit card accounts

Capital VISA

Capital Gold

Capital Mastercard

Shell Oil

Chevron

Wachovia

Other: Cardiologist (approximate)

Current Amount

Owed

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Nonmarital

husband wife



Lakeland Regional HOSpital

Helicopter Ambulance (approximate)

Check here if additional pages are attached.

Total Debts (add column B)

C. CONTINGENT ASSETS AND LIABILITIES

Contingent Assets:

ITEM:

item:

item:

item:

Total Contingent Assets

ITEM:

item:

item:

item:

Total Contingent Liabilities

Possible Value

Contingent Liabilities:

Possible AmountOwed

Nonmarital

husband wife

Nonmarital

husband wife

SECTION IV: CHILD SUPPORT GUIDELINES WORKSHEET

A Child Support Guidelines Worksheet ( ) is (.f) is not being filed in this case.

NOTE 1: Husband's last day of employment is May 1, 2005, due to health reasons. Hisapproximate monthly income has been reduced to $1,500.00 per month commencingJanuary. 2005, fo r the same health reasons.

Page -6-



I understand that I am swearing or affirming under oath to the truthfulness of theclaims made in this affidavit and that the punishment for knowingly making a falsestatement includes fines and/or imprisonment.

Date

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

I hereby acknowledge that the foregoing financial affidavit was executed by NORMAN B.

HART, JR., this ____ day of April, 2004, ( ) who is personally known to me or (./) who

produced Florida Driver's License as identification and who (./) did ( ) did not take an oath.

Seal:BRETT RAHALL~ t l £ ; . ~ MY COMMISSION #DD.2899f7~ ~ ~ ; EXPIRES: May 17,2008

" R r . . ~ ~ ~ BondedThru Notary Public Undatwlfters NOTARY PUBLIC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by

[./] regular U.S. Mail [ ] facsimile [ ] hand delivery to Joseph M. Davis, Esquire, 3333 West

Kennedy Boulevard, Suite 102, Tampa, Florida 33609, this 141-h day of April, 2005.

BRETT R. RAHALL, ESQUIRE

Rahall & Schaffer, P A.

120 South Willow Avenue

Tampa, Florida 33606

(813) 258-8888

FBN: 896901

Attorneys for Husband

margo j. hart v. norman b. hart pre trial memorandum

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