IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

IN RE: THE FORMER MARRIAGE OF

ERICA BENEDETTI,

Petitioner/Former Wife,

and

ANDRE FLADELL,

Respondent/Former Husband

CASE NO. 50 2003 DR 011023 XXXX SB FZ

__________________________! FORMER HUSBAND'S NOTICE OF FILING THIRD AMENDED

FAMILY LAW FINANCIAL AFFIDAVIT

COMES NOW, the Respondent/Former Husband, ANDRE FLADELL, by and

through his undersigned counsel, and files his original Third Amended Family Law

Financial Affidavit dated February 21, 2012 with the Clerk of the Circuit Court for Palrn

Beach County, Florida.

CERTIFICATE OF SERVICE

HEREBY CERTIFY that a true and correct copy of the foregoing was sent v1a

[~facsimile [ ~] U.S. First-Class Mail to: STEVEN W. EHMAN, EsQ., Attornevs for

Petitioner/Former Wife, 1000 S. Pine Island Road, Suite 310, Plantation, Florida 33324,

on this :)_3, day of February, 2012.

0 ~ .. -.....-0::

r-N CD LI.J L&.. .:-.... t:::)

C"'oo

x:..J8 e;:u.._, ~>=~ u!----•

z"I: :,i=>U c_:,OZ oU4: G:l:t:ili

u c:· <r:>-;,::WI-omu O::::t:::C <:(_,1-::Coc(~ tl)c...~

SACHS SAX CAPLAN Attorneys for Respondent/Former Husband 6111 Broken Sound Parkway NW Suite 200 Boca Raton, Florida 33487 Facsimile: (561 991 Telephone: (5 ) 9~~~F="--

SACHS SAX CAPLAN

. NAPARSTEK, ESQUIRE

da Bar No. 0064023

6111 BROKEN SOUND PARKWAY NW, SUITE 200 • BOCA RATON, fLORIDA 33487 • TELEPHONE (561) 994·4499 • TELECOPIER (561l994-491l5

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IN THE CIRCUIT COURT OF I 5TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA

Case No.: SO 2003 DR 011023 XXXX SB ERICA BENEDETII Division: ---=-F.:::Z ____________ _

and Petitioner,

ANDRE FLADELL

Respondent.

FORMER HUSBAND'S THIRD AMENDED F AMYL Y LAW FINANCIAL A FFI DAVIT ($50,000 or more Individual Gross Annual Income)

I, {full legal name} _:A..:..;N_:D;..:R..:..;E~FL::..;.A..:..;D_:E:..:L;..::L~------------------­---· being sworn, certify that the following infom1ation is true:

~SECTION I. INCOME

l. Date ofBirth:_0_61_2_91_19_4_7 ____ _

2. My occupation is: ""R.;;.;:e..;.;;ti;....;re""d....;C;.;.h:.;.;ir..:.o~pr..;;.ac.;..;t..;;.or"------------------------

3. I am currently

[ -~' all that apply] X a. Unemployed

Describe your efforts to find employment, how soon you expect to be employed, and the pay you

expect to receive: _N_o_n_e._I _am_re_tl_.re_d_. -----------------------

b. Employed by: Admess: __________________________________________________ _

City, State, Zip code:

Telephone Number: ------------------------------

Pay rate: $ ( ) every week ( ) every other week ( ) twice a month

( ) monthly ( ) other: ----------------------­

If you are expecting to become unemployed or change jobs soon, describe the ch<lllge you expect and why and how it will affect your income:

0 Check here if you currently have more than one job. List the inf01mation above for the second

job(s) on a separate sheet and attach it to this affidavit. X c. Retired. Date of retirement: -'0_7_10_1...;./2-"0-'-07'------------

Florida Family Law Rules of Procedure Fonn 12.902(c), Family Law Financial Affidavit (09106) Pugc I

II

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)

Employer from whom retired: D:..:e:.:..:lr'-=a"-y'-=C:.:..:h.:.:.ir.::Jop"'r'-=ac;:.:t.:..:ic;...;C::;.;e::.;.n:.:..:le.:.:.r _________________ _

Address: 1642 South Federal Highway

City, State, Zip code: ..:D;.;:e:.:..:lr"-=ay"--=B..:.ea;:.:c:.:..:h"-, ,_F:;;.L ________ Telephone Number:--------FORMER HUSBAND'S INCOME IN 2010 IS AN ESTIMATE ..

LAST YEAR'S GROSS INCOME: Your Income Other P:my's Income (if"knowrr)

YEAR 2011 $ _1 0_3..._2_04 ____ _ $ ______ _

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

1. Monthly gross salary or wages I. $, ____ 0_

2. Monthly bonuses, commissions, allowances, overtime, tips, and similar payments 2. 0

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 to produce income).

4. S. 6. 7. 8. 9.

10. ll.

12. 13.

14.

(0 Attach sheet itemizing such income and expenses.)

Monthly disability benefits/SSI Monthly Workers' Compensation Monthly Unemployment Compensation Monthly pension, retirement, or annuity payments Monthly Social Security benefits Monthly alimony actually received

9a. From this case: $ ____ o_ 9b. From other case(s): 0

Monthly interest and dividends Add 9a and 9b

Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) ( 0 Attach sheet itemizing such income and expense items.) Monthly income from royalties, trusts, or estates Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses (0 Attach sheet itemizing each item and amount.) Monthly gains derived from dealing in property (not including nonrecurring gains)

Any other income of a recurring nature (identify source)

15. ------------------------------------------------16. ------------------------------------------------

17. PRESENT MONTHLY GROSS INCOME (Add lines 1-16) TOTAL:

PRESENT MONTHLY DEDUCTIONS:

3. 4. 5. (),

7. S.

0

()

0

I)

0 2.533 (I)

9. 0

I 0. ------..:1:..:..1· !"'lo'-"•5'---'2>

II. ____ ,l_

12. ___ ___::o_

13. ___ ___::o_

14. _____ o_

15.-----16.----

17. s ___ x_,_:;•_JK

All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for an~~hing 1ha1 JS

NOT paid monthly.

Case number. 50 2003 OR 011023 XXXX SB Submiller name. ANDRE FLAOELL Date: 2122/2012 Florida Family Law Rules of Procedure Fonn l2.902(c), Family Law Financial Affidavio (09106)

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18. Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities)

a. Filing Status S . .!.!in.,.g...,le"------b. Number of dependents claimed

19. Monthly FICA or self-employment taxes 20. Monthly Medicare payments 21 a. Monthly mandatory union dues 21 b.Monthly mandatory retirement payments

22. Other court-allowed monthy deductions

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 paid for children from another relationship

25. Monthly court-ordered alimony actually paid 25a. from this case: $ 0 25b. from other case(s): 0 Add 25a and 25b

26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25) TOTAL:

.167 131 18.$ ___ _ 0 19. ____ _

20 _____ o_ 21 a ____ _:o_ 21 b ___ __.:o=-22. ___ __,0'--

2 3. ___ 7""3'""2'-

24. -----"'-

25. ___ __,.,_

26. $ ___ ....:..l-'-"O.c:...;99'---

27. PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17) 27. $ =====7::4::::99"===

II SECTION II. AVERAGE MONTHLY EXPENSES

Proposed/Estimated Expenses. If this is a dissolution of maiTiage case and your expenses as I isted below do not reflect what you actually pay currently, you should write "estimate" next to each amount that is estimated.

HOUSEHOLD: 1. Monthly mortgage or rent payments 2. Monthly property taxes (if not included in mortgage) 3. Monthly insurance on residence (if not included in mortgage)

4. Monthly condominium maintenance fees and homeowner's association fees 5. Monthly electricity 6. Monthly water, garbage, and sewer 7. Monthly telephone 8. Monthly fuel oil or natural gas 9. Monthly repairs and maintenance I 0. Monthly lawn care

11. Monthly pool maintenance 12. Monthly pest control 13. Monthly misc. household 14. Monthly food and home supplies 15. Monthly meals outside home 16. Monthly cable t.v.

17. Monthly alarm service contract

Case number. 50 2003 DR 011023 XXXX SB Submitter name: ANDRE FLADELL Dale: 212212012 Florida Fan1ily L.aw Rules of Procedure Fonn l2.902(c), Family Law Financial Allida"il (09/06)

I. $ 0

2. 1]Q

3. 4. 0 5. 7QQ 6. SQ 7. 110

8. 9. 2jQ 10. 140

11. 12. 30 13. .lOQ 14. GQQ 15. 16. 17.

l'ag~::.

II

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18. Monthly service contracts on appliances 19. Monthly maid service Other: 20. Lawn Equipment (shovels, landscape supplies) 21. Paint supplies for household

22. ----------------------------------------------------

23. --------------------------------------------------24. --------------------------------------------------

25. SUBTOTAL (add lines I through 24)

AUTOMOBILE: 26. Monthly gasoline and oil 27. Monthly repairs 28. Monthly auto tags and emission testing

29. Monthly insurance 30. Monthly payments (lease or financing) 31. Monthly rentallreplacements 32. Monthly alternative transportation (bus, rail, car pool, etc.) 33. Monthly tolls and parking

34. Other:------------------------

18. .10

19. 100

20. (,()

21. )()

22. 23. 24.

25. $ 2,460

26. $ 370

27. 200

28. 0

29. 120

30. 0

31. ()

32. 0

3J. ()

34.

35. SUBTOTAL (add Jines 26through 34) 35. $ ____ .;;,.09:..:0.;;,.

MONTHLY EXPENSES FOR CIDLDREN COMMON TO BOTH PARTIES

36. Monthly nursery, babysitting, or day care 37. Monthly school tuition 38. Monthly school supplies, books, and fees 39. Monthly after school activities 40. Monthly lunch money 41. Monthly private lessons or tutoring 42. Monthly allowances 43. Monthly clothing and uniforms 44. Monthly entertainment (movies, parties, etc.) 45. Monthly health insurance 46. Monthly medical, dental, prescriptions (nonreimbursed only) 4 7. Monthly psychiatric/psychological/counselor 48. Monthly orthodontic 49. Monthly vitamins 50. Monthly beauty parlor/barber shop S 1. Monthly nonprescription medication 52. Monthly cosmetics, toiletries, and sundries

53. Monthly gifts from child(ren) to others (other children, relatives. teachers, etc.)

Case number: 50 2003 DR 011023 XXXX SB Submitter name: ANDRE FLADELL Dale. 212212012 Florida Family Law Rules of Procedure Form 12.902(<), Family Law Financial Affida\'il (09/06)

36. $ 0

37. ()

38. 20

39. ()

40. ()

41. ()

42. 0

43. 60

44. 150

45. 107

46. 20

47. ()

48. ()

49. {)

50. ()

51. 10

52. ()

53. ()

l'agc 4

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54. Monthly camp or summer activities 55. Monthly clubs (Boy/Girl Scouts, etc.) 56. Monthly access expenses (for nonresidential parent)

57. Monthly miscellaneous

58. SUBTOTAL (add lines 36 through 57)

MONTHLY EXPENSES FOR CHILD(REN) FROM ANOTHER RELATIONSHIP (other than court-ordered child supp01t)

59. ------------------------------------------------60. -----------------------------------------------61. -----------------------------------------------62. ------------------------------------------------

63. SUBTOTAL (add lines 59 through 62)

MONTHLY INSURANCE: 64. Health insurance, excluding portion paid for any minor child(ren) of this

relationship NO~B~:- ~ee line 23 under present monthly 65. Life insurance deductions.

66. Dental insurance

Other:

67. -----------------------------------------------68. ------------------------------------------------

54. n

55. ()

56. n

57. 60

58.$ 4Z7

59.$ ___ _

60.-----61. 62.-----

63. $ _______ o __ _

64. $ 0

65. 0

66. ()

67. 68.

69. SUBTOTAL (add lines 64 through 68) 69. $ ______ o __

OTHER MONTHLY EXPENSES NOT LISTED ABOVE: 70. Monthly dry cleaning and laundry 71. Monthly clothing 72. Monthly medical, dental, and presctiption (unreimbursed only) 73. Monthly psychiatric, psychological, or counselor (unreimbursed only) 74. Monthly non-prescription medications, cosmetics, toileuies. and sundties 75. Monthly grooming 76. Monthly gifts 77. Monthly pet expenses 78. Monthly club dues and membership 79. Monthly sports and hobbies 80. Monthly entertainment 81. Monthly periodicalslbooks/tapes/CD's 82. Monthly vacations 83. Monthly religious organizations 84. Monthly bank charges/credit card fees 85. Monthly education expenses Other: (include any usual and customary expenses not othetwise mentioned in the items listed above)

86. -----------------------------------------------Case number. 50 2003 DR 011023 XXXX SB Submitter name. ANDRE FLADELL Date: 2/22/2012

Florida Family Law Rules of Procedure Fom1 12.902(c), Family Law Finoncial Amda,•il (09/06)

70. $ 20

71. ISO

72. .\00

73. ()

74. _\()

75. !0

76. 100

77. 0

78. 0

79. 0

80. 200

81. 0

82. 200 83. 0

84. ()

85. 0

86.

Page 5

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87. ____________________________________________ _ 87.-----88. ____________________________________________ _ 88. ___ _

89.--------------------------------------------- 89.----

90. SUBTOTAL (add lines 70 through 89) 90. $ __ _.:.1""0""'2U.___

MONTHLY PAYMENTS TO CREDITORS: (only when payments are cunently made by you on outstanding balances)

NAME OF CREDITOR(s): 91. Mastercard 91. $ .30 92. ____________________________________________ _

92. 93. ____________________________________________ _ 93.

94·------------------------------------------------ 94. 95. _______________________________________ _

95. 96. ____________________________________________ ___ 96.

91.-------------------------------------------- 97. 98. ____________________________________________ _

98.

99.--------------------------------------------- 99. 100, __________________________________________ ___ 100.

101. ______________________________________ ___ I 01. 102. __________________________________________ ___ 102.

103. _____________________________________ __ 103.

104. SUBTOTAL (add lines 91 through I 03) 104. $ ________ .\t_1 _

105. TOTAL MONTHLY EXPENSES:

(add lines 25, 35, 58, 63, 69, 90, and I 04 of Section II, Expenses) 105. $ ======4=1i=l2=7=

SUMMARY

106. TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME)

107. TOTAL MONTHLY EXPENSES (from line lOS above)

108. SURPLUS (If line 106 is more than line 107, subtract I ine I 07 from line 106. This is the amount of your surplus. Enter that amount here.)

109. (DEFICIT) (Ifline 107 is more than line 106, subtract line 106 from line 107. This is the amount of your deficit. Enter that amount here.)

II SECTION III. ASSETS AND LIABILITIES

A. ASSETS (This is where you list what you OWN.)

INSTRUCTIONS:

Case number: 50 ZOOJ DR 011023 XXXX SB Submitter name: ANDRE FLADELL Date: 2/22/2012 Florida Family Law Rules or Procedure Fonn 12.902(c), Family Law Financial Amdavn (O'l/06)

1 06. $ __ ---'7 ''--49_9 __

1 07. $ _____ 4~,6:..;:2...:..7--

lOR. $ __ ~1.~8~71~-

109. ($ ___ _

II

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STEP 1: In column A, list a description of each separate item owned by you (and/or your spouse. 1 r this 1s a pet ilion for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item

STEP 2: Ifthis is a petition for dissolution of marriage, check the box in Column A next to any itemth<il you arc requesting the judge award to you.

STEP 3: In column B, write what you believe to be the current fair market value of all items listed.

STEP 4: Use column Conly if this is a petition for dissolution ofma1Tiagc and you believe a11 item 1s "nonmarital". meaning it belongs to only one of you and should not be divided. You should indicate to whom yotl believe the item belongs. (Typically, you will only use Column C if property was owned by one spot1sc before the marriage. Sec the "General Information for Self-Represented Litigants" found at the beginning of these forms and section 61.07:5( I). Florida Statutes, for definitions of"marital" and "nonmarital" assets and liabilities.)

A R c ASSETS: DESCRIPTION OF ITEM(S) Currenr Fair Nonnlarical DO NOT LIST ACCOUNT NUMBERS. Markel Value (./correct column)

./ the box next to any asset(s) which you are requesting the judge award lo you. husbanc.l wlfc

0 Cash (on hand) s 0

0 Cash (in banks or credit unions) (see attached page) 34,500 (ao)

0

0 Stocks total

0 Bonds total

0 Mutual funds total

0 Notes (money owed to you in writing)

0

0

0 Money owed to you (not evidenced by a note)

0

0

0 Real estate: (Home) 3837 Sherwood Blvd. Delray Beach, FL ESTIMATE 300 000

O(Other)

0

0

0

0

0

0 Business interests FORMER HUSBAND SOLD HIS INTEREST IN DELRAY CHIROPRACTIC HE HAS NO CUR ENT INTEF EST

0

0

0

0

0 Automobiles

Case number: 50 2003 DR 011023 XXXX SB Submitter name: ANDRE FLADELL Date: 212212012

Florida Family Law Rules of Procedure Foro• 12.902(c). Family Law Financial AITida 1•i1 (09106)

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,\ 13 c ASSETS: DKSCRIPTION OF ITKM(S) Currenl Fair Nnnruarilal DO NOT LIST ACCOUNT NUMBKRS. Ma•·kel Value ( ,/'corl'\'fl t'UIIIIUII)

./the bo< oe<t to any asset(s) which you are requesting U1e judge award to you. lnashand wiiC

0 2007 Nissan $ 1 s.ono 0

0

0 Boats

0

0

0 Other vehicles

0

0

0 Retirement plans (Profit Sharing, Pension, IRA, 40 I (k)s, etc.)

0 TD Ameritrade 28,921 (6)

0 Charles Schwab I, 119,548 (7)

0 American Portfolios Financial Services 2,542,457 (8)

0 Furniture & furnishings in home VALUE TO BE DETERMINED.

0

0 Furniture & furnishings elsewhere

0

0 Collectibles

0

0 Jewelry VALUE TO BE DETERMINED.

0

0 Life insurance (cash surrender value) NONE.

0

0

0 Sporting and entertainment (T.V., stereo, etc.) equipment VALUE TO BE DETERMINEr

0

0

0

0

0 Other assets

0 0

0

0

Case number: 50 2003 DR 011023 XXXX SB Submitter name: ANDRE FLADELL Date: 2/22/2012

Florida Family Law Rules ofProccdurc Fonn 12.902(c), Family Law Financial Aflidavit (09/06) Pugc :-:;

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A II c ASSETS: DESCRIPTION OF ITEM(S) Current hir Nonmarital DO NOT LIST ACCOUNT NUMBERS. Market Value ( V"corrcrt column)

V" the box next to any asser(s) which you are requesting the judge award to you.

0

0 0

Total Assets (add column B)

B. LIABILITIES/DEBTS (This is where you list what you OWE.)

INSTRUCTIONS:

husband

s

54 040 426

STEP I :In column A, list a description of each separate debt owed by you (and/or your spouse. if this IS~ petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item.

STEP 2 : If this is a petition for dissolution of marriage, check the box in Column A next to any dcbt(s) for which you believe you should be responsible.

STEP 3: In column B, write what you believe to be the current amount owed for all items listed.

STEP 4 : Use column Conly if this is a petition for dissolution ofma1Tiage and you believe ari Hem 1s "nonmarital," meaning the debt belongs to only one of you and should not be divided. You should 111d1catc to

wire

whom you believe the debt belongs. (Typically, you will only use Column C if the debt was owed by one spouse before the marriage. See the "General Information for Self-Represented Litigants" found at the beginning of these forms and section 61.075( I), Florida Statutes, for definitions of "marital" and "nonmarital" assets and I iabilitics.)

A II c LIABILITIES: DESCJUPTION OF ITEM(S) Current Nunmr.~rital

DO NOT LIST ACCOUNT NUMBERS. Amount ( ,r correct column)

./ the box next to any debr(s) for which you believe you should be responsible. Owed

husbaud will:

a Mortgages on real estate: First mortgage on home NONE. $ 0

a Second mortgage on home ()

a Other mortgages NONE.

a D

D Charge/credit card accounts NONE.

D Mastercard 0

D

D

D

D Total loans on automobiles ()

D Total loans on other vehicles and boats

D Bank/Credit Union loans NONE.

D

D

Case number: 50 2003 DR 011023 XXXX SB Submiller name: ANDRE FLAOELL Dale: 2122/2012

Florida Family Law Rules of Procedure Fonn 12.902(c). Family Law Financial Allidavil (09/06) Pag.: ')

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A LIABILITIES: DESCRIPTION OF ITEM(S)

DO NOT LIST ACCOUNT NUMBERS.

../ the box nexllo any debr(s) for which you believe you should be responsible.

0

0 Money you owe (not evidenced by a note)

0

OJudgments

0

OOther

0

0

0

0

0

0

Total Debts (add column B)

C. NET WORTH (excluding contingent assets and liabilities)

Total Assets (enter total of Column Bin Asset Table; Section A) Total Liabilities (enter total of Column Bin Liabilities Table; Section B)

TOTAL NET WORTH (fotal Assets minus Total Liabilities)

(excluding contingent assets and liabilities)

D. CONTINGENT ASSETS AND LIABILITIES

INSTRUCTIONS:

8 c Currenl Nonmurh~l Amounl (,;'cor reel colunrn)

Owed

husband wife

$

$0

$ __ 4.:J,,0;:..4:..::0.!..:.4:.=2.:.:...6 $ ____ .:..-0

$==4=,0i;::;:4:::;0,=4:::;26::::

If you have any POSSIBLE assets (income potential, accrued vacation or sick leave. bonus. inhenlance. c1c.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabililics, debts assumed by anolhcr). you must list them here.

A 8 c Contingent Assers Nunmarilal

rosslbl• v alu• (./cor reel column)

../the box uexlro any contingenl assel(s) which you are rcquesringlhe jndge award lo you hn:-:;hand wife

0 $

0

0

0

0

Case number: 50 2003 DR 011023 XXXX SB Submitter name: ANDRE FLADELL Dale: 212212012

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit(09/06) Page 10

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A fl c Nonntarital Conlingent Anets Po,.ihle Value

( ./ I.'IIITel'l culnmn)

../the box next to any contingentasset(s) which you are requesting the judge award to you husband wife

Total Contingent Assets so

A II c Contingent Liabilities Nnnmarilul

Possible (.I correct column)

../the box next to any contingent debl(s) for whicb you believe you should be responsible Amount Owed

husband

0 s

0

0

0

0

Total Contingent Liabilities so

E. CIDLD SUPPORT GUIDELINES WORKSHEET. /Q Flonda Family Law Rules or Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the panics. [ ../ one only]

X A Child Support Guidelines Worksheet IS or WILL BE liled in this case. This case involves the establishment or modification of child support.

A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or modification of child support is not an issue in this case.

Case number: 50 2003 DR 011023 XXXX SB Submitter name: ANDRE FLADELL Dale: 2122/2012

Florida Family Law Rules of Procedure Fomt 12.902(c), Family Law Financial Artidavil (09/06)

wife

Pug.: II

MAOS

I certify that a copy of this financial affidavit was: delivered to the person(s) listed below on {date}

Other party or his/her attorney: Name:

( ) mailed, ( ) faxed and mailed, or ( ) hand

------------------------------------------Address:

City, State, Zip: Fax Number:

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowi I makinfjgfil/lsc sta 1ent includes lines and/or imprisonment.

Dated: tebr~ {11 (d-Ol~ 'l/~1 __ _ _ _. . _ Si at e of Pa11y

STATE OF FLORIDA COUNTY OF pALM BEACH

Sworn to or affirmed and signed before me on

P . t d N ANDRE FLADELL nn e a me: -- 383 7 Sherwood Boule,·aid

Address: Delray Be~ch. FL-~13445

City, State, Zip: Telephone Number: (56 I) 702 -400~-- _ -Fax Number: -··. -··-

J_ -Jf- 6}tJI.;!._ by ANDRE FLADEL~

6ke1dz. ).a~-NOTARv PUBLIC or DEPUTY CLERK SHEILA L. TEETERS

X Personally known Produced identification

Type of identification produced Driver's License

Financial Affidavit Prepared by:

[Print, type, or stamp commissioned name of notary or deputy clerk . ]

. . Sheila Tee!erll @MUC.STATB OP nottrDA

• · CmmftilsstornP DD8-1341t "\:....,. . ~: SEP. a7, :zot2

Bmli>ED MU A1'tAffl're 1!~ 00,1NC.

Case number; 50 2003 DR 011023 XXXX SB Submitter name: ANDRE FLADELL Dale: 2121/2012

Florida Family law Rules of Procedure Fonn 12.902(c), Family Law Financial Affidavit (09/06) P~gc 12

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Additional Information

All submitter's jobs retired from (page 1)

Employer/Telephone/Address

Delray Chiropractic Center

1642 South Federal Highway Delray Beach, FL

Other childrens expenses (page 5)

Description

Miscellanous

Bank account assets (page 7}

Description

Checking

Wells Fargo Crown Bank Accou-(4) estimated value as of February 2012.

Wells Fargo Crown Banking (5) estimated value as of February 2012.

Case number: 50 2003 DR 011023 XXXX SB

Monthly

60

60

Value

3,500

31,000

34,500

Submitter name: ANDRE FLADELL

Requested Non Marital

Date: 2/22/2012 Page 1 of 2

MAOS

Footnotes

(1) Includes $1,009.12 in Social Security benefits received for benefit of Eli Fladell which is sent directly to FW and which should be deducted from the FH's child support obligation. FH's Social Security is $1,524 per month. Benefits increased by 3.5%.

(2) This is a decrease in income due to a bond recall from American Porfolio brokerage account. Yearly income is now $72,775.00.

(3) Tax is estimated and was calculated as 15% of Former Husband's monthly social security benefits for himself and for Eli.

(4) estimated value as of February 2012.

(5) estimated value as of February 2012.

(6) value as of 7/31/2011.

(7) value as of 7/31/2011.

(8) value as of 1/31/2012.

Case number: 50 2003 DR 011023 XXXX SB Submitter name: ANDRE FLADELL Date: 2/22/2012 Page 1 of 1

MAOS

\

IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

~ IN RE: The marriage of ERICA BENEDETTI, lJ)~·· C3

CASE No.: 502003DR011023xxxxSB!~;. ~ Petitioner, Family Division FZ ~~~ ?

and Honorable Judge Martin H. Colin ...:,t.:;:-r w

~:E.~,; 0 ~~: 6~? ANDRE FLADELL,

Respondent. I ........_,%.,.. ~~~:··· ~ -• r ..-_, ·!

~·-· FORMER WIFE'S VERIFIED MOTION FOR AN EXPEDITED HEARING FOR INDIRECT CIVD... CONTEMPT, PERJURY AND SANCTIONS ON FORMER HUSBAND

NOW COMES, your Movant, the Former Wife herein, ERICA BENEDETTI, and in

support of this motion states the following as fact and requests the following relief:

1. The Former Wife is seeking relief for the current or present child support obligation,

which is different from the past child support arrearage. The Former Wife is

distinguishing the difference between the words according to Merriam-Webster

dictionary definition on "current", "present" and "past". Current is "occurring in or

existing at the present time <the current crisis>", present is "now existing or in

progress" of the current case; verse past "having existed or taken place in a period

before the present" or "beyond the capacity, range, or sphere of' current case, which

was filed September 2010. This will also reduce the amount of issues and time need

for fmal hearing.

CONTEMPT

2. This motion is for civil contempt under RULE 12.615.

a. There is a prior, valid child support order entered on December 30, 2003, by

Circuit Judge Jeffrey Colbath ofPalm Beach County, Florida (Exhibit 1);

b. The current child support obligation was not paid from March 2011 through

January 2013 and is due. The current child support obligation due is eighteen

thousand eight hundred and fifty dollars ($18,850.00) and one thousand one

hundred sixteen dollars and thirty eight cent ($1, 116.38) in interest, not

including (fees, cost) and any other relief the court deems appropriate. This Page 1 of9

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motion is not for, pertaining to, or requesting the TENS OF THOUSANDS of

past due child support arrearage prior to the filing of this case, which will be

addressed at final hearing.

c. The Fonner Husband is in willful contempt of Court based upon his failure to

comply with the Court's orders and/or final judgment even though he had the

ability to do so and presently has the ability to comply, verified by the May

10,2011 court order issued by Judge James Martz (Exhibit 2) and the Former

Husband February 21, 2012 Financial Affidavit (Exhibit 3). "In reaching a

determination of "ability to pay," the husband's income alone is not the only

factor for review. Among other things, consideration should be given to the

husband's capital assets "NFirestone v. Firestone, 263 So. 2d 223- Fla:

Supreme Court 1972, and "In determining whether the contemnor possesses

the ability to pay the purge amount, the trial court is not limited to the amount

of cash immediately available to the contemnor; rather, the court may look to

all assets from which the amount might be obtained" Bowen v. Bowen, 471

So. 2d 1274 - Fla: Supreme Court 1985.

d. Therefore, the Fonner Husband's failure to pay the support on the specific

dates are willful;

e. Therefore, the Fonner Husband willfully violated the current court order to

pay support~

f. The named sources from which the Fonner Husband has a sufficient present

and immediate ability to pay the purge order are enclosed.

The following supports and verifies as fact Section 2(a) though (f).

3. Former Husband's defense for not paying this court order child support is frivolous.

The Former Husband is so "clearly wrong" or "frivolous" or constitutes a

"misrepresentation" to justify punishment. This is clearly demonstrated as fact in the

Former Husband's February 21,2012 Financial Affidavit (Exhibit 3) where the

Fonner Husband swore under oath P,er "page 2line 8 and Footnotes, (1)" the

following; "Includes $1,009.12 in Social Security benefits received for the benefit of

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Eli Fladell which is sent directly to FW and which should be deducted from the

FH's child support obligation." According to §61.30(11)(a) Fla. Stat., The court

may adjust the total minimum child support award, or either or both parents' share of

the total minimum child support award, based upon the following deviation factors:

§61.30(11)(a)(2) Fla. Stat., Independent income of the child, not to include moneys

received by a child from supplemental security income.

4. The Former Husband has willfully refused to comply with the court's order for child

support. The standing court order for child support, which is dated December 30,

2003, required the Former Husband to pay child support as followed; "Father will pay

child support in the amount of$650.00 per month ... " and "continuing on the first of

every month until modified by court order ... " (Exhibit 1)

5. According to the Former Husband own testimony during his April28, 2011

deposition, The Former Husband stopped paying the court order child support, "under

advice of my attorney", after only four months of payments. (Exhibit 4) This case

was filled in September 2010. The Former Wife ONLY received the following

months of child support payments; November 2010, December 2010, January 2011

and February 2011. The current child support payments of March 2011 through

February 2013 are due.

6. The Former Husband has willfully refused to comply with the court's order for child

support. It is within the power of the Former Husband to comply and obey with the

court order child support and his present ability to comply and purge is proven as fact

with the court order issued by Judge James Martz, on May 10,2011, which states as

followed: "The Court takes notice that the Former Husband has stipulated on the

record that the Former Husband has at least two million ($2,000,000.00) dollars in

assets that render him the ability to pay any purge payment or child support

arrearages ... " (Exhibit 2)

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7. According to the Fonner Husband's Financial Affidavit, dated February 21, 2012

(Exhibit 3) the Fonner Husband has over four million ($4,000,000.00) dollars in

assets. The Fonner Husband has over thirty four thousand ($34,000.00) dollars in

cash in the bank, over twenty eight thousand ($28,000.00) in a TD Ameritrade

brokerage account for "play money" for day trading, over one million one hundred

thousand ($1,100,000.00) in a Charles Schwab brokerage account, and over two

million five hundred thousand ($2,500,000.00) in an American Portfolios Financial

Services brokerage account: all which render him the immediate ability to purge pay

his current due child support obligation. In reaching a determination of "ability to

pay, " the husband's income alone is not the only factor for review. Among other

things, consideration should be given to the husband's capital assets, Firestone v.

Firestone, 263 So. 2d 223 - Fla: Supreme Court 1972, and "In determining whether

the contemnor possesses the ability to pay the purge amount, the trial court is not

limited to the amount of cash immediately available to the contemnor; rather, the

court may look to all assets from which the amount might be obtained" Bowen v.

Bowen, 471 So. 2d 1274- Fla: Supreme Court 1985.

8. The Former Wife has been frequently and regularly inquiring via phone, email, in

person as to when the Fonner Husband will be paying the court order child support

and why the Fonner Husband is not paying his court order child support. The

following are responses of Former Husband.

a. Fonner Husband ''under advice of my attorney" stopped paying and is

willfully withholding the court order child support. This is verified by the

Former Husband's own testimony during his April28, 2011 deposition.

(Exhibit 4)

b. Fonner Husband has a difference of opinion with the court order, and

therefore since he does not agree, he will not pay.

c. Fonner Husband will ONLY do what the court tells him to do, even though

the court has already told the Fonner Husband, by issue of the December 30,

2003 court order for child support.

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· 9. The Former Husband has failed to obey a lawful order of a court, is in contempt of

court, showing disrespect for the judge, disruption of the proceedings through poor

behavior, and publication of material deemed likely to jeopardize a fair trial, which

interferes with the court's authority, jurisdiction and wastes the court's precious

resources; (include the Former Wife's time and resources to litigate this issue for the

past three (3) years.)

10. The Former Wife respectfully requests the honorable court to provide the following

relief as appropriate, including but not limited to the following:

a. issue an order holding the Former Husband in civil contempt;

b. enforcing or compelling compliance with the prior order or judgment;

c. awarding prejudgment interest according to Florida Department of Financial

Services Statutory Interest Rates under §55.03 Fla. Stat.; Applegate v.

Applegate. 566 So.2d 865 (Fla. 1st DCA 1990);

d. require the other party to pay costs and fees in connection with this motion

and past motions; including the Former Wife's previous attorney fees and for

having to litigate this issue for the past three (3) years; Rosen v. Rosen. 696

So. 2d 697- Fla: Supreme Court 1997. Canakaris v. Canakaris. 382 So. 2d

1197 (Fla. 1980). and Nichols v. Nichols, 519 So. 2d 620 (Fla. 1988).

e. issuing a writ of bodily attachment if the other party fails to appear at the

hearing set on this motion;

f. ordering incarceration of the other party with a purge payment;

11. Former Wife requests for awarding prejudgment interest according to Florida

Department of Financial Services Statutory Interest Rates (Exhibit 5) under §55.03

Fla. Stat. and according to case law; Applegate v. Applegate. 566 So.2d 865 (Fla. 1st

DCA 1990); See (Appendix A) for interest calculations. Amounts change as of

August 1, 2013.

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12. The majorities of the Former Husband's assets are investments stocks and bonds.

According to the SEC (U.S. Securities and Exchange Commission) all transactions

such as buys and sells, settle in three business days. Therefore the Fonner Wife

respectfully requests the Former Husband's purge payment be due no later than five

(5) business days from the date of a ruling. This will provide three (3) business days

for the transaction to settle and one ( 1) business day for the funds to be bank wired to

the Former Husband and one (1) business day for the Former Husband to deliver the

funds to the Former Wife, for a total of five (5) business days. SEC rules attached

(Exhibit 6)

PERJURY & SANCTIONS

13. According to §57.105 Fla. Stat., (1) Upon the court's initiative or motion of any

party, the court shall award a reasonable attorney's fee, including prejudgment

interest, to be paid to the prevailing party in equal amounts by the losing party and the

losing party's attorney on any claim or defense at any time during a civil proceeding

or action in which the court fmds that the losing party or the losing party's attorney

knew or should have known that a claim or defense when initially presented to the

court or at any time before trial: (a) Was not supported by the material facts necessary

to establish the claim or defense; or (b) Would not be supported by the application of

then-existing law to those material facts. Therefore Fonner Wife respectfully requests

petjury and sanctions on Former Husband and sanctions on his attorney for the

following reason(s).

a. The Fonner Husband swore under oath and committed petjury on the Former

Husband's February 21, 2012 Financial Affidavit (Exhibit 3) according to

FLA §914.13, Fla. Stat. that the So<;:ial Security benefit for Eli Fladell was

$1,009.12, which is proven incorrect as fact by SSA-1099, from 2011

attached. (Exhibit 7) The benefit was only $975.00.

b. Therefore, the Former Husband submitted misleading evidence, which was

not supported by material facts necessary to establish the claim or defense,

such as the SSA-1099.

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c. The Former Husband's defense and request for a deduction contrary to

§61.30(11 )(a )(2) Fla. Stat., is not supported by the application of then-existing

law to the Former Husband's defense of material facts §57.105 Fla. Stat. The

Former Husband stopped paying the court order child support according to the

Former Husband's own testimony during his deposition on April28, 2011.

Therefore Former Wife respectfully request perjury and sanctions on Former

Husband.

14. According to §57.105(4) Fla. Stat., A motion by a party seeking sanctions under this

section must be served but may not be filed with or presented to the court unless,

within 21 days after service ofthe motion, the challenged paper, claim, defense,

contention, allegation, or denial is not withdrawn or appropriately corrected.

15. Twenty-one (21) days have passed and the Former Husband has not corrected the

issues at hand. The Former Wife has provided the Former Husband twenty-one (21)

days to correct the issues including the current due child support obligation. The

following issues are not corrected:

a. Withdrawn the claims set forth in defense of the Former Husband not paying

the current court order child support. Current claim is Former Husband

requests a deduction from the Former Husband child support obligation,

which would not be supported by the application of then-existing law to those

material facts according to §61.30 Fla. Stat.;

b. The Former Husband has also failed to correct his Financial Affidavit of

February 21, 2012 and provide documented material proof of facts necessary

to establish the Former Husband's Financial Affidavit, claim, and/or defense;

c. The Former Husband has also failed to pay the current court order child

support and deliver to the Former Wife the request current support payments,

which are due. The amount due is eighteen thousand eight hundred and fifty

dollars ($18,850.00) and one thousand one hundred sixteen dollars and thirty

eight cent ($1, 116.38) in interest;

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Wherefore, your Movant the Former Wife herein, Erica Benedetti, respectfully prays that

this Honorable Court grant this Motion in its entirety and grant her any and all further

relief as this Honorable Court may deem just and proper under the circumstances.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made above and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Date: ¢r · 3¢ · 2.¢}3

STATE OF FL<pyDA

COUNTY OF y' aJ tlt~d\.

~- dJJiJ ( Erica Benedetti ~

Sworn to (or affumed) and signed before me on this :'x) day of J ( b.J~ by Erica Benedetti.

___ Personally known Y--Produced identification l,r- C"\J

Type of identification produced -~----.,1---'~1--:J-0"--=''-------------

JENNIFER FERGUSON Notary Public, Slate ol Florida

Commission# EE 87474 My comm. expires May 8, 20t5

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Pre-Filing Certificate of Service

I HEREBY CERTIFY that. a true and correct copy of the foregoing was faxed/mailed/emailed

to Jay A. Schwartz, Esquire, Sachs, Sax, Caplan, 6111 Broken Sound Parkway, NW, Suite 200,

Boca Raton, FL 33487, jschwartz@scclawfmn.com, and Magistrate Diane M. Kirigin, South

County Courthouse, Delray Beach, FL 33444, this 3¢ day of July, 2013.

Certificate of Service

Erica Benedetti

Fonner Wife

4919 Jefferson Rd.

Delray Beach, FL 33445

561-276-2141

Ericab52@yahoo.com

By:____.C. ~ Eric~

I HEREBY CERTIFY that a true and correct copy of the foregoing was faxed/mailed/emailed

to Jay A. Schwartz, Esquire, Sachs, Sax, Caplan, 6111 Broken Sound Parkway, NW, Suite 200,

Boca Raton, FL 33487, jschwartz@scclawfirm.com, and Magistrate Diane M. Kirigin, South

County Courthouse, Delray Beach, FL 33444, this ____ day of July, 2013.

Page 9 of9

Erica Benedetti

Fonner Wife

4919 Jefferson Rd.

Delray Beach, FL 33445

561-276-2141 .,. .

Ericab52@yahoo.com

By: __ -:--~-----=-----=----­Erica J. Benedetti

MAOS

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

FAMILY DIVISION "FX" CASE NO. 502003DR011023XXXXSB

IN RE: THE MATTER OF:

ANDRE FLADELL, Fonner Husband,

and

ERICA BENEDETTI, Fonner Wife,

------------------------~1 ORDER ON FORMER WIFE'S MOTION FOR CONTEMPT,

PURGERY AND SANCTIONS [DOCKET ENTRY 2731 AND ORDER ON 2N° MOTION FOR CONTEMPT [DOCKET ENTRY 2741

THIS CAUSE came before General Magistrate Diane M. Kirigin on January 10, 2014, on Fonner Wife's Motion for Contempt, Purgery and Sanctions and 2"d Motion for Contempt. Former Husband appeared with Legal Counsel and testified. Former Wife did not appear but was contacted by the Magistrate and appeared telephonically and testified.

BASED UPON a review of the Court file, the pleadings, and the Court being otherwise fully apprised in the premises, this Court makes the following FINDINGS OF FACT and CONCLUSIONS OF LAW, to-wit:

A. This Court has continuing jurisdiction over the parties and the subject matter hereof.

B. Fonner Wife did not appear and when she was contacted telephonically by General Magistrate Diane M. Kirigin she testified that her home was flooded and she could not appear personally at the hearing.

C. Former Husband appeared with his legal counsel, Jay A. Schwartz, Esquire at the hearing. There w~ a dispute between the parties as to whether the Former Wife was able to appear or not as the Fonner Husband lives two blocks away from her and came to Court.

D. Court notes that the Case Manager received a message from an unidentified male voice who represented that Ms. Benedetti was unable to appear at the hearing. The Case Manager gave the Fonner Wife's phone number to the General Magistrate and she was able to call her from open court as a result she was able to get Ms. Benedetti to appear telephonically and was able to conduct the non evidentiary hearing on the two Motions that the Former Wife filed.

E. The Court finds merit in Mr. Schwartz's argument that Ms. Benedetti failed to comply with the requirements of 57.105 to provide the twenty one (21) day notice as to that her Motion for Contempt, Purgery and Sanction is denied without prejudice.

MAOS

502003DRO 11 023XXXXSB~FX Page 2

F. Fonner Wife's 2nd Motion for Contempt is dismissed because there is an existing Motion for Civil Contempt contained on page two (2) of the Septemqer 13, 2010 Motion which asks for Child Support arrears that accrued between the date of the filing and now.

IT IS THEREUPON,

ORDERED AND ADJUDGED:

1. The General Magistrate's FINDING OF FACT, CONCLUSIONS OF LAW and RECOMMENDATIONS as embodied in the ORDER are appropriate; and are adopted and incorporated hereinafter in the entirety.

2. Fonner Wife's Motion for Contempt, Purgery and Sanctions [Docket Entry 273] is DENIED without prejudice for the reasons hereinabove set forth in this ORDER.

3. Fonner Wife's 2nd Motion for Contempt [Docket Entry 274] is dismissed for the reasons hereinabove set forth in this ORDER.

4. Upon inquiring by the General Magistrate the Fonner Wife indicated that although she is now self~represented she still desires of pursuing her September 13,2010 filing which is the Motion for Contempt Enforcement and Supplemental Petition for Modification of Child Support, Parental Responsibility. When asked by the General Magistrate the time estimate for trying that matter of which we have already put in one day of trial she indicated three more days and Mr. Schwartz agreed as a result a trial will be scheduled by separate order.

5. Court reserves jurisdiction to determine entitlement to determine attorney's fees and costs sought by Fonner Husband based upon Merit of each Motion and parties dispute regarding whether or not Former Wife could or could not have appeared here today because of weather conditions.

DONE AND ORDERED in Delray Beach, Palm Beach County, Florida this I ~ day of

February, 2014. ~

Copies furnished Interoffice Mail to:

General Magistrate Diane M. Kirigin

Copies furnished U.S. Mail to: Erica Benedetti 4919 Jefferson Road Delray Beach, FL 33445

Jay A, Schwartz, Esquire 6111 Broken Sound Parkway NW Suite 200 Boca Raton, FL 33487

MARTINliCOLIN Circuit Court Judge

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