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  • 1. IN THE CIRCUIT COURT THESIXTH OF JUDICIAL CIRCUIT OF THE STATE FLORIDA, AND FORPINELTAS OF IN COUNry FAMILYLAW DIVISION lN RE:Tl"lEMARRIAGE OF o B# ht i-l LINDAMARIEBOLLEA. PetitionerANife, E,%g and &' F TERRY BOLLEA, GIENE ,EB l(F RespondenUHusband. TO MOTION ENLARGETIMEFORMANDATORY DISCLOSURE AND TO EXTEI$g T-IME WHIgH TO RESPOND YUFE'S lN TO FTRSTREOUEST FORpROpUCTtOt!, Tq A,NSWER WTFE',S F|RSTSET OF EXPERTWITNESS |NTFBROGATOR|ES.AND TO ANSWERW|FE'SSTANDARD FAM|LY_LAWTNTERROGATORTES TERRY GENE BOLLEA,by and throughhis undersigned Hushand, attomey, pursuant Fla. R. Civ. P. 1.090,filesthis his Motionto Enlarge to Time for Mandatory Disclosureand Extend to Tirne Which Respond in to toWfe's First Requestfor Production, to AnswerWife's First Set of Expert Witnessfnterrogatories Husband, to end to Answer Frrmily Starrdard grounds: Law Interrogatories statesthe following and 1, to rvhen actis required altowed be Pursuant Fla.R.Civ.P. 1.090(b), an or to doneat or withina specifiedtimeby the FloridaCivilRulesof Procedure causeshown for the courtat any time in its discretion mayorderthe timeenlarged reguest rnadeeither if is beforeor aft,er expirationof the specifiedperiod(if afterthe specifiedperiodthe failure the to act must be the resultof excusable Law R.P. 12.090provides neglect).Fla.lFam. that tirneshatl givenby Fla.R, Civ,1.090. be : i i ,: i'
  • 2. 2. Fla.Fam. Law.R.P.12.285(a)(1)providesthat "[e]xceptforprovisionsasto financialaffidavits childsupport and guidelines worksheets, portion thisrulemaybe any of modifiedby orderof the courtor agreement the parties.", of 3. Pursuant Fla.Fam.Law.R. P. 12.285(bX1), to documents required the by rule for a temporary hearingmust be produced eitherwith the noticeof hearing two or daysbefore hearing servedbydelivery the responding business the if by party(seven days if served,bymaif). Pursuant Fla. Fam.Law.R. P. 12.285(bX2), to documents mustbe producedwithinforty-fivedays of the initialor supplemental (thisprovision proceedings 12.285(bX1)the timeelapses supersedes if first)- 4. docurnents to beproduced Pursuantto rule,the mandatorily-required the are on January 2008. 10, 5. Husband's ThatHusband'sResponsetoWife'sFirstRequestforProduction, Answe to first$et of Expe WitnessInterrogatories Husbandand Husband's rs rt to Answers to Standard Law lrtterrogatories alsoalldue on January10,2008. Family are 6. Husband unableto complywiththe mandatory is disclosure in requirements the time framesprovided 12,285(bXl)and (bX2)because the complexity the case in of of and the votumeand location documents be provided.. of to 7. production riusbsndis urrable respond thb supplemerr{al to io and requests to answertthepropoundedinterrogatories the time frames providedbecauseof the in complexity the caseand the volumeand location documents be provided. of of to 8. The case involvesparties whose income and expensesgreatlyexceed $150,000.00, the documents and to pursuant the rute,pursuant required be produced to -2-
  • 3. to supplemental requests, whicharenecessary the production and for of an honest and accurate financial affidavit bothvoluminous not readily are and available. I' Because the largeanddiverse of expenditures the parties, production of the of a uselul financiafaffidavitis impossible withoutacquiringsubstantial amountsof information frornsourcesoutside Wfe. Any attempt an eslimateby the partybased of at on knowledge belief and without support thebackup the of docurnentation wouldbe likely so inaccurate to be not onlyuseless, misleading. aE but 10' Later amendments the financial to affidavit would not rectifythe initial misimpressions which would resultfrom the production an unsubstantiated of financial affidavit wouldnot servethe goalof judicial and economy. 11- Further, endsof justice the wouldnot be servedby sucha misfeading and inaccurate nancialaffidavit. fi 12' AlthoughFla. Fam.taw R.P. 12.285(aX1) provides that provisions to as financialaffidavitsare not to be modified orderof the court,that provision by does not prohibit court from enlarging time for the act to be performed the the pursuant Ffa.R. to Civ.P. 1.0-c)0 adopted Fla.Fam.Law.R. p. 12.090). (as by 13. partyhasor willbe prejudiced the enlargement timeto produce Neither by of the dtlcumsnts ieqltired by Fla. Fain. Law R.P, i2.2A5, or requested in Wife's pleadings,and the efiiciencyof the judicial processwitt be servedby suppfernenlal avoiding necessity having amend the of to financiaf affidavits certificates compliance and of repeatedly. On the other hand, Husbandor Husband'saftorneymay suffer severe sanctions under12.285(f) a documentto produced if be undertheruleis nottimelyserved. -3-
  • 4. 14. Justicerequires enlargement timeinthiscasebecause timeframes an of the providedin Fla. Fam. Law. R, P. 12.285simplyare unworkable a case with such in sizeableassets and expenditures exist in this case,and to subjectHusband as or Husband's attorney the possibility sanctions to of wouldbe inequitable. 15' Husbanddoes not believethat opposing counselhas any objection the to Court'senlarging time allowed production the documents be provided the for of to under Fla,Fam-Law.R. P.12.?85, requested supplemental or in pleadings. Wl'IEREFORE, Husbandrequests that the Cqurtenlargethe time framesfor productiorr the financial of and other'documents be produced affidavit to underFla.Fam. Law. R. F'. 12.285, Husband's for Response Wife'sFirst Requestfor Production, to Answers Mfe's FirstSetof ExpertWitness Husband's to Interrogatories Husband, to and Husband'si to periodof Answersto StandardFamilyLaw lnterrogatories an appropriate time,for grrodcauseshown, and for otherreliefthe Court deemsappropriate. I HE:REBY CERT|FYthat copyof the foregoing beenfurnished O. Stephen a has to Thacker,E:squire, Thacker& Smitherman,407 SouthEwing Florida Avenue,Cleanryater, 33756,Co-counselfor PetitionerM/ife; A.J.Bananco, Esquire, and Jr., & Barranco Kircher, P.A", 150 West FlaglerStreet,Suite 1400, Ir{iqJn-i, Florida33130, Go-Counsel for Petitioner/A/ife, facsimile by and U.S.Mail,this A( dayof January,2008. 425 SouthGarden Avenue Glearwater. FL 33756 ( 727I 443-6787 Cleanruater) 813t229-7251 (Tampa) FloridaBarNo. 094733 ,SPN No.00041893 Attorney Respondent/Husband for ^+
  • 5. IN THE CIRCUIT COURTOF THE SDffH IUDICIAI- CIRCIJIT IN AND FORPINELLAS COUNTYFI..ORIDA FAMILY LAW DIVISION II.I RE:THE MARRIAGEOF: LINDA MARIE BOI.I-EA, CaseNo. 07-DR-013355-FD-14 Petitioner/Wife, and T]JRRYGENEBOLLEA, Respondent/Husband. PETMIONER'S NOTICE OF COMPLIANCE wfrr{ MANDATORYpTSCLOSURE' (Pursuant to Fla. Fam. L.RC.P. 12285) The Petitioney'Wif.e , LINDA MARIE BOLLEA, here by of Ctmpliance with Florida Famil,yl-aw Rules of Procedure 12.28,5 and states:2 L, A Fina.ncial Alfidavit in substantial conformiW with Florida Law Form 12,e01(e): Wif{s Preliminary Financial Affiilaoit will befiled sryaratelyq Ance Wife is able to obtdin her ilocumentsfrom the llusbanil and Leilis, Birch & Ricarilo, P,A, ALl federal and state incoure tax refirrns, gift tax returns, and intangible pe:rsonal property tax returns filed by the party or on the parq/s behaU for the past three (3) years: As of the date of fiIing, each and arery financial document of Wife and any corporation, partner.ship, trustr etc. in which the Wifu has, or may have an interest are kept in the possession. supervision, custody and control of Lewis, Birdr and Ricardo, P.A. and/or dre Husband. This complianc€ was specifically produced try Lewis, Birch and Ricardo, P.A. to Wife's attornrys. The Husband and/or his lawyers have forlridden Lewis, Birch and Ricardo, P,A. 1oprovide any other docu.memts without court ordef. a A verified notice of comptiance shall be filed wiih the court when dierrt is back in the jurisdiction ' srrrre MUseuM 1400, (sd.) row.R.*o if*!'"5flE="EftJf5trf,l"fi.?Lil'=tli;i;'-'r!:?7, TET.EFH'NE 3?1-s.?s
  • 6. Att achcilarethefolloating: A. u.s' rndinidual Income Tdx Return,Eortn L040for the foll^owing yeafsi 2006; 2045; 2004; 2003;and 2002. B. Alnbama Indioidual IncomeTaxRetuns for 2002. c. California Ineome Tax Returnsfor thc following years: 2006; 2005; 2004; 2003; and 2002. D, Illinois Indiaiilual l,ncomeTax Rcturn for 2006. E, Massachusetts Income Tdx Retuns for 2002 and 2006. F. Pennsylvania Income Ta^xRetrrn for the following y edrs: 2005; 2003;and 2N2. G. Neut York Stnte Income Tar Retrfin for the fotlouing ueats: 2AW 2004 2003;and 2002. H, New Hampshire Business (sola proprietorship) tarc retuffis for 2005. L Aizona Perconal Incorrre Returnfor 2002, L Atkansae Indiaiiluel Incomc Tax Retarn for 2002. K Connecticat lncome Tax Refiirnfot 2002 and 2(103. L. Illinois Indioiilual Tax Refilrn for 2002 and 2003. M, Indiana Indioidual Tax Returnfor 2002and 2003. LAW OFFICES OF BARR^NCO & KIRCHER. F,A. 6UITE MUEEUM TOWER, 160 l^/EST FLAGLER STFEET. MIAA'I. FLORIOA 35I5O-15"7, TELEFHONE (3oli) T71.847., '4OO.
  • 7. N, Mfchigan IndipidualTax Returnlor 2002, O, MinnesotalndiaidualTaxRehmrlor2002. P. Miseissippi Indipidual Tax Returnfor 2002. A. MissoartIndioidunlTaxReturnfor2002, R. Newlersey Ind.ioidualTatRetuntfor20Q2 and.2003. 5. North CarcIina Inilividual Tax Refirrrn 2002and 2003, for T. Qhio IncomeTax Rehrmfor 2002. U OklahomaIncomeTaxRefinafor2002, V. Rhodelsland.lndiaiihnlTar Returnfor 2O02. W, South Cdtolina Inilioiilaal Tax Retunt for 2002. X. Virginia IndiaifutalTax Returnfor 2002, y, Wisconsin IncomeTax .Roturnfor 2002. Z KentuckylncomeTax&eturnforAh0S- AA. Elorida Intangible Peftonal Propnty Tat Returnsfor thefollouting Years: 2005; 2004;and 2003. 3- IRS forms W-2, 1099 and K-1.for the past year, if the income tax retum for that year lns not been prepared; Not applicable. 4. Pay stubs or other eviderrceof earned income for the past ttuee (3) morrths. Wifehas earneil no incarflEduringthe past tltee (il months. A statementby the producingParty identifying the amourttand sourcc o.fall income recejved from any source during the last tfuee (3) months by this rule if not re.fXectedon the Pay .ctubs Produced, GrJrrE MUsEuM r4oo, (*aos) rowER.,*,R:r"F,X"5:St;r"$FffT.?X# Ti,5l,EX'll;o-rFa7.rEr-EFHoNE r71-EF7fi
  • 8. Wife hasearneil incomeduring the past tfuee(3) months. no 6. All loan applications financial statements and prepatedor usedwithin the parst twelve (12) monthspreceding -service the financialaffidavit requirqd by this the of ru'le,whether for the purposeof obtainingor attemptingto obtaincredit or for any other PurPose: None of thue ilomments are in our possessiott.lf they exist,they are in Husbsnd's possessionatstody or control. 7. All deeds within that last three (3) year$, prornissory nctes within ihe last tq'elve (12) months, and alJpresent leasesin which the party owrls or owned an interest whether held in the party's narne individually, in the party's name jointly with any other person or entity, in the party's n€uneas trustee or guardian for any other person or in someo:re else'3 rurrne on the pa"r$r'"s behalf: A.ttached are thefollowing; '' A. W ananty D eed (prchas e of pr oputy) dateil {28/06 Closing statanentfor sale of prop#V dated 8/77/X7 -Miami,Beach,Floiila'331.40 Motgdn Stanley mottgage statenents (paid infull) Watranty Deed (eale of propnty) dateil SAV0T E. AII periodic statemenB for the last three (3) months for all checking accounts, arrd from thc last twelve (12) months for all other accounts (savings acc{runts, money market funds, certificates of deposit, sedit union accounts, etc.) regardless of whether or not the account has been close4 including those held in the party's name individually, in the party's narne jointly with any other person or entity, in the pmty's natne as trustee or guardian for any other person or in someone else'snflne on.the party's behalf: Attached are the follouing: A. Br o olustar P rc dudions, LL C Santrast BankBasic Busraess Checktng W)# Statetnentsfor 9ffffi)7 through 71/30/fr7 B. l-ilEntutaintnmt, LLC SunTrust BankBasic Business Checking *5733 StatenenE for 9/30tO7through 71rtAfr7 c Holy Shift Pro iluctions, LLC SunTtrlst Bank B asit. Business Checking *5238 Statementsfor 9l30tT7 thtough 71,f30/07 LAW OFFIOES OF 6ARRANCO A KIROHER. F.A, sulTE 'l4oo, MUSEUM TOWER, l50 WEST FLAGLER STREET. MtAMt, FLC)RTDA 3313n-15?7. Tfl.EPHONE (BO5) 371-Bar75
  • 9. D. Tery orLindaBollea SunTrustBankProtfolio Super lntnest Checkingfr421'3 Statemmh f or 9rt0/Xp7throug! 11./07/n7 E, TurrAot Lindd Bollea Interest Checking Sunirust BankPortfolio Super *7252 Statetnena 70/OVO7 for throagh1WX7 g. AII brokerage account statements irr which either Party to this action held withirr the last twelve (lZfmonths or holds an interest including those heldin the party'.s name individually, in the party's na,mejointly with any Person_orenhty, in the Parf)':s name as rrustee or guarcliantofany other person or in someoneelse'snarne on the Pajty's behail: Attached are the f olloating; A. Morgan Stanley Acct. *486 071,Linda M, Bollea €t Tarry G. Bollea Ttee,tinila M. Boflea Ttust UAD 70/2WB S.tattmetttsfor 1.2fi1fi6 tht ough 71f30fi7; and Ino estment'P etform ance Rep il at ed 913 ott W7 and' 6f30fi7 B. Morgan stanley Acct.,+970 036,LindaM, Bollea ft Terry GeneBollea, Co f tees, Linda B ollea Trust 70f21t98 StatemantilatedlWWT *473 077TGB Family Limited Partnetship c. Morgan stanley A.ccL or-perioitof 12fr7/06throughLffi0/O7 Stat*emnttsf D. Morgan Stanley AccL *474 077TGB Fam-ily t:y:!:d 'Partnetship Statimentsf or-petiodof 7?l37,fr6through77/30/07 E. Morgan Stanley AccL *475 077TGB Famlly niylld Pa_rtnership Sta{etnentsf ot-p*io d of 72/3ffi through 71/30ft7 ; anil Ino estm P nf ormanceRq ort f or 9ftWO7anil 6fi 0/07 ent- F. Morgan Stanley AccL *488 071TGB Famlly t".ly:trd Pafinetship Statementsfor-period of 72/3U06through tU30/07i7ry1t . InoesfinentPetfornance Reportlor 9130/X7 6ft0/07 and +943077 Bus,htes-s9caqeAccount, G. Morgan Stanley AccL Linia M arie Bollea for Bro okeB ollea lnTuUlEL fo t it Lryyll Statem.ents p eri6 of 7ttU07thr9ug.! .- action N itticati Tr ans ddted 1Uil07 ond {27/O7 otnrs LAW OFFICES OF FARRANCO & KIRCHER. P'A' MlAMl. FLoRloA 3319O'152t'| TELEFHANE (3O$) S71-4674 srut.rR 1,too, MlJsEl,,M TQWER, l50 WEST FLAGLER sTReFT'
  • 10. H. M,organ Stanley Acct, *267 071., Linila Marfe Bollea Crct for Brooke BolleaUTMNFL, Stdtetnentsfor pdoil ol ltOW7 throagh IVJWT Tr ans action Confrmation ilateil 11/06/O7 Trdnsaction N otification dateil 7V1V07 Lettu from Morgan Stanley ilated 1W9/07 L Morgan Stanley Acct.'+268 Linila Marie B olled Custfor Nicholas 077, Bollea LffiUVFL St aternents perioil of 1,fiU07 through 7WW7 for 10. The mcst recent staternerrtfor any profit sharing, retirement, deferred co;mpen$ation or pension plan (IR, 401(k),403(b),SED KEOGI+ or other similar aceount) in which the party is a participant or altematepayeeand the surrunary plan tlescription for any retirement profit sharing, deferred cornpensationor pensionplanin which the party is participant or any alternate payee. [The summary plan description must be furnished to the party on request by the plan administrator as required W 29 U.S.C. 5102a(b)(a)]: A.ttached is thefollouting: .Motgan Stanley Acct. 1?,66Lnr IRA, Linda Bollea Stat ement da t ed 9/30/X7 11.. The declaratiotu page, last periodic statement, and certificate for aU life inr;urancepolicies insuring the party's life or the life of the par{s spouseand.all cunent health and derrtal cards covering either of the parties and/or their dependent children: Health dnil dentalinsurence cards sre attaclrcd. "12. Ail corporate, partnership, and trust tax returns for the last three (3) years, if tfie party has an ownership or intermt in a coryoration, partnership, or trust greater than or equal to'thirty (3070) percent; Attached arc thefollowing: /4- I4.EntertdinmenlLLC U.S, Income Ta* Retarns fot S Corpordtlott, Form 71205,for 2004 through2006. Elotida Intangible Tax Refinn for Corpordtion (Form DR-607C) for 2006dnd2005. 13. All promissory note.sfor the last twelve (12) months, all credit card and chrargeaccount stat€dlents, and otJrerrecords showing the party's indebtedness as of the date of the filing of this action and for the last ttuee (3) rnonth.s, and all prcsent leasc agreements,whether owed in th,e party's name individually, in the party's narne jointly surr. 14oo. rowER. Mr.,sE'M (soi) 1€t-E,,l'NE r',1-.,szs '"",R:ttFIl??ES:trFffHi^fi.?l3I,El'i;?;o-lszz.
  • 11. with any other person or entity, in the party's name as trustee or guardian for any other person or in sorneoneelse'snarne on the party's behe,If: Attached are the follotaing: A, Bank of Auerica Visa *567I (Tuny G. and Linda Bollea) IWay through luly of 2007 Thts accounthas notheen used slnceluty of 2OA7, B, American ExVress Platinwn Card *62002 (Linila Bollea, 14 Entertainment) 8/27n7 and9l27/X7 C, Amnican Express Platinum Card "6300 (Linila Bollea, 14 Entertainmmt) andl1,/27/T7 ru/26n7 { ' D, " naite of Amefica Platinum Visa Business Card *8977 (.1.-4 Entertainment) 9/76/07 through 71/26/07 .E. Americnn F*press Business Platinum Card "3t1001(Linda Ballea, Brc o keStar P ro ducti ons,LL C) 9/28n7 throughlWsl07 F. Bank of.AmericaVisaBusifless Card 26A(Brookestar.Prodactions, LLC) 7/fr9/O7 This cardhas notbeen usedluly 2N7 C. AmericanHtptess PlatinumVisaBusiness Card *0i1009 (.l,indaBollea Holy , Shift Proiluctions, LLC) gtgt0z throughTlluvT7 H. Bank of Amcrtca Platinum Visa Business Card t?.646 (HoIy Shift Ptoductions, LLC) 70tOV0zthtoughlWgnT L ResidentialLease Agreement betuteenPetq G- Allen (Iandlord) and Linda Bollea dated 6/2W7 14. a. All twiften p:emarital or marital agreementserrtered into at any time betrrue.e.n parties to this marriage, wheiher before or during the marriage: the Not applicable, b. IJ this is a modification proceeding, all written and agreements cntered into between the parties at any time since the order to be modified was ent€red. LA^/ OFFICES f}F EAFIEANCO & KIROHCR. F.A. r;ulTE r.ron. MUSEUM TowER, ,r60wEsr FL^qILER STREET, MrAMr, FLORTDA 3313O.1627, TELEPHONE (3n5) 371-t575
  • 12. Not aplicable. 15. All documentsand tangible evidencesupporting any clalrn you rnay have to a special equity or non-marital status of an ass€tor debt for the time period from the date of acquisition of the as,set debt to the date of production or.f,romthe date of marriage if or based on premarital acquisition. Documantsrelateil to claims of specialequitg or non-mdfital stdttts will be proiluceil when located and,apon additi.onal iliscovery, r 16. Anycourtorders directing a par.$'tc pay orreceive spousal or child support: NotApplicable, 17. Other documents produeed herewith: A listof adilitional doatmcn$producedbyLanis, Bitch & Ricarilo, P-A..is attsched ns Exhibit "A" along with all cortesponding doatmmts thseto. CERTIEICATE OF SERVICE I HERETY CERTIFYthat a true and correct copy of the foregorng has been furni.shed by facsimile and Federal Express to Ann Loughridge Kett, Esq., 425 South Garden Avenue, Cleatwater, Florida 33756 this SIday of January,2008. Counsel for Petitione{/Wife Co.Counsel f or Petitioner/Wif e O. Stephen Thacker, Esq, Barrarrco& Kirchet, F.A. Thacker & Smitherman Suite 1400, Museum Tower 40i'South Ewing Avenue 150 West Flagler Street Qearwater, Florida 937% Miami, Florida 33130-1783 Tel:72744ffi525 I-AW OFFICES OF BARRANCO & KIRCI'IER. P.A. SI)ITE 1doo. MU-cEUM IOWER. 50 WEFT FLAGLER STFEFT. MIAMI, FLORIDA 33.t3O.1527, TELEFHONE (3O5) 37J-8575
  • 13. BOLLEA v. BOLLEA ADDITI ONALJDOCUMENTSPRODUgED BY WIFE (By Lewls,Birch & Ricardo,P.A,,on ll/2t107 l. Policies,Linda andTerryBollea A,utoInsurance rPro8IessiveDirectPolicy-on22001Merccdcs.BenzCI600CP . ProgrcssiveDirect Policy *{!fln 2005DodgeRarr Srt-l0 CW r ProgrcssiveDirectPolicynln 1957Chevrolet ClasslS r ProgxessiveDirectP o1icy ilt 2 0 0 6 V ip e rS rt . 1 0 CP " r stateFarmInsuralcePolicy 'G 2. ltrIellsFargoInsuranceServicesPolicy LindaandTemyBollea,on 2006SeaDoo RXT - ll'ells FargoInsuranceServicas Policy ilff"rry and Linda Bollea,on 2005Yarnaha lfilSOAP ZUMA 4. HomeownerPolicies Pmsonal r Schedule Policies of r Declarations CompanyPolicy Sr;pqmary AmericanAutomobileInsurance of DEclarations Summaryof AmericanAutornobile CompanyPolicy Insurance -- Declaration Pageof CitizerrsProper.ty Inzurauce Polioy Corporation,'Wind rtD . Declaration Page of Fidelity National InsuranceCompany, Flood Policyf 5. Holy Shift Produgtions, LLC Insurance . Commef,cial Insurance Summary r Commercial Package Policy Declarations Page 6. Ccndominium Unit Purohase SaleAgreement PalmsPlacg Las Vegas, and for lrl/" Joint 7. Linda M. BolleaRevocableTrust Agreerrnent 8- I.inda BolleaU,S. Gift Tax Retums(Form709)for 1998through2002 I. Will of LindaBollea Larst r0. Ho,lyShift Productions r 2Cr06 Fonn 11205Falance Sheet ' Articlesof Organization Florida LirnitedLiability Company for Pags I
  • 14. BOLLEAv. BOLLEA (By Lewls,Birch & Ricardo,P.A.,on l.2lTt.l07) lt. a.rBolleaIrrevocable Trustdatedl2l13/01 Gift 12. estarProductions, LLC Form 1120S Balance Sheet es Orgarrization forFlgrida Limiied Liability Cornpany 'r , :tEq BolleaIrevocableGift Trust dated12l13/01 .:. tf Page2
  • 15. IN THE CIRCUITCOURT OF THE SIXTH ]UDICIAL CIRCUITIN AND FOR PINELLAS COUNTYFLORIDA INIRE:THE MARRIAGEOF; FAMILY LAW DIVISION UNDA MARIEBOLLEA, "CASENO.:07-DR-013355-FD-14 Petitioner/Wifer arrd d* #- r'RRYGENEBoLLEA, *a-f1 T''/,n'' -ZW I ---1**i f'':'$ '"'{ ?ql pETmoNER/wrFELrNDAr'rARrE BoLLEA',s ? -"$,; ' TO COMPEL OUTSTANpTNG pJSCOVERY l'he Petitioner/Wife LINDA MARIE BOLLEA file.s this her Motion to Compel Outstanding Discovety and as grounds therefore statesas foliows: 1. servedRespondentwithStandard Family OnDecember 1'J,,2007,Petitiorrer Lilw Interrogatories. Respondent'sAnswerstoStandard Family Lawlnterrogatoricswere d'ue on or before January 1.0,2008. 2. On December lJ., 2007,Petitioner served Respondent with the First Set of Expert Witness Lrterrogatories. Respondent's Answers to Standard Family [,aw Interrogatorics were due on or before Jarruary 10, 2008. 2. On December 1'!",2D8,Petitioner served Respondent with thc'First Request ftx Production. Respondent'sResponsesto thc First Requestfor Production were due on or before lanuary 10, 2008. 3, To datc, Respondent has not answered either tlre Standard Family l-aw Ilnterrogatories n,or the First Set o,f Expert Witness Interrogatories propounded by F'etitioner. 4. To date,Respondenthas not produced any docurnents responsive to the First Ilequest for Production propounded by the Petitioner. SUTTE 14Oo. MUSEUM TC'WER. l50 weFT FL..IGLEFT STREET. MlAMt, FL()RTDA 33r3O.1527, TEl. EFH(,)NE (3O5) 371.6575
  • 16. The period of tirne which Respondent had to serve timely an$wers has ex;rired, arrd ho has not requestedan extension. 6. Respondgrt ha-smade no-gffo{t whatsoever regarding compliance with mandatory disclosure. 7. Petitioner's attorney has trred to amicably resolve the issues raised by this rnatter and has been unable to do so. Petitioner has inctured attorrrey'sfeeg,costsand suit monies in brin.gingthis motion, which was occasioned Respondent's by failure to comply with discovery. Pelitioner'sattorney'sfeesand costs incurredin thepreparationof thismotion andfor arry hearingrelatedheretoshould be assessed against Respondent. WIIEREFORE, Petitionet/Wife UNDA MARIE BOLTEAnrovesthis Honorable Court to enteran order: A. Granting Petitioner/Wife Linda Marie Bollea's Motion to Compel B. Ordering Respondent to serve his answers to Standard Family Law C. Ordering Respondentto servehis answer'eto the First Set of Expert Witne.ss Interrogatories; D. Ordering Respondent to comply with rnandatory disclosure. E. Ordering Respondentto servelus response to FirstRequest for Production; F. Awarding Petitioner attorney's fees, costs and suit monies incurred in the preparation of this motion and for any hearing related hereto; alrd/or G. Granting such other relief as this Court deems just and proper, gERTIFICATE OF SERYICE I I-IEREBYCERTIFYthat a hrueand correct copy of the foregoing hasbeen furnishcd by facsimile and U.S. Mbil to Ann Loughridge Kerr, Esq., 425 Solrttr Garden Avenue, Clearwater,Florida 33756 this 176 day of January,2008. LAw OFFTQF-9 ara*&""O Or a KrRcr{ER, P.A. s;UITE 14OO. MUSELTMT9WHR, l5Q wEST F|.AOI-ER MlAMt, FLc)RIDrcS314O.1527, (3O$)A7r-457$ TELET5HONE -calREET.
  • 17. Co-Coqtrsel f or Eetjti-orrerlAlif e Stephen Thacker, Esq. Barranco & Kirdrer, P.A. ker & Smitherman Suite 1400,Museurn Tower Soutl Ewing Avenue 150 West Flagler gtreet ; Florida 33756 Ivliami, Florida 33130-1 783 :727446-4525 LAw oFFrcES or errndar,rerr 4 KTReHER, P.A. ,,4oO.MUEEUM TowER. .160WEST FLAeLEfq STREET, MlAMl. FLolllrtA 3g't3O.1527,TELEFH()NE (sOSt 371-AS7!i
  • 18. TNTIIE CIRCI.IITCOURTOF THE SIXTH JUDICIALCIRCUITIN AND FOR PINELLASCOUNTY FLORIDA IN RE:THE IVIARRIAGE OF: FAMILY LAW DIVISION LINDA MARIE BOLLEA, CASENo.: 07-DR-013355-FD-14 Petiticner, r' , iH* 1., F :t and ,lri; , r, ):2 ... i' -,1 ,,..1-fl t':-'. , f) :iir i= TERRYGENE BOLLEA, 1i,.t:.1. cel i'. ht iilt,' r ', r .rcl Li..li =: fl YL/ ii''' i:,,. + :i ::. c) H-l ;i FETITIONEIVWIFES EI,IERSENCY MOTIOI FOR ! .! IElvIpoRARy TNIUNSIT9N wTrrr NoTIgF Petitioner/Wife, LINDA MARIE BOLLEA,herebyfiles this EmergencyMotion for Terrnporary Injunctionwith Notice and in supportthereofstates: 1. The Wife hasfiled a Petition for Dissolutionof Marriage. 2. During the course of the marriag+ Husband took marital assetsand placerl them in certain corporationsand tn:sts to wit: a. Terry BolleaTrueU b. Terry GeneBolleaTrust UADt0/2'i,/98; c. Terry GeneBolleaRevocable Trwt; d. 14 Entertainment,LLCi e. TGB Family Ltd. Partnership;and f. TGBHoldings,LLC. 3. Husband and Witrewere co-kusteesof certain trusts and owners of certain corporations. Said trusts and corporationscorrtainedmarital a$setsacquird through the r:ontribufions and efforts of the parties during the course of the rnarriage.
  • 19. Immediately prior to the divorce filing, b-othparties had to consent to the withdrawal of funds from the tnrst accounts and other accourrtc Morgan Stanley. at 4- A marital residence in Florida was sold on er about August 2007. It is believed that the Parties received approximately $10 million as a result of that sale. Said funds wer:e placed at Morgan Stanley in vadous aceounts of the parties, and specifically in the Huriband's trust accounts, 5. In or around September 20A7,the Husband introduced the Wife to Tampa attomey Les Barnett, E q. At that tr.rne,the Husband represented to the Wife that Mr. Bame rnrould represent thcm jointly regarding estate planning. However, unbeknovrnst to the Wif.e the Husband had actually worked with Mr. Barnett to draft a post-nuptial agreement on behalf of the Husband. 6. Relying on the Husband's representationq, the Wife accompanied the Husband to meet with Mr. Barnett. During thiB meetirr& the parties engagcd irr confidentr,aldiscussions with Mr. Bamett regarding the parties' assetsand Iegal issues. At some ,point in his presentation on estate planning, Mr. Bamett began to discu*q a post-nuptia I agreernent. 7. Husband's intentionally false representations to the Wife regarding Mr. Barnett were made with the sole intent to induce in the Wife a false senseof security with Mr. Barnett so that she would share confidential inforrnation with him, and ultimatell' sign a post-nuptial agreement. The Wife relied on the Husband's representations. 8. Over the past months, lvlr. Barnett conhnued to represent the Husband regarding the post-nuptial agreemmt, and other mettere to the detriment of the Wife. 9. Due to her reliance on the Husband's false representations, the Wife revealed t:oher Husband and his attorney/ Mr. Barnett, confidential information which rnay now be used to the Wife's detriment in the partiesrdivorce proceedings.
  • 20. 10. The Wife's relianceorr her Husband'srepreserrtatioru justifiable due was to their :rnaritalrelationship. Until-$e meetingwith Mr. Barnqtt, pnrtie*had never Jhe discussed pos!-nuptial agreement! a ! 11. As a result of these"legal shenanigarrs," Wife soughtcounseland filed for divorce. It is beiieved that l"es Barnettsubsequently refened Husband to Ann Kerr, Esq.to ropfee€ilthim in this matter. l!2. Due to Husband'ssuspiciousbehaviorlate last year, Wife rcmoved $1.5 million lrom the partiesaccount.Thosefunds are intact and no monieshave beenspent transfer. from thart 13. In December2W counselfor the Wife, MarianneKircher, had a telephone call with Ann Kerr, counselfor Husband. Ms. Kerr professedthat Husband would account for all monies he was receiving as income arrd all monies he may have spent. Ms. Kerr stated that Husbandhad temoved the moniesfrom th.etrust accounts. Ms. Kerr pledged to get all Morgan Stanley account statementsrieht awav to Wife's lawyers. Ms. Kerr agreed to return all monies which had been removed by the HusbanrL irrto the trust accounts and reguire the signature of both parties for withdra'wa! of any monies. Ms. Kerr promised that upon her return from vacation on January 6,2m8, all monies would be restored into the trusts. 7']. On or about December 17; 2007 Wife's attomey's received a documerrt f-tom lxrs Barnett's office signed by ttre Hu-eband {allegedly on October 30, Z00Z} purportr:dly removing the Wife as co-trustee of the Terry Gene Bollea Trust of October 2'I',7998. Said document has never been presented to or served upon the Wife (see attachedExhibit'A'). llt. On or about January, 2008 co-counsel to wift, O. Stephen Thacker, had a lengthy conversation with Ms. Kerr regardirrg the issues. Mr. Thacker demanded that the tranrlferred monies be retumed. A draft proposed Stipulation was discussed anct preparecl in accordarrcewith their telephone conference (seeattached Exhibit "D"), IyIIt
  • 21. Thackerwas later inforrned by Ms. Kerr that not only had the monies been previously removed by the Husband but the monies had beerrplaced in various LLCs beyond the reach of the Husband or Wife as a third party general parbrer had control of the funds. Wife's counsel was provided with copies of the LLCs purporhedly drafted by l,es Barnett, l3squire. Mr. Thacker was informed that these monies were beyond the reach of Husband arrd could not be retu.med as Eric Bishoff, had complele control of these monies. 'Thesemonies constifute marital assetssubiectto equitable distribution and the Wife never consented or had prior knowledge of fransfer of same to the conhol of a third pereon. The Wife believes Eric Bishoff to be totally loyal and obedient to the Husband's demands as they were previously associatedin the wrestling indusbry and have had other businessdealings. 16. rs Wife is higNy skeptical of Husband's motives rn this "alleged estate planning", Wife again asked that'the monies be returned (seeattached Exhibit "C") and gave a deadline of Tuesday, January 22,2OOB 5:00p.m. at 17. The Flusband has not provided the Wife witlr en,accounting of all monies removed, or records reflectilrg sajd trarrsfers. The Husband has not accounted to the Wife, no:r does he give the Wife arry control over these proceeds. Under suspicious excuses, Husband and his lawyer have refused to comply with Mandatory Disdosure; have refirsed to comply with Standard Family Law Interrogatbries; refused to comply with the First Request for Production; and rcfused to answer Interrogatories. The Husbandl and his lawyer precluded Lewis, Birch & Ricardo, LLC from turning over any documsrts to Wife's account until lan-qgryJ7r 2008!! 181. On Ianuary 17. 2898 Husband's counsel disclosed the names of three (3) corporations frorn the Husband which "allegedly" contained the transferred funds as Iollows:'IGB Production,Inc., TGB Managemerrt,fnc., TGB Farnily Limited Partnership II, arrd a corporation to be formed which was TGB Transportation LLC. Onlanuary 22, 2008, .fol the first timq. Wi.fe's counsel received Morgan Stanley $tatements which
  • 22. apparently show that ru-mon@ frorn the trust account!! In an abundanee of caution, WiIe needs this Court to enjoin Husband, individually, as an employee,,director or officer of any of the Bollea-related corporations or as tnrstee or beneficiary of arry of the family trusts from transferring monies to the corporations or any other ontities. There has been complete lack of candor on the Husband's side of this case. 19. The Wife has an interest in these proceeds as a marital asset and. any . dishibutions sincethey were derived of the marital assets. subseque:nt 20. The Wife fears that unless the Husband is enioined in any matter from further d:issipating, secreting or otherwise disposing of the proceeds from the sale of this l'toustl,the Husband ^rill continue to spend in secretthe proceeds received from the aforesaid amounts together with any subsequent payrnent therern. 21".' The assets constitute a substantial portion of the parties marital assets. Thus, no irdequate remedy at law exists if the money is dissipated. 22. The Wife believes that unless a temporary injurrction is__Sltere4 irreparable harm will come to her by virtue of said assets buirg disposed oI by the Husband before final hearing. Furthermore, the Husban.d, should immediately be compellerl to disclose all assetsand the location where the proceeds have been placed together'with any and all information pertaining to those proceed.s. The Husband and I-es Barnett should be ordered to immediate depositiorul to fully explain the disposihlon of the funds removed from the trusb the present whereabouts of the trust funds; production of all documents zurrounding the transfers of these funds; and why these fu.nds carulet be returrred as requested by the Wife to the title sta,tus as of the date of filing. 23, The Wife has been required to retain counsel to represent her and has agreed to pay a reasonable fee.
  • 23. WHEREFORE, the Petitioner/Wife, LINDA MARIE BOLLEA, respecdully ret a. Takeiurisdictionof the partiesin the subject matterof this action; .b. Enter a ternporaryinjunction prohibiting the Husband f.rom dissipating secreting or othen'vise disposing the proceeds.from the sale of the marital f"rid"r,* o, the partiies' assets,df the trust funds of the parties without Wife's consent and with exception of payment of any normal reasorrable living experurcs of both parties, until such time as the same can be accounted for and distributed at the finat hearing of this cause; c. Order Morgan Stanley to freeze all monies heid or controlled by the Flusbancl, his trust or his corporations or any account in which the Husband has signatory authority; d. Ir4organStanley be precluded from transferring funds from Bollea Trusts and/ or Bollea.corporatiorrs without further order from the Court or agreement of the parties; e. Order depositions of the Husband and Les Barnett, order answers to interrogatories ancl order responses to request for- production from the Husband forthwith; f. Order Husband to give a release to Lewls, Birch and Ricardo, LLC to tuffi over all documents from inception of marriage to Wife's attorneys; g. Order Husband to account for all monies removed and present whereaboutsof said.[unds;and/or h. Requir.e the.Husband to cause all such funds which may have been tra.rrsferred be returned to the title stahrs as of the date of filing. i. Grant any other further relief that this Court may deem just and Proper.
  • 24. gET(TIFICATE SERVICE OF I FIEREBY CERTIFY a trr:eandcorrect that copyof theforegoinghasbeenfumished by facsimileand U.S.Mail to Ann Loughridge Kerr, Esq.,425 SouthGardenAverrue, Clearwater,Florida 33756this 23'oday of January,2008. Cou neel f ot Petitionerf,Vif e Co-Counsel f or PetitionerlrVif e O. Stephen Thacker, Esq. Barranco & Kircher. P.A. Thacker & Smithennart Suite 1400,Museum Towet 407 South Ewing Avenue 150 West Flagler Sueet Clearwater, Florida 33756 Miami, Florida 33130-1783 TeI:7T744ffi5ffi Tel:305-371 r LAW OFFTCES OF BAF:FIANCO TTKIFiC}IER, P.A. (3O5) f,71^t!575 sutTE 1roo, MuSE|JM TOWER, r50 VVEST FLAGLER STREET, MtAMr, FLORTDA 33130-1s27, TELEPHONE
  • 25. .L'at / znor 1l , tu t"a,t Lt Boor 10-30*'0? 1.4105 ?02-9{I?-EAZI F-gffi t-46e F0a?/0s2 REilfiUtrAt ASSu.TRIISTEq TO:LtrNDA BOXLEA lvl" wilb ftE provitiotr!of pragreh (b) sf SEcdoD of PartItr of thfit clihin Iu emodanne 3 TERR'f OENEBOIJEA TRUSI, dEbdOrfrobn?1, 199E. nncded (th'Tnrf} EB rwtica is hoebypovided to )mussa Co.Thrrtr sfflra thut tLrapu xr hcrrty reuuwcd Gthrilce a$ sf ? aE tlrTnn* surbthltlwin sEf,rE soloTtnrboofsnidTluuqeffectiwfomod*cfu, WIINESSBIIT nWr'@ rl"=$gplg rcbowlldgldbcfqEEG 6?''dN **&Jaa, ry -$ct=ffi 'a4fgg1la1 sryc;trt hebtsroad Srteoin& andn effii 2007,hyTFIRY GEGIBBOLJS/{ w},lo {rs houlnn trtev @, ihzUa, t-t tdfofur-^_ ls idffipdon. NgJAftTPT'BI,[C: sisn kid dl.ecSe(SaI) rrs: - if --9o d{E -/ lvllt0ffimhdffiEryilcfi at f, a1 a.2r0 FfAG['RAITiff r*.tatrldtkHra+l|le f.lu. TF.td0ft-l f,tsF-rF.Ori.3t EXHIB'T A- L0130/2O07llB 17:11 tTl-/tf, N0
  • 26. IN THE CIRCUITCOLIRTOF THE,qIXTH .IUDICIAL CIRCUIT IN AND FOR PINELLASCOTINTYFLORIDA IN RH:TTTE MARRIAGEOF: FAMIT,YI,AW DIVIS]ON I,INDA MARIE i3OLLEA, CASENO.:07-DR-0 4 I 3355-FD-l Petitioner, and TERRYGENEBOLLEA, Raspondent' STTPULATION FOR RETURN OF'MAIlJTldJr.pROpERTy, EXCLUSTIE pSErOF The Petitioner/Wife,LINDA MARIE BOLLEA ("Wife"). and the Respondent/l{usband, TERRY GENEBOIIEA ("Husband')herebystipulate agrccas follows: and 1. All marital funds shall be held and titled in the samemanner aud accountsin which they were held as of the date of fiIing of this Dissolutionof Marriogeaction, exocpt as provided in Parapaph 4 below. Each pffi shall, within ten (10) days from the datc of this Stipulation,cause fi:ndsto be re+itled in the configuration which they werehcld at flre time all in of filing, exceptas provided below. Thereafter, nroneyfrom these marital funds shall be no withdrawn or transfenedvdthout the joint signature both parties. exaept a$ to the monies of rtcaived aspartialequitable di"stribution. 2. Neither party shall sell, transfcr,secrete, dispose,or hypothecateany dissipate" either directly or indirectly, themselvcs tlrroughcorporateentities they may control. a.sset. or provided. exceptasotherwise E(HIBIT tr
  • 27. 3. Mr, Bollea shall, within twenty (20) claysfrom tlrs -deteaf Lhis .Sdipuleti+n, providc an accountingof all moniesftom thc Tcrry GeneBollea Trust accountsat Morgan StanleywhereinMrs. Bollea was a co-firstee,accounts lrzlr.Bollea's individual name,and in ,. heldjointly by Mr. Bolleaandanyotherindividual. accounts 4. Mrs. Bollea shall retain the surn of onc million dollars as a partial equitable from thc 1.4million dollarssheplacedin an accountjn her namc. 'fhe distributionof pr.operty remainingsum of approxirnately held by Mrs. Bollea shall be retumedto an account $400,000 titled in thesamenamewherethemoniesweretitled on the dateof filing. Of the monies Mr" Bollea previouslytansferrcd, Mr. Bollea shall retur.nail but one million dollarsto the Morgan Stanleyaocouutending +9071,held by Terry Gcne Bollea'Inrst dated l0/21l98. The fi:nds held in said accou:ttwill requirethe joint signatureof the parties. Mr. Follea shallreceivethis onemillion dollarsasa partialequitabte distribution, 5. Mr. Bollea shall deposit of his eamings all into aioint MorganStarrleyaceount, or any joint accouttt agreed upon by the parties. The parties intend to act in good faith and consistefltwith tbe practicesduring the marriageto pay usual and customaryliving expenses joint accounts. ftorn thesc 6, Mrs. Bollea will havcexcfusive andpossession the marital ho.me herself use of lbr and the childrerr duringthe pendency theseproceedings. of Mr. Bollea will not enterthe madtal residence any Pulpose. Arangernentswill be madefor tbe rcmova-I for Mr. Bollea's vehiclcs from the prernises the marital homeby a tbird party. of 7. Mr. Bollea will have exclusiveu.ceand possession the beach residenceon of rvenuedudrg the ^endeney +hesspr+c*,li',gc Eldomelo ef
  • 28. B. RecordProduction.Eachparty shall,within ten ().0) daysfrom the date hereof,, Exitibit "A" directedto Lewis, Biroh executea written authorization the form of the attached in apd fucardo, CPAs, andall its employees, release counsel eachpartyupon demandany to to for drafu of proposed exhibits,schedules, and all reco::ds,financial documents, exhibits, ba*ing rccords, checlcbookrecords,checlcregistersand computetgenerated which are or documents have been in the possession Lewis,Birch and Ricsrdoor which comeinto tha possession of of Lewis, Birch and Ricardoat axytime duringthe pendency this case. of g. Each party agreesthat they shall, within ten (10) days, execute a written authorization clirecting Terry McCoy, financial advisor, to releasear|ly and all financial and inve.stment information conceming the parties,or either of therr, and all of their bu.siness and all account information. Eaoh party a$ees that all records of Lewis, Birch and Ricardo be promptly reoordsof Tery McCoy and the brokemgehousewhere he is employedshall party shall, fumished to cognselfor the otherparly throughouttheseproceedings' Further, each documents to any as withirr ten (10) days,fumish the otherparty with all financialandbusiness LLC's and partnerships Or sheowns or haSowned, rn anclall businessentities,corporatiOns, he whole or in part in thelast five (5) yetrr$' 10. Eachparty shall hgvean extension time to oomplywith mandatorydisclosure of thc date of this and the filing of FinanoialAffidEvits. Eachpatty shall have thirtv 1fO; daysfrom disclosure FinanoialAffrdavils' and frle their rcspeotive Stipulationto comply with mandatory temporuy relief on an This shall not Preventeither party from seekiug additional or different urgsnt or ernergency basis and, if sucfurelief is requested, the parties shall frle Financial Afrrdavits fotthwith.
  • 29. I l. The Husbandshall,within five (5) days,deliverto his counsel gun(s)and gun his certificateand coun.telshall confinn in writing that this hasbeenaccomplished.J?reseitems coun.qel furtherorderof Courtor agreement the parties. shallremainwith the Husband's until of 12. Thc recordsto be produced hereinshall includeall personal joint bank accounts, bankaccountswith third parties,a1linvestrnent accounts all aocount$ any corporations and of or venture$in which the partieshavebeenor af,sinvolved. The partiesagreethat cach business shall.within ten (10) daysfrom t}e datehereof,firnish counselfor the otherparty any and all estateplanning documcntsand trust documenewhich have beerrexecuted the parJies.or, by either of thenr, at aaytime in the lastfivc (5) ycars. 13. The partiesagreethatupon executionof this Stipulationby eachparty, cotmscl for either party shall submit an Orderto the .Corutin the fotm of the attachedExhibit "C" approving the terms of this Stipulation. The parties firrther agree that the Ordet may be subminedto thc Court and that the original Stipulatiouheld at ttris time by counsel for the parties. The partiesagreeto be bormdby the Stipulationincorporated the Order approving into sameandeitherparty may, at his ot her option,file the original Stipulation. 1.4. The partiesfirrther agreethat this Stipulationis without prejudiccto the right of either party to seek additional or differenttemporaryrelief and temporaryattomey fees, suit moncy and costs in thi.s cause. Further, this Stipulation is without prejudice to the Court in allocaxion the fundsbeing disributed at this detenniningat a latcr dateor at trial the ultim.ate of time aspartial equitabledistribution Linda lvlarjeBollea Torry GeneBollea Wife Husband Dated: 2008 Dated: 2008
  • 30. , L AW OFFTC E S Banrmrrrco & IftncrrrR, P.A. A, J . bA RR A NC OT JF . SU T T E IT IO C }, M U SEU M T O W ER M A R ] A N NE L . K Ih CH E R 15O WEST FLASLER STHEET R AY M ONP J. R A F OOL M r aM r , F LO R T D A 33r 30.t 5e7 M EL I SS A A , A COS T A JEO R . F R IE DMA N roLL FR E E (A 68) 443'oo43 .lanuary 8, 2008 i TE LE P H oN E (3O5) 3? l .B E ?S FAcsrt{ ILE (3os) 37 t-?oe I T4 FACSIMIJ.E UF:MATL 4 Ann Loughridge Kem,Esq. 425 SoutltGarden Avenue C Floricla33? fearwater, 56 -Re.' Bollea v. Bollen Crce No,07-DR-0i3J s i-I?D-I4 Dear Ms. Kem; Iu therestof theStateof Floridait i.scommoncourtesy send to 4llopposingoounselcopics of corespondense pleadings.Yorrchose to do so.Please and not rcspect prcsence this case my in as co-colmsel the futule. in Please haveMt'.Bollearttur:t all thc moniesto thepreviousaccowrts Tuesday, by January 22, 20Q8,5:00p.m. (or put half of the amounttransfeued Mrs. Bollea's name) or cxpect in enrergency pleadings.All ta:resand legal expenses associatcdwith the Bamett-advisedtransfer therewith shallbethe soleresponsibility Mr. Bollea. of I hopetbatby now SteveThacker leamednot to trustyou or anytltingthat you say. has AJB{iwc cc: LindeBollea O. Stephen Tlrncke,r HffiIEIT o
  • 31. Law Oflices THACKER & SMITHERMAN, P'A. ,tO?South EwfutgAvenue Clearwatcr,Florida 33756 Q27) ta-s525 Fax (721) 47-8388 January 2008 23, Joannc Gclanida O. StePhcn ttraekerf Ccflifi.d LcBdAs6iBront David B. Smithcman Jolrns- lhackcr tFt*iunffiotcat'6ed Mrtihl nnd FsnilY Lnw VIA HAND DELIVERY JAN ?000 23 HonorsbleGeorgeW. Greer w...GEliE cEoRGE JUqgE -Criltu'r Circuit Court Judge PiuellasCormtyCourthouse 315CourtStr,eet Clearwater,FL33756 Re: Bollea and Bollea Case No. 07-01 3355-FD-14 DearJudgeGreer: Enclosedplease find the Wife's EmergencyMotion for TemporaryInjuuction WithNotice which speaks itself, for The only time in the next ten days ldr. Barranco or I will not be available is January 2008. Tuesday, 29, I respectfuLlyrequestthat yoru Judicial Assistant advise as to whether you will grsnt a hearingtimc on this emergency matter. Thaflk you fot your time andettention. Respectfirll] ]ours; ,W7/.'/A O- $tephen'ltracker oSTfe Enclosure cc: Ann L. Kerr, Esq. (via handdelivery) A..I. Barranoo,Esq.
  • 32. IN T}IE CIRCI.IITCOURTOF NlE SIXTH IUDICIAL CIRCUTT AND FOR IN PINELLASCOUNTY FLORIDA IN RE:TT{EMARRIAGEOF: FAMILY LAW DIVISION LINDA MARIE BOLLEA, CASENO,: 07-DR-0139S5-FD-14 Petitioner, and * ." TERRYiiilIE BOLLEA, Respondent. Petitioner/wife, LINDA I{ARIE BOLLEA, heteby files this Emergenry Motion for TernporaryInjunction with Notice and in support thereofstates: 1. Thewife hasfiled a petition for Dissolutionof Marriage. 2. During the course of the ma.rriage,Flusband took marital assetsand placed themin certaincorporatiorrs tnrststo wit: and a. T.ny BolleaTrust; b. Terry Gene'Eollea Trust UADI}/ZI/98; c. Terry GeneBolleaRerrocable Trusg d. I-4 EntertainmengLLC; e, TGB Family Ltd.parkrership;and f. TGB Hotdings, LLC. 3. Husband and Wife were co-tnrstees certain trusts and owners of certain of eorporations. Said trusts and corporations contained marital assetqacquired ttuough the conkibutions arrd efforts of the parties during the course of the marriage.
  • 33. Imrnediately prior to the divorce filing, both parties had to consent to the withdrawal of furrds from the trust accountsand other accglr.nts Morgan $tanley. at 4. A marital residence in Florida was sold on or about August 2007. It is believed that the parties received approximately $10 urillion as a result of that sale. Said finds were placed at Morgan Stanley in various accounts of the parties, and specificalty in the Husband's trust accounts. 5. In or around Septembet 2W7, the Husband introduced the Wife to Tampa attorney Les Barnett, Esq. At that time, the Husband represented to the Wife that Mr. Barnett would represent them jointly regarding estate plaruring. However, unbeknownst to the Wife, the Husband had actually worked with h/h. Barnett to draft a post-nuptial agreement on behalf of the Husband. 6. Relying on the Husband's reprcsentatiorrs, the Wife accompanied the Husband to meet with Mr. Barnett. During this meetinp the parties engaged in confidenHal discussions with Mr. Barnett regarding the partiesr assetsand legal issues. At some point in his preeentation on estate planning Mr. Barnett began to discuss a post-nuptial agreement. 7. Husbandts intentionally false representations to the Wife regatding Mr. Barnett were made with the sole intent to induce in the Wife a false sense of seorrity with Mr. Bamett so that she would share conlidential inJormation with hirn, and ultimately sigrr a post-nuptial agreement. The Wife relied on the Husband's representations. 8. Over the pa$t months, Mr. Barnett continued to represent ttre Hu-sband regarding the post-nuptial agreement, and other matters to the deEiment of the Wife. 9. Due to her reliance orr the Husband's false repre$entations, the Wife revealed to her Husba-nd ald his attorney, Mr. Barnett, confidential infonnation which may now be used to the WiJe's detriment in the parties' divorce proceedings.
  • 34. 10. The Wife's reliance ort her Husband's representationswa$ justiliable due to their marital relationship. Until the meetinF with Mr. Bamel!, t]re parJies had never disgBssed post:Iruptial agreement! a ! 11- As a result of these"legal shenanigans,'Wife soughtcounseland filed for divorce. It is believed that lcs Barnettsubsequently referredHusband to Ann Ken, Esq,t'orepresenthim in this matter. t' 72. Due to Husband'ssuspicious behaviorlate last year, Wife removed g1-5 million from the partiesaccount.Thosefunds are intact and no monieshave beensperit from ttnt transfer. 13. fn O"cemb er2007counsel the Wrfe, MarianneKircher, had a telephone for call with Ann Ken, courwelfor Husband. Ms. Kerr professedthat Husband would. accountfor all monies he was teceivingas incomeand all monieshe may have spsn1. Ms. Kerr stated that Husband had removedthe moniesfrom the trust accounts, Ms. Kerr pledged to get all Motgan Stanley account statementsriFht gwey to Wife's lawyens. Ms. Kerr agreed to return all monies which had been removed by the Husband into the trust accounb and require the signafure of both parties for withdrawal of any monieg. lvls. Kerr promised that upon her return from vacation on January6,20W,all monieswould be restoredinto the trusts. M. On or about Decerrrber 77,2ffi7 Wife's attomey's receiveda document from Les Barnett's office signed by the Husband (allegedly on October 30, ?-W7) purportedly rernoving the Wile as co-trusteeof the Terr!' GeneBollea Trust of October 27, L998. Said document has never been presentedto or served upon the Wife (see aftached Exhibit " Au)'. 15. Orr or about Januaryr 2008 co-cou'nselto Wi.fe. O. Stephen Thacker, had a lengthy conversation rnrith Ms. Kerr regardirrg the issues. Mr. Thacker demanded that the transferred rnonies be rehrrned. A draft proposed Stipulation was discussed and prepared in accordance with their telephone conference (seeattached Exhibit "8"). Mr.
  • 35. ?hacker was later informed by Ms. Kerr that not only had the nroniesbeenprw.iously removed by the Husbandbut the monieshad beenplacedin variousLLCs beyondthe reach of the Husband or Wife as a third party generalparhrer had control of the funds. Wife's counsel was provided with copies of the LI-Cs purportedly drafted by Les Barnett,Erquire. Mr. Thackerwas informed tlnt thesemorrieswere beyond the reach of Husband and could not be returned as Eric Bishoff, had complete control of these monies. Thesemonies constitute marital assebsubjectto equitabledishibution and the Wife never consentedor had prior knowledge of transfer of same to the conkol of a tldrd person- The Wife believes Eric Bishoff to be totally toyal and obedient to the Husband's demands as they were previously associated the wrestling industry and in have had other business dealings. 1,6. As Wife is highly skepticalof Husband'smotive$ in this "alleged estate planning", Wife again asked that the moniesbe returned (seeattachedExhibit'C") and gavea deadlineof Tuesday, January?2"mB at 5:00p.m. 77, The Husband has not provided the wife with an accountingof all monies remove4 or records reflecting said transfers. The Husband has not accountedto the Wife, nor does he give the Wife any control over these proceeds. Under suspicious excuses, Husbandand his lawyer haverefusedto comply with Mandatory Disclosure; have refused to eomply with Standard Family Law Interrogatories; refused to comply with the First Request fot Productioru and refused to answer Lnterrogatories. The I-Iusbandand his lawyer precluded Lewis, Birch & Ricardo,LLC from tur.ning over any documents Wife's accountuntil Tanrrar,Jr 2@8!! to 17, 18. 04 Ianuary L7-2008 Husband's counsel disclosed the names of ttuee (3) corporatiorw from the Husband which "allegedly" contained the transferred funds as TGB Family Limited Parhrership follows: TGBFroductiorr,Inc.,TGBMarugement,Inc., II, and a corporation to be formed which was TGBTransportation LLC. On lanuat.v22, 2008. for..the first:Sme, Wife's counsel received Morgan Stanley statementswhictt
  • 36. apparently show that no monies had been transferred from the tmst account!! In an abundance of caution, Wife neede this Court to enioirr Husband, individually, as an employee, director or officer of any of the Bollea-related corporations or as trustee or beneficiary of any of the family trusts from transferring monies,to thd corporations or any other enhties. There has been complete lack of candor on the Husband's side of this case. 19. The Wife has an interest in these proceeds as a marital asset and. any subsequentdistri6utione since they were d,erivedof the marital assets. 20, The Wife fears that unless the Husband is enjoined in any matter from further dissipating secreting or otherwise disposing of the proceeds from the sale of this house, the l-Iusband will corttinue to spend in secret the proceeds received frorn the aforesaid amounts together with any subsequent payment therein. 27. The assets constitute a substantial portion of the partien rnarital assets. Thus, no adequateremedy at law exists if the money is dissipated. 22. The Wife believes that unless a temporary injunction is entered, irreparable hatm will come to her by virtue of said aseets being disposed of by the Husband before final hearing. Furthermore, the Husband should immediately be compelled to disclose all assetsand the location where the proceeds have been placed together with any and all information pertaining to tho$e proceeds. The Husband and I,es Barnett should be ordered to immediate depositions to fully explain the dispoaition of the funds removed. from the trus$ the present whereabouts of the trust funds; production of all documents surrounding the transfers of these funds; and why these funds ca.nnot be retumed as requested by the Wrfe to the tifle staftrs as of the date of filing. 23. The Wife has been required to retain counsel to represent her and has agreed to pay a reasonablefee.
  • 37. WHEREFOF.E,the Petitioner/Wife, LINDA MARIE BOLLEA, respectfully that this Court: requests a. Takejurisdictionof the partiesin the su$ectmatterof this actiorr; b, Enter a temPoraryinjunction prohibiting the Husband from dissipating, secretingor otherwise disposing the proceedsfrom the saleof the marital residenceor the parties' assets,or the trust funds of the parties without Wife's consent and with exception of payment of any normal reasonableliving expenses both parties, until of such time as the samecan be accounted arrd distributed at the final hearing of this for cause; c. Order Morgan Starrleyto freeze all rnoniesheld or conkolled by the Husband, his trust or his corporations or any account in which the Husband has signatory authority; d. Morgan Stanleybe precludedfrom transferrirtgfurrds ftom BolleaTrusts and/or Eolleacorpora$onswithout further order frorn the Court or agreernent the of parties; e. Order depositions of the Husband and Les tsarnetg order answers to interrogatories and orde.r responsesto request lor production from the H.usband forthwith; f. Order Husband to give a releaseto Lewis, Birch and Ricardo,LLC to tum over all documentsfrom inception of marriageto Wi.fe'sattorneys; g. Order Husband to account for all monies removed and present whereaboutsof said frrnds; and/ ot h. Require the Husband to cauge all such funds which may have been transferredbe retrrrned to the title stahrsas of the date of filing. i. Grant any otherfurther relief that this Court may deernjust and Ptoper.
  • 38. _cERfqrcATE oF SERVICE I HEREBY CERTIFY that a hr,re correctcopy of theforegoinghasbeenfurnished and by facsimile and U.S. Mail to Arrn Loughridge I(eo, Esq.,425"Sou[hGarden Avenue, Clearwater, Florida 33756this 23dday of January,2fr)9. Counsel for PeHtioney'Ifife Co-Counsel fot PeHtioney'Wife O. Stephen Thacker, Esq. Barranco Kircher,P.A. & Thacker & Smitherman Suite14ffi, MuseumTower 407 9outh Ewing Avenue 150WestFlagler Street Clearwater, Florida 33756 Miarni. Florida 33130-1783 Tel:727446'0525 Tel:30F371 I.AW OFFICES OF BARRANCO & KIRCI.IER. F.A. surTE 14OO. MUSEUM TOWER. 16() WEST F|-.CGLER STREET, MrAMr. FLORTOA 3-1r3O.152.7, TELEPHONE (3O5) 37t-6575
  • 39. , , wrFF IJG .r TO:LINDAI{.BOLLEA ' 1- ' Iq ilaftdsne $ti& ftE ltt'ovldmr of pwegalt (b) of Scothn3 d PertItr 6ded cg1rgin 5- TERRYOENEBOLJ.EAfRUSf' dnhd OfrbFr 21, 1998, atrGodd (fu Tnrstl, nsrioa ac is bnreby povidedto )rouaga Co.lftuscusf tbEThrt rh lou rm breby lwovcd ar Gl[hdee of t thcTrust$tch&d I q/tnleftE et sofeTfurnp; nid lhr4 dbcttvo iwodarol* of WTTNESSESI YffiuM Ud Tlrcf"rr:gehgic*u6car unr aclcrmrlodgad lffirc racttlr 6?:dry :4vre+fufian zeuft W'.fmRY fJIII-IIEEOIJEA u&p *ytj41t 2007. DyTIIKRY GHNE'BOLI.EII saw.fir hr basrEad ftfcgodCg, anCtr ei@ peponffi ths boumto tue t iroducad ,fir#a.:Lt"4p reflaaqpz loo*rto meu p,odtrrd JL.-^t-. f-' Jd, r' s idm$f&fion NOT.{RYI{IBIIC; sign Print W oE Zlnh'&,*u Lurge (ScsD - t-f tr4vcsnmiiffiGrEh: --bod{g d VryComlrsio,Eryftes o.c t zz, a,ard t EYAG|NAINY tr,trihiblktilf clNl* Nr.99.ld0d$.1 trgolft re.Od. 17. L0/tolzooT TIIB 17:18 IwXI No
  • 40. IN THECIRCUIT COURT TiE SIXTH OT JUDICIALCIRCUIT AND FOR IN PINELLASCOLINTYFLORiDA iN RE;TI{EMARzuAGE OF: FAMILYLAW DIVISION LINDAMARLE BOLLE/! CASE NO.:07-DR-01 3355-FD-l 4 Petitioner, and TERRY GENE BOLLEA, Respondent STIPTJLATIONgqR RETURN Or'MARTTAL pROp,ERTy.EXCLUSIrE USE qI MARTTALJO,I4E B_EASH FoRNmR 4lr,p pART:rAr LrpME, EOUTT4BI.E DISTRMUTION AND TI,ORRELATED IVIATTERS The Petitioner/lVife, LINDA I4ARE BOLLEA ("Wife'), and the Respondent/Husband, TERRY GENE BOTLEA ('Tlusband") herebystipulateandagreeas follows: 1. All marital firnds shall bc hcld and titled in ttre safire manner and ascounls in which they were held as of the date of filing of this Dissolution of Marriage action, exccpt as 4 provided in Patagmph below. Each party shall, within tcn (10) days ftom the date of this all Stipulation,cause firndsto be re-titledin thecor:figuration which they werc held at the time in of filing, exceptas provided below. Thereafter, money frorn these marital funds shall be no withdrawn or transferredwithout the joint signatureof both parties, except as to the m.onies receivedaspartial equitabledistibution. 2. Neither parry shail seli, transfct, secpte, dissipate,dispose, or bypothecateany asset.either directly or indirectly, themselves through corporateentities they may control, or provided. exceptas othcrwise EXHIBIT E
  • 41. 3. Mr' Bollea shall, within.twenty (20) days froro the date of this Stipulation, providc an accountingof all moniesfrom the h.* GeneBollea Trust accountsat Morgan Stanleywherein $4rs.Boiiea was e co-trustee, accounts Mr. Bollea's individual name.nnd in heldjointly by Mr. Bolleaand anyothcrindividual. accounts 4. Mrs. Bollea shall retain thc sum of one million dollars as a partial cquitable distributionof propertyfrom the L4 million dollarssheplacedin an accountin her name, Thc rcmaining sum of approximately $400,000held by M,rs.Bollea shall be retumedto an account titlcd in the samenatnewherethemonicsweretitled on the dateof filing- Of the moniesMr. Bollea previouslytransferred, Mr. Bollea shall return all but one million dollarsto the Morgan Stanleyaccountending+9071,heldby Terry Gene Bollea Tr,ust daled 10f21./98.The frrndsheld in said accountwill requirethe joint signatureof the parties. Mr. Bollea shallreceivethis onemjllion dollarsasa partialequitable distr:ibution. 5. Mr. Bollea shalidcpositall of his eamings into a joint Morgan Stanleyaccoun! or any joint account agreed upon by the parties, Thc parties intcnd to act in good faith and consistentwith the practicesduring the marriageto pay usual and oustomaryliving expeu.ses ftom thesejoint accounts. 6. Mrs. Iiollea will haveexclusive andpossession the marital home for herself use of andthe childrendudngthc pendency theseproceedings. of Mr. Bollea will not enrerthe marital residencefor any purpose. Arrangements will be madefor the rem,oval Mr. Bollea's vehigles from the premises the marital homeby a third party. of 7. Mr. Bollea.will have cxolusive use and possession the beach rqsidenceon of EldoradoAvenuedruingthe pendency theseproceedings. of
  • 42. 8. RecordProduction,Eachparty shaLl, witbirr ten (10) daysfrom the date hereof, execDte wriften au*roritatrinn the form of theaftachedExldbit "A".directed to Lewjs, Birch a in and Rjcardo,CPAs, andall iB employees, rclease oounsel eachpar.ty to to for upon demandany and all records, financial documents, exldbits,schedules, drafts of proposedexhibits, banking tecords, checkbook rccords, check registers and computergenerateddocunents which are or have beeniu tbe possession Lewis, Birch and Ricardoor whish come into the possession of of Lewis, Birch and Ricatdoat anytime duringthependency ofthis casc, 9. Each party agteesthat they shall, within tcn (10) days, execute a written authorization directing Terry McCoy, financial advisor, to release any and all financial information conoerning parties,or eitherof themn the and sll of their business and invcstment account inforrnation- Each pa$y agreesthat all resords of Lewis, Birch and Ricardo and all records of Terry McCoy and tlre btokerage house wbere he is employed shall be promptly furnishedto counselfor the otherparty throughout thcseprooeedings. Further,eaohparty ,shall, within tcn (10) days,fi,rmishthc other party with all financial aud businessdocuments to any as and all busincsscntities, corporations,LLC's and partnershipa or she owns or has owned, in he whole or in part in the last five (5) years. 10. Eachparty shallhavean extension time to comply with mandatory of disclosure and the filing of Financial Affidavits. Each party shall havethirty (30) days from the date of this Stipulatiort to comply with mandatorydisclostneand filc their respective Financial Affidavits. This shall not prevent either parly fiom seekingadditional or diffcrent temporary relief on an ttrgent or emcrgenoy basis and, if suoh relief is requestcd,the parties shall file Financial Affidavits forthwith.
  • 43. I 1. The Husbandshall,within five (5) days,deliverto his counsel gun(s)and gun his certiflcateand counselshall confirm in writing that this f,ls beenaccomplished.These items shallremainwith the Husband's counsel until fi:rtherorderof Courtor agrcement the parties. of 12. The recordsto bc produced hereinshall includeall personal joint bank accounts, bankaccountswith thind parties, investment all aooounts all aocount.s any corporation$ and of or business venturesin which the partieshave beenor are involved. The parties agreethat each shall, within ten (10) days from the datehereof, firrnish counselfor the other party any arul all estateplaruring docrrmentsand trust documents which have been executed the parties, or by citherof them, at any time in thelastfive (5) years. 13. The padies agreethat upon executionof this Stipulationby each party, counsel for either party shall submit an Order to the Court in the forur of the attachedExhibit *C" approving the terrns of this Stipuletion. The parties fiuther a$ee that the Order may be submittedto the Court and that the original Stipulation held at this time by counscl for the parties. The partics agreeto be boundby the Stipulationincorporated the Order approving into sameand either parry may, at his or her option"file the odginal.Stipulation 14. The partiesfirflher agreethat this Stipulationis without prejudiceto the rig.ht of eithcr party to seek additional or diffetent tempotary relief and temporary attorney fees, suit money and costs in this ceu$e. Further, this Stipulation is without prejudice to thc Corrrt in determinirlgat a later date or at tial the ultimate allocation of the funds being distributed at this time a.spartial equitabledistribution. LindaMarie Bollea Tcrry OeneBollea Wife Husband Dated: 2008 Dated: 2008
  • 44. (x. r}J,tf.u,H.fffi, r.fl-. A,J. BARRANCO. JR. gu|rE t490, ]nusE ui t Tow E R MAR I A N N E L . K I R C HER r5O WEST FLIGLER STREET RAY M O N D J , R A F O OL MIA!.rr, FLOIITpA 33 ! 30.t 5a7 M E LI S S A A . A C O S T A JED R. FhIEbPIAN TOLL FREE (BBB) 443.oO43 January 8, 2008 I TELEFHONE (3O5) 37 I.E57E FACSIl.llLE (5OS) a? l-7Oel vIA FACSIMILE U.S. & MArr, Ann Loughridge Esq. l(err, 425 SouthGarden Avenue Florida337 Clsarwater, 56 Ret Bolleav, Bolleo cnseNo.07-DR4 33SS-FD-I i 4 Dear Ms. Kerr; In therestof theStateofFlorida it is commoncourtesy sendgil opposingcouuselcopies to of correspondence and pleadings,You chose to do so,Plcase uot respeot presence th.iscase my in as Go-counsel thefuture. in Flease haveMr. Bollearetuul all flremoniesto theprevious accounts Tuesday, by Jauunry 22, 2008,5:00 p.m. (or put half of thc amounttransfEn'ed Mrs. Bollea's name) or expect in emergenoypleadings. All to<esand legal $ff)eDses associatedwith the Barnett-advisedtrarrsfer therewith shallbethe soletesponsibility Mr. Bollea of I hopetbat by uow SteveThackerhas leamednot to tnrst you or anything that you say. AJB/jwc cc: Linda Bollca O. Stephen Thacker EXHIBIT a-