III. Sworn statements (numbers 1-11) included for defendant’s opposition: 1) My husband made a verbal contract with me to pay for our home. This contract was reinforced by him several times. I do not know if a request for a divorce nullifies a contract. He stated to me in Hawaii in January of 2011 that he would pay for our home with his retirement monies we saved and his social security income. I have written proof of his intent in the “Exhibit D” written by Leon Hamilton, my husband. 2) My husband stated shortly after we arrived in Hawaii that this is not where he wanted to live. He did make a verbal contractual agreement with me that led to me leaving a good job in New York and moving across the country to Waikoloa Village, Big Island, Hawaii. The agreement was a verbal contract that he is bound to by law. He is breaching this contract. I ask for the judge to read ” Exhibit E”, a letter I read in court on August 7, 2013. 3) My husband stated after the October 2nd,2013 court appearance, a different amount of 55,000 dollars for settlement, but he has stated to me your honor that he had wanted 45,000 dollars to settle. He also stated three times that day he did not want to profit from the divorce. 4) I have difficulty climbing stairs and I need to live in a one level home. I cannot live in a confined area as my emotional state does not allow for a confined space. I am extremely claustrophobic. My husband and I lived in a small basement apartment before moving to Hawaii that was a detriment to my well being. I had asked that we move but my husband refused stating we had a lease as his reason. We moved to a one story open apartment after the lease was up. I believe living costs would be a challenge financially as I would need to have more income to afford the same accommodations in Waikoloa, Hawaii. 5) Included is the letter from the defendants’ parents, “Exhibit A“. My parents will take out a loan for my husband’s share of settlement and help to support my financial needs until I am employed and this will supplement my spousal support. My parents realize that my husband had agreed to financial promises that he has not kept. These obligations that he gave verbal contract of and that I have written proof of, are for security of monies paid for our home. My husband was offered by myself to stay in part of our home and refused. We own a split home which could accommodate my living separate from him and his roommate. I also state that I reviewed a court document that Jennifer Heimgartner prepared that said I agreed to get a full time position, any job agreement between my husband and myself did not include either of us stating we would get a full time position and she is not stating the truth. The same document said I always maintained my own medical health insurance and this is not true. At times during his employment at Cooper Tools and while working as Alderman he insured me. She said that I had not applied for any other jobs other than Radiologic Technologist and this is not true. -3- Jennifer Heimgartner also made a statement concerning my health in which she states I have no disabilities. This is not true your honor as I do have rheumatoid arthritis, high blood pressure, vertigo and other factors that affect my ability to work certain jobs. A statement of facts should be true. 6) I do not have a clear accounting of my husband’s assets. I have asked twice for a production of documents and his lawyer adamantly stated to me that no judge will give me this because I did not produce mine first. Regarding production of documents, I received an invoice that I accidently opened that had Mr. Hamilton’s name and a bill for a storage compartment that may contain assets that I did not know about. I want with my production of documents the full disclosure of items in any storage locker my husband or his roommate have access to and any monies he may have received while we have been married to be added to my prior request for production of documents. 7) My husband stated after a court date, in front of myself, Lyla, and his attorney that he has not pursued a job in his field since leaving me in March of 2011 because he cannot get one with a two year degree. I submit “Exhibit B” for your review. I have been pursuing jobs in my field of study and produce “Exhibit C” as proof of this. 8) At this time my home is suited for my physical demands, my only sense of pride, my only protection, and my only income except for the 500 dollars per month coming from marital assets. I contributed part of these monies. 9) Jennifer Heimgartner is not my attorney and it should not concern her if she feels I am distressed. She is only working for my husband and is only being paid by my husband. I can continue to send her emails regarding this if she needs further confirmation that when all assets are determined her costs are only being paid by Mr. Hamilton whom she represents. 10) I continue to pay all my bills on time and maintain a good credit rating. 11) I state that my husband’s attorney accuses me of hindering this process, not being cooperative and being disruptive. I declare that this is not true and I could accuse her of the same issues. I am not scared or intimidated by Mrs. Heimgartner, as my friend Lyla was happy that I stood my ground after the October 2nd court date when Jennifer said in a very nasty voice “why don’t you move”. I am fearful of a judge’s decision that has me panicked and may destroy my life. -4- Answers to supplemental declaration of Jennifer S. Heimgartner for plaintiffs motion for sale of real property, Exhibit “E”-“F” Answer to number two: The estimates presented are a real estate estimate and therefore are inadmissible for evidence in evaluating a fair market value in a divorce case. Answer to number five: The 500.00 dollars is coming from a retirement fund which is a mutual asset and the contribution from the plaintiff is not the full 500.00 dollars. With taxes, insurance, and HOA fees included in the housing costs, the housing costs are not stated accurately. This is a false statement. Answer to number six: The support was not defined as a payment of mortgage expense. I am confused as to why it is being called spousal support when it is marital assets. Answer to number seven: Defendant is making 900.00 dollars income minus the utility and cleaning costs on the rental. The defendant has given the court a verbal contractual agreement with supporting evidence where the defendant shows that the plaintiff has not paid his share of costs for living expenses that he has agreed. The plaintiff is deficient in monies he agreed to pay and therefore cannot collect against rental income. Answer to number eight: Defendant sent an email stating her parents could get a loan for 40,000.00 dollars. This was the only time that the defendant said the amount in any statement, verbal or written. Answer to number nine: Defendant states that her parents have agreed to assist with monies they have available and the plaintiff’s attorney has made another false statement. I declare that all the foregoing is true and correct to the best of my knowledge under penalty of perjury. Dated: Kailua Kona, Hawaii ____________________ Colleen Hamilton, pro se
Posted on: Mon, 29 Dec 2014 13:34:59 +0000
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