4 6 16

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1 IN THE DISTRICT COURT IN AND FOR TULSA COUNTY

STATE OF OKLAHOMA
2
3 WINSTON FROST, )
)
4 Petitioner, )
) Case No.
5 vs. ) FD-2014-1476
)
6 )
TANYA HATHAWAY-FROST, )
7 )
Respondent. )
8
9
10 ********************
11 TRANSCRIPT OF TRIAL TO THE COURT
12 VOLUME II
13 APRIL 6, 2016
14 BEFORE THE HONORABLE MILLER
15 ********************
16 A P P E A R A N C E S
17 FOR THE PETITIONER:
Michon Hughes
18 Clinton Hastings
1634 S. Denver Avenue
19 Attorneys At Law
Tulsa, Oklahoma
20
FOR THE RESPONDENT:
21 Pro se.
22 REPORTED BY:
23 TAMI MORSE, CSR-RPR
500 S. DENVER, SUITE 111
24 TULSA, OK 74103
tami.morse@oscn.net
25 (918) 596-5371
DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

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1
E X A M I N A T I O N S
2
3 Name Examination By Page
4 WINSTON FROST
5 DIRECT EXAMINATION 229
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

223
1 E X H I B I T S
2 Exhibit Description Page
3 Petitioner's Exhibits 1 Documents 231
4 through 25 admitted
5 Respondent's Summary Documents 238
6 Exhibit binder Tabs 1
7 through 6 admitted
8
9
10 C E R T I F I C A T E 302
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

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1 P R O C E E D I N G S
2 THE COURT: We are back on the record in
3 Winston Frost versus Tanya Hathaway, Tulsa County
4 case number FD-2014-1476.
5 Before we begin with the evidence,
6 Ms. Hathaway has filed an Emergency Motion for
7 Reconsideration regarding this Court's denial of
8 Tanya's Hathaway's Motion to Dismiss Due to Lack of
9 Subject Matter Jurisdiction.
10 Ms. Hathaway, I understand that the basis for
11 your motion is that, apparently, I left the
12 impression, and I want to correct it, that the only
13 basis for my ruling yesterday was on the basis of
14 judicial estoppel. That was not my intention.
15 It's my intention to indicate that after
16 hearing those many hours of evidence that we did
17 yesterday, that, in fact, the facts support that this
18 Court has subject matter jurisdiction and that venue
19 is in this Court.
20 And, further, I did reference the judicial
21 estoppel in that the judicial estoppel was also
22 appropriate under the circumstances. So it was not
23 an either/or, it was intended to be a ruling on both.
24 Is that clear now?
25 MS. HATHAWAY: I don't understand the grounds

225
1 for it, umm...

2 THE COURT: Okay.
3 MS. HATHAWAY: -- cause, ahh, he wasn't a
4 resident, clearly. It was stated he needed to be a
5 resident for six months prior to and he testified
6 himself that he wasn't, Your Honor, and I'm sorry, I
7 should be standing up.
8 THE COURT: Well, I found that he was
9 yesterday after hearing those many hours that, in
10 fact, he was a resident of the state based upon the
11 factual record presented, so ...
12 MS. HATHAWAY: So, Your Honor, for the record
13 I'm going to have to appeal.
14 THE COURT: You certainly may.
15 MS. HATHAWAY: Okay. So I think that should
16 put a stay for today's hearing.
17 THE COURT: No, ma'am. We are proceeding.
18 MS. HATHAWAY: Your Honor, also for the record
19 I need to say that I am not prepared. I have a
20 disability that I've said again and again that has
21 not allowed me to have the support that I need, the
22 accommodations that I need.
23 I put out the emergency situations that
24 happened at home. It's not out of disrespect to the
25 Court or to any party, but anything going forward I

226
1 would not be allowed, or able to properly represent

2 myself.
3 I have, ahh, over a 151 e-mails that discuss
4 the marital residence that I haven't been able to put
5 together because of my disability and because I need
6 the support and help to be here with me today if this
7 was to go forward.
8 I have 199 correspondences about repairs. I
9 have 249 receipts that aren't included, but also not
10 to mention cash payments to the subs that I have
11 been -- that I have yet to present.
12 I have 31 medical and settlement disclosures
13 that I could show the Court, but I'm not able to
14 because I am disabled and I wasn't able to do it
15 myself due to the emergent circumstances.
16 I have 22 e-mails on the status of Newbury to
17 prove that -- I have 40 e-mails regarding the deed.
18 I have 89 e-mails or texts, when I'm
19 referencing e-mails, that will clearly show
20 commingling. And I have 15 about reconciliation
21 during the period of time that he claims that he --
22 that we were separated and after, umm, after this was
23 filed.
24 It would be an injustice to this party to go
25 forward when I have two -- one appeal that is on the

227
1 record already for notary fraud. Two more that are

2 found in the Temporary Order and another one that the
3 Court doesn't seem to want to consider.
4 And I, also, have -- and it would be an
5 injustice knowing that there's another very legal
6 valid argument that will be going in front of the
7 Appellate Court.
8 And the fact that, again, I have over and over
9 again told this Court and made my medical records
10 available to them, offered total transparency to be
11 taken seriously here that I am not able to properly
12 represent myself.
13 And I'm afraid that if I have to stay and try
14 to do this when I feel strongly it's moot, but not
15 only that when I am -- I don't have the support that
16 I need as a disabled -- as a noted disabled woman on
17 my medical records, that it would only put things off
18 further and it puts me at risk.
19 THE COURT: Thank you. Your request, which I
20 interpret as a request for a stay of this proceeding
21 or a delay of this proceeding is overruled.
22 MS. HATHAWAY: So are you denying me the
23 ability to have the help that I need for, ahh, a
24 disabled person, Your Honor?
25 THE COURT: Ma'am, you've had two lawyers and,

228
1 apparently, you've let them go.

2 MS. HATHAWAY: No. I didn't let them go.
3 They both applied for withdrawal.
4 THE COURT: One did and, then, one --
5 Mr. Vaughn, there was a request before this Court
6 which he said that you had fired him.
7 MS. HATHAWAY: That was the second time
8 around. I had no choice but to fire him.
9 THE COURT: Yes. So you fired your lawyer.
10 MS. HATHAWAY: I didn't have the money to pay
11 for him.
12 THE COURT: And, then, I had -- we held an
13 appropriate Pretrial Conference. I gave you the
14 instruction about providing all of your witness and
15 exhibit lists.
16 We held a final one and a half hour
17 approximate Pretrial Conference on the record on
18 Monday and now we are going to proceed with the
19 trial.
20 MS. HATHAWAY: Your Honor --
21 THE COURT: So at this time, thank you, ma'am.
22 For the petitioner you may call your first witness.
23 MS. HUGHES: I will go ahead and call
24 Mr. Frost. Is he still under oath, Your Honor?
25 THE COURT: Yes. You're still under oath.

229
1 THE WITNESS: Thank you, Your Honor.

2 THE COURT: Thank you.
3 WINSTON FROST,
4 Having been first duly sworn, testified as
5 follows:
6 DIRECT EXAMINATION
7 Q. (BY MS. HUGHES) Will you turn to Tab 3 please,
8 Mr. Frost. And find bate stamp No. 79. Do you see
9 the exhibit -- it says Exhibit C at the top because
10 it was previously admitted.
11 MS. HUGHES: Actually, let me ask the Court,
12 this was admitted in the pretrial hearing,
13 previously. Do you want me to go ahead and move to
14 admit it? I don't know if Ms. Hathaway has any
15 objection to this exhibit anyway.
16 MS. HATHAWAY: Well, I have to find it first.
17 THE COURT: Let me find it as well.
18 MS. HUGHES: Under Tab 3.
19 THE COURT: There were no objections to any of
20 the petitioner's exhibits listed in the Pretrial
21 Conference Order.
22 MS. HATHAWAY: Your Honor, I didn't have the
23 opportunity to go through them. So, if we can, as we
24 did yesterday one-by-one, you know, there are
25 thousands of pages here. So, considering the time

230
1 that I got the, umm, the notebook and all the

2 exhibits, I would ask that the same offering be given
3 to me that was given to the petitioner yesterday,
4 that we one-by-one go through them. Due to my
5 disability I'm not able to go through it all.
6 THE COURT: I did that yesterday as an
7 accommodation to you, frankly, because otherwise you
8 had not properly listed all of your exhibits and we
9 made every effort to make sure those came in.
10 MS. HATHAWAY: Thank you, Your Honor.
11 THE COURT: However, I am going to follow
12 Oklahoma Rule of Civil Procedure Rule 5, Subpart (i),
13 which says that all exhibits must be marked, listed,
14 and identified in the Pretrial Order. If there is
15 objection to any -- the admission of any exhibits the
16 grounds for the objection must be specifically
17 stated. Absent proper objection the listed exhibit
18 is admitted when offered at trial or other
19 proceeding.
20 So the exhibits listed in -- as petitioner's
21 exhibits in the Pretrial Conference Order filed
22 April 4, 2016, will be admitted in as much as there
23 was no objection to those.
24 MS. HATHAWAY: If you are accommodating me,
25 Your Honor, for a notebook with less than a hundred

231
1 pages, which I appreciate, but now I am faced with

2 notebooks of thousands of pages. There is no
3 accommodation, truly, being made to me --
4 THE COURT: Ma'am --
5 MS. HATHAWAY: -- and it's not a benefit to
6 me.
7 THE COURT: That's enough. I've already
8 ruled.
9 MS. HATHAWAY: Just noted.
10 THE COURT: We're going to move through this
11 today.
12 MS. HATHAWAY: Thank you, Your Honor. I need
13 help finding that, then.
14 THE COURT: So for the record Petitioner's
15 Exhibits 1 through 25 will be admitted, no objection
16 was listed in the Pretrial Conference Order.
17 MS. HATHAWAY: There's -- for the record I'm
18 just objecting to anything that I'm not able to
19 object to.
20 MS. HUGHES: Your Honor, for the record I'm
21 handing the court reporter Ms. Hathaway's binder that
22 our office put together. It has over 400 exhibits in
23 it. We, umm, we have, I think there are tabs 1
24 through 6, so ...

232
1 Q. (BY MS. HUGHES) All right. This is the

2 investment contract that you signed for the property
3 in Grove, Oklahoma, that we discussed yesterday.
4 A. Yes.
5 Q. And can you turn to the last page, please, of
6 that document and tell me what date this was
7 purchased.
8 A. The date of purchase was 30 April, 2013.
9 Q. Okay. And can you explain for the Court --
10 MS. HUGHES: Let me go ahead and move the
11 admission of, I guess, all of Tab 3, Your Honor.
12 THE COURT: As I said I have --
13 MS. HUGHES: We're admitting them.
14 THE COURT: -- recognized that I will admit
15 Petitioner's Exhibit 1 through 25.
16 MS. HUGHES: You did just say that. I
17 apologize.
18 Q. (BY MS. HUGHES) Can you tell the Court what --
19 explain the nature of what kind of a contract this
20 is.
21 A. Yes. It's basically an owner carry from a
22 company called Econo Homes which does small, umm,
23 private loans. It was a cabin in Grove that they had
24 purchased in foreclosure and resold and I purchased
25 it from them on, umm, April 29th.

233
1 Q. Okay. And you have a balloon payment to make in

2 this case, correct?
3 A. Yes.
4 Q. And when was that due?
5 A. I believe it was due June of 2014.
6 Q. Have you made that yet?
7 A. No.
8 Q. Why not?
9 A. I have not been able to do so financially.
10 Q. All right. So what's the status? Have you been
11 delivered a deed in this property yet?
12 A. No.
13 Q. All right. And why not?
14 A. The deed is delivered upon payment of the balance
15 due.
16 Q. Okay. So, umm, in land records are you the
17 record owner to your knowledge?
18 A. No.
19 Q. All right. Umm, let's turn to Tab 4, please.
20 And you recognize Tab 4 as the Temporary Order
21 entered in this matter.
22 A. Yes.
23 Q. Okay. Now, this has been amended slightly since
24 it was originally ordered. However, the paragraph 7,
25 Exclusive Possession, that has not been amended, has

234
1 it to your knowledge?
2 A. No.
3 Q. And under exclusive possession, is it your
4 understanding that as of the date of this hearing,
5 which would have been April 6, 2015, when the Court
6 made this ruling, you were awarded exclusive
7 possession of the property?
8 A. Yes.
9 Q. All right. Umm, also on paragraph 8 on
10 September 24th, 2013, you had a foreclosure deed
11 granted to you, and we covered that yesterday with
12 the, umm, the Philbrick property, that was also
13 found. And is it your understanding that it has
14 already been determined as your separate property?
15 What is your understanding with the Automatic
16 Temporary Injunction ruling that the Court gave on
17 April 6?
18 A. That I would be given full and complete
19 possession of the property.
20 Q. Okay. And was it your understanding that you
21 could at that time finally disconnect the
22 electricity, if you so desired?
23 A. Yes.
24 Q. All right. And is it your understanding that
25 this Temporary Order also stated that throughout the

235
1 pendency of the order you were to each pay your own

2 living expenses?
3 A. Yes.
4 Q. And that would have included the electricity?
5 A. Yes.
6 Q. All right. If you will turn, please --
7 MS. HATHAWAY: Excuse me, Your Honor. I need
8 to go. I need to get my breathing under control.
9 Thank you.
10 THE COURT: We'll take a short recess.
11 (A recess was taken, after which the following
12 proceedings were had.)
13 THE COURT: Thank you. Please be seated. We
14 are back on the record. We have taken a short break.
15 Ms. Hathaway has returned. Ms. Hughes you may
16 proceed.
17 Q. (BY MS. HUGHES) Turn to Tab 5.
18 MS. HATHAWAY: Your Honor, I need --
19 THE COURT: Pardon me.
20 MS. HATHAWAY: -- I'm having a panic attack
21 and if I don't take medication I'm going to have to
22 go to the hospital and if I take medication I won't
23 be able to stay awake and think clearly.
24 THE COURT: How much time do you need?
25 MS. HATHAWAY: I don't know. These are my

236
1 records. I have given you my records. I told you I

2 need accommodations. This is not a joke.
3 THE COURT: Well, I'm not -- there is no joke,
4 ma'am. What accommodation are you requesting today?
5 MS. HATHAWAY: The same accommodation I
6 requested you all along before. That you -- I don't
7 care if you denied me or not. I just can't afford to
8 be denied now.
9 THE COURT: Yes, ma'am. All right,
10 Ms. Hughes?
11 MS. HUGHES: Judge, I have no objection to
12 admitting all exhibits that have been presented by
13 Ms. Hathaway that are here before the Court. All of
14 our exhibits have already been admitted.
15 MS. HATHAWAY: I can't try this case myself.
16 I've got tons of exhibits that aren't here. I
17 can't -- my thought process -- my ADD doesn't allow
18 me to do it.
19 THE COURT: Ms. Hathaway --
20 MS. HATHAWAY: It's real and my panic
21 attacks --
22 MS. HUGHES: Judge, that's my proposition.
23 THE COURT: I understand.
24 MS. HUGHES: Okay.
25 THE COURT: So, Ms. Hughes has, ahh, offered

237
1 to allow all of your exhibits that have been

2 submitted in this binder to be admitted and I'll --
3 MS. HATHAWAY: Submitted in what binder? The
4 one binder that she selectively included for me?
5 THE COURT: No, ma'am. These are the exhibits
6 that were -- more than exhibits and all the documents
7 that were provided by your prior counsel to
8 Ms. Hughes.
9 MS. HATHAWAY: My prior counsel didn't give me
10 squat. I don't know what he's done.
11 THE COURT: Ma'am --
12 MS. HATHAWAY: And that's on the record. I
13 can't defend myself here.
14 THE COURT: -- you were provided with all of
15 those documents on Monday, is that right?
16 MS. HUGHES: Yes.
17 THE COURT: In the binders. So we had an
18 opportunity and you, obviously, you were in court
19 yesterday. Last night you had an opportunity to
20 prepare a 14-page --
21 MS. HATHAWAY: No. My disability does not
22 allow me an opportunity to prepare of this magnitude.
23 THE COURT: Last night you prepared a
24 12-page --
25 MS. HATHAWAY: No. I didn't. I got help with

238
1 it.
2 THE COURT: Are you saying you have legal
3 counsel that's helping you?
4 MS. HATHAWAY: No. I don't have legal counsel
5 that was helping me. I have a friend that helped me
6 with it after we talked and he e-mailed it to me.
7 I'm not competent and capable to do that myself.
8 THE COURT: Well, we're going to proceed with
9 this trial.
10 MS. HATHAWAY: I -- I'm not able to do it
11 without having --
12 THE COURT: You're going to have to.
13 MS. HATHAWAY: -- without stopping my panic
14 attack or I'm going to have to go to the hospital or
15 take medication that disallows me to be competent for
16 trial and I want to be competent for trial.
17 THE COURT: We're going -- we're going to take
18 a 15-minute recess so you can collect yourself --
19 MS. HATHAWAY: I need help.
20 THE COURT: -- and I'm going to admit all of
21 your exhibits that are contained in the binder.
22 MS. HATHAWAY: I don't know what to do with
23 them. I am at a disadvantage. I am disabled and I'm
24 having a panic attack.
25 THE COURT: We're going to admit all of the

239
1 exhibits that are in the Respondent's Summary Exhibit

2 binder. They are Tabs 1 through 6.
3 MS. HATHAWAY: Your Honor, thank you. I know
4 you're trying to do everything you can do to get this
5 case to go forward. We all want it over. We all
6 want it over. I can't -- I can't do this without
7 medication.
8 THE COURT: I'm going to take a 15-minute
9 recess. So we'll be back at 9:45.
12 THE COURT: We are back on the record. Time
13 is approximately 10:38.
14 The record will reflect that I did meet very
15 briefly in chambers with the petitioner's counsel and
16 with Ms. Hathaway to review the status of our trial
17 and what the issues are moving forward.
18 I would like to discuss on the record with
19 both parties a proposal that I would like to make and
20 that is, I would like to make sure that we can simply
21 move forward with granting the divorce, make findings
22 regarding no children and no pregnancy and no
23 bankruptcy. I would like to go ahead with the
24 agreement of the parties and grant the divorce.
25 And, then, if the -- if it's correct we would

240
1 move forward today in this trial only on the issue of

2 the equitable division of property. That would be
3 division of assets and liabilities, both real
4 property and personal property and any claims that
5 are made in connection with property, any money
6 claims.
7 Does that sound -- is that acceptable to you,
8 Ms. Hughes?
9 MS. HUGHES: As long as we get the Court's
10 ruling on alimony as well, absolutely.
11 THE COURT: Yes, and alimony as well. Thank
12 you.
13 Ms. Hathaway, is that acceptable to you?
14 MS. HATHAWAY: Well, you know that I disagree
15 to jurisdiction.
16 THE COURT: I do, and you have -- you have
17 preserved -- you're not waiving that objection.
18 MS. HATHAWAY: Okay.
19 THE COURT: Okay. So Ms. Hathaway, you are
20 still under oath from yesterday.
21 Do you agree that a state of irreconcilable
22 incompatibility has arisen in your marriage and are
23 you asking the Court for a decree of divorce or
24 dissolution of marriage on the grounds of
25 incompatibility?

241
1 MS. HATHAWAY: And then some.

2 THE COURT: Okay. And Mr. Frost, are you
3 asking the Court for a decree of divorce on the
4 grounds of incompatibility?
5 MR. FROST: Yes, Your Honor.
6 THE COURT: Are there any children -- Ms.
7 Hathaway, are there any children born or adopted of
8 this marriage?
9 MS. HATHAWAY: No, Your Honor.
10 THE COURT: Mr. Frost, is that correct?
11 MR. FROST: Yes, Your Honor.
12 THE COURT: Ms. Hathaway, are you currently
13 pregnant?
14 MS. HATHAWAY: No, Your Honor.
15 THE COURT: Ms. Hathaway, have you filed for
16 bankruptcy in the prior six years?
17 MS. HATHAWAY: Prior six years? I did right
18 after my accident. Umm, I don't think -- I don't
19 think it's been six years. Whatever it was was
20 disclosed, originally.
21 THE COURT: Okay.
22 MS. HUGHES: I could check on that date.
23 THE COURT: Was a discharge granted in that
24 divorce?
25 MS. HATHAWAY: It was a discharge. I never

242
1 followed through on it. It was a discharge. I never

2 followed through on it.
3 THE COURT: Oh, I see. Okay.
4 Mr. Frost, have you filed for bankruptcy in
5 the prior six years?
6 MR. FROST: No, Your Honor.
7 THE COURT: And Ms. Hathaway, did you -- did
8 you take the name Hathaway Frost?
9 MS. HATHAWAY: Not legally.
10 THE COURT: So your name will remain as
11 Hathaway.
12 MS. HATHAWAY: Yes. Thank you.
13 THE COURT: Okay. The Court finds that the
14 parties should be and hereby are divorced, a
15 dissolution of marriage is granted on the grounds of
16 incompatibility.
17 The Court finds there are no children born or
18 adopted of the marriage and that the respondent is
19 not now pregnant.
20 The respondent previously filed a bankruptcy,
21 but that bankruptcy was never followed through with
22 and there is a -- either a dismissal or a discharge
23 in that bankruptcy.
24 Ms. Hathaway is keeping the name Hathaway.
25 That will be the Order of the Court.

243
1 So today we will move forward only on the

2 issue of equitable division of property and alimony,
3 all money claims, is that correct, Ms. Hughes?
4 MS. HUGHES: Yes, Your Honor.
5 THE COURT: Is that correct, Ms. Hathaway?
6 MS. HATHAWAY: I believe so.
7 THE COURT: Thank you all very much. I
8 apologize. I have to take a very brief break. This
9 will take possibly as much as ten minutes, but I have
10 something very important I have to take care of and
11 I'll be back and we'll proceed. Thank you all very
12 much.
15 THE COURT: We are back on the record. It is
16 now 10:54. Thank you all for your patience. I had
17 an emergency that I had to take care of.
18 So we are now ready to proceed. Ms. Hughes,
19 you may go forth.
20 MS. HUGHES: Your Honor, based on the
21 conversation we were having prior -- since my client
22 took the stand, I'd like to offer some things that I
23 think could be stipulated and move this along. Would
24 that please the Court?
25 THE COURT: Certainly.

244
1 MS. HUGHES: Date of marriage being

2 November 27th, 2013.
3 THE COURT: Say that -- December ...
4 MS. HUGHES: December 27th, 2013.
5 THE WITNESS: November.
6 MS. HUGHES: I'm sorry, November.
7 THE COURT: Yes.
8 MS. HUGHES: I need to put my glasses on. The
9 date of separation, we'd like to stipulate as to
10 either would be June 2nd, 2014; or based on
11 yesterday's testimony July 3rd, 2014, which I
12 understand would be the last time that Mr. Frost was
13 even in New Hampshire. Umm, I'm open to Ms.
14 Hathaway's suggestion on that.
15 THE COURT: Okay. Ms. Hathaway, do you
16 have -- do you agree that either of those dates are
17 the correct date of separation?
18 MS. HATHAWAY: The correct date of separation
19 would be July 3rd.
20 THE COURT: July 3rd. Okay.
21 MS. HUGHES: We also have -- umm, we could
22 stipulate that there is a lien, a property lien on
23 the house by Mr. Larry Buote that's Frost 108 in our
24 binder. It's already been admitted.
25 We could stipulate that there are

245
1 utilities -- outstanding utilities on the Philbrick

2 property of $4,155.76.
3 THE COURT: Say that number again, please.
4 MS. HUGHES: $4,155.76.
5 MS. HATHAWAY: What is the amount for Larry?
6 MS. HUGHES: I'd have to look at the exhibit.
7 It's on 108.
8 And that is Tab 5 that, umm, shows the
9 electric bill, shows the total amount due and that
10 was as of April 16, 2015. My understanding this is
11 still the outstanding balance on the electric. If
12 Ms. Hathaway has a different amount --
13 THE COURT: I tell you what, let's take these,
14 for my benefit and for Ms. Hathaway's one at a time.
15 Let's take the first. So, Ms. Hathaway, do
16 you stipulate that the date of marriage is
17 November 27, 2013?
18 MS. HATHAWAY: Yes, Your Honor.
19 THE COURT: And both parties have stipulated
20 the date of separation is 7-3-14.
21 Let's look at the property lien by Larry --
22 where would I find that?
23 MS. HUGHES: That's in Tab 13. And there's a
24 small claim complaint, umm, and 108 shows the lien,
25 114 shows the complaint.

246
1 THE COURT: The page -- Frost 108 shows a

2 total due as of November 12th, 2014, in the amount of
3 $923.72. And do both parties stipulate that that
4 amount is correct as of that date?
5 MS. HATHAWAY: What's the number, please?
6 THE COURT: $923.72.
7 MS. HATHAWAY: That sounds right.
8 THE COURT: And do you stipulate to that
9 amount, Ms. Hathaway?
10 MS. HATHAWAY: It sounds right.
11 THE COURT: Ms. Hughes?
12 MS. HUGHES: Yes.
13 THE COURT: The fourth item, outstanding
14 utilities, and where was that tab?
15 MS. HUGHES: It's Tab 5.
16 THE COURT: And, Ms. Hathaway, it's been
17 offered as a stipulation that the outstanding
18 utilities from -- these are electric utilities, are
19 outstanding in the amount of $4,155.76 as of
20 April 16, 2015. Do you stipulate to that amount?
21 MS. HATHAWAY: I'm not sure if I understand
22 the question. They're not outstanding to me.
23 THE COURT: Of just that that amount is due
24 and owing.
25 MS. HATHAWAY: That could be. I don't -- it's

247
1 on his bill. Umm, I also have, umm, 32 or $3,300 due

2 right now in electric bills. So, that should be
3 added on.
4 THE COURT: In addition to this?
6 THE COURT: That's on the Philbrick Hill
7 property?
9 THE COURT: Okay.
10 MS. HATHAWAY: It's pretty hard without a
11 primary service, primary furnace to keep the house
12 warm.
13 THE COURT: Is that bill a part of the
14 exhibits?
15 MS. HATHAWAY: I've got it on my phone.
16 MR. FROST: It's not, Your Honor. It's not in
17 the exhibit packet that was provided.
18 MS. HUGHES: I don't see it either.
19 MS. HATHAWAY: I just have a new recent bill
20 that I just got.
21 THE COURT: Okay. Well, we'll hold the issue
22 of utilities for the moment.
24 THE COURT: Any other proposed stipulations?
25 MS. HUGHES: Yes. The taxes that are a lien

248
1 on the property right now, that's Tab 18. And Tab 18

2 shows $15,163.99.
3 MS. HATHAWAY: 15,163.99?
4 THE COURT: 163.99. Do you stipulate that the
5 outstanding taxes on the Philbrick Hill property
6 amount to $15,163.99?
7 MS. HATHAWAY: Yes. I would agree that's
8 close to that number because I checked with the, umm,
9 county of deeds and that's pretty close to it. It
10 doesn't have, ahh, the current interest.
11 THE COURT: That would be as of March 7, 2016,
12 according to this exhibit.
13 MS. HATHAWAY: So it would be growing.
14 THE COURT: Yeah. And so you accept that?
15 MS. HATHAWAY: I would accept that.
16 THE COURT: Very good.
17 MS. HATHAWAY: As of March the 7th date.
18 THE COURT: Okay. We'll show that stipulated
19 as of 3-7-2016.
21 THE COURT: Any other proposed stipulations?
22 MS. HUGHES: Yes, Your Honor, in Tab 1 of
23 respondent's binder there is a settlement that, I
24 believe, is not in dispute.
25 That Ms. Hathaway received part of it prior

249
1 to the marriage and part of it during the marriage

2 and without regard to arguing about what happened to
3 it, just the amount, she had testified previously on
4 January 5th, 2015, at this Court's hearing and I'd
5 ask the Court to take judicial notice of that
6 transcript, pages 28 through 29, that she had
7 received $200,000 in settlement, half before and half
8 after getting married.
9 We are not -- we are not claiming that that
10 is not separate property. We stipulate that that was
11 her separate property at the time she received it.
12 Whether she commingled, I suppose, would be an issue
13 of fact and we don't actually have any stipulations
14 as to what happened to it, but ...
15 THE COURT: And that's from a personal injury
16 settlement?
17 MS. HATHAWAY: Yes. So I have stipulations
18 about it.
19 THE COURT: So let me understand the
20 stipulation. Are you stipulating that the
21 respondent's receipt of $200,000 from a personal
22 injury settlement was her separate property against
23 which the plaintiff makes no claim?
24 MS. HUGHES: That's correct.
25 THE COURT: Thank you. Any other

250
1 stipulations?
2 MS. HATHAWAY: He makes no claim. There's
3 nothing to claim. It's all gone into the -- the
4 majority has gone into the property and with promise
5 of return of it.
6 MS. HUGHES: We're not stipulating to anything
7 like that.
8 THE COURT: No. I understand. I understand
9 what your stipulation is at this point. Anything
10 else, Ms. Hughes?
11 MS. HUGHES: The summary exhibit of property,
12 of real property, umm, we would ask that it be
13 stipulated to as far as Winston's separate property
14 is listed, Tanya's separate property includes the 23
15 Fortune Lane real property.
16 And, then, there are, in Tab 12, we have
17 three specifically numbered bate exhibits, which do
18 represent prior claims Tanya has made, two of them by
19 pleading in this case. We would ask that that be
20 stipulated to.
21 THE COURT: Well, let me take this one at a
22 time, again.
24 THE COURT: On the summary exhibit -- so you
25 stipulate that the property at 23 Fortune Lane

251
1 Newbury, New Hampshire, is Tanya's separate property?

2 MS. HUGHES: Yes.
3 MS. HATHAWAY: I actually take issue with
4 that, because, umm, he had actually made a bid on
5 property next to it and had -- umm, instead of me
6 putting money into my own home there he said that the
7 Philbrick home was a priority for the money from the
8 settlement and that we would take care of Newbury
9 later because -- when his house sold.
10 THE COURT: But you understand what they're
11 offering is to say that that property at 23 Fortune
12 Lane he's making no claim on it.
13 MS. HATHAWAY: Oh, he can make a claim on it.
14 THE COURT: Well, he's not. He's making no
15 claim on that property. So I'll accept that
16 stipulation.
17 MS. HATHAWAY: Well, it's a burden on me now
18 because of the decisions that I made based on him
19 being forced to put money somewhere where it didn't
20 belong. So it's become a burden to me.
21 THE COURT: Ma'am, if you have a financial
22 claim against him you're permitted to make that. So
23 at issue still is the Grove property, is that
24 correct?
25 MS. HUGHES: I would ask for a stipulation

252
1 that it was acquired prior to the marriage and that

2 it is separate property.
3 THE COURT: Ms. Hathaway, how about that?
4 MS. HATHAWAY: But I'd like to make a claim
5 based on assets that are part of it that might be
6 needed for -- I mean, yeah, absolutely, he had it
7 before the marriage. I helped him with it during the
8 marriage, umm, and, umm, I want to make sure that
9 those assets are -- are held out before any kind of
10 disbursements are made.
11 MS. HUGHES: Judge, we could stipulate as to
12 any assets, including all the insurance checks, any
13 proceeds that are at issue be held in escrow until
14 the Court has made a final decision as to attorney's
15 fees and any other pending money judgments.
16 THE COURT: If I understand you, she's
17 actually wanting to make a claim against that
18 property in the form of a lien. Is that what you're
19 saying?
20 MS. HATHAWAY: Uh-huh.
21 MS. HUGHES: We would stipulate that if there
22 were cash proceeds after the sale that we can put
23 those in escrow and hold those rather than have a
24 lien. A lien is just going to further impede my
25 client from being able to sell it.

253
1 THE COURT: How about that, Ms. Hathaway? The

2 request is that you would agree that this property
3 was purchased by Mr. Frost prior to your marriage.
4 That it was his separate property -- that it is his
5 separate property.
6 However, that you -- that all proceeds from
7 the sale of that property would be held in escrow to
8 resolve any money claims.
9 MS. HATHAWAY: That's fine. That's what I've
10 asked for all along.
11 THE COURT: Very well. The Court will accept
12 that stipulation. Anything else?
13 MS. HUGHES: Yes. We would ask for a
14 stipulation that, umm, on Frost 218, property that
15 was purchased to furnish Philbrick is listed and that
16 that was purchased prior to marriage by Mr. Frost and
17 that would be, umm, let me check the tab.
18 MR. FROST: Tab 9.
19 MS. HUGHES: Tab 9.
20 MS. HATHAWAY: I -- to hurry through quite a
21 few of these --
22 MS. HUGHES: That's fine.
23 THE COURT: Okay.
24 MS. HUGHES: On Petitioner's 219, there were
25 items in the house when it was purchased. This is --

254
1 we're requesting a stipulation that these items

2 listed on 219 were already in the house when it was
3 purchased.
4 MS. HATHAWAY: Umm ...
5 MS. HUGHES: I don't know if I'm saying that
6 quite right. We're asking for a stipulation that
7 these items were and are in Philbrick house and that
8 they are separate property.
9 MS. HATHAWAY: It says Sara's chair and small
10 bookcases were already in the Philbrick house?
11 MS. HUGHES: I didn't say it right. I'm
12 reading off the title. My client prepared this, so
13 it is a list of items he believes are separate
14 property.
15 MS. HATHAWAY: I understand some of them to
16 be, without a second doubt, but a lot of them
17 absolutely not.
18 MS. HUGHES: All right. That's fine. We'll
19 move on.
20 THE COURT: Okay.
21 MS. HUGHES: A stipulation, Tab 26, bates 439
22 through 446, umm, it's not actually in evidence today
23 before the Court. It's just, basically, a
24 stipulation that what's in Tulsa is -- is Mr. Frost's
25 and we don't even have to go through it because it's

255
1 already here.
2 MS. HATHAWAY: Well, I -- you know, I disagree
3 with that because, umm, Mr. Frost made several trips
4 loading his car and wouldn't let me see what was
5 going in it. And so, I'd like to know what those
6 items are because they could be personal items that
7 he moved. He refused to let me see what they were.
8 I know that he already had some things in
9 storage, but when he was loading up the car and I
10 went to look and see what was in it, he clicked it
11 and didn't let me in.
12 THE COURT: What page is that at?
13 MS. HUGHES: This is in Tab 26.
14 THE COURT: All right.
15 MS. HUGHES: And it's not --
17 MS. HUGHES: Yeah. If Ms. Hathaway wants to
18 take issue with items on this list, then, I won't
19 object to her doing so.
20 THE COURT: Sure.
21 MS. HUGHES: These are the items that are in
22 Tulsa at this time.
23 MS. HATHAWAY: Well, I guess I should look at
24 the list because it might be nothing that means -- or
25 I don't see the list.

256
1 THE COURT: It's at the very end of that

2 notebook, the last three pages.
3 MS. HATHAWAY: The three pages I see are
4 something that was denied to be added.
5 MS. HUGHES: And that's fine, Your Honor,
6 whatever you wish to do.
7 THE COURT: Well, I just --
8 MS. HATHAWAY: These pictures?
9 THE COURT: After the pictures. Do you see
10 something at the end?
11 MS. HATHAWAY: Okay. These are the things
12 that are -- is there?
13 THE COURT: Yes, that's what the claim is.
14 MS. HATHAWAY: Okay. I don't think this is a
15 problem at all. Let me just check the second one.
16 THE COURT: Sure.
17 MS. HATHAWAY: Okay. So this is petitioner
18 444, 445, and 446 I have no issue with that.
19 THE COURT: Very good. The items on
20 petitioner's 444, 445, and 446 are stipulated to be
21 the separate property of the petitioner.
22 MS. HATHAWAY: These are already in Tulsa,
23 right?
24 MS. HUGHES: Oh, yes.
25 MS. HATHAWAY: These are what you are claiming

257
1 is in Tulsa?
2 MS. HUGHES: They are in our possession, some
3 may be at Grove. I'm not positive.
4 MS. HATHAWAY: Okay. Great.
5 THE COURT: Okay. Anything else?
6 MS. HUGHES: On marital property at issue, if
7 we can stipulate to any of these it would save a
8 great deal of time in cross-exam or in direct exam.
9 Frost 238, Tab 12, it has an Exhibit C,
10 because it was previously filed as an exhibit. It is
11 a string of e-mails.
12 THE COURT: Okay.
13 MS. HUGHES: And if we can stipulate -- if
14 she's found it, it looks like this.
15 MS. HATHAWAY: 12?
16 MS. HUGHES: In Tab 12.
17 MS. HATHAWAY: My trip to Costa Rica?
18 MS. HUGHES: No.
19 THE COURT: At 238 there's an Exhibit C.
20 MS. HUGHES: It says Exhibit C at the top.
21 THE COURT: Yes.
22 MS. HUGHES: You're almost there. You're
23 almost there. Keep turning. There it is.
25 MS. HUGHES: And we just ask -- this has

258
1 already been admitted, so, for a stipulation that on

2 June 5th, 2014, at that time Ms. Hathaway stated that
3 from, what I had added up already it is almost
4 20,000. That isn't the steam shower or sauna and
5 things I took the liberty of doing for my healing and
6 health and hopes to integrate into a practice.
7 And we're just trying to get some time lines
8 on when she's made the certain amounts of claims and
9 for what, rather than go through the testimony. Just
10 ask for a stipulation that that was a true statement
11 at the time.
12 THE COURT: I see. So, the request is for you
13 to stipulate that as of June 5, 2014, the claim you
14 were making -- is this a claim on the Philbrick
15 property?
16 MS. HUGHES: Yes.
17 THE COURT: So that the claim on the Philbrick
18 property was almost $20,000, not including the steam
19 shower or sauna for things that you took the liberty
20 of doing for your health and healing. And so they're
21 asking if that amount was correct as of that date?
22 MS. HATHAWAY: No. No. There was -- there
23 was much more and we had started going over the
24 receipts and there was cash payments and, then, there
25 was ongoing projects. So that cannot be a basis,

259
1 whatsoever.
2 MS. HUGHES: Well, Your Honor, I think what I
3 asked for was a stipulation that it was a true
4 statement.
5 THE COURT: Yes.
6 MS. HUGHES: And whether she stated it.
7 THE COURT: Right. Was this a true statement
8 as of that date?
9 MS. HATHAWAY: It was a true statement -- it
10 was a -- it was a guess as of that date --
11 THE COURT: Okay. I will allow you to --
12 MS. HATHAWAY: -- is what it was.
13 THE COURT: -- we'll work through that.
14 MS. HUGHES: Okay. The next page behind that.
15 THE COURT: Yes.
16 MS. HUGHES: As of, I think it was March 25th,
17 2015, that we appeared on the Dr. Phil Show and this
18 is a screen shot that Tanya's claim was that Winston
19 did not reimburse Tanya for 35 to $40,000 for work on
20 the house.
21 I'd like a stipulation that that's what the
22 Dr. Phil Show claimed and that's what she had told
23 the Dr. Phil Show that day.
24 MS. HATHAWAY: And the words that were
25 continued in that were pre-separation.

260
1 MS. HUGHES: Well, then, we don't have a

2 stipulation.
3 THE COURT: Okay.
4 MS. HUGHES: One other stipulation would just
5 be that Tanya filed a pauper's affidavit in this
6 matter on April 6, 2015. And I'd ask the Court to
7 take judicial notice of that pauper's affidavit.
8 THE COURT: Where is that?
9 MS. HATHAWAY: It's the same tab.
10 MS. HUGHES: Is it in the same tab?
11 MS. HATHAWAY: Well, the pictures of my trip
12 are, umm, so is...
13 THE COURT: Is it Tab 13? There's some Court
14 documents, 251 and 254.
15 MS. HUGHES: Yes. Yes. Thank you, Your
16 Honor.
17 MR. FROST: Your Honor, it also continues on
18 256 and 257.
19 THE COURT: The pauper's affidavit at 253 and
20 254, appears that that's one made in New Hampshire.
21 Was that submitted here?
22 MS. HUGHES: There was -- I believe there was
23 one in -- yes.
24 MR. FROST: Yes, Your Honor, if you look at
25 the case number on it, it's the case number of this

261
1 case, the FD-14-1476.

2 MS. HUGHES: There is a different one that was
3 submitted to New Hampshire and that's not the one I'm
4 asking.
5 MS. HATHAWAY: That was right after I tried to
6 go back to work after my car accident. So, you know,
7 unfortunately, it didn't work out. So I don't know
8 why you're bringing the New Hampshire pleading --
9 MS. HUGHES: We're not. We're looking at the
10 Tulsa one. I think I directed the Judge to the wrong
11 one, it's 253 and 254.
12 MR. FROST: And, Michon, there's an addendum
13 that goes on to 257 that was part of that affidavit.
14 MS. HATHAWAY: I don't even know where we are.
15 What tab are you in?
16 MS. HUGHES: We're in 13. We're not asking
17 the Court to -- we're not asking for stipulations
18 about the ...
19 THE COURT: So are you asking for a
20 stipulation that the -- you're just asking me to take
21 judicial notice of it?
22 MS. HUGHES: Yes, I am.
23 MS. HATHAWAY: And I'll have to make a comment
24 on that --
25 THE COURT: Okay.

262
1 MS. HATHAWAY: -- the pauper's affidavit.

2 THE COURT: Yes.
3 MS. HATHAWAY: Okay. I think it's referring
4 to the fact that I filed a pauper's affidavit. I
5 disclosed that I had prepaid almost a year ago for
6 vacation for my sons and myself on it. I disclosed
7 that. I disclosed everything.
8 I was so -- so I was denied. So what's the
9 big deal? I mean, I disclosed and I was denied. I'm
10 honest. What am I going to do? I was denied.
11 So why is that supposed to take judicial
12 notice? I told my -- I sold my tractor to pay for --
13 to pay for, umm --
14 MS. HUGHES: Judge, if I can just reserve
15 argument for closing.
16 THE COURT: I'll allow you to reserve argument
17 for closing and inasmuch as it is a pleading in the
18 case I will take judicial notice of all pleadings.
19 MS. HUGHES: The only other pleading was an
20 Emergency Ex Parte filed December 4th of 2014 by Ms.
21 Hathaway. And without taking the time to do it right
22 now, we would just ask the Court to take judicial
23 notice that at that time, December 4th, 2014, she
24 also made a claim as to how much had been invested in
25 the property.

263
1 THE COURT: Where will I find that?

2 MS. HUGHES: Umm, I have my pleadings in a
3 binder.
4 THE COURT: That's okay.
5 MS. HUGHES: The document is titled -- it was
6 filed December 4, 2014. It is titled Response to
7 Emergency Ex Parte Application for Temporary
8 Injunction. I believe the Court docket left off the
9 words "response to".
10 THE COURT: What is the date of that pleading?
11 MS. HUGHES: It was filed December 4, 2014.
12 THE COURT: Okay.
13 MS. HUGHES: And that at paragraph 27 --
14 THE COURT: Uh-huh.
15 MS. HUGHES: -- umm, we'd like the Court to
16 take judicial notice that Ms. Hathaway plead, "After
17 the marriage, despite the plaintiff's house selling,
18 plaintiff refused to restore any of that money, even
19 after jointly reviewing bills related to the house
20 paid by respondent and filing approximately $25,000
21 worth of money paid by respondent together when
22 plaintiff first moved to New Hampshire over the
23 summer with the knowledge that those bills were not
24 even indicative of all of them because the online
25 receipts has not been paid yet."

264
1 And I'm just trying to save time on trying to

2 go through this on cross.
3 MS. HATHAWAY: Right, that's what I mean, that
4 that was just what we had right in front of us.
5 THE COURT: Okay.
6 MS. HUGHES: Just asking the Court to take
7 judicial notice of that.
8 THE COURT: As I said, I'll take judicial
9 notice of all pleadings, including the pauper's
10 affidavit and the response to the emergency -- what
11 did you call it? I'm sorry.
12 MS. HUGHES: It was the Emergency Ex Parte
13 Application For Temporary Injunction.
14 THE COURT: Filed 12-4-14. Okay. Thank you.
15 Anything else?
16 MS. HUGHES: Sure. Umm, that the Petition for
17 Divorce in this matter, the Automatic Temporary
18 Injunction attached to it, all were served July 3rd,
19 2014, personally upon respondent. We would ask that
20 be stipulated, that date.
21 THE COURT: Do you agree with that?
22 MS. HATHAWAY: That it was personally served,
23 umm, yes, it was.
24 THE COURT: And what is that date again,
25 please?

265
1 MS. HUGHES: July 3rd, 2014.

2 THE COURT: Thank you. Anything else?
3 MS. HUGHES: We would ask for a stipulation
4 that petitioner first requested relief for a
5 Temporary Order on July 11th, 2014.
6 THE COURT: That the -- no, that's just a part
7 of the pleadings in the file, isn't it?
8 MS. HUGHES: It is. And the next stipulation,
9 or, umm, request for judicial notice should help
10 explain the relevance of that.
11 The, umm, order that this Court made on
12 April 6, 2015, ordered that both parties would be
13 responsible for their own utilities dating back to
14 July 11, 2014 --
15 MS. HATHAWAY: Well, Your Honor --
16 MS. HUGHES: -- that being the date --
17 THE COURT: Just a minute. Let me write this
18 down and, then, I'll give you a chance to respond.
19 So there was a Temporary Order in connection
20 with that application and what was the date of the
21 Temporary Order?
22 MS. HUGHES: The Temporary Order was ruled on,
23 on April 6th. It was not filed until May, umm, I
24 have to look again.
25 THE COURT: Is that --

266
1 MS. HUGHES: This was the one we amended

2 yesterday.
3 THE COURT: Yes. I recall looking at that.
4 MS. HUGHES: May 29th, 2015.
5 THE COURT: Okay. That's the date that
6 Temporary Order was filed?
7 MS. HUGHES: Yes.
8 MS. HATHAWAY: That was the temporary --
9 petitioner's application for Temporary Order, right,
10 July 11th, 2014?
11 MS. HUGHES: Uh-huh.
12 MS. HATHAWAY: Okay. Your Honor, umm, it's an
13 invalid -- it's an invalid, ahh, Petition for
14 Application for Temporary Order. It's got an invalid
15 notary. So please, please take notice of that. It's
16 invalid.
17 MS. HUGHES: Judge, I didn't use my notary
18 stamp on that, just for the record.
19 MS. HATHAWAY: And you notarized your own --
20 MS. HUGHES: No.
21 MS. HATHAWAY: Yeah.
22 MS. HUGHES: I believe she's made this claim
23 on her contempt as well.
24 MS. HATHAWAY: Yeah. Attorney -- this is your
25 signature. This is your signature.

267
1 MS. HUGHES: Tanya, this is the same thing

2 that you do when you write the city and state.
3 THE COURT: Just a moment.
4 MS. HUGHES: I'm sorry.
5 MS. HATHAWAY: You're supposed to have a
6 notary.
7 THE COURT: Just a moment. At Tab 4 there is
8 a Temporary Order filed, May 29, 2015 --
9 MS. HUGHES: Yes.
10 THE COURT: -- from a hearing held on April 6,
11 2015.
12 MS. HUGHES: Yes.
13 THE COURT: That is a part of the Court file.
14 MS. HUGHES: Yes.
15 THE COURT: And as I said I'll take judicial
16 notice of that along with all pleadings.
17 MS. HUGHES: I would ask that prior to the
18 April 6th trial it be stipulated that there were two
19 prior hearing dates where testimony was taken, umm,
20 in January and, again, in February.
21 MS. HATHAWAY: Your Honor, I'm asking to be
22 heard about invalid pleadings.
23 THE COURT: Yes, ma'am.
24 MS. HATHAWAY: An attorney does not -- is not
25 supposed to notarize her own pleadings and that's

268
1 exactly what we have here. It's not valid before the

2 Court.
3 THE COURT: Is that -- that's one of the
4 motions that you previously made, isn't it?
5 MS. HATHAWAY: Nope. That was only on the
6 first pleading. I'm drawing this to your attention
7 now.
8 MS. HUGHES: Judge, can I just respond for the
9 record?
10 THE COURT: Let me look at it so I know what
11 you all are talking about.
12 MS. HUGHES: It's the July 11 Application for
13 Temporary Order.
14 THE COURT: Do we have that file?
15 CLERK: Yes, we do.
16 MS. HUGHES: I have a copy of that in my
17 pleadings, I think.
18 CLERK: This is Volume 1, so it should be in
19 this one.
20 THE COURT: Okay.
21 CLERK: I can just print it if that would be
22 easier.
23 THE COURT: I'll just look at it.
24 MS. HUGHES: I think Ms. Hathaway has a copy
25 of it with her.

269
1 MS. HATHAWAY: I have a copy right here.

2 THE COURT: Okay.
3 MS. HATHAWAY: There's two more false
4 pleadings here.
5 THE COURT: Well, we're just looking at one
6 thing at a time.
7 MS. HATHAWAY: Okay. Do you want the one for
8 temporary --
9 THE COURT: The Application for Temporary
10 Order was signed by counsel. There is an attorney's
11 verification and, so, tell me what the --
12 MS. HATHAWAY: The problem is it's a -- you're
13 not supposed to verify yourself as an attorney.
14 THE COURT: Okay. And Ms. Hughes?
15 MS. HUGHES: I -- umm, there's a new statute
16 that came out in 2013. My assistant was not present
17 that day. I did not use my notary stamp. I changed
18 it to write Tulsa, Oklahoma under the new statute
19 with the date and time. And I have signed it as a
20 Rule 4 verification.
21 Most of Ms. Hathaway's pleadings were signed
22 that way where she did not have them notarized. She
23 just signed where she was at the time, so ...
24 MS. HATHAWAY: Nope. That's not true. Mine
25 are all being verified the way the law says that they

270
1 need to be verified and I was in touch with

2 Oklahoma --
3 THE COURT: Okay, ma'am, you have to give me a
4 chance to rule on this. Your objection is overruled.
5 MS. HATHAWAY: Your Honor --
6 THE COURT: No, ma'am, the objection is
7 overruled. The next item?
8 MS. HUGHES: Just to clarify for the record as
9 to the dates that the Automatic Temporary Injunction
10 was lifted against Philbrick on April 6, 2015, per
11 the Court's order, umm, and that petitioner was
12 granted exclusive possession of Newbury on that date.
13 That would be -- oh, I was about to, ahh, I
14 was about to clarify, too, for the record, umm, that
15 there were two evidentiary hearings held prior to
16 April 6 that were full day evidentiary hearings
17 before Judge Keeley in which testimony was taken
18 about the Philbrick property, the matters of the
19 Temporary Order, and the second -- the second one I
20 was not present for. My client proceeded pro se on
21 the Protective Order matter. Both of those were
22 finalized on April 6, 2015. And that was the date
23 that Ms. Hathaway did not appear.
24 MS. HATHAWAY: And they were defaulted.
25 MS. HUGHES: Just making it clear for the

271
1 record.
2 THE COURT: Yes.
3 MS. HATHAWAY: For the record those are being
4 appealed Motions to Vacate regarding summary
5 judgment. Also --
6 THE COURT: The -- yes, ma'am. I didn't mean
7 to interrupt you. Did I interrupt you?
8 MS. HATHAWAY: No -- well, for the record that
9 that's being appealed as well as allowing false
10 notaries that have been verified by the Oklahoma
11 Notary Association that indeed what was done is not
12 legal.
13 And so, I'd ask that you provide proof of
14 that statute that allows you to go ahead and sign any
15 old notary that you sign that you want to have
16 signed. I --
17 THE COURT: Ma'am. Ma'am, I have already --
18 MS. HATHAWAY: Where's the statute?
19 THE COURT: -- Ma'am, I have already ruled on
20 that issue. We're moving forward.
21 MS. HATHAWAY: I will have to challenge it.
22 THE COURT: I have taken judicial notice of
23 all pleadings, including the Temporary Order, and the
24 specific reference here is to, actually, paragraph
25 of that order says, "The Temporary Order hearing

272
1 began on the 5th of January, 2015, and was continued

2 to today, the 6th day of April, 2015, in conjunction
3 with the Petitioner's Protective Order hearing.
4 And then paragraph 6 says, The respondent
5 failed to appear at this hearing today, on the 6th
6 day of April, 2015, by 9:00 o'clock a.m., and the
7 hearings were concluded on the record."
8 And then the rest of those orders I will take
9 judicial notice of, that entire Temporary Order.
10 MS. HATHAWAY: And they have been challenged
11 that they are Motions to Vacate.
12 THE COURT: Yes, ma'am. Anything else?
13 MS. HUGHES: Yes, Your Honor. For the record
14 I'd like a stipulation that our pretrial exhibits
15 were mailed and delivered to Ms. Hathaway about 4:29
16 on March 31st. They were mailed out on March 29th
17 overnight -- by overnight delivery, but the overnight
18 delivery was not able to deliver directly to her
19 home. They were received on March 31st.
20 I'd just like a stipulation for that on the
21 record and they are the same exhibits contained in
22 Tabs 1 through 25.
23 THE COURT: Is that correct, Ms. Hathaway?
24 She's asking you to stipulate to the date on which
25 you received --

273
1 MS. HATHAWAY: I received it on the 31st.

3 MS. HUGHES: We'd also like a stipulation that
4 we did comply with the Court's order. We mailed,
5 March 23rd, by overnight USPS the Pretrial Order and
6 all of our discovery responses that were received
7 March 28th, 2016, in Springfield, New Hampshire,
8 individually picked up.
9 THE COURT: Do you agree?
10 MS. HATHAWAY: I'm sorry. Can you repeat
11 that?
12 MS. HUGHES: Umm, March 31st -- I'm sorry,
13 March 28th, 2016, even though we had mailed it
14 March 23rd and this is, I guess I could just ask: Is
15 there anything about this that you would deny on this
16 exhibit as far as the dates that we mailed it,
17 March 23rd, and that you did pick it up March 28th
18 because it has to go to the post office and they
19 can't deliver personally to your home and that was
20 the pretrial requirements -- pretrial order and
21 the --
22 MS. HATHAWAY: You have my signature that I
23 picked that up? If you got my signature then, sure,
24 I did.

274
1 MS. HATHAWAY: Did you get my signature that I

2 picked that up?
3 MS. HUGHES: Yes. We did.
4 MS. HATHAWAY: You did?
5 MS. HUGHES: Would you -- do you have any
6 objection to just admitting this?
7 MS. HATHAWAY: No.
8 MS. HUGHES: Okay. Your Honor, there's no
9 objection to just admitting these documents for the
10 record.
11 THE COURT: Very well. We'll show that as ...
12 MS. HUGHES: Probably be 27.
13 THE COURT: Your Exhibit 27. Next?
14 MS. HUGHES: One more stipulation while we're
15 at it. I'd like a stipulation that Mr. Frost lost
16 his employment in April of 2015 at Oral Roberts
17 University, was terminated, and, umm, I'd like a
18 stipulation as to the exact date. I think that might
19 be relevant.
20 THE COURT: Ms. Hathaway?
21 MS. HATHAWAY: Umm, no. I don't agree. I
22 don't agree.
23 THE COURT: Okay.
24 MS. HUGHES: That's okay. That narrows down
25 my direct examination greatly, Your Honor.

275
1 THE COURT: All right.

2 MS. HUGHES: Should I proceed?
3 THE COURT: Yes.
4 MS. HUGHES: Okay.
5 Q. (BY MS. HUGHES) Mr. Frost, can you explain what
6 the electric bills, Tab 5, can you explain what those
7 represent?
8 A. Yes. That was the amount of the billing that was
9 generated after I left the property, but the account
10 remained in my name and -- until the summary judgment
11 and we were able to lift the ATI I could not remove
12 my name from the electric bills.
13 Q. Okay. And what is the status of the electric
14 bill now? Is it still in your name?
15 A. No.
16 Q. It's not now?
17 A. No.
18 Q. Okay. Do you know or have you received any
19 electric bills in the 2016 year?
20 A. No.
21 Q. So you do not know how much money might be
22 outstanding?
23 A. I do not.
24 Q. Okay. What is the status of the 4,155.76? How
25 much have you paid on that, if any?

276
1 A. It has not been paid.

2 Q. Okay. And was any of that incurred after -- let
3 me ask you this: Was any of the bill incurred prior
4 to July 3rd, 2014?
5 A. No.
6 Q. Okay. Umm, and is it your understanding that
7 this entire bill would be attributable to Ms.
8 Hathaway living there?
9 A. Yes.
10 Q. And are you asking the Court to award this debt
11 to Ms. Hathaway?
12 A. Yes.
13 Q. All right. Let's turn to the summary exhibit,
14 property chart, in front of the binder.
15 A. Yes.
16 Q. And I'd like to talk about property that was
17 furnished -- was purchased prior to the marriage,
18 Tabs 218 and 219 -- I'm sorry not tabs, bate numbers,
19 218 and 219 and those are in Tab 9.
20 A. Yes.
21 Q. Is there anything on these two lists, on these
22 two pages, that was acquired after the marriage that
23 you can remember and if you want to take a moment to
24 look at this.
25 A. No. These were all acquired prior to the

277
1 marriage.
2 Q. Okay. And are you asking the Court to award this
3 property to you?
4 A. Yes.
5 Q. And where is this property at this time?
6 A. It's in the Philbrick -- it's in the Philbrick
7 home.
8 Q. Do you have any reason to believe that it's been
9 sold or anything happened to it?
10 A. On the items on this list, no, but there have
11 been items sold. Yes.
12 Q. Okay. What items are you referring to that have
13 been sold?
14 A. I know from looking on Craig's list she sold the
15 washer and dryer. She sold, umm -- she had my rugs,
16 runners for sale. She also had family heirlooms for
17 sale, a collection of bicentennial plates that were
18 given to me by my parents when I was at the Air Force
19 Academy.
20 Q. Do you have any monetary value that you would
21 attribute to those items? Let me do this, turn to
22 Tab 20, please.
23 Under Tab 20 do you see petitioners -- let's
24 just go through the tab one by one. I'm going to
25 back up a little bit. It might make it easier for

278
1 the Court.
2 MS. HUGHES: I'm going to ask for a
3 stipulation that the Philbrick property has been
4 rented as a bed and breakfast during the time period
5 that this divorce has been pending.
6 THE COURT: Ms. Hathaway, do you stipulate to
7 that?
8 MS. HATHAWAY: Not a bed and breakfast.
9 THE COURT: Okay.
10 MS. HUGHES: I would amend my request for a
11 stipulation that it has been rented in some capacity
12 to third parties.
13 MS. HATHAWAY: Some rooms have been rented
14 from time-to-time.
16 MS. HUGHES: I might be able to cut to the
17 chase, too, and just ask how much income Ms. Hathaway
18 has received if she'd like to go ahead and --
19 THE COURT: Well, let's let, Mr. Frost --
20 MS. HATHAWAY: I think that's already in
21 discovery with Vaughn.
22 THE COURT: Let's go ahead with Mr. Frost,
23 please.
24 MS. HUGHES: All right.
25 Q. (BY MS. HUGHES) On Petitioner's 301, two pages

279
1 back, through Petitioner's 318, Mr. Frost, are these

2 the items that you are referring to were sold?
3 A. These are the items that were on Craig's list.
4 Yes.
5 Q. Okay. You don't know the disposition of them at
6 this time?
7 A. I do not.
8 MS. HATHAWAY: Where are we?
9 MS. HUGHES: Still in Tab 20.
10 Q. (BY MS. HUGHES) Do you have a monetary value
11 that you would attribute to these items? Would you
12 agree with the value that is on them as far as the
13 Craig's list amount?
14 A. No. I would not.
15 Q. Okay. Would you tell the Court which ones that
16 you -- you believe are under valued?
17 A. The area rug was an eight by twelve area rug.
18 She was selling it for $125 and it is a 350 to $400
19 rug.
20 Q. Okay. Continuing on -- that would be -- you're
21 talking about the one at 311, Petitioner's 311?
22 A. Yes.
23 Q. Okay. Petitioner's 312, is that a different rug
24 or the same rug?
25 A. It is a -- it is a runner that matches the rug

280
1 that we talked about previously. It's, you know, in

2 the same pattern and same colors.
3 Q. Oh, I'm sorry. Mr. Frost are you on 313?
4 A. Yes.
5 Q. Okay. 313.
6 A. 313 is the runner that matches the prior -- the
7 previous rug.
8 Q. Okay. And what's your -- your belief of that
9 value?
10 A. Again, I believe it's under valued by at least a
11 hundred dollars.
12 Q. So you would ask that the Court award $200 to
13 you --
14 A. Yes.
15 Q. -- for this rug?
16 MS. HATHAWAY: You can just have the rugs.
17 They weren't -- they weren't sold.
18 And for the record, umm, Judge Keeley told me
19 when I applied for the pauper's affidavit, you go
20 right ahead and you sell whatever you need to. I
21 said, but I can get in trouble. He said, you sell
22 whatever you need to, so ...
23 MS. HUGHES: I'll object as hearsay.
24 MS. HATHAWAY: Well, I'm just telling you, but
25 they weren't sold, so ...

281
1 THE COURT: And there will be an opportunity

2 for you to testify about that. Thank you.
3 MS. HATHAWAY: Okay. Thank you.
4 Q. (BY MS. HUGHES) Is there anything else in this
5 tab that you believe is under valued?
6 A. She sold the dryer for $50 and I believe the
7 dryer would be worth significantly more than that,
8 $175 to $200.
9 Q. Okay. What about Petitioner's 315? This is
10 still the dryer. I think some of these are
11 duplicated. Petitioner's 316.
12 A. The decorative wolf shelf I paid $25 for it.
13 Q. Petitioner's 317?
14 A. The collectors plates I have not looked to see
15 what the value is, but the value -- the true value
16 was these were for the bicentennial when I was at the
17 Air Force Academy and were given to me by my parents.
18 My father --
19 Q. What is the value to you?
20 A. I mean, they're priceless to me because they were
21 given to me by my deceased father who was a colonel
22 in the Air Force and this was something they gave me
23 as a gift while I was still at the academy.
24 Q. All right. And, umm, are you aware of whether
25 they were sold?

282
1 A. I am not.
2 Q. All right. How much would you ask the Court to
3 award you if these were sold?
4 A. It's hard for me to put a price on them, but I
5 mean, if, you know, if I had to say -- I haven't
6 looked to see what the value is.
7 Q. Let me ask you this, Mr. Frost, what would you
8 have sold them for, and don't say they're priceless.
9 What you would have sold them for if somebody offered
10 you money?
11 A. I would have probably sold the set for, you know,
12 $500.
13 Q. Thank you. And when -- when you -- when did you
14 first become aware that Ms. Hathaway was making
15 changes to the property or repairing it?
16 A. In January of 2014.
17 Q. All right. How did you become aware?
18 A. I believe she sent me e-mails telling me what she
19 was doing, but because the e-mails had been deleted
20 off my computer I was able to find one where I
21 responded to her --
22 Q. Okay, without telling me that, just tell me
23 what -- how you became aware. Is it by e-mail?
24 A. I believe so. Yes.
25 Q. Okay. At that time did you give her any specific

283
1 instructions on what you would like done with the

2 property, if anything?
3 A. Well, I told her not to do things without
4 checking with me first.
5 Q. Okay. And then when was the next time you told
6 her that?
7 A. In March.
8 Q. And what did you say in March?
9 A. When I got there and there were changes to the
10 property that I hadn't authorized or agreed with I
11 reminded her that the property belonged to me.
12 Q. What happened after you said that?
13 A. That's when she threw me out.
14 MS. HATHAWAY: This is hearsay. Can I object?
15 THE COURT: You may object.
16 MS. HATHAWAY: Okay. I'm objecting to --
17 THE COURT: You're objecting as hearsay?
18 MS. HATHAWAY: I'm objecting as to what he's
19 saying as hearsay that he is telling me to stop.
20 THE COURT: Okay. Okay. Overruled.
21 Q. (BY MS. HUGHES) And you contend she threw you
22 out of the house. Was this Spring Break 2014?
23 A. Yes.
24 Q. All right. And what happened after -- do you
25 recall what you did after she threw you out of the

284
1 house?
2 A. I got in the car and it was a -- I could barely
3 see because of the storm. So I got as far as
4 Hanover, stopped for the night, it was a Thursday
5 night.
6 Q. Did you return back to the home after that in
7 March?
8 A. No.
9 Q. Okay. Did you come back to work?
10 A. Yes.
11 Q. All right. Umm, how far is Hanover from
12 Springfield?
13 A. About 17 miles.
14 Q. Okay. Snow blizzard?
15 A. Yes.
16 Q. All right. And to clarify for the Court, the
17 fight was over, umm, the changes that Ms. Hathaway
18 has made to the house in addition to anything else?
19 A. Yes.
20 Q. What else?
21 A. Additionally, she was, ahh, asking me about --
22 she was going -- she went through -- was looking over
23 my computer, went back five years and was asking me
24 about every contact.
25 Q. Okay. So there was --

285
1 A. There were other issues, but ...

2 Q. Was she also upset that you hadn't put her name
3 on the deed yet?
4 A. Yes.
5 Q. Okay. Following that was there another
6 opportunity that you, specifically, instructed Ms.
7 Hathaway not to make changes to the house?
8 A. Yes.
9 Q. When?
10 A. After I left -- after I left the house there were
11 a series of texts that went back and forth and I told
12 her not to make any further changes to the property,
13 not to do anything further.
14 Q. Okay. What was your concern about the changes
15 she was making to the property?
16 A. They were not in line with what we had agreed
17 upon.
18 Q. All right.
19 A. And also she was wanting to do a lot of the labor
20 herself and she did -- was doing a substandard job.
21 The tile that was put into the boys' bathroom, she
22 put tile everywhere, you know, five different kinds
23 of tiles in the bathroom.
24 Also, she was working in changing the drainage
25 and somebody had taken a sledge hammer and broken a

286
1 hole in the foundation of the house for drainage

2 purposes.
3 Q. Okay. What about the nature of the property?
4 Umm, was there ever a dispute as to whether it should
5 be a single family dwelling?
6 A. Yes.
7 Q. What was that dispute?
8 A. Well, I -- I -- my idea in purchasing it was to
9 turn it into a single family so that we could -- it
10 could be flipped as a single family home.
11 Q. Why?
12 A. Because it would have more value.
13 Q. In your perspective?
14 A. Yes, from my perspective.
15 Q. All right. And at some point in the process of
16 this divorce did you ask the Court for relief to
17 enjoin Ms. Hathaway from changing it fully into a bed
18 and breakfast?
19 A. Yes. We asked the Court for an emergency
20 injunction because she was continuing to work on the
21 property.
22 Q. Okay. Do you recall the date that we asked for
23 that injunction?
24 A. August 21st, I believe.
25 Q. Of what year?

287
1 A. 2014.
2 Q. All right. And do you recall whether that was
3 ordered or denied?
4 A. The application was denied.
5 Q. Okay. And do you recall that --
6 MS. HUGHES: Umm, and I guess I would ask the
7 Court to take judicial notice that it was denied by
8 Judge Keeley, first on the grounds that we had failed
9 to follow, umm, the notice procedure Rule CV4, I
10 think.
11 And we did refile it after that and it was
12 again denied. And that we would ask the Court to
13 take judicial notice it was denied because the Court
14 said the Automatic Temporary Injunction already
15 prohibited this.
16 THE COURT: Let me take a look at that, again,
17 while we're talking about it. You say August ...
18 MR. FROST: I believe it's 24th, Your Honor.
19 MS. HUGHES: I think it was officially denied
20 January 5th. I can find it really quick, January 9.
21 Yes. It was denied on January 9 and the Court
22 drafted its own order. Umm, on January 13, it filed
23 its Order Denying Ex Parte Application for Temporary
24 Injunction.
25 THE COURT: The Court takes judicial notice of

288
1 the Order Denying Ex Parte Application for Temporary

2 Injunction of January 13, 2015, which says, among
3 other things, "The Court notes that the Automatic
4 Temporary Injunction enjoins parties from" -- excuse
5 me -- let me go to the next paragraph.
6 "The Automatic Temporary Injunction already
7 addresses that the parties refrain from damaging or
8 destroying property of the other, see 43 OS 110(1)
9 accordingly an order already exists contemplating
10 relief sought." Thank you.
11 MS. HUGHES: And I should have pointed this
12 out to the Court, that was in Tab 24, both our
13 application and that order.
14 Q. (BY MS. HUGHES) And, Mr. Frost, at some point
15 did you explain to Ms. Hathaway that you simply could
16 not afford to make the changes that she was wanting
17 to make?
18 A. I received a series -- yes.
19 Q. Thank you. Do you recall when that was?
20 A. I don't recall the exact date, but I received a
21 series of texts from the contractor telling me that
22 she was going to put a $40,000 apartment in the barn
23 and ...
24 Q. Was this after the divorce was filed?
25 A. Yes.

289
1 Q. Do you recall was it in the summer?

2 A. I believe it was towards -- in the fall.
3 Q. Of what year?
4 A. 2014.
5 Q. All right. And did you agree with that change
6 being made after this divorce was filed?
7 A. No.
8 Q. Okay. On the Tab 19.
9 A. Yes.
10 Q. Before I ask about this let me ask one more
11 question: So, umm, would you agree that an
12 appropriate cut off date for -- what would you
13 believe would be an appropriate cut off date as far
14 as a date when you no longer wanted any changes or
15 improvements made to Philbrick?
16 A. I believe the cut off date should be July 3rd.
17 Q. Okay. Of what year?
18 A. 2014.
19 Q. Okay. Do you believe that's an equitable cut off
20 date, sir?
21 A. Yes.
22 Q. If you would look at Tab 19. Tab 19 being
23 previously admitted.
24 These are -- this is the insurance money that
25 has not yet been deposited, is that correct?

290
1 A. Yes.
2 Q. And do you know the whereabouts of the checks
3 that are reflected?
4 A. I believe -- I believe our office has the check
5 that was sent to me and Ms. Hathaway has the check
6 that was sent to her.
7 Q. Which check was sent to you?
8 A. The smaller of the two checks. I believe it was
9 $1,800.
10 Q. Okay. And is that the first one in Tab 19?
11 A. Yes, I'm sorry, 1706.
12 Q. All right. That would be check number 633263?
13 A. Yes.
14 Q. What is the status of that check?
15 A. It has not been cashed.
16 Q. Okay. And on the next page that shows that it
17 has not yet been endorsed either?
18 A. No.
19 Q. All right. What are you asking the Court to do
20 with that check?
21 A. To have Ms. Hathaway sign that check and give it
22 to me so I can -- I can cash it.
23 Q. Okay. And what would you like to do with the
24 funds?
25 A. Put them into fixing the property.

291
1 Q. Fixing what about the property?

2 A. The furnace.
3 Q. What's wrong with the furnace?
4 A. I don't know.
5 Q. Okay. Why do you think there's something wrong?
6 A. Because Ms. Hathaway has told me the furnace is
7 not working.
8 Q. And why does the furnace need to be working?
9 A. So that the house can have heat.
10 Q. Why does it need heat?
11 A. Well, she's renting it out to people.
12 Q. Okay. Sir, let me just ask you, what do you plan
13 to do with the house?
14 A. So the house can be sold. So the house is
15 saleable.
16 Q. All right. How long have you wanted to sell the
17 house?
18 A. Essentially since we separated.
19 Q. Okay. Umm, when's the last time you saw the
20 house?
21 A. July 3rd.
22 Q. Of ...
23 A. 2014.
24 Q. Have you seen pictures of the house?
25 A. Yes.

292
1 Q. Okay. What have you seen? Just what's produced

2 in the binder?
3 A. Just what's produced in the binder. I've seen
4 the Air B and B listings, the Craig's list listings
5 and also the photographs that were produced by the
6 insurance company.
7 Q. And you don't, actually, know if the heat is
8 working or not working. You're basing that off of
9 testimony?
10 A. Yes.
11 Q. Okay. On -- now, you do not have a copy of the
12 check for the 7394 in this binder. Why?
13 A. Because that check was sent to Ms. Hathaway.
14 Q. Okay.
15 MS. HATHAWAY: It was forwarded to you from
16 Attorney Vaughn.
17 THE COURT: Just a moment, ma'am. You may
18 proceed.
19 Q. (BY MS. HUGHES) And at this point, ahh, that
20 check still has not been deposited either. It's not
21 been endorsed or deposited?
22 A. No.
23 Q. As far as the 7394, do you have any idea what
24 that claim is based on? What property that claim is
25 based on?

293
1 A. It's the Philbrick Hill property.

2 Q. Uh-huh.
3 A. And it was based on a water damage claim after
4 the January hearing.
5 Q. Okay. When you say "after the January hearing",
6 are you saying the water damage happened at that
7 time, around that time, 2015?
8 A. Yes, in January 2015.
9 Q. All right. Have you any testimony to add about
10 the basis for the 7394?
11 A. Well, I believe the majority of the recovery was
12 for Rinnai heaters, which are wall-based heaters,
13 which are also part of the petitioner's claim for
14 improvements to the property.
15 Q. Okay. And what would be an equitable way to deal
16 with, in your opinion, the 7394.60?
17 A. To fix the furnace, which was broken by the, umm,
18 respondent.
19 Q. Do you have any idea how much it would cost to
20 fix the furnace?
21 A. I believe petitioner has said -- I'm sorry,
22 respondent has said it would be between eight to
23 10,000.
24 Q. When did she say that?
25 A. In one of the pleadings in this case. I believe

294
1 it was the motion to have the Court release the

2 money.
3 Q. Okay. And that was recently filed?
4 A. Yes.
5 Q. Are you employed, sir?
6 A. No.
7 Q. And what was the last date of your employment, if
8 you recall?
9 A. I believe it was the last day of April, 2015.
10 Q. Okay. Do you have health insurance at this time?
11 A. No.
12 Q. And when was the last time you had health
13 insurance?
14 A. As of the date of my termination.
15 Q. Okay. Have you had any offers to purchase
16 Philbrick or any conversations about it?
17 A. Yes.
18 Q. All right. And, umm, what is your testimony with
19 regard to the length this divorce has taken and the
20 cost, umm, that length of time has had on you
21 personally?
22 A. Well, for a six-month marriage the cost and time
23 has been exorbitant. There were no commingled
24 assets. We didn't have joint bank accounts. We
25 didn't have joint savings accounts.

295
1 The property was clearly -- the property in

2 her name remained in her name. The property in my
3 name remained in my name. And there was no reason
4 for this case to have gone on this long, absolutely
5 none.
6 Q. Okay. With respect to the Philbrick property,
7 specifically, how have you been damaged?
8 A. Well, I don't know the condition of the property
9 now. I don't know what has been left undone. I know
10 that there has, umm, she has told me there have been
11 three or four floods in the basement. She's changed
12 the drainage on it and, obviously, it's causing a
13 problem.
14 She has changed the character of the property
15 from being, you know, from being -- going towards
16 being a single family house to being a boarding house
17 or some type of rental.
18 Q. Okay. Now, you -- what is your testimony
19 regarding an amount -- if you could actually have an
20 amount of damages that this divorce has cost you
21 including your lost employment?
22 A. Well, the lost employment is close to 60 or
23 $70,000 --
24 Q. A year?
25 A. -- because of -- my salary was, umm, 50,000.

296
1 THE COURT: Just a moment. Was there a claim

2 in the Pretrial Conference Order for some kind of
3 lost income?
4 MS. HUGHES: Your Honor, most of this is
5 actually rebuttal so I could save it. I think it's
6 probably rebuttal at this point to any claims she's
7 making.
8 THE COURT: Okay. I see.
9 MS. HUGHES: And it actually will go more to
10 attorney's fees as well.
12 MS. HUGHES: So, if you want me to reserve any
13 testimony that goes towards attorney's fees I'm happy
14 to do that.
15 THE COURT: You may proceed with the
16 attorney's fees issue.
17 Q. (BY MS. HUGHES) Okay. Umm, in this matter are
18 you aware of how many documents have been filed by
19 Ms. Hathaway?
20 A. I believe it's over a hundred motions.
21 Q. Okay. And does that include any that were filed
22 by her counsel?
23 A. No.
24 Q. Okay. Are you -- yesterday you were handed
25 specific exhibits in Court --

297
1 A. Yes.
2 Q. -- that were admitted into evidence.
3 A. Yes.
4 Q. Are you aware of anyone in particular that's been
5 helping Ms. Hathaway draft documents?
6 A. Yes.
7 Q. Who is that?
8 A. Bill Windsor.
9 Q. All right. In your opinion do you believe that
10 the filings by Ms. Hathaway were reasonable?
11 A. No.
12 Q. Do you believe that -- what is your understanding
13 of why they were filed?
14 A. To, umm, create delay, clog the Court and prevent
15 this matter from going to trial.
16 Q. And why would she have an interest in doing that?
17 A. Based on my understanding that she was able to
18 stall a foreclosure for over eight years on the home
19 in Fortune Lane that she was trying to do the same
20 thing in this case.
21 Q. What does she gain by stalling?
22 A. Living in the property for free.
23 Q. Has she paid you rent?
24 A. No.
25 Q. Has she paid, umm, you any of the profits she's

298
1 made?
2 A. No.
3 Q. Has she disclosed what the profits were?
4 A. No.
5 Q. Umm, are you aware of whether people have
6 actually stayed at the bed and breakfast in
7 Philbrick?
8 A. Yes.
9 Q. And is that contained in our pretrial book?
10 A. Yes.
11 Q. I guess it's already been admitted. I had the
12 tab just a moment ago.
13 A. It's Tab 20.
14 Q. Have you seen reviews of people staying in the
15 bed and breakfast?
16 A. Yes.
17 Q. How many reviews are you aware of?
18 A. There are over 21.
19 Q. Okay. And how many times has --
20 MS. HUGHES: Well, I just ask the Court to
21 take judicial notice of how many times the pretrial
22 and trial were continued.
23 THE COURT: The record will reflect that and
24 the docket sheet.
25 Q. (BY MS. HUGHES) And, sir, have you been able to

299
1 pay all of your attorney's fees in this matter?

2 A. No.
3 Q. And do you recall the promise that your attorney
4 made to you at one point in this case?
5 A. Yes.
6 Q. Do you recall what that was?
7 A. That she would stick with the case no matter what
8 happens.
9 Q. Do you recall when that was? It's actually --
10 A. Been multiple times.
11 Q. It's actually in the pleadings in the transcripts
12 on the record as well.
13 And are you personally aware of whether this
14 has been absolutely overwhelming for your attorney?
15 A. Absolutely. It would be overwhelming for any law
16 office.
17 THE COURT: I don't know that that is relevant
18 to the issues.
19 MS. HUGHES: Of attorney's fees.
20 THE COURT: Oh, you said overwhelming, you
21 mean emotionally?
22 MS. HUGHES: No. No, I'm sorry, from a
23 document control standpoint.
24 THE COURT: I think that is going to have to
25 come with, ahh, a Burkes hearing.

300
1 MS. HUGHES: Okay. Sure.

2 Q. (BY MS. HUGHES) Can you afford to pay your
3 attorney if there is an appeal?
4 A. No.
5 Q. Do you have cash at your disposal?
6 A. No.
7 Q. How much money are you making right now?
8 A. Between 600 to 800 a month.
9 Q. And when do you make that?
10 A. It's through property management. So when the
11 rents are collected I get a percentage.
12 Q. Who are you working for?
13 A. I'm working for the family.
14 Q. Okay.
15 A. I am also seeking work and I have been -- I have
16 done so since leaving ORU.
17 Q. All right. So, would you, ahh, would you request
18 today on the record that Ms. Hathaway be required to
19 post a bond prior to any more pleadings or filing an
20 appeal?
21 A. Yes.
22 Q. What bond would you ask that she have to post?
23 A. A significant bond because of the, you know, the
24 cost of the appeal would be exorbitant.
25 Q. Well, I need a number, sir.

301
1 A. A ten -- a 10 to $20,000 bond.

2 Q. Okay. Umm, and would that also be a request you
3 could use the insurance funds to pay your attorney
4 for an appeal, if necessary?
5 A. Yes.
6 Q. If it was close to the $10,000 that we've already
7 discussed?
8 A. Yes.
9 Q. Okay.
10 MS. HUGHES: Your Honor, I believe I can rest.
11 THE COURT: Thank you. Let's take a lunch
12 break and come back at 1:30.
13 (End of proceedings.)
14
15
16
17
18
19
20
21
22
23
24
25

302
1 C E R T I F I C A T E
2
3
4 STATE OF OKLAHOMA )
) SS.
5 COUNTY OF TULSA )
6
7 I, Tami Morse, Official Court
8 Reporter, within and for the State of Oklahoma, do
9 hereby certify that on April 6, 2016, before the
10 Honorable Anthony Miller, in the District Court of
11 Tulsa County, State of Oklahoma, I reported in
12 machine shorthand the proceedings had and the
13 evidence given, and the above and foregoing is a
14 full, true, correct and complete transcript of the
15 proceedings had and testimony given, taken at said
16 time and place.
17 IN WITNESS WHEREOF, I have hereunto
18 set my hand and official seal this November 3, 2016.
19
TAMI MORSE, CSR-RPR
20 CERTIFIED SHORTHAND REPORTER
21
22
23
24
25

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221

1 IN THE DISTRICT COURT IN AND FOR TULSA COUNTY

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 for it, umm...

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 would not be allowed, or able to properly represent

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 record already for notary fraud. Two more that are

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 apparently, you've let them go.

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 THE WITNESS: Thank you, Your Honor.

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 that I got the, umm, the notebook and all the

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 pages, which I appreciate, but now I am faced with

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 Q. (BY MS. HUGHES) All right. This is the

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 Q. Okay. And you have a balloon payment to make in

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 pendency of the order you were to each pay your own

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 records. I have given you my records. I told you I

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 to allow all of your exhibits that have been

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 exhibits that are in the Respondent's Summary Exhibit

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 move forward today in this trial only on the issue of

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 MS. HATHAWAY: And then some.

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 followed through on it. It was a discharge. I never

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 So today we will move forward only on the

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 MS. HUGHES: Date of marriage being

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 utilities -- outstanding utilities on the Philbrick

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 THE COURT: The page -- Frost 108 shows a

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 on his bill. Umm, I also have, umm, 32 or $3,300 due

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 on the property right now, that's Tab 18. And Tab 18

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 to the marriage and part of it during the marriage

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 Newbury, New Hampshire, is Tanya's separate property?

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 that it was acquired prior to the marriage and that

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 THE COURT: How about that, Ms. Hathaway? The

DISTRICT COURT OF OKLAHOMA - OFFICIAL TRANSCRIPT

1 we're requesting a stipulation that these items