STATE OF NEW YORK, COUNTY OF ESSEX, SUPREME COURT
Marsha A. Finnan, Plaintiff v. Terence Finnan, Defendant
Index # 403-03 RJI No. 15-1-03-0167
Affidavit in regard proposed distribution of assets in motion submitted April 8, 2008
State of New York, County of Essex ss:
Terence Finnan, being duly sworn, deposes and says in regard proposed distribution of assets submitted April 8, 2008:
1. Terence Finnan demands to be allowed a hearing to contest the lies and perjury of Marsha Finnan concerning distribution. I was prepared and ready on April 10 and April 25, 2008. BUT, on April 10, 2008, I became ill with palpations, sweating, radiating pain and weakness and unable stand or to carry my bags of documents and was taken by ambulance to CVPH Hospital. See letter to Judges Plumadore and Ryan dated March 4, 2008.
2. It was perjury for Marsha to claim over one million dollars in inherited assets in her affidavit. Asadourian’s affidavit claiming $800,000.00 in inherited assets is also false. Terence Finnan knows this of his own personal knowledge, because he handled the finances in the marriage and the records prove it.
3. It was perjury for Marsha to claim, “(she) supported the Defendant and my family by myself.” Terence Finnan knows this of his own personal knowledge, because he handled the finances in the marriage and the records prove it.
4. It was perjury for Marsha to claim, “for him to insist that I receive no separate property is too outrageous to contemplate. Nevertheless, that was exactly his position and he never moved off it for even a moment.” I insisted on nothing, because I was not at that trial hearing. The court has my statement of Net Worth and Proposed Distribution before the court and they both contain separate property for Marsha of at least $70.000.00, plus other undetermined amounts.
5. The following is in regard to numbered assets on Marsha’s proposed disposition:
(Asset 1 and 2) : Terence Finnan denies that Marsha’s separate money was used to acquire the Keene property, since $60,000.00 of Terence’s separate money went into the acquisition of the property. Terence Finnan paid for supplies and did the following work on the Keene house. Marsha has admitted not knowing how the following was done:
A. Terence built and installed the entire interior of the house in Keene NY by himself.
B. Terence did all the electrical installation work at the marital house in Keene NY.
C. Terence did all the plumbing work at the marital house in Keene NY.
D. Terence did all the clearing of the site for the marital house in Keene NY.
E. Terence did all the installation of the insulation for the marital house in Keene NY.
F. Terence installed all the kitchen fixtures including cabinets, stove, dishwasher, garbage compactor, refrigerator, lighting fixtures, flooring, cabinet tops and all attached fixtures in the kitchen.
G. Terence installed all the bathroom fixtures in both bathrooms in the Keene marital house.
H. Terence installed all the electrical heating devices and the control panel in the house in Keene NY.
I. Terence installed all the windows in the marital house in Keene NY.
J. Terence built the deck for the house in Keene NY.
K. Terence twice painted the entire exterior of the house in Keene NY.
L. Terence transported and planted at least 40 trees over the height of 4 ft on the property in Keene NY.
M. Terence installed the connections to the water supply in the marital house in Keene NY.
N. Terence constructed the trails on the Keene NY property.
O. Terence graded the property in Keene NY prior to planting grass.
P. Terence built the dining room table in Keene NY.
Q. Terence installed all the ceiling wallboards in the marital house in Keene NY.
R. Terence painted the entire interior and installed wallpaper in all the rooms of the marital house in Keene NY.
S. Terence installed the telephone wiring in the house in Keene NY.
T. Terence installed the water heater in Keene NY.
U. Terence installed a water softener and an iron removal unit for the water in Keene NY.
V. Terence installed the washer and dryer in the marital house in Keene NY.
W. Terence replaced and repaired the damaged water pump in the well in Keene NY.
X. Terence installed a direct vent gas heater in the living/dining room of the house in Keene by installing the chimney and all gas lines and the heater.
Y. Terence drew up the architectural plans for the entire house in Keene NY
Z. Terence designed and installed the sewage system in Keene NY.
AA. Terence installed the cabinets and built-in work surface in the Keene NY marital house “office”.
BB. Terence designed the addition to the house and prepared the plans which were filed with the town of Keene for a building permit.
CC. Terence did almost all the work in the construction of the addition to the Keene NY house, except for some final work by a man claiming to be the husband of Susie Becker.
DD. Terence installed the steel foundation beams and the entire floor and all beams for the extension of the Keene house by himself.
EE. Terence did almost all the work on the extension of the house in Keene NY until Susie Becker’s husband was paid to assist.
(Asset 4): Vikki’s money is between Terence and Vikki since the money came from Terence’s separate property. There were never any baby gifts in cash for Vikki. Vikki maintained a separate account of her own for other gifts she received when she was older.
(Asset 5): This was titled in joint names and funded with marital earnings and property.
(Asset 8): This was never separate property because both Terence and Marsha Finnan were trustees of this account. In a prior motion, proof of this was presented and that proof is in Exhibit A with the sources of that money and the checks used to deposit that money.
(Asset 9): This was never separate property because both Terence and Marsha Finnan were trustees of this account
(Asset 10): This was never separate property because both Terence and Marsha Finnan were holders of this account
(Assets 16): This was never separate property because both Terence and Marsha Finnan were trustees of this account
(Assets 17,18,19,22 and 23): these are retirement assets accumulated during the marriage and must be divided equally.
(Asset 27); These debts are her separate debts from after she left the marital home.
(Other Undisclosed assets of Marsha Finnan are partially described in my Proposed Distribution. Others are revealed in the application for student aid filed by Marsha under the penalty of perjury and these include investments of $13,300 and a business worth $107,400. Other undisclosed assets are inheritances of $10,000 dollars half of which belong to Terence Finnan)
6. Terence Finnan has much more documentation, cancelled checks, applications, statements to counter all that Marsha Finnan might produce. She is a perjurer.
7. The issues of my health, my age and the distribution of retirement assets must be addressed.
Wherefore, the Defendant asks to be allowed a hearing to contest the lies and perjury of Marsha Finnan concerning distribution based upon the letter of April 4, 2008 to Judges Plumadore and Ryan.
______/s/________________
Terence Finnan
Sworn to before me this 5th day of April 2008 by Terence Finnan who acknowledges that he is the Defendant in the above-mentioned action and that he swore the contents of this affidavit are true under the penalty of perjury under the Laws of the State of New York
______/s/___________
Notary