the Estate of Francis W. Sinatra Jr. v. Cynthia Sinatra

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NO. 13-14-00565-CV FILED IN IN THE THIRTEENTH COURT OF13th APPEALS COURT OF APPEALS CORPUS CHRISTI/EDINBURG, TEXAS 3/5/2015 8:36:04 PM CORPUS CHRISTI, TEXASDORIAN E. RAMIREZ Clerk __________________________________________________________ FRANCIS W. SINATRA, JR., Appellant v. CYNTHIA SINATRA, Appellee __________________________________________________________ Appealed from the 329th Judicial District Court, Wharton County, Texas __________________________________________________________ APPENDIX TO APPELLANT’S BRIEF __________________________________________________________________ LYNN KURIGER STANTON WARREN COLE State Bar No. 11767600 State Bar No. 04549500 JENKINS & KAMIN, L.L.P. LAW OFFICE OF WARREN COLE TWO GREENWAY PLAZA, STE. 600 3355 W. ALABAMA, STE. 825 HOUSTON, TEXAS 77046 HOUSTON, TEXAS 77098 TEL: (713) 600-5500 TEL: (713) 275-4444 FAX: (713) 600-5501 FAX: (713) 400-9144 lstanton@jenkinskamin.com warren@warcolelaw.com ATTORNEYS FOR APPELLANT FRANCIS W. SINATRA, JR. atR~1-M. JUN 2 6 2014 NERISS1v;;;~E - NO. 46,184 DISTRICT ClERK, W~TEXAS By, . Deputy IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § CYNTHIA SINATRA § 329TH JUDICIAL DISTRICT AND § FRANCIS WAYNE SINATRA § WHARTON COUNTY, TEXAS FINAL llECREE OF DIVORCE On Ju1y 15 and 16, 2013 the Court heard the issue of the existence/non-existence of an informal marriage. The Court findin~ the parties were married pursuantto Tex. Fam. Code§ 2.401 is reflected in the Interlocutory Order-Common Law Marriage which was signed on August 12, 2013. A true and correct copy of said interlocutory order is attached hereto and incorporated herein for all purposes as Appendix A. On June 2 and June 3, 2014 the Court heard the remaining issues in this case. Appearances Petitioner, CYNTHIA SINATRA, appeared in person and through attorney of record, John C. Maher, Jr., and announced ready for trial. Respondent, FRANCIS WAYNE SINATRA, appeared in person and through attorney of record, Warren Cole, and announced ready for trial. Record The record of testimony was duly reported by the official court reporter for the 329th Judicial District Court Sherri Johnson Jurisdiction and Domicile The Court finds that the pleadings of CYNTHIA SINATRA are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving FinaiD..,...CLEAN (6.23-14) 193 evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed. The Court further finds that, at the time this suit was filed, CYNTHIA SINATRA had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was filed for the preceding ninety-day period. All persons entitled to citation were properly cited. Jury A jury was waived, and questions of fact and oflaw were submitted to the Court. Divorce IT IS ORDERED AND DECREED that CYNTHIA SINATRA, Petitioner, and FRANCIS WAYNE SINATRA, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability. Child of the Marriage The Court finds that there is no child of the marriage of CYNTHIA SINATRA and FRANCIS WAYNE SINATRA, and that none is expected. Division ofMarital Estate The Court finds that the following is a just and right division of the parties' marital estate, having due regard for the rights of each party. Property to FRANCIS WAYNE SINATRA IT IS ORDERED AND DECREED that FRANCIS WAYNE SINATRA is awarded the following as his sole and separate property, and CYNTHIA SINATRA is divested of all right, title, interest, and claim in and to that property: H-1. A undivided one-half (1/2) community interest in the property identified as 9706 2 Flnlllleaee CLEAN (6-23-14) 194 Hensel Road, Beverly Hills, California 90210, and 50% of the net proceeds from the sale of the following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents. "Net Proceeds" as used herein shall means the gross sales proceeds less all closing costs associated there with, including, but not limited to escrow fees, title insurance, broker commissions, transfer taxes, etc.: A certain described property located in the County of LOS ANGELES, of the State of California: LOT 9 OF TRACT NO. 21845, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 619, PAGES 83 AND 84 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; Also more commonly called 9706 Hensel Road, Beverly Hills, California 90210. H-2. The Court conflrms a 50% undivided separate property interest in the following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents: LOT FIVE (5), LESS, SAVE AND EXCEPT THE NORTHWEST 12' THEREOF BEING LOT FIVE (5) OF THE RESUBDIVSION OF LOTS FOUR (4) AND FIVE (5), KELVING WAY ESTATES, AS SHOWN BYPLAT RECORDED IN SLICE 2064 OF THE WHARTON COUNTY PLAT CABINET RECORDS, AND ALL OF LOT SIX (6), KELVING WAY ESTATES, AS SUBDIVISION IN THE CITY OF WHARTON, WHARTON COUNTY, TEXAS, AS SHOWN BY RE-PLAT THEREOF RECORDED IN SLIDE 69A OF THE WHARTON COUNTY PLAT CABINET RECORDS, AND BEING fiE SAME TWO TRACTS OF LAND CONVEYED TO MICHAEL B. MURPHY AND JENNIFER LYN MURPHY, BY JOHN M. FINK AND SUZANNE M. FINK, IN WARRANTY DEED WITH VENDOR'S LIEN DATED WLY 17,2002, AND RECORDED IN VOLUME 466, PAGE 605, OF THE OFFICIAL 3 FiniiDecrceCLEAN (6-23-t4) 195 RECORDS OF WHARTON COUNTY, TEXAS; also more commonly known as 1913 Kelving Way Court, Wharton, Texas. H-3. AU household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession ofthe FRANCIS WAYNE SINATRA or subject to his sole control. H-4. All clothing, jewelry, and other personal effects in the possession of the FRANCIS WAYNE SINATRA or subject to his sole control. H-5. The 2014 GMC Acadia motor vehicle, vehicle identification number 1GKKVTKDOEJ250 100, together with all prepaid insurance, keys, and title documents. H-6. All sums of cash in the possession of FRANCIS WAYNE SINATRA, or subject to his sole control, including funds on deposit, together with accrued but unpaid interest, in the bank account held by the FRANCIS WAYNE SINATRA Trust (dated 6/15/1998 and restated 9/20/2005). H-7. The Court confirms the as the sole and separate property of FRANCIS WAYNE SINATRA, the items of property which are listed on CYNTHIA SINATRA's Exhibit 100, on lines 76 through 102, excluding line 85. A true and correct copy of said Exhibit 100 is attached hereto and incorporated herein for all purposes as Appendix B. Property to CYNTHIA SINATRA IT IS ORDERED AND DECREED that CYNTHIA SINATRA is awarded the following as her sole and separate property, and the FRANCIS WAYNE SINATRA is divested of all right, title, interest, and claim in and to that property: W-1. A undivided one-half (1/2) community interest in the property identified as 9706 Hensel Road, Beverly Hills, California 9021 0, and 50% of the net proceeds from the sale of the 4 Final De=eCLEA."' (6-23-14) 196 following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents .. "Net Proceeds" as used herein shall means the gross sales proceeds less all closing costs associated there with, including, but not limited to escrow fees, title insurance, broker connnissions, transfer taxes, etc. A certain described property located in the County of LOS ANGELES, of the State of California: LOT 9 OF TRACT NO. 21845, IN THE CITY OF LOS ANGELES, COUNTYF OF LOST ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 619, PAGES 83 AND 84 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; Also more commonly called 9706 Hensel Road, Beverly Hills, California 90210. W-2. The Court confirms an undivided fifty percent (50%) separate property interest in the following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents: LOT FIVE (5), LESS, SAVE AND EXCEPT THE NORTHWEST 12' THEREOF BEING LOT FIVE (5) OF THE RESUBDIVSION OF LOTS FOUR (4) AND FIVE (5), KELVING WAY ESTATES, AS SHOWN BY PLAT RECORDED IN SLICE 2064 OF THE WHARTON COUNTY PLAT CABINET RECORDS, AND ALL OF LOT SIX (6), KELVING WAY ESTATES, AS SUBDIVISION IN THE CITY OF WHARTON, WHARTON COUNTY, TEXAS, AS SHOWN BY RE-PLAT THEREOF RECORDED IN SLIDE 69A OF THE WHARTON COUNTY PLAT CABINET RECORDS, AND BEING THE SAME TWO TRACTS OF LAND CONVEYED TO MICHAEL B. MURPHY AND JENNIFER LYN MURPHY, BY JOHN M. FINK AND SUZANNE M. FINK, IN WARRANTY DEED WITH VENDOR'S LIEN DATED JULY 17,2002, AND RECORDED IN VOLUME 466, PAGE 605, OF THE OFFICIAL RECORDS OF WHARTON COUNTY, TEXAS.; also more commonly known as 1913 Kelving Way Court, Wharton, Texas. 5 Fino! De;r.. CLEAN (6-23-14) 197 W-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of CYNTHIA SINATRA or subject to her sole control. W-3. All clothing, jewelry, and other personal effects in the possession of CYNTHIA SINATRA or subject to her sole control. W-4. All sums of cash in the possession ofCYNTHlA SINATRA or subject to her sole control, including funds on deposit, together with accrued but unpaid interest, in the Prosperity Bank Account, Joint #X7807 (Prosperity listed on line 19 on Appendix B. W-5. All policies of life insurance (including cash values) insuring CYNTHIA SINATRNs life (the life insurance policies are identified at trial in CYNTHIA SINATRA's Exhibit 100, Lines 10 I, 102, 103, and 104, a true and correct copy of which is attached hereto as Appendix B for reference). W-6. The 2006 Jaguar XJ VDP LWB 4D motor vehicle, vehicle identification number SAJWA82B96SH10682, together with all prepaid insurance, keys, and title documents. W -7. Wharton Country Club membership. Division of Debt Debts to FRANCIS WAYNE SINATRA IT IS ORDERED AND DECREED, FRANCIS WAYNE SINATRA, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold CYNTHIA SINATRA and her property harmless from any failure to so discharge, these items: H-1. Fifty percent (50%) of the balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by FRANCIS WAYNE SINATRA,., in the original principal sum of$1,806,000.00, dated August 8, 2012, payable to City National Bank, and 6 Finol Decree CLEA.'l (6-23-14) 198 secured by deed of trust recorded/filed in the Official Records Recorder's Office, Los Angeles County, California. H-2. Fifty percent (50%) of the balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by CYNTHIA SINATRA and FRANCIS WAYNE SINATRA, in the original principal sum of $304,000.00, dated January 20, 2005, payable to Mitchell Mortgage Company, LLC, and secured by deed of trust on the real property confirmed in this decree as the separate property of FRANCIS WAYNE SINATRA (50%) and CYNTHIA SINATRA (50%), which is recorded at volume 594, page 630, Deed of Trust Records of Wharton County, Texas. H-3. The balance due, including principal, interest, and all other charges, on the pl!omissory note payable to City National Bank, Account No. xxxxxxxxxxxx-x2982, and given as part of the purchase price of and secured by a lien on the 2014 GMC Acadia motor vehicle awarded to FRANCIS WAYNE SINATRA. H-4. The following debts, charges, liabilities, and obligations: a. The Promissory Note from FRANCIS WAYNE SINATRA to the NANCY SINATRA LAMBERT TRUST, in the principal sum of $250,000.00. For identification and clarity purposes this can also be identified as FRANCIS WAYNE SINATRA's Trial Exhibit No. R-51. Debts to CYNTHIA SINATRA IT IS ORDERED AND DECREED that CYNTHIA SINATRA, Petitioner, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the FRANCIS WAYNE SINATRA and his property harmless from any failure to so discharge, these items: W-1. Fifty percent (50%) of the balance due, including principal, interest, tax, and 7 final D=ee CLEAN (6·23·14) 199 insurance escrow, on the promissory note executed by CYNTHIA SINATRA and FRANCIS WAYNE SINATRA, in the original principal sum of $304,000.00, dated January 20, 2005, payable to Mitchell Mortgage Company, LLC, and secured by deed of trust on the real property confirmed in this decree as the separate property of FRANCIS WAYNE SINATRA (50%) and CYNTHIA SINATRA (50%), which is recorded at volume 594, page 630, Deed of Trust Records of Wharton County, Texas. W-2. 100% of all of the debts, charges, liabilities, and obligations set forth on Appendix B on lines 44 through 55, inclusive. Notice IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party. Provisions Dealing with Sale of 1913 Kelving Way Court, Wharton, Texas IT IS FURTHER ORDERED AND DECREED that the property and all improvements located thereon at LOT FIVE (5), LESS, SAVE AND EXCEPT THE NORTHWEST 12' THEREOF (BEING LOT FIVE (5) OF THE RESUBDIVSION OF LOTS FOUR (4) AND FIVE (5), KELVING WAY ESTATES, AS SHOWN BYPLAT RECORDED IN SLICE 2064 OF THE WHARTON COUNTY PLAT CABINET RECORDS, AND ALL OF LOT SIX (6), KELVING WAY ESTATES, AS SUBDIVSION IN TH CITY OF WHARTON, WHARTON COUNTY, TEXAS, AS SHOWN BY RE-PLAT THEREOF RECORDED IN SLIDE 69AOF THE WHARTON COUNTY PLAT CABINET RECORDS, AND BEING THE SAME TWO TRACTS OF LAND CONVEYED TO MICHAEL B. MURPHY AND JENNIFER L YN MURPHY, BY JOHN M. FINK AND SUZANNE M. FINK, IN WARRANTY DEED WITH VENDOR'S LIEN 8 Final Decree CLEAN(6·2l-14) 200 DATED JULY 17 ~ 2002~ AND RECORDED UN VOLUME 466~ PAGE 605, 0 FTHE OFFICIAL RECORDS OF WHARTON COUNTY, TEXAS, more commonly known as 1913 Kelving Way Court, Wharton, Texas shall be sold under the following terms and conditions: 1. The property shall be sold for a price that is mutually agreeable to CYNTHIA SINATRA and FRANCIS WAYNE SINATRA. 2. CYNTHIA SINATRA and shall continue to make all payments of principal, interest, taxes, and insurance on the property during the pendency of the sale, and CYNTHIA SINATRA shall have the exclusive right to enjoy the use and possession of the premises until closing. All maintenance and repairs necessary to keep the property in its present condition shall be paid by CYNTHIA SINATRA. 3. The net sales proceeds (defined as the gross sales price less cost of sale and full .; payment of any mortgage indebtedness or liens on the property) shall be distributed as follows: ,:: 50% to CYNTHIA SINATRA, and 50% to FRANCIS WAYNE SINATRA Provisions Dealing with Sale of 9706 Hensel Road, Beverly Hills Area, California IT IS FURTHER ORDERED AND DECREED that the property and all improvements located thereon at LOT 9 OF TRACT NO. 21845, IN THE CITY OF LOS ANGELES, COUNTYF OF LOST ANGELES, STATE OF CALIFORNIA, AS PER MAP :: RECORDED IN BOOK 619, PAGES 83 AND 84 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, more commonly called 9706 Hensel Road, Beverly Hills, California 90210, shall be sold under the following terms and conditions: 1. The property shall be sold for a price that is mutually agreeable to CYNTHIA SINATRA and FRANCIS WAYNE SINATRA. 9 Finul Dcm:e CLEA.'! (6-23-14) 201 2. FRANCIS WAYNE SINATRA shall continue to make all payments ofprincipal, interest, taxes, and insurance on the property during the pendency of the sale, and FRANCIS WAYNE SINATRA shall have the exclusive right to enjoy the use and possession of the premises until closing. All maintenance and repairs necessary to keep the property in its present condition shall be paid by FRANCIS WAYNE SINATRA 3. The net sales proceeds (defined as the gross sales price less cost of sale and full payment of any mortgage indebtedness or liens on the property) shall be distributed as follows: 50% to CYNTHIA SINATRA, and 50% to FRANCIS WAYNE SINATRA Judgment to Equalize Division For the purpose of a just and right division of property made in this decree, IT IS FURTHER ORDERED AND DECREED that CYNTHIA SINATRA is awarded judgment of FIVE HUNDRED THOUSAND DOLLARS AND NOll 00 DOLLARS ($500,000.00) against , FRANCIS WAYNE SINATRA payable in accordance with the terms of the closing documents ordered in this decree to be executed, with interest at five percent (5%) per year, compounded annually from the date of judgment, for which let execution issue. This judgment is part of the division of community property between the parties and shall not constitute or be interpreted to be any form of spousal support, alimony, or child support. Spousal Maintenance The Court finds that under the circumstances presented in this case, CYNTHIA SINATRA is eligible for spousal maintenance under the provisions of Texas Family Code chapter 8. Accordingly, FRANCIS WAYNE SINATRA is ordered to pay as spousal maintenance the sum of five thousand dollars ($5, 000. 00) per month to CYNTHIA SINATRA, with the first payment being 10 Finalll CLEAN (6-2'!-14) 205 APPROVED AS TO FORM ONLY: JOHN C MAHER JR 212 E Burleson Street Wharton, Te as 77488 Tel: (979) 531-0322 Fax: (979 5 1-0355 By:_--1--t--.....r---------- John Atto State ar o. 12833290 E-Mail: jolmcmaher@sbcglobal.net The Law Office of Warren Cole 3355 West Alabama St., Suite 825 Houston, TX 77098-1875 Tel: (713) 275-4444 Fax: (713) 400-9144 Dlollolly oignod by: Warren C<>• U ON: CN ;:s Warren Cole email= warnm@warcotelaw.cam C::::; ADo= Law P'/Y" ~ Oftloo o!Warron Colo JYVV'-" Oata: 2014.1)6.23 15:45:30 -06'00' By:._~--------------~-------- WarrenCole Attorney for FRANCIS WAYNE SINATRA State Bar No. 04549500 E-Mail: warren@warcolelaw .com 14 final DocreeCLMN (Ci-23-14) 206 APPENDIX A 207 .Qffll-o~o~qM. AUG 1 2 ?013 No 46 184 NER19S~SE '~ DISTRICT CLERI<, HA N , rEXAS By f)eput)' IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § CYNTHIA SINATRA § 329m JUDICIAL DISTRICT AND § FRANCIS WAYNE SINATRA § WHARTON COUNTY, TEXAS INTERLOCUTORY ORDER-COMMON LAW MARRIAGE On July 15 and 16, 2013 the Court heard this case. Appearances Petitioner, CYNTHIA SINATRA, appeared in person and through attorney of record, John C. Maher, Jr., and announced ready for trial. Respondent, FRANCIS WAYNE SINATRA, appeared in person and through attorney of record, Warren Cole, Houston, and a1111ounced ready for trial. Record The record of testhnony was duly reported by the court reporter for the 329th Judicial District CoUlt, Jurisdiction and Domicile The Comt finds that the pleadings of Petitioner are in due form and contain all the allegations, inf01mation> and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction ofthis case and of all the pat1ies. The Court further finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was tiled tbr the preceding ninety-day period. All persons entitled to citation were properly cited. 208 Jury A jury was waived, and questions of fact and oflawweTe submitted to the Court. Informal Marriage The Court finds that CYNTHIA SJNATRA, Petitioner, and FRANCIS WAYNE SINATRA, Respondent, entered into an informal man·iage on April 27, 2002. Attorney's Fees The Court finds that CYNTHIA SINATRA has incuned $39,550.00 as attorney's fees, which we1·e necessary as suppo1t for CYNTHIA SINATRA. lT IS ORDERED that good cause exists to award John C. Maher, Jr. a judgment in the amount of $39,550.00 for attorney's fees, with interest at 6% percent per year compounded arumally from the date this Interlocutory Order- Informal Mal'riage is signed until paid. The judgment, for which let execution issue, is awarded against FRANCIS WAYNE SINATRA, and FRANCIS WAYNE SINATRA is ORDERED to pay the fees, and comt costs, and interest to Jolm C. Maher, Jr. at 212 E Burleson Street, Wha1ion, Texas 77488 by cash, cashierts check, or money order on or before 5:00 p.m., August 15, 2013. John C. Maher> Jr. may enforce this judgment for fees, expenses, and costs in the attomey's own name by any means available for the enforcement of a judgment fol' debt. Signed on this the ~!/_ I 2. , 2013. 2 209 APPENDIX B 210 ETITIONER' EXHIBIT In the Matter of the Marriage of Wife's: In the 329th Cynthja Sinatra Inventory and Appraisement Judicial District Court Francis Wayne Sinatra Proposed Division Wharton County, Texas A 8 E · Descrtptlon o Husband Community Property: Real Property: I i Wife's residence,1913 Kelving Way, Acquired 1/20/2005 433,215 I Less: MortgageAmegy 33225, note not current I 05/19/14 1 (251 ,536)1 I Net Value of 1913 Kelving Way 181.679 181,679 I I I I H's residence, 9706 Hensel Roac:l, Beverly Hills, Ca. 4,500,000 I Less: Mortgage: CNB Finance I (2,500,000)J I Net VC!Iye of 9706 Hensel B2ad 2.ooo~ooq· 2;000,000 I Net Value of Real Estate I 2,181,679 I I 13 MotorVehlcles: 14 \2006 Jaguar#t06821NO: Wife I 4,000 1 4,000 15 2014 Lexus #X71114 GS460 INO: Husband P12/30/13 72,000 72,000 16 Accounts with Financial Institutions: I I ! 17 Prosperity Bank, Joint #X 7607 05/10/14 200 200 16 Notes: I 19 Community Asset: Promissory Note Wife to Husband 40,000 20 I Less: Community Asset: Promissory Note Wife to Husband (40,000)' 21 Jewelry 22 jln Possession of H acquired since DOM TBD 23 Fir& Arms · 24 \In Possession ofW 600 I 600 25 Household Furniture and Fui'nlshJngs 26 jFurniture and Furnishings in possession of H soo.ooo I soo.ooo 1 27 Furniture and Furnishings in possession of Wife 20,000 20,000 28 !Electronics in possession of Wife I 5,000 I 5,000 29 BusineM Interest 30 . j100% of Anomaly Limited, LLC INO: Husband I 3so,ooo 1 3ao,ooo I 31 [4) 20.09 %of FSE Hold-Co, LLC INO: Husband PerH 1,700,000 1,700,000 32 :100% FWS Realty Delaware, LLC 1PerH 285,000! 28s,ooo 1 33 34 Miscellaneous I 35 Membership INO: W,Wharton Country Club 300 300 36 Reimbursement Claims ! 37 Community Claim against H~s Separate 38 [1&4] #1 CC Re: formation of FSE (Alternative Claim) 1,756,569 ' 1,756,5691 39 [2) #2 CC Re: Excess Anomaly Costs 1,800,000 1,800,000 40 I #3 Voluntary Support for out of wedlock children I TBD I 41 Credit Cards 42 'Chase Visa #X 46441NO: Wife 04/09/141 (5,449)1 (5,449) 43 Tx Gulf MC #X 2017 INO: Wife 03/02/14 (6,263) {6,283) 44 jExxon Mobile #X 8900 INO: Wife 05/18/141 (12), (12) 45 Macy's #X 422-0 INO: Wife 04/02/14 (699) (899) 46 ISaks First #X 298 INO: Wife 04/02/141 (1,348)1 (1 ,348) 47 FIA#X ~1111NO: Wife 05/10/14 48 Personal Debts of Wife to the following: I 49 . Robert McMurrey . .(5,800) (5,800) 50 J Karen and Junior Herzik I (3,000)! (17,500) (3,000) .,· (17 ;500) 51 Wanda White 5/30/2014 Trial Inventory and Proposed Divisioni&A May 29 Worksheet Pg. 1 of 3 10:43AM 211 In the Matter of the Marriage of Wife's: In the 329th Cynthia Sinatra Inventory and Appraisement Judicial District Court Francis Wayne Sinatra Proposed Division Wharton County, Texas A D E F Value To Husband To Wife Jessica McMurrey (2,820)1 (2,820) John Brink (35,210) (35,210) IEl Campo Spraying (1,273) (1,273) Reimbursement Claims. 56 !Community to Wife for note reduction (62,676)\ (62,676) 57 Attorney Fees and Costs 58 !Wife- John C. Maher, Jr. ! I 59 Wife- Expert Charlie Gerhardt CPA (10,000) (10,000) 60 IHusband - Warren Cole I 61 Lawsuits 62 IBy Credit Card against Wife, Estimate (5,ooo) I I (5,000) 64 Adjustment: I 65 (4] Double Dip Eliminated FES and Claim For SFE (1 ,728,285) (1 '728,285) 66 !Amount used is average of $1,700,000 and $1,756,5691 I 67 Income Taxes 68 IFederal Income and Gift Taxes iAII 69 Percenta e to Wife 50% 70 71 Judgment to Equall:ze frOm Husband to Wife (3;455,066) 3,455,066 72 73 Total. 6,799,794 3,399,897. 50%; 50% H's former Residence 9759 Suffolk Sold during Marriage I TBD ·Unproved real property Idyllwild Calif. TBD !Townhouse 820 So1.1th Gretna Green, Los Angeles, Calf I TBD I In Possession of H, including Sinatra music library 1,000,000 121.75% of Bristol Production I TBD I 33% of Essex Production LP TBD !27% of Sheffield Enterprises, Inc. I TBD Francis W Sinatra Trust dated 6115/1998 restated 9-20-2005 I Dorchester Real Estate LLC dated 11/30/11 I I Interest in Summerset Real-estate Trust TBP !Interest in Franksinatra.com TBD Interest in AK Cellars Winery TBD 11nterest in Somerset Distributors, Inc. I TBD Interest in Somerset Trust TBD !Screen Actors' Guild (SAG) 1 I TBD American Federation of Television & Radio Artists (AFTRA) TBO !American Federation of Musicians (AFM) I I TBD Fil'$t Colony Life Ins #X 3436 INO: Husband TBD IFirst Colony Life Ins #X 0893 INO: Husband I i TBD Union Central Life Ins #X 1827 INO: Husband TBD !American Fed Mus Local 47 Ins INO: Husband I TBD f ·. At DOM all personal property IJewel in Possession at DOM 5/30/2014 Trial Inventory and Proposed Divisioni&A May 29 Worksheet Pg. 2 of 3 10:43AM 212 In the Matter of the Marriage of Wife's: In the 329th Cynthia Sinatra Inventory and Appraisement Judicial District Court Francis Wayne Sinatra Proposed Division Wharton County, Texas A B D E F Descrl ton Value To Husband To Wife 1100% FWS Realty Delaware, LLC formed 2-2-2006created from Buena Park Promenade property? 104 Wife's Separate Property I I 3420 Old. Caney Road Equity to 1913 Kelving Way, sold proceeds to 1913 Kelving Way. 62,676 ICash Value Duval Ins. #x1428U INO Wife, BB Brink insured I 595 Cash Value Duval Ins. #x1427U INO Wife, VE Brink Insured 762 JCash Value Duval Ins. #x7174U INO Wife, Cynthia insured 4,080 Cash Value Duval Ins. #x1219, INO Wife, Cynthia Insured JCynthia Sinatra -Attomey, Sole Proprietorship I 10 10 At COM all personal property IJewelry in possession of Wife at DOM 1,756,569 lin 2007 moved separate property to FSE, Community Income Lost Ann $127,469 for 6.5 years $1,413,548 5!30/2014 Trial Inventory and Proposed Division I&A May 29 Worksheet Pg. 3 of 3 10:43AM 213 FJ:LED '~· .... at; j!DU o'clock,Lt"M. AUG 1 4 2014 NO. 46,184~ NHOUSE DISTRlCT N CO., lecAS IN THE MATTER OF § IN THE DISTRICT @YoURI'~ J)epUty THE MARRIAGE OF § § CYNTHIA SINATRA § 329TH JUDICIAL DISTRICT AND § FRANCIS WAYNE SINATRA § WHARTON COUNTY, TEXAS FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Cynthia Sinatra had been a resident of Wha1ton County for at least 90 days and a do:miciliary of the State of Texas for at least 6 months at the time the original petition in this cause was filed. 2. Cynthia Sinatra and Francis Wayne Sinatra were formally divorced by an agreed decree of divorce in the 329th Judicial District Court of Wharton County, Texas on March 29, 2001. 3. After the agreed divorce decree was entered, Cynthia Sinatra and Francis Wayne Sinatra agreed to be married. This informal marriage agreement occurred on or before April 27, 2002. 4. After the informal marriage agreement was made and on or before April 27, 2002, Cynthia Sinatra and Francis Wayne Sinatra lived together in Texas as husband and wife, and there represented to others that they were married. 5. The informal marriage relationship continued into 2012. The parties separated in 2012. This suit was commenced before the second anniversary of the date on which the parties separated and ceased living together. 6. The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. 7. The home in Beverly Hills was acquired during the informal marriage and has not been shown by clear and convincing evidence to be the separate property of either party. Its value is $4,500,000, reduced by a mortgage debt of $2,500,000. 8. The parties have agreed that the home in Wharton, Texas is owned by each of them equally (50-50) as undivided separate property, and that the mortgage debt secured by that home is owed by each of them equally (50-50) as undivided separate debt. 9. The 2006 Jaguar was acquired during the informal marriage and has a value of $4,000. 10. The 2014 GMC Acadia was acquired during the informal maiTiage and has a net value of $4,000. 11. Tne home in Beverly Hills contains contents, including furniture, furnishings, clothing, jewelry, personal effects, art and collectibles which were acquired during the informal marriage and which have a value of$500,000. 12. The home in Wharton contains contents, including furniture, furnishings, clothing, jewelry, personal effects, art and collectibles which were acquired during the informal marriage and which have a value of$25,600. 13. Frances Wayne Sinatra has possession and control of unspent cash and earnings paid to 1 224 hi1;11. during the informal marriage and deposited in bank accounts in the name of the Fr~ncis W Sinatra Tmst not revealed or identified during the trial in the amount of at least $ti,ooo,ooo. 14. The Francis W Sinatra Trust is a revocable living trust, the funding of which from time to time during the informal marriage did not operate to convert any of the community property of the parties into the separate property of Francis Wayne Sinatra. 15. Cynthia Sinatra has possession and control of a deposit account at Prosperity Bank containing unspent cash and earnings paid to her during the informal marriage with a baiance of $200. 16. The items identified on lines 78-102 (not including line 85, the Francis W Sinatra Trust) ofAppendix B to the decree in this cause are shown by clear and convincing evidence to b~the separate property of Francis Wayne Sinatra. 17. The items identified on Jines 106-109 of Appendix B to the decree in this cause are shown by clear and convincing evidence to be the separate property of Cynthia Sinatra. 18. The Wharton Country Club membership was acquired during the informal marriage and has a value of $300. 19. The debts listed on lines 41-54 of Appendix B were incurred by Cynthia Sinatra during the informal marriage and have the balances owed as stated in Appendix B. 20. The promissory note from Francis Wayne Sinatra to the Nancy Sinatra Lambert Trust was incurred during the informal marriage and has a balance of $250,000, plus accrued interest. 21. Cynthia Sinatra will lack sufficient property, including her separate property, on dissolution of the marriage to provide for her minimum reasonable needs. The parties have been married to each other for 10 years or longer. Cynthia Sinatra, on dissolution of the marriage, lacks the ability to earn sufficient income to provide for her minimum reasonable needs. 22. Cynthia Sinatra will reasonably have the ability to earn sufficient income to provide for her minimum reasonable needs 12 months after the dissolution of the marriage. 23.An amount of $5,000 .per month paid as maintenance will reasonably assist Cynthia Sinatra in providing for her minimum reasonable needs for J 2 months after the dissolution of the marriage. 24. Cynthia Sinatra incurred reasonable and necessary attorney's fees in this cause in the amount of$56,000, $32,000 of which have already been paid by Francis Wayne Sinatra. 25. This court has jurisdiction. 26. The parties were informally married by April 27, 2002. 27. Grounds exist for the divorce. 28. The division of the community property and debts of the parties in the Final Decree signed by the court is a just and right division. The award of attorney's fees and costs is reasonable and fair. Signedon~,2014 Judge'f!/~ 2 225 10 1 2 3 4 5 6 7 8 9 10 11 12 Petitioner's Exhibit No. 111 Final Consent Decree of Divorce 13 Cause No. 36,915-S 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT .. '. \ ) \ NO. 36,519-S IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § CYNTHIA WHITE SINATRA § 329TH JUDICIAL DISTRICT AND § FRANCIS WAYNE SINATRA § WHARTON COUNTY, TEXAS FINAL CONSENT DECREE OF DIVORCE On & .21 , 2001 , the Court heard this case . 1. APPEARANCES Petitioner, CYNTHIA WHITE SINATRA, having agreed to the terms of this Final Consent Decree of Divorce, as evidenced by her signature, and that of her attorney of record, DONN C. FULLENWEIDER, did not otherwise appear. Respondent, FRANCIS WAYNE SINATRA, appeared in person and through attorney of record, WARREN COLE. 2. RECORD The maki ng of a record of testimony was waived by the parties with the consent of the Court. 3. JURISDICTION AND DOMICILE The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites requ ired by law. The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed. All persons entitled to citation were properly cited. 4. JURY A jury was waived, and all questions of fact and of law were submitted to the Court. 5. NO CHILD OF THE MARRIAGE The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is expected. 6. DIVORCE IT IS ORDERED AND DECREED that CYNTHIA WHITE SINATRA, Petitioner, and FRANCIS WAYN E SINATRA, Respondent. are divorced and that the marriage between them is dissolved on the ground of insupportability. 1 S:\OCF\Sinalra\PlEADINGS\Final Decree of Dlvorce.wpd N - KUCERA MALOTA \C:C 1-1."; -:C' \} 8)1 S ". CT RK, WH,Ar.lTQN co,T!!XAS ~puty (5 ' . . . .. / .. 7. PARTITION OR EXCHANGE AGREEMENT-NO COMMUNITY PROPERTY. The Court find that the Post-Marital Agreement signed by CYNTHIA WHITE SINATRA and FRANCIS WAYNE SINATRA on November 16, 2000, a copy of which is attached hereto as Appendix I, is. valid and enforceable. Based upon said agreement, the Court finds that there is no community property to be divided by this Court and the separate property of the parties as set forth in Appendix I is confirmed to be that respective party's separate property. At the parties' request, Appendix I is to be sealed with the notation on the cover of the sealed envelope that it is to be opened only by court order. 8. ADDITIONAL PA YMENTS TO ·CYNTHIA WHITE SINATRA In addition to the benefits and obligations set forth in Appendix I, it is agreed and ORDERED that FRANCIS WAYNE SINATRA shall pay to CYNTHIA WHITE SINATRA the additional tax free sum of $35,000.00~ It is agreed and ORDERED that all of the monetary obligations of FRANCIS WAYNE SINATRA under the terms of the Post Marital Agreement (Appendix I) shall be paid to CYNTHIA WHITE SINATRA pursuant to the following terms. 1. $20,000 shall be paid to 'CYNTHIA WHITE SINATRA on the 2nd business day following the time this Final Consent Decree of Divorce is signed by the Judge; and, 2. The 24 monthly payments of$5,000.00 each, as provided in paragraph 6.2.B. of Appendix I, shall be paid to CYNTHIA WHITE SINATRA in accordance with the Post Marital Agreement; and 3. The balance of the monetary obligations owed to CYNTHIA WHITE SINATRA called for in the Post Marital Agreement (Appendix I) as well as the additional $15,000 balance afthe additional payment called for above, shall be paid to CYNTHIA WHITE SINATRA within 14 days following the date the Court signs this Final Consent Decree of·. Divorce. . 9. COURT COSTS IT IS ORDERED AND DECREED that costs of court are to be bome by the party who incurred them. 10. A TTORNEY FEES IT IS ORDERED that FRANCIS WAYNE SINATRA shall pay directly to DONN C. FULLENWEIDER r as provided by the Agreement (Appendix I) $15 ,000 as attorneys fees and that DONN C. FULLENWEIDER shall have a judgment for the said sum at the legal rate of interest until full paid. 2 S:\oCF\Sinatra\PLEADINGS\Final Decree of Divorce.wpd , t I •• 11. CLARIFYING ORDERS . Without affecting the finality of this Final Decree of Divorce. this Court expressly reserves the right to make orders necessary to clarify and enforce this decree. 12. RELIEF NOT GRANTED IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied. 13. DA TE OF JUDGMENT- - SIGNED AND RENDERED. This Decree of Divorce SIGNED AND RENDERED in open court at the Courthouse at 100 Milam Street, Wharton, Wharton County, Texas, on this 21 day of March, 2001; APPROVED AS TO FORM ONLY: Piro & lilly, L.L.P. 1400 Post Oak Blvd. Suite 600 Houston, Tx 77056-3008 Phone: (71 , 9 -4444 Fax: (71 9 ~ 6 By:~.......f;,IC--=--~-I'- _ _ _ _ _ _ _ __ WARREN COLE Attorney for Respondent State Bar No. 04549500 The Fullenweider Firm 4265 San Felipe Suite 1400 Houston Phone: 71 ) 624-4100 Fax: (7 3) 24-4141 By:"'--''''--_ _--4~=--..:~--=-~v..._"7A_~_"V_(fol/ __ DONN C. FULL NWEIDER Attorney for Petitioner State Bar No. 075140000 3 S:\DCF\Slnatra\PLEADINGS\Flnal Decree of Dlvorce.wpd APPROVED AND CONSENTED TO AS TO BOTH FORM'AND SUBSTAN FR ~Y~~ CYHIAWHiTE SINATRA 4 , S:\DCF\Sinatra\PLEADINGS\Flnal Decree of Dlvorce.wpd , NOV-16-2000 '. . . THU 11:54 AM FAX NO. PI 02/25 r •. ,. .. f Post Marital Agreement The parties to this Post marital Agreement are FRANCIS WAYNE SINATRA rFRANK"') of Beverly Hills, California and CYNTHIA WHITE SINATRA ("CYNTHIA"), of Beverly Hills, California and Wharton, Wharton County Texas. Stipulations . 1. The partles are entering into this agreement in accordance with the laws of the State of California and Article XVI,. section 15. of the Texas Constitution, as amended, and relevant sections of the Texas Family Code, as amended. 2. The parties acknowledge and agree that they are making and entering into this agreement voluntarily and without the intention to defraud or prejudice preexisting creditors. 3. The parties own no community at the time of this agreem.ent based upon the "post... Marital Property Agreement". (herein after referred to as the "1999 Agreement'·) previously executed by FRANKon February 4. 1999 and CYNTHIA on February 9, 1999. The p.arties acknowledge that the 1999 Agreement is valid and enforceable. However, the parties desire to modify the 1999 Agreement by the terms set forth in this Post Marital Agreement and it shall supercede and replace, in all respects, aU of the terms contained in the 1999 Agreement. 5. The parties intend to clarify their respective separate property rlghts to eliminate any uncertainty about those rights. 6. The parties intend by this agreement that no future community property will be created during the remainder of their marriage and none are in existence in the event of a divorce. 7. The parties further acknowledge that at t~e time of the signing of this agreement there is a pending action for Dissolution of the Marriage filed by FRANCIS WAYNE SINATRA under case no. 80328642 in the Superior Court of Los Angeles County, California and pending suit for divorce styled "IN THE MATTER OF THE MARRIAGE OF CYNTHIA WHITE SINATRA AND FRANCIS WAYNE SINATRA" filed by CYNTHIA WHITE SINATRA under Cause No. 36,519-5 in the 329th District Court of Wharton County. Texas. It is the intent of the parties that, upon the execution of this Post Marital Agreement. a Suit for Declaratory Judgment and Order will be filed in Wharton 'County which will judicially confirm that this Post Marital Agreement is vand and enforceable in Texas ·and California, and any other jurisdiction in which enforcement may be sought by either party. However. the ~ Page 1 of 24 CWS APPENDIX 1 . NPV-:16-2000 THU 11: 55 AM FAX NO. P. 03/25 . .. ~. failure of securing such Declaratory order shall in no way affect the enforceability or validity of this Post Marital Agreement. In consideration ·of the mutual promises, agreements. partitions, exchanges, releases. and waivers contained in this agreement and in consideration of the parties' desire to establish certain rights and obligations by this agreement. and with the intent to be fully bound by the terms of this agreement, the parties covenant, agree, and contract as follows: ARTICLE 1 Statement of Facts 1.1 Property of Parties FRANK and CYNTHIA own as their respective separate property all of that certain estate, real, personal, and mixed, described in Schedules A and B attached to this agreement. 1.2 Disclosure . Each party represents and warrants to the other party that he or she has, to the best of his or her ability, made to the other party a fair and reasonable disclosure of· the nature and extent of-the property of the parties, including values. and f~nancial obligations, contingent or otherwise, and that the disclosure includes but is not limited to the property set forth in Schedules A and 8 attached to this agreement and other documentation exchanged between the parties before their execution of this agreement. Each party additionally ackn'owledges that he or she has adequate knowledge of the property and financial obligations of the parties before the execution of this agreement. Furthermore, and before the execution of this agreement. each party has previously offered to provide. or has provided, to the other party all information and documentation pertaining to all property, including income and value, and all financial obligations that have been requested by the other party. Each party acknowledges that he or she has, or reasonably CQuid have had, full and complete knowledge of the estate of the parties and of all financial' . obligations of the estate of the parties. . ARTICLE 2 Separate Property of the Parties 2.1 Separate Property of FRANK The Parties agree that FRANK owns and has the exclusive right to possess and e.njoy as his sole and separate estate, free from any claim of CYNTHIA, the property listed in Schedule A, Which is attached .to this agreement and incorporated herein in it for all purposes. In addition -the assets listed on Schedule A, the following shall constitute the separate property of FRANK, to-wit: Page 2 of 24 ~fi C 5 ·NOV~16-2000 THU 11:55 AM FAX NO. P. 04/25 A. an mutations, changes, and increases in kind or in value of FRANK's separate property since October 15, 1998; B. aU increases in kind or in value of FRANK's separate property resulting from the time. talent, labor, or personal efforts of either or both parties since October 15.1998: C. aU income and revenues from FRANK's separate property. all income and property acquired as a result of FRANK's separate property, and all income . and property resulting from the reinvestment of that income. including interest and dividend income. since October 15. 1998; D. all of FRANK's interest in or claim to any future profits of any partner$hip, joint venture. or corporation owned by FRANK on October 15, 1998 or acquired by FRANK following the marriage, whether the profits are distributed or undistributed; . E. all profits, commis~ions, distributions, revenues royalties. wages, salary, t director's compensation, bonuses, stock, stock options, warrants, or other compensation or benefits of any type earned or received by FRANK after October 15, 199B. and all income and property derived from the reinvestment of FRANK's profits. commissions. distributions. revenues, royalties. wages. salary, director's compensation, bonuses, stock. stock options. warrants, or other compensation or benefits of any type earned or received since October 15, 1998, together with all interest and dividend income receJved by FRAN K during the marriage; F. all contributions to all individual retirement accounts, all retirement plans, and aU other employee benefit prans, incruding, but not limited to the Screen Actors Guild (SAG) Pension Plan and American Federation of Television and Radio Artists (AFTRA) Pension Plan, made by or on behalf of FRANK after October 15, 1998, together with all increases in value of all such plans; G. aU interests in any trust in which FRANK has an interest, including but not limited to all corpus of those trusts, as well as all distributed and undistributed income from those trusts; H. all recovery for personal injuries and/or property losses sustained by FRANK during the parties' marriage, including any recovery for loss of earning capacity since October 15, 1998; and . I. all property and property rights acquired by FRANK by gift, devise. or descent; J. All income, from any source, earned by FRANK since October 15,1998. CYNTHIA partitions and exchanges to FRANK all her community property interest, if any, in and to aU the property herein above listed under Paragraph 2.1. as well as, the property listed in Schedule A, together with any insurance poJicies covering the property and any escrow accounts that relate to it. CYNTHIA grants, releases, and confirms to FRANK and to his heirs and assigns aU right; title, and interest in and claims to the property listed in Schedufe A. to have and to hold the same, with an and singurar the hereditaments and appurtenances thereto belonging forever. -rJ- Page 3 of 24 · NPV-1.6-200D THU 11:53 AM FAX NO, P. 05/25· 2.2 Separate Property of CYNTHIA The parties agree that CYNTHIA owns and has the exclusive right to possess and enjoy as her sole and separate estate. free from any claim of FRANK, an the property listed in Schedule B, which is attached to this agreement and incorporated in it for all purposes. In addition the assets listed on Schedule 8. the following shall constitute the separate property of CYNTHIA, to-wit: A. alf mutations, changes, and increases in kind or in value of CYNTHIA's separate property since October 15. 1998~ B. all increases in kind or in value of CYNTHIA's separate property resulting from the time. talent. labor, or personal efforts of either or both parties since October 15. 1998: C. all income and revenues from CYNTHIA's separate property. aU income and property acquired as a result of CYNTHIA's separate property. and all income and property resulting from the reinvestment of that income, including interest and dividend income, since October 15. 199B; D. all of CYNTHIA's interest in or claim to any future .profits of any partnership, joint venture. or corporation owned by CYNTHIA on October 15, 1998 or acquired by CYNTHIA following the marriage. whether the profits are distributed or undistributed; E. all profits. commissions. distributions, revenues, royalties, wages, sa1ary, director's compensation, bonuses, stock, stock options, warrants. or other compensation or benefits of any type earned or received by CYNTHIA after October 15. 1998. and aU income and property derived from the reinvestment of CYNTHIA's profits, commissions, distrjbutions, revenues, royalties, wages, salary, director's compensation, bonuses. stock, stock options. warrants, or other compensation or benefits of any type earned or received since October 15, 1998, together with all interest and dividend income received by CYNTHIA during the marriage; F. . all contributions to all individual retirement accounts, aII retirement plans, and aU other employee benefit plans made by or on behalf of CYNTHIA after October 15, 1998, together with all increases in value of all such plans; G. all interests in any trust in which CYNTHIA has an interest. including but not limited to all corpus of those trusts, as weH as aU distributed and undistributed Income from those trusts; H. all recovery for personal injuries and/or property losses sustained by CYNTHIA during the parties' marriage, including any recovery for loss of earning capacity since October 15, 1998; and I. all property and property rights acquired by CYNTHIA by gift. devise, or descent . J. AII.income, from any source, earned by CYNTHIA· since October 15. 1998. FRANK partitio·ns and exchanges to CYNTHIA all his community property interest. if any, in and to all the property herein above listed under Paragraph 2.2. as wen as, ~ Page 4 of 24 ~ CWS . . . NOV-i6-200C THU 11:57 AM FAX NO. P. 06/25 .. , .. the property listed in Schedule Bf together with all ins~rance policies covering,the property and all escrow accounts that relate to it. FRANK grants, releases, and confirms to CYNTHIA and to her heirs and assigns all right. title. and interest in and claims to the property listed in Schedule B, to have and to hold the same. with all and singular the hereditaments and appurtenances thereto belonging forever. ' 2,3 Asset Descriptions The parties have tried to use the correct legal description for each asset listed In any sChedule attached to this agreement. 'f any asset is incorrectly described, the description used is adequate forthe purposes of this agreement and accompanying schedules, and the parties agree to execute any additional paperwork required to confirm ownership in the name of the party in whose schedule the asset appears. ARTICLE 3 Income or Property Derived from Separate Property 3. 1 Income from FRANK's Separate Property CYNTHIA agrees that all income, changes. mutations. and increases in kind or in value of FRANK's separate property from October 15, 1998 and following the execution of this agreement and all property that he may hereafter acquire as his separate property. including all property acquired as a result of the reinvestment of income from separate property. will be the separate property of FRANK. 3.2 s Income from CYNTHIA Separate Property FRANK agrees that all income, changes, mutations, and increases in kind or in value of CYNTHIA's separate prope'rty from October 15. 1998 and following the execution of this agreement and all property that she may hereafter acquire as her separate property, including all property acquired as a result of the reinvestment of income from separate property, will be the separate property of CYNTHIA. , 3.3 Waiver of Claims Each party agrees that the respective separate property of the parties will be free from all claims that the other party may have before the date of this agreement, as well as all claims th~t may arise following the execution of this agreement. Neither party will be entitled to any reimbursement of any kind or nature (including time, toil, talent and labor). including but not limited to any contribution by a party from his or l her separate estate for the living expenses of the parties, for the ordinary and customary maintenance of the separate property of the other party. for any sums expended on or for the benefit of the other party. orforany contribution made by the party from his or her separate estate for the purchase of. or discharge of any lien or encumbrance on, or improvement of the separate property of the other party. Any money used for the benefit ,of the other party will be presumed to be a gift to the other party, as contrasted with a payment for which reimbursement or repayment &'l/£ Page 5 of 24 CWS : NOV-16-2000 . THU 11:58 AM FAX NO. P. 07/25 is later expected, unless the parties agree otherwise in writing. This waiver applies du.ring the lifetime of both parties. as well as on the death of either or both parties. This waiver extends to any rights. whether choate or inchoate, that may arise under the laws of Texas or any other Jurisdiction. Each party further agrees that. by signing this agreement and accepting any benefit whatsoever under it, he or she is estopped from making any claim of any kind at any time to any separate property or the separate estate of the other party. except as may expressly be provided for in this agreement. FRANK waives and releases all rights of reimbursement of any kind or nature (including time, toil. talent. and labor) that he might presently or in the future have or claim on behalf of his separate estate or the community estate. if any, against the separate property estate of CYNTHIA. CYNTHIA waives and releases all·rights of reimbursement of any kind or nature (including time. toil, talent, and labor) that she might presently or in the future have or claim on behalf of her separate estate or the community estate. if any, against the separate property estate of FRANK. 3.4 Income from Separate Property. Income from separate property includes but is not limited to interest, rents, royalties, stocks splits. and dividends, salary, bonuses. and other compensation. The parties l agree ·that all income received during their marriage from the separate property owned by one or either of them. or that is thereafter acquired. will be and forever remain the separate property of the owner of the separate property producing the income or from which the income is derived. Each party forever releases, relinquishes, and renounces any interest in such income derived from· the separate property of the other party in consideration ofthe reciprocal agreement and release, . relinquishment. and renunciation by the other party. ARTICLE 4 Liabilities All liabilities and obligations both contingent and absolute of either of us that exist at the date of this agreement shall be enforceable against and discharged from the separate property of the party who incurred the particular liability or obligation and shaH not be enforceable against or dischargeable from the property of the other. ARTICLE 5 Man·ag~ment of Properties Page 6 of 24 tJt46 cws _ ..... _... ...... _--- . NOV-.16-2000 THU 11: 59 AM FAX NO. P. 08/25 .-,. . . ,. 5.1 Management of Properties Each party has the full. free. and unrestricted right to manage the separate property· ove·r which he or she has control. including without limitation the right to conveyor encumber the property; to dispose of it by sale, gift. or otherwise; and to deal with it without taking into consideration any rights or interests of the other party. If the joinder of FRANCIS WAYNE SINATRA or CYNTHIA WHITE SINATRA ("joining party") should be required by law in connection with the execution of any document by the other party with respect to the separate property of the other party, on request and from time to time, the jOining party must execute all such documents necessary to effect the desires of the other party. including gift tax returns, but without any personal liabUity of the joining party. Neither party has the authority to encumber or dispose of the other party's separate property without the other pa rty's express written consent. 5.2 Certain Events Not Ev,·dence of Community Property The following events may not, under any circumstances, be considered evidence of any intention to create community property: A. the filing of joint tax returns; 8, the taking of title to prop~rty, whether real or personal. in joint tenancy or in any other joint or common form; C. the designation of one party by the other party as a beneficiary of his or her estate or as trustee or any other form of fiduciary: D. the combining or mixing by one party of his or her separate funds or property with the separate funds or property of the other party, including the pledging of jOlnt or separate credit for the benefit-of the other party's separate estate; E. any oral statement by either party; F. any written stateme~t by either party. other than a written agreement that contains an explicit statement of the party's intent to change the party's separately owned property into jointly owned property or a written agreement designating a particular piece of property as a gift to the other party; G. the payment from the funds of either party for any obligations, including but not limited to the payment of mortgages, interest. real property taxes. repairs, or improvements on a separately or jointly held residence; and H. the jOint occupation of a separately owned residence, even though designated as a homestead. The provisions of this section 5.2 are not comprehensive. ARTICLE 6 Termination of Marriage by Court Order 6.1 Property to FRANK Page 7 of 24 NOV-.16-2000 THU 12: OJ ?M FAX NO, p, 09/25 . _0 • In the event the marriage of the parties is terminated, CYNTHIA agrees that FRANK will be awarded all his separate property, including- all property described in this agreement as being the separate property of FRANK, as well as any and all property, income, or assets acquired by FRANK subsequent to the execution of this Post Marital Agreement. CYNTHIA agrees to release all interests or claims she may have in FRANK's separate property. CYNTHIA further agrees to execute any documents necessary to set aside and confirm to FRANK his separate property and to release any and all claims that CYNTHIA might have in and to FRAN K's separate property. 6.2 Property to CYNTHIA In the event the marriage of the parties is terminated, FRAN K agrees that CYNTHIA will be awarded all her separate property, including aU property described in this agreement as being the separate property of CYNTHIA. as well as any and all property, income. or assets acquired by CYNTHIA subsequent to the execution of this Post Marital Agreement. In addition. CYNTHIA shall receive and FRANK shall be obligated as follows: A. Lump Sum Payment. In consideration. and in exchange for compromises regarding the payment of Spousal Support by FRANK ,to CYNTHIA and release of all claims by both parties, FRANK shall pay to CYNTHIA the sum of Two Hundred Thousand Dollars ($200,000.00) within five' (5) days of the parties marital status being terminated by court order, Said payment shall be tax-free to CYNTHIA and shall not be tax deductibJe by FRANK. Either party has the right to obtain a termination of marriage. B. Spousal Support. In addition to the lump sum payment stated above. FRANK shan pay to CYNTHIA as and for non~modifiable Spousal Support the sum of Five Thousand Dollars ($5,000.00) per month payable one-half (~) on the 1st and one-half (Yl) on the 15th days of each month for a period of twenty- four (24) consecutive months commencing on the 1st day of the first month following the termination of the parties marriage by the Court. Said Spousal Supportshan te-rminate upon the death or remarriage of CYNTHIA, FRANK's death or twenty-four (24) months whichever shaH first occur. The Spousal Support set forth herein is non-modifiable as to amount and duration. The jurisdictional limitation herein is absolutely non~modifiable and no Court shall have the power to set any support or extend support payments beyond the twenty-four (24) month period hereinabove set forth, irrespective of whether any such request was made prior to or subsequent to the expiration of the said twenty-four (24) month period. The Spousa' Support set forth herein shan be non-taxable to CYNTHIA and not deductible by FRANK. &&$ cws Page 8 of 24 • · ~OV-.16-2000 THU 12: 01 PM FAX NO. p, 10/25 c. .occupancy of FRANK'S Residence. The parties acknowledge that the parties are currently residing in FRANK's residence which has been confirm,ed as his sale and separate property and in which the CYNTHIA has no interest. Notwithstanding the foregoing, in the event either party or both parties should choose to separate and/orterminate the parties marital status, CYNTHIA and her two (2) minor children shall be allowed to remain as tenants, for no charge. in FRANK's residence until such time as both children have completed the balance of the then current school term in the year in which the parties have separated. By way of example, if the parties or either party chooses to separate in February 2002, and the children's school term' ends at the end of June 2002. CYNTHIA and the minor children may remain in the residence with FRANK up to but no later than fourteen (14) days from the date the school term ends for whichever child has the latest school term ending date. The agreement by the parties that CYNTHIA and the minor children may remain in the residence until the completion of the children's current school term in the year in which the parties separate, shall not in any way alter or change the parties rights, obligations and agreements as set forth in this Post Marital Agreement. Nothing 'herein contained shall be deemed to create any right or interest by CYNTHIA in FRANK's pres,ent residence(s) or any future residence. and it is so ORDERED. In the event of the failure or refusal of CYNTHIA to vacate FRANK's residence in time1y fashion. time being of the essence. and it becomes necessary for FRANK to take legal action for her removal therefrom, CYNTHIA shaH be obligated for all costs. expenses and attorney's fees incurred by FRANK in seeking such removal. In that event, and at FRANK'S option. said costs, expenses and attorney's fees incurred by FRANK, shall be deducted from the lump sum payment set forth in Paragraph 6.2.A above"orfrom the Spousal Support set forth in Paragraph 6.2.B above. FRANK agrees to release all interests or claims he may have in CYNTHIA's separate property. FRANK further agrees to execute any documents necessary to set aside and confirm to CYNTHIA her separate property and to release any and all claims that FRANK might have in and to CYNTHIAts separate property. 6.3 Cynthia's Obligation Under 1999 Agreement Extinguished Cynthia and Frank acknowledge that pursuant to the 1erms of the Post-Nuptial Agreement dated February 1999, which is superceded by this Agreement t there , exists an obligation for Cynthia to re-pay to Frank a sum of $30.000.00. Frank waives any claim or entitlement to h'e repaid by Cynthia for the sum of $30.000.00 as previously set forth in the prior Agreement. . 6.4 Liabilities to FRANK /1 L/~-S.. Page 9 of 24 -bffNs .NOV-IQ-2000 THU 12:02 PM FAX NO. P. 11/25 In the event the marriage of the parties is terminated, FRANK agrees to be responsible for and pay all liabilities and obligations associated with his separate property. including all property described in this agreement as being the separate property of FRANK. FRANK further agrees to indemnify and hold CYNTHIA and her property harmless from all liabilities associated with FRANK's separate property. In addition. FRANK shall be obligated and shall pay attorney fees to Donn C. Fullenweider the sum of $15.000.00 for services rendered to CYNTHIA. Said p'ayment shall be made directly to Donn C. Fullenweider within thirty (30) days after the Judge of the 3291h District Court signs the Order on Declaratory Judgment which will be presented 'by joint motion of the parties. 6.5 Liabilities to CYNTHIA In the event the marriage of the parties is terminated. CYNTHIA agrees to be responsible for and pay all liabilities and obligations associated with her separate property. including all property described in this agreement as being 1he separate' property of CYNTHIA. CYNTHIA further agrees to indemnify and hold FRANK and "his property harmless from all liabilities associated 'with CYNTHIA's separate property. . 6.6 Waiver of Temporary Spousal Support, Spousal Maintenance, and Alimony Subject to the provisions set forth on Paragraphs 6.1 and 6.2, each party waives any right that may exist under law to seek or obtain spousal maintenance or alim~ny from the other party. If a court of com'petent jurisdiction orders either party to pay to the other party. or to a third party on behalf of the other party. temporary spousal support or alimony of any kind during the pendency of a dissolution proceeding, that temporary spousal support or alimony paid by one party to the other in connection with such a dissolution proceeding must be reimbursed to the party paying the spousal support or alimony within five days after receipt' by the receiving party. Thus, for example. if $1,000 in temporary alimony is paid by FRANK to CYNTHIA during the pendency of a dissolution proceeding. the sum of $1,000 must be " reimbursed to FRANK by CYNTHIA within five days after CYNTHIA receives the $1,000 from FRANK. 6,7 Release and Waiver Frank and Cynthia acknowledge that they did not co-habitate prior to their.marriage and further acknowledge that prior to their marriage there was no agreement, express or implied, made by Frank and Cynthia and no tacit understanding regarding their property has ever existed between them. other than that all of the property, income and debts, of each party remains the p-roperty of each party. Both Frank and Cynthia have been advised by their attorneys of the California Supreme Court decisions in Marvin v. MaNin and their progeny. which hold that implied or express agreements or tacit understandings between persons to hold property ,and pool property during their relationship. may be enforced by either person. upon the ~ Page 10 of 24 CWS · NOV-t6-200G THU 12:03 PM FAX NO. PI 12/25 .... I . •• termination of their relationship. Both Frank and Cynthia do hereby waive any and all rights and claims. which either may have acquired or may assert against the other if it is later alleged that there was any period of co-habitation prior to their formal marriage. 1n the event either party proceeds with the pending divorce or later files a marri~ge dissolution proceeding (in the event of non suit or dismissal of the pending actions), neither party may request the Court to divide the property of either or both parties in a manner contrary to the terms of this agreement. Each party relinquishes, disclaims, and waives all rights, title. and interest that he or she may have to seek a division of property and liabilities in a dissolution proceeding contrary to what is provided for in this agreement. ARTICLE 7 Income Tax Returns 7.1 Tax Basis of Property. The parties agree that the tax basis of each item of property allocated to FRANK and CYNTH JA under the provisions of this Post Marital Agreement has not changed and will not change by reason of the division. If either party alters the tax basis or takes any other action that causes the other party to suffer any adverse federal and/or state tax ramificatioris. the party who sought a new basis shall indemnify the other party in the amount of the tax liabifity including attorneys' fees accountants' t fees and costs incurred in connection therewith. Each party shall not seek a new tax basis for any item of property by reason of the division. and if one party does hereafter attempt to seek a new tax basis, and if the other party is later assessed additional federal or state income taxes on the ground that any division of property under this Post -Marital Agreement was a taxable event, the party seeking the new basis shall indemnify the other party in the amount of the tax liability arising from any such assessment including attorneys' fees, accountants· fees and costs incurred in connection therewith. 7.2 Filing of Returns and Refunds The parties acknowledge that they have filed separate income tax returns during their marriage. Each party agrees to assume. paYt hear and indemnify and hold the other free and harmless from his and her respective income tax returns. including, but not limited to. ass~ssmentst additional taxes. penalties, tax preparation and other professional fees and/or interest due andior later determined to be due in connection with said returns. In the event of any tax refund for each of the parties' separate tax returns, the party to whom the refund is due is awarded such refund as his or her sole and separate property and the other party shall have no right. title ~­ Page 11 of 24 CWS .' NOV- J6-2000 THU 12: 04 PM FAX NO. P. 13/25 andlor interest in the same. The parties shall in the future file separate income tax returns. 7.3 Tax Liability for Respective Businesses With respect to all corporate entities awarded to each party. and specifically CYNTHIA's law practice which is confirmed as CYNTHIA'S separate property, the party awarded such entity is ORDERED to assume, pay. bear. indemnify and hold the other party free and harmless of and from any and all monies due and owing, including. but not limited to assessments, additional taxes, penalties and interest due now and/or later determined to be due in connection with any future and past income tax returns. 7.4 Cooperation and Furnishing of Information The parties agree that each of them shall mutually cooperate and provide access to all necessary information or records that may be needed in connection with tax filings and audits. ARTICLE 8 Dissolution of Marriage by Death B.1 FRANK's Acceptance of CYNTHIA ~ Will and Waivers to Be Signed on Death of CYNTHIA FRANK agre~s to accept the provisions of any last will and testament and codicils that may be in effect at the time of CYNTHIA's death in full discharge. settlement, and satisfaction of any and all right. title, and interest that he, as CYNTHIA's husband, might otherwise acquire in her estate and property. Unless designated as a named beneficiary under a written instrument. FRANK waives and releases to CYNTHIA. her executors. administrators. or assigns, any and an rights of erection given to him as the husband of CYNTHIA. or through him to his heirs, to take against her last will and testament under any statutes, now or hereafter in force. in California or any other state or foreign nation in which CYNTHIA may have property at the time of her death. . If the marriage of the parties is dissolved by the death of CYNTHIA, FRANK agrees and hereby binds his personal representatives and heirs to agree to release and convey to CYNTHrA's estate any interest he may then have or claim to have in the separate property of CYNTHIA, including any property described in this agreement as.being the sepafate property of CYNTHIA or as belonging to CYNTHIA's separate estate, other than any benefit conferred on FRANK in this Post Marital Agreement. FRANK agrees to execute on request all instruments of release or conveyance that ~- CWS Page 12 of 24 . 'NOV-IB-2000 THU 12: 05 PM FAX NO, PI 14/25 are necessary to give effect to this agreement. CYNTHIA hereby binds her person~1 representatives and heirs to release and convey to FRANK all of the interest. if any• .that CYNTHIA or her estate may have in the then separate property of FRANK and in all the property described in this agreement as being the separate property of FRANK or as belonging to FRANK's separate estate unless otherwise provided for in this agreement. 8.2 CYNTHIA's Acceptance of FRANK's Will and Waivers to Be Signed on Death of FRANK CYNTHIA agrees to accept the provisions of any last will and testament and codicils that may be in effect at the time of FRANK's death in full discharge settlement. and l satisfaction of any and all right. title, and interest that she, as FRANK's wife, might otherwise acquire in his estate and property. Unless designated as a named beneficiary under a written instrument, CYNTHIA waives and releases to FRANK. his executors, administrators, or assigns, any and all rights of election given to her as the wife of FRANK,· or through her to her heirs. to take against his last will and testament under any statutes, now or hereafter in force, in California or any other state or foreign nation in which FRANK may have property at the time of his death. If the marriage of the parties is dissolved by the death of FRANK. CYNTHIA agrees and hereby binds her personal representatives and heirs to agree to release and convey to FRAN K's estate any interest she may then have or claim to have in the separate property of FRANK, including any property described in this agreement as being the separate property of FRANK or as belonging to FRANK's separate estate, otherthan any benefit conferred on CYNTHIA in this agreement. CYNTHrA agrees to execute on request all instruments of release or conveyance that are necessary to give effect to this agreement. FRANK hereby binds his personal representatives and heirs to release and convey to CYNTHIA all of the interest. if any. that FRANK or his estate may have in the then separate property of CYNTHIA and in all the property described in this agreement as being the separate property of CYNTHIA or as belonging to CYNTHIA's separate estate unless otherwise provided for in this agreement. B.3 Family Allowance to Surviving Spouse The parties agree that the surviving spouse will not have the right to petition the court for the payment of a family allowance for the sUPP9rt of the surviving spouse following the death of a party. In that regard. the surviving spouse hereby waives and releases to the deceased party and his or her executors, administrators, or assigns any and all rights to a family allowance now or hereafter in...force .in .. -.-... - -_ .... California or any other state or foreign jurisdiction. Page 13 of 24 t:uiffs C S ·-NOV-1~-2000 THU 12:06 PM FAX NO, p, 15/25 8.4 Life Estate in Homestead Subject to the following provision. each party irrevocably waives any right he or she might otherwise then have under the provisions of any IIhomestead" rights, now or . hereafter in force under the constitut~on· or the laws of Texas, the probate homestead in the State of California. or any other state or foreign nation, as well as all rights he or she might have under the provisions of the Texas Probate Code, as amended, relating to the right to have a fife estate in the homestead of the parties. ARTICLE 9 Other Provisions 9.1 Entire Agreement Each party has carefully read this agreement. including all schedules attached to it and other documents to which it refers. and has executed it in re.liance on the party's own judgment. This agreement replaces any earlier agreements or understandings. whether written or oral, and there are no contemporaneous written or oral agreements that are not fully expressed in it. ' . 9.2 Incorporation of Schedules All schedules and other instruments referred to in this agreement are incorporated into this agreement as completely as jf they were copied verbatim in the body of it. 9.3 Partiallnva/idity If any prOVision of this agreement ts for any reason found to be unenforceable, all other provisions nonetheless remain enforceable. 9.4 Enforceability This agreement may be enforced by suit in law or equity by either of the parties or by their heirs, executors, attorneys, or assigns. Each party agrees that, by signing. this agreement and accepting any benefit whatsoever under it, he or she is estopped and barred from making any claim of any kind at any time to any separate property or the separate estate of the other party or to any property described in this agreement as being the separate property of the other party. Each party waives his or her right to make claims to any separate property of the other party.or to any property designated as belonging to the separate estate of the other party, whether the property i,s acquired before or after this agreement is signed. 9.5 Successors This agreement binds -and inures to the benefit of the parties and their respective legatees, devisees, heirs. executors, legal and personal representatives, assigns, transferees, and successors in interest. 9.6 Amendment or Modification 17u4- cws Page 14 of 24 .. NOV-18-2000 THU 12: 07 PM FAX NO, p, 16/25 • ,'. ... II This agreement may be waived, abandoned, modified, amended, discharged, or terminated only by a written instrument signed by both parties. and their respective attorneys. that specifically identifies the waiver, abandonment, modification, amendment, discharge, ~r termination. 9.7 Effective Date This agreement takes effect when it is executed by both parties and will remain in effect even when the parties' marriage is dissolved by death or othervvise. 9.8 Execution of Documents Each party agrees to cooperate fully with the other in performing all acts and in executing. acknowledging, and delivering all instruments and documents required to accomplish the intent of this agreement, including but not limited to deeds, to assignments, and promissory notes. Each party agrees execute all documents required to accomplish the intent of this agreement within fourteen days after the documents are presented to the party for execution. 9.9 Attorney's Fees and Expenses for Enforcement If either party defaults in performing any obligation under this agreement so that the other party is required to engage the services of an attorney for enforcement or relief, or if either partY brings an action or other proceeding to enforce this agreement or to enforce any judgment, decree. or order made by a court in connection with this agreement. the -defaulting party must pay all reasonable attorney's fees, expert's fees. and other costs of the other party. 9.10 Waiver of Breach The waiver of any breach of any provision of this agreement does not waive any- other breach of that or any other provision. Waiver of any term of this agreement may be accomplished only concerning future performance and only by a written instrument signed by both parties expressly stating the provisions waived. 9.11 Titles and Captions Article headings, titles, and captions contained in this agreement are merely for - reference and do not define, limit, extend, or describe the scope of this agreement or any provision. 9.12 Representation The attorney representing FRANK is WARREN COLE of Houston, Texas. CYNTHIA has not received any legal, financial, or other kind of advice from FRANK or from his attorney, WARREN COLE. in connection with the advisability or nonadvis~bmty of entering into this agreement. dr& cws Page 15 of 24 FAX NO. P. 17/25 ... ... The attorney representing CYNTHIA is DONN C. FULLENWEIDER of Houston, Texas. FRANK has not received any legal. financial, or other kind of advice from CYNTHIA orfrom her attorney, DONN C. FULLENWEIDER, in connection with the advisability or non advisability of entering into this agreement. . 9.13 Place of Performance and Governing Law AU rights, duties, and obligations under thjs agreement are payable and enforceable in Texas. California, and any other jurisdiction in the United States in which enforcement of this agreement Is sought. This agreement must be construed, and its performance enforced, under Texas Jaw. 9.14 Multiple Originals This agreement" is executed in multiple originafs. This agreement is signed after execution. of the Waiver of Disclosure of Financial Information. ARTICLE 10 Representations and Warranties . WARNING EACH PARTY TO THIS AGREEMENT UNDERSTANDS THAT BY SIGNING THIS DOCUMENT HE OR SHE IS PERMANENTLY SURRENDERING RIGHTS AND CLAIMS HE OR SHE WOULD OTHERWISE HAVE UNDER TeXAS LAW AND UNDER THE LAW OF OTHER JURISDICTIONS. 10.1 Representations and Warranties of CYNTHIA My name is CYNTHIA WHITE SINATRA. I represent and warrant that: 1. I have carefully read each and every p"ge of this agreement and all schedules attached or referred to, in their entirety. 3. I AM ENTERING INTO THIS AGREEMENT AFTER RECEIVING THE ADVICE OF INDEPENDENT COUNSEL AND BASED ON MY KNOWLEDGE AS AN ATTORNEY. 4. I have given careful and mature thought to the making of this agreement. 5. I fully and completely understand each provision of this agre·ement. concerning both the subject matter and the legal effect. I further acknowledge that this agreement was not procured by fraud, duress, or overreaching. t?u:2 Page 16 of 24 cws ··NOV-16-2000 THU 12:08 PM FAX NO. P. 18/25 .. ', 6.,' I have jnv~stjgated the property and financiar obfigations of FRANCIS WAYNE SINATRA sUfficiently' to satisfy any questions I have in that regard. and I expressly waive any right to disclosure of the property and financial obligations of FRANCIS WAYNE SINATRA beyond the disclosures provided. 7. I am not relying on any fiduciary obligations owed by one party to the other or on any duty of disclosure founded on a confidential or other relationship between the parties. Furthermore, I am not relying on any legal or accounting advice or representation of fact or law provided by FRANCIS WAYNE SINATRA or anyone acting on his behalf. B. . r fully understand that, by signing this agreement and accepting any benefit whatsoever under it. I will be estopped from making any claim of any kind at any time to any separate property or the separate estate of FRANCIS WAYNE SINATRA. except as expressly provided for in this agreement. 9. I fully understand that by executing this agreement I may be adversely affectjng my inheritance rights and property and that I am permanently surrendering rights to income and property I would otherwise have under Texas Jaw. 10. I am executing this agreement with intent to be bound fully by aU its terms. "- CYN ~IA WHITE s~ ~- '~ ~~ -- 10.2 Representations and Warranties of FRANK My name is FRANCIS WAYNE SINATRA. I represent and warrant that: 1. I have carefully read each and every page of this agreement and a1l schedules attached or referred to, in their entirety. 2. I am fully and completely informed by my attorney about the law relating to the subject matter of this agreement and about the spousal rights and liabilities of both parties. 3. I AM ENTERING lNTO THIS AGREEMENT VOLUNTARILY AFTER RECEIVING THE ADVICE OF INDEPENDENT COUNSEL. 4. I have given careful and mature thought to the making of this agreement. ~- Page 17 of 24 ~ CW5 . NOV-1.6-2000 THU 12: 09 PM FAX NO• P. 19/25 5. I ful1y and completely understand each provision of this agreement. concerning both the subject matter and the legal effect. I further acknowledge that this agreement was not procured by fraud, duress. or overreaching. . 6. I have investigated the property and financial obligations of CYNTHIA WHITE SINATRA sufficiently to satisfy 'any questions J have in that regard, and t expressly waive any right to disclosure of the property and financial obligations of CYNTHIA WHITE SINATRA beyond the disclosures provided. 7. I am not relying on any fiduciary obligations owed by one party to the other or on any duty of disclosure founded on a confidential or other relationship between the parties. Furthermore, J am not relying on any regat or accounting advice or representation of fact or law provided by CYNTHIA WHITE SINATRA or anyone acting on her behalf. 8. I fully understand that, by signing this agreement and accepting any benefit whatsoever under it, I will be estopped from making any claim of any kind at any time to any separate property orthe separate estate of CYNTHIA WHITE SINATRA, except as expressly provided for in this agreement. 9. 1fully understand that by executing this agreement f may be adversely affecting my inheritance rights and property and that I am permanently surrendering rights to income and property I would otherwise have under Texas law. 10. J am executing this agreement with' intent to be bound fully by all its terms. F ExggurEO in rm:Itipt.originals on the dates and at the times of t shownDelow. STATEOF ___________ COUNTY OF _ _-_~ as' acknowledged before me at _ _ _ _ _ _ __ _ ~~-------_ by FRAN'CIS WAYNE SINATRA. FWS Page 18 of 24 · ": NOV-t6-2000 THU 12: 10 PM FAX NO. P. 20/25 Notary Public, State of _ _ _ __ )( )( This instrum nt was acknowledged before me at _~_--.....~_ _ _' M. on ______~------ by CYNTHIA WHITE SINATRA, Notary Public, State of California Page 19 of 24 WDV-16-2000 THU 12:10 PM FAX NO. P. 21/25 SCHEDULE A PROPERTY CONFIRMED AS FRANK'S SEPARATE PROPERTY A, Real Estate: " The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans. home security access and code. garage door opener, warranties and service contracts, and title and closing documents, to wit: ' D. The unimproved real property located in Idylwild, California, subject to all existing encumbrances and legally described as follows: Lot 14, Tract 3606 in the City of Idylwild, County of Riverside, State of California as per Maps recorded in Book 62, Pages 90-92 of Maps in the Office o,t the County Recorder of said County; E. The residential real property and townhouse located at 820 South Gretna Green. Unit 7. Los Angeles, California and improvements, subject to all existing encumbrances legally described as follows: Lot 1 of condominiums, Unit 7 of Tract 36906 of Maps in Book 963, Page 25 of Maps recorded in the Office of the County Recorded of said County F. The real property and residence located at 9759 Suffolk Drive, Los Angeles. California, subject to alf existing encumbrances, legally described as follows: lot 48 of Tract 24946 in the City of Los Angeles, County of Los Angeles, State of California, as per Maps recorded In Book 842, Pages 82-94 as per Maps recorded in the Office of the County Recorder of sard County 2. Cash, Checking, Savings and Brokerage Accounts All cash and bank accounts standing in FRANK's name and/or held on FRANK's behalf by any entity andlor individual. 3. Stocks and Bonds All sto'cks and bonds of any kind and nature standing in FRANK'S name andlor held on FRANK's behalf by any other person or entity. 4. Partnerships, Trusts, and Other Business Interests , The following partnerships/S Corporations and Trusts in which FRANK has an interest: Sheffield Enterprises, Inc. ~ Page 20 of 24· ·. ."N,OV-16-2000 THU 12: 10 PM FAX NO. P. 22/25 Essex Productions, Limited Partnership Bristol Productions, Limited Partnership Somerset Rear Estate Trust Franksinatra.c.om AK Cellars Winery Somerset Distributors. Inc. Somerset Trust 5. Retirement, Pension and FRANK'S Employee Benefit Plans All sums. whether matured or unmatured, accrued or unaccrued, vested or othelWise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan. retirement plan. Keogh plan, pension plan. employee stock qption plan. 401 (k) plan, employee savings plan, accrued unpaid bonuses, disability plan, orotherbenefits existing by reason of the FRANK'S past, present, or future employment. including, but not limited to, the foJlowing retirement accounts: A. Screen Actors Guild (SAG) Pension Plan; B. American Federation of Radio and Television Artist (AFTRA) Pension Plan 6. Life Insurance Policies All right, title and interest, both legal and beneficial, in and to any life insurance policy in which FRANK is the owner, including, but not limited to. the following life insurance policies: A. First Cofony Life Insurance policy number 2153436; B. First Colony Life Insurance policy number 2350893: C. Union Central Life Insurance policy number 03041827; D. American Federation of Musicians. Local 47 policy 7. Automobiles A. One 1991 Buick Reatta automobile, bearing California license number 2WBY559, subject to all existing encumbrances. B. One 1999 Buick Regal automobile, bearing California license number 4EGY479. subject to all existing encumbrances. C. One 2001 Chevrolet Impala automobile, bearing California license number _ _ _" subject to all existing encumbrances. D. One 2000 ChryslerTown and Country automobile, bearing California license number J73JXY t subject to all existing encumbrances. 8. Personal Property Page 21 of 24 .~OV-16-2000 THU 12:11 PM FAX NO • P. 23/25 A. All furniture and furnishings, artwork an~ per~ona! property in FRANK's possession and/or under his control. B. All professional equipment and camera equipment in FRANK's possession and/or under his control. C. All of FRANK's clothing, jewelry and personal effects. 7. Miscellaneous .. . A. AU notes and loans receivable due and owing to FRANK from any source. B. All notes and loans receivable due and owing to FRANK from any source. ~ce>- CWS Page 22 of 24 ·NOV-16-2000 THU 12:11 PM FAX NO. P. 24/25 SCHEDULE B PROPERTY CONFIRMED AS CYNTHIA'S' SEPARATE PROPERTY 1. . Real Estate: . The following rear property, including but not limited to any escrow funds, prepaid insurance. utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing LJ _ documents, to wit: ~ ~ ~ J 'Y.)..CJ c7/d' ~/~ ,,~ /}1/~J -7~ / 77~ry . ---r~7 a. Cash, Checking, Savings and Brokerage Accounts The following right, title and interest in and. to the below listed Cash. Checking l Savings and Brokerage Accounts a,tat ~ //h1/~ ~~~~ ~-~ 13. =/7 /~~.~~~~ ~~"/,'f- -All right, title BAd iRterest, betA legal and aeftefieiel, in and to the- a. . d. Individual Retirement Account(s) ~ .. 4~ ~ ~ht, title and interest in aRdto the ~ny I'~ d1A e. LAllhe·~ right, I~ijl· nsurance p'olicles ~~~. title and interest. both legal and beneficial, in~d to tim ~/'" ~ --y- ~ , • ·~~~~7~- .. f. ~ersonal Property a. The following furniture, furnishings, fixtures, goods r art objects, collectibles, appliances, and equipment: b. All clothing, Jewelry, and other personal effects in the possession of CYNTHIA or subject to her sole control Page 23 of 24 FAX NO. P. 25/25 t • c. Any item in any room that was given as gifts to CYNTHIA. g. Page 24 of 24 .~ C . '! • . ' ... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~&X'«««..er««..ar«.a'««««««««.e<'«««H§««««A.~«««««':\!<'««««~«~««*ri ~ ~ ~ State of California . ~ }' l ~ County of 6s. ~ SS. I ~ - ~ ~ ~ )~v.Da(hq~tJ!!.b~oreme. ~fi;i. . f.,~_~;'~f..~~~ ! . On ~. ~ personalJy appeared c- ~ . . J ~A.LI ( tv 1-)-( f;C-rI .~ .~ ~ ~ '6 - pel sOlld!ly kl lOWI I to me ~ .~ ~ proved to me on the basis of satisfactory ~ ~s *' 1" ~ evidence ~ ~." l~'. to be the person("'" whose name( ...1 is/ase- ~l':. ~ ~ i ~ G~La;o J~~~~ • CommlsslonI# 1181717 J 'II subscribed to the within Instrument and .acknowledged to me that~she/they executed '71 ~ ~ .~. :z 1& Notary Publfc _CoJifanig ;; the same in hi6lher/thetr authorized ~ $. ~ LcsAngelesr~lW'Ofo. ~ capacity(~, and' that by his/her/their .~ .~ ~ • .: • :v;c:vn&;lies;;i{2XJ2 I signature(~ on the instrument the person(,). or ~ ~ • • • • • • I. ~hc~e~~~~e~~:d ~~:~~:fr~;:~~~ the person~) ~ ~ ~. ~ ~ ~ .~ ~ ,~- ~ ~ ~ ~ ~ ~~~~ ~ ~ ~ ~ ~ i Though the information below ;s not requ;red by law. it may prove valuable to persons relying on the document ~ ~ and could prevent fraudulent removal and reattachment of this form to another document. .~ ~ ~escriptlon of Attached DocumentJL __ "}" •..L '! 3 T,tleorTypeofDocument: V7J':51 ,)~' _I!. "..~. ~~ ~ ~ :~ Document Date: 1I/1km Number of Pages: .(a.~,) ".~ r .0"~,~ I _ _ _...Jt:It.;~...~~~~=.t._~~!L-~~~~-=---';;;~-&-';=.L."';""::""=1UL. Signer(s) Other Than Named Above: ~~; ~ ~ ? ~ Capacity(ies) Claimed by Signer~."'!IIIPA18 Nam~ ~i~.~ S ~ ~ ~ ~ ~ ~ 'If ~ ~ ~, ~ ... .X ',' ~<. , ~ ... .~ ~ .. " ~ A. .; ~ ~6 : !997 t..Ialional Notary AssOCiation • 9350 Oe Solo Ave .• P.O. Box 2402 • ChalsWOf1h. CA 913'3·2402 Prod. No. 5907 Reorder: Call ToU·Free 1-800-87808827 SUMMARY OF $$ TOIFOR BENEFIT OF CS SCH. C CAP GIL FEDERAL STATE REMAINING TO YEAR WAGES , INTERE DIVIDEND INCOME LOSSES PTRSHPS TAXES PAID TA XES PAID COM $$ 1 C. SINATRA 2003 1,906 10,448 285 (128,247 (3,000) 748,387 (147,563 (47,932) 437,284 194,002 2004 154 8,333 474 (152 ,304 (3 ,000) 705,323 (126 ,152) (4 1,304 394,524 88,574 2005 27,489 23,905 38,322 (359 ,617 1,364 ,359 1,224,18 1 (505, 134 (2 19,377) 229,769 818,839 2006 4,995 46,534 4,885 (159 ,723 (3,000 1, 101,857 (259,377 (84,41 3) 654,758 503 ,347 2007 7,307 22,436 24,725 (44,566 12,367,795 30,338 (1,848,998 (1,149,552 (2,958 ,310) 903 ,706 2008 6,455 55,426 22,664 (249, 138 1,202 1,182,353 (259,864 (77,889) 680,007 1,009,92 1 2009 9,017 18,649 1,602 (102,050 (200 486,472 (93,407 (23,345 296,938 434,362 2010 18,949 438 324 121,509 1,303 543,044 (198,447 (5 1,724 ) 434,093 315,759 20 11 17,098 903 134 114,447 (289 445 ,864 (167 ,956 (47,446) 363,044 283,647 2012 4,364 14,092 4,809 124,671 5,550 479 ,813 (180 ,503 (62,98 1) 384,265 113,320 2013 4,288 14,699 14,358 132,248 4,671 188,084 (105,422 (21,134) 227, 121 47,182 Totals 102,022 215,863 112,582 (702,770) 13,735,391 7,135,716 (3,892,823) (1,827,097) 1,143,493 4,712,659 1 This amount reflects on ly what may have been deemed as commun ity income. All CG/Losses are not included since that wou ld be sepa rate property . EXHIBIT R-S2 (1 of 1) 16 1 2 3 4 5 6 7 8 9 10 11 12 Respondent's Exhibit No. 72 FWS Trial Inventory & Appraisement 13 14 15 16 17 18 19 20 21 22 23 24 25 Cause No. 46 184 1 .1. I. .1. __ TRIAL INVENTORY OF FRANCIS W. SINATRA, JR. - - - - 329TH Distric t Court Wharton Co unty. TO)(a8 --- - t BAL. PARTY COM. HUS . WIFE I ASSET/LIA BILITY AS OF IN POSS VALUE SEP. SEP. NOTES I I I I I I Exhibit No. t REAL ESTATE I I 10706 Hensel Rd., Beverly Hills , CA IseeGrant Deed (FW5D2518 to FWSOO2S 19) R41 - Grant Deed 1 lot 9 of Tract No. 21845, per map recorded in Book 6 19, • John Eckel and Gwenn Eckel GRANT 10 Francis Wayne Sinatra , Trustee i paQCS 63 and 84 Induslve olll.laos 1 1 I 4 .600.000.00 I of t/le Francis W. Sina tra Trust datod J une 15, 1998 " Adjustable Rate Mortgage execu ted AugustS, 2012 - City Nalional Bank for S 1,800,000 -FWS Trus t paid the 51 .800,000 on 12-20-2007 (FWS 002520 to FWS 002525 ) I See also Deed 01 Trust (AugustS, 2012) (FWS002527 to FWS002543) 2 I Less MorTgage CNB Finance I (1,806,000,00) "Borrowe(' Fran cis Wayne Sinatra - "Tru sto(' Francis W ayne Sinatra, Truslee 01 the Francis W, Sinatra Trust" R42 _ Adjus table Rate r..lor1gage See also Scheudle A _ 2007 Tax return (FWSOO0853) I Line 10 _ "Home mortgage interest paid and rep orted on lor 1098 - (553 ,753) I NOTE _ FWS Trust pai d Cily National Bank 51.806 ,000 on 12-20-2007, 19 13 Kel .... ing W ay. Wharton TX (50% undi .... ided interest) 3 Lo t Fi ve (5) LESS , SAVE (2 1.75%), Essex R" 1.700,000.00 Production LP. (33%) and Sheffield Enterprises , tne. (27%) RSO I F, an ~ W. Sonalra , Jr. Page t EXHIBIT R-72 (1 of 2) I I I I I Cause No. 46, 184 TRIAL INVENTORY OF FRANCIS W. SINATRA, JR. 329TH District Court - - - ------ _.. -- Wharton County, Texas BAL. PARTY I COM. I HUS. WIFE ASSETILIABILITY AS OF IN POSS I VALUE I SEP. SEP. NOTES PENSIONIRE'iTREMENYlfRAS I I 10 Screen Actor's Guild (SAG) Confirmed as FSWs SP - Page 3 (F) of 24 and Page i 21 of Post Marital Agreement R23 11 ~merjcan Federation of Television & Radio Artists (AFTRA) 21 (5) of Post Marital Agreement R23 11"2 American Federation of Musicians (AFM) 1 Confirmed as FSWs SP - Page 3 (F) of 24 R23 --- LIFE INSURANCE I - .' ------- - -- 11 First Colonv Life Insurance Dolicv number 2153436 Confirmed as FSWs SP - Paae 21 of 24 of Post Marital Agreement R23 14 First Colon~ Life Insurance 201i~ number 2350893 Confirmed as FSWs SP - Page 21 of 24 of Post Marital Agreement R23 15 Union Central Life Insurance Dolicv number 03041627 Confirmed as FSWs SP - Paae 21 of 24 of Post Marital Agreement R23 16 !American Federation of Musicians. Local 47 Policv Confirmed as FSWs SP - Page 21 of 24 of Post Marital Agreement R23 I I PERSONAL PROPERTY I I I I ---- - - i I I 17 IFurniture & Furnishings - 9706 Hensel Rd. I 150.000.00 18 Furniture & Furnishings - 1913 Kelving Way. Wharton TX I undetermined I I MISCELLANEOUS I I I I IFWSOOOO56 - ,ig"". 01·1(>-2005 19 :Promissory Note i I $40,000 plus interest at 5% due and payable pon the sake of 3420 Old ICynthia Sinatra to Frank Sinatra (01-10-2005) - 40,000.00 Canney Road, Wharton, Texas 77478. ___ , __ , _ R33 already admitted I I - - - - I TOTAL GROSS ESTATE I I 0,00 3,304,564.02 0.00 I I ... n ...... , ... ., rencer as negarwes) I I w-Ipersoanl Loan from George Kalinsky 0.00 (10,000.00) - - Promissory Nole - Th-e Francis W. Sinatra Trust owes to 21 Nancy Sinatra Lambert Trust - March 14.2014 (250,000.00) March 14.2014 Promissory Note R51 " I TOTAL LIABILITIES I 0.00 I -- - - - - - -, , I NET ESTATE I 0.00 3.044.564.02 I 0.00 Frlln~ W. Sinatra. Jr. 5131/2014 PIIgo2 EXHIBIT R-72 (2 of 2) 31 1 2 3 4 5 6 7 8 9 10 11 12 Petitioner's Exhibit No. 27 Memo from F. Sinatra to Matt 13 14 15 16 17 18 19 20 21 22 23 24 25 HNU"l-tLY LIU. To: Matt Re: Cynthia expenses Dear Matt, As of September 1st. 2009, the following items will still be paid by me. a) Mortgage on property: 1913 Kelving Way Court, Wharton Texas 77 48B. (This payment will be applied each month directly from my bank account at Prosperity Bank. Wharton Texas). b) All charges concerning or related to utilities; (gas, water and electricity). c) Any and all repairs pertaining to the actoal structure of the building; (including: roof, floors, wails, built in appliances such as refrigerators, freezers, air conditioners, heaters, as well as plumbing and electrical work). d) Comprehensive health insurance for Cynthia Sinatra, Brittany Brink, and Victoria Brink. This does not include deductibles incurred at time of c\aim(s). eJ Requirements for tuitions, books, and 'other similar expenses necessary for the continuing college education of both girls. f) The sum of $1,000.00 per month to each girl for assistance in their living expenses while in school. It Is my considered opinion that when out of school both girls are of age and capability to secure gainful employment. g) The sum of $2,800.00 per month to Cynthia as prOvided in the Citi Bank credit card that has an account number different than my own, and is written in her name. h) As of this writing, I am not aware of any other liabilities that I have found necessary to pay on behalf of Cynthia or the girls, however I will make additions or subtractions to the above list, as required if and when they occur. Also as of this date, there will be no furtller contributions of supplemental monies by my credit card, as there have been in the past, to assist in the payment of Cynthia's other expenses. I have discussed this situation with her and she assures me that she will be making at least enough income to cover these expenses, which are in reality, a lesser figure each month than the contributions I make. The only exceptions to the above mentioned "contributions of supplemental monies" would be provided in cases of emergencies. The determination of these exceptions will be made by me alone, if and when an emergency situation arises. At such a time, I will instruct the office to issue the necessary funds. This policy begins as previously stated, September 1". 2009 (Au.Jt.~~§;m:'::".,) PETITIONER'S EXHIBIT '2. 1 32 1 2 3 4 5 6 7 8 9 10 11 12 Petitioner's Exhibit No. 28 Memo from F. Sinatra to Matt 13 14 15 16 17 18 19 20 21 22 23 24 25 H !'iU "IHL! L! U . Matt, Please consider the following information enclosed as page 2 to be added to my memo to you of August 26"'. a) Membership and expenses at the Wharton Country Club are in fact my expenses which are used by Cynthia who is a vice president of the organization. [will continue to pay the charges incurred there as long as they do not get out of hand, at which time I will either settle this with Cynthia, or cancel the membership all together. The decision will be mine. b) Cynthia and both girls will continue to receive the use of Mobile Exxon as long as they do not exceed $200.00 per month, as Randy and I have previously agreed. c) As I believe I had mentioned earlier, any medical expenses of an emergency nature will be met by me for the health of Cynthia and the girls. Any other medical charges of a non-emergency nature will have to be absorbed by them. d) Any and all travel expenditures will have to be mutually agreed upon by Cynthia and myself. As to the girls, I am hoping that within reason, they will now call upon their father for assistance for such requirements. e) Prescriptions and other like items will also be mutually agreed upon by Cynthia, the girls, and myself. f) Replacement of necessary appliances in Cynthia's home will be paid for by me, in view of the decision recently made by Cynthia that she intends to sell her current large home, and seek residence in a smaller one. (keeping the house up to date and repair will increase its value). g) As far as publishers and leagues of women voters, I have no knowledge of current activities that Cynthia may have with such interests. In the future, we will address them as they arrive. From time to time, other items for consideration will come up. Those things which are not now addressed in this collective memo will have to be dealt with if and when they appear. There are financial issues that may come to pass in the coming months and years. We will consider them one by one. Be advised that this list is subject to change at any time if I should deem such change to be necessary. I am taking every possible step to stop this on going financial hemorrhaging. (August 30,2009/18:51hrs PDT message ends) f» ~ PETITIONER'S TOTRL P.02 EXHIBIT 33 1 2 3 4 5 6 7 8 9 10 11 12 Petitioner's Exhibit No. 29 Letter from Weapons to F. Sinatra 13 14 15 16 17 18 19 20 21 22 23 24 25 CYNTHIA SINATRA Attorney and COlU1selor at Law 2120 Welch Street ,I>.ETITIONER'S- Houston, Texas 77019 EXHIBIT (713) 225-8500 (713) 523-7887 FAX cynthiasinatra@aol.com SinaLTalaw.com August 31, 2009 Deal' Francis, I know that Jackson Hole is one of the most beautiful places on this earth. I have been there many times and had hoped that you would include me in special trips, such as this. I am glad that you enjoyed the trip and had the opportunity to inhale the Grand Tetons with your friends. Yes, I am disappointed in our relationship. I am excluded from the important moments in your life. I was hoping that by now you would have realized that I am an asset to you and your organization and not a liability. Please note that for months, I have had no credit on my credit card. I checked today. I have not used it. I have not other income, and you have promised that I would have $2800 credit each month for prescriptions and food. Please assure that by tomorrow, September 1, 2009, that I have the $2800 allotment. I am going to pay my electricity, water, prescriptions and food with that amOW1t. Thank you for promptly calling Matt and seeing tl1at tlus is taken care of. Always, f-- Weapons 34 1 2 3 4 5 6 7 8 9 10 11 12 Petitioner's Exhibit No. 30 Letter from Weapons to F. Sinatra 13 14 15 16 17 18 19 20 21 22 23 24 25 .. PETITIONER'S CONFIDENTIAlL EXHIBIT CYNTHIA SINATRA Attorney and COLU1selor at Law 2120 Welch SlTeet Houston, Texas 77019 (713) 225-8500 (713) 523-7887 FAX cynthiasinatra@aol. com Sinatralaw.com September 13, 2009 FF and Company By Fax: 310-258-1507 Dear Francis, I have just read tlu'ough your memo to Matt, and I want you to know that I appreciate your fight to continue to protect us from harm. I ~ cutting back as much as I can, and I am feeling positive about a job coming up in the near future. In subsection b) you state tllat we have use of the Exxon card up to $200. Is that $200 per person? I know that all of three of our vehicles will not be able to be fueled at such rationing. Is this a clerical mistaJ. THINGS TH E WAY THAT you WISHED THE1"fTO BE . I HAV!'. BROKEN MY BACK SO MA NY TIMES TO KEEP nus ORD ER OF'THI NGS FOR YOU AND THF. GllU.s IN EXACTlY THIS WAY. BUr NOW THE TIME IS COME WHEN I CAN NO LON GER DO SUCH THINGS. PROFESSlONALLY AS WELL AS FINANCIALY, I AM FIGHTING FOR MY VRRY LIFE. \\lHEN WE WERE MARRlED, I PROVED MYSELf NOT TO 131.'. T Ii E HUSBAND YOU WANTED. NOT BY A LONG SHOT. AND EVEN TODAY, IT HURTS ME TO THINK or HOW INADEQUATE I WAS. I M.ADEMY MIND UP AfTER OUR MARlUAG£ FAILED THAT I WOULD AT LE.AST BE STEADfAST AND COMPLETE IN ONE PROMISE I HAD MADE TO YOU. I ALWAYS TOLD YOU THAT HOWEVER GREAT OR H UMBLE, I WOULD ALWAYS "SHARE MY FORTUNE WITH YOU". TJ-([S, I HA VE FAITHFULLY CARRIED OUT WITH OUT A FAILURE, OR A HESITA'nO N. PROMISED TO TAKE CARE OFYOU AND THE GIRLS. 1 HAV E KJ':p'rMY PROMISE IN SI'IARlNG WITH YOU, ALL OF MY RESOURCES. BUT ONE THING J NEVER PROMISED YOU WAS .. ... EVERYfHl.NG". I~ I PRnMlT THI N GS TO CONTINUE THE WAY ·tHEY HAVE BEEN FOR THE PAST 17 YEARS, THAT IS F.XACTI..Y WHA'j' YOU \v/LL HAV /:l HNDED UP TAKING FROM ME ... EVERYrnINGI THIS IS WHY I HAVE BEGGED YOU TO GO BACK TO WORK., SO THAT SOME OF TI-lR HEAT WID. BE REMOVED PROM MY PICTURE BEFO RE I GO BROKE. TTlEltE 1S NO REASON FOR ME TO DST AGAIN TI..m DFTAlJ.5 OF MY MASSIVE CONTRlllUTIONS 1'0 BOTH YOU AND THE GIRLS THROUGH ALL or- THE YEARS, BECAUSE YOU K..'JOW THEM SO WELL. I SENT A !..lST TO MRS.HENSLEY OF ALL THE RESPONS lBIUTJES THAT I WILL CONTINUE TO ASSUME IN THE FUTURE. OBVlOUSLY SHE SHO\VED 11' TO YOU, AND THEN YOU SEND A TEXT SCOLDlNG ME cOR SENDlNG n' TO I·IF.R AND NOT TO YOU. YOU ARE THE ONE WI·IO I'IAD llR(JKEN OFF COMMUNICATION. --; . SEP-29-2009 16:25 P.02/02 ~.""'"" (' IN ONE INSTANCE, YOU PROMISE THAT YOU WILL GO BACK TO WORK IN ORDER TO HELP TAKE THE BURDEN OFF ME. I RENT FOR YOU ONE OFFICE, AND THEN ANOTHER.. NEITHER ONE YOU USB FOR THE PRACICE OF LAW. IN ANOTHER INSTANCE, YOU BECOME ANGRY Kf ME AND TELL ME TI-JAT IF I WASN'T SUPPORTING JOCIE,. I WOUlD S141LLBEABLE TO PAY ALL OF YOUR BIllS AND THEUKE. MY SUPPORT OF YOU AND THE GIRLS IN nIlS TIME PERIOD REMAINS NEARLY 310,000.000 PER MONTH. 1 DON'T UNDERSTAND WHY YOU WIll. NOT ACCEPT TIllS AS A BASIS FOR YOUR fINANCIAL UFE, AND PICK. UP THE REST OF THE COSTS BY WOR.I