Drew and Ruthie met and began dating. Drew had a party at his house on May 10th 2010 and Ruthie returned the following night for a dish she left. They went out that night... and saw each other every night from that day forward till Drew went hunting with Jake and Ruthie's father the following spring.
Drew and Ruthie were engaged July 4th 2009 as Drew had been told on March 9th by his attorney he would be divorced in 2 weeks. His ex-wife Corinn's mother was not happy however with the divorce and hired a third attorney and began to fight the mediation agreement. Drew finally got his divorce bifurcation and finalization on June 16th 2009 and Ruthie and Drew threw together a wedding and were married on June 26th 2010.
Drew and Ruthie were being hounded by Candace and Corinn and had spent $7,000 quashing subpoenas looking into Ruthie's employment history and finances. It was very very stressful. Ruthie Miscarried in December. They finally filed for divorce intending to use it as a way to prevent the harassment but not intending to be divorced (really). Their expectation was that without the divorce education course they would not actually be granted the divorce and could drop the divorce action before that time actually came. The judge signed the decree on February 16th 2011 just 8 days later. They did not realize this was the case until August of 2011 when they found out and were remarried the next day.
Drew and Ruthie Remarried in August of 2010 as they had not realized that they were divorced! Matthew Flinders performed the ceremony at his home. The decree specifically addresses in clause three real estate. It states that the parties did not acquire any real property during the marriage. Clause 4 states that there will be no Alimony. At the time the application was filled out on 1-24-2011 this was true. In any case as per Kelly v. Kelly Case No. 990711CA If there is no change in teh pre-divorce relationship or living arrangements and there is continued cohabitation. And no one in the community or family are told of the divorce. And the financial relationship remains the same.
Drew and Ruthie Remarry
On January 3rd 2012 she makes him sleep downstairs in the house and effectively separates by not speaking to him any more and abandoning all activity together and vacationing with her friends without any notification of where she is or when she will return. This lasts till February 14th 2013 when she moves out.
Ruthie rents from Carol Draney
This layer will show debt.
Chase: 05-18-09 Balance $5,317.22
Cabelas: 03-27-09 Balance $6436.98 - 04/26/2009 Balance $7,146.31 - 06/23/2009 Balance $7,484.48
Drew Had 2 Credit Cards at this point:
Chase: 05/18/09 Balance was $5,317.22 -
Cabelas: 05/24/09 Balance was $7,146.31 - 06/23/09 Balance was 7,484.48 - 07/22/09 Balance was $11,735.46. Ruth's Ring $$3,750 purchased on 06/22 - 08/27/09 Balance was $10,301 -
Cabellas: 10/28/09 Balance was $9,551 - 11/27/09 Balance was 10,068.89 - 12/29/09 Balance was $8,618.15
We were engaged. Ruthie had moved into my home. Things were easing up a bit financially. I had saved (and given to my mother to hold for me) $11,000 as emergency reserves. I did not want that money to show in my accounts as I was still very much involved in a very nasty divorce and did not want my ex wife to think I was able to save any money. She had asked for an impossible astronimical $9,000 per month in support and was very disappointed that I had filed in October of 2008 for a change in my temporary support order as my income had dramatically dropped. This is why I had the money in the bank. I tried to keep that money balanced and at about the equivalent level to my credit card debt. I was a little behind (that summer came with some additional costs as I met Ruthie, dating is expensive and had purchased her a 2 Carat diamond ring. However I had this money in the bank. I found out that Ruthie had $11,000 in credit card debt and rather than pay my debt which I was concerned would have created problems in my divorce... and rather than my fiancé, soon as possible to be my wife. Incurring crazy amounts of interest... I said lets pay your debt off. So I got the money from my mother and we paid all her credit card debt off. I had thought we would have been married by then. I had a strong desire to help her and myself avoid accruing more interest... She was scheduled to be my wife and I was head over heels...
Cabelas: 02/22/10 Balance was $10,542 -
In order to get Ratio's back in line Drew had to borrow $16,000 from his grandmother as he used his cash a month before to pay off Ruthie's Credit Card. He still owes $11,880 and is three months beyond the note's balloon. Monthly Payment is $187.67.
Cabelas: 06/27/2010 Balance $11,177.90
Cabelas: 08/27/2010 balande was $11,275.59 - 09/27/2010 Balance was $6,702.19 (made $4,674 payment 08/31)
Cabelas: 11/26/10 balance was $6938.02
Cabelas: 1-21-11 Balance $6892.05 - 2-22-2011 Balance $6782.28 - 3-22-11 $6734.10
Chase: $6,682.93 on 04-27-2011 - $6,632.36 on 5-27-2011 - $6,585 on 6-27-2011 (Ruth's Handwriting -$0 paid of to Chase 1.99%)
Cabelas: 03/22/2011 $6,782.28
Chase: $0 on 10-28-2011
Citi Platinum Select: $0
Citi Thank You: $8904.47
All as of 5-3-2013
Taxes Past Due $9966 Federal, $5044 state for 2012
We also owe our CPA $1850 in Tax Prep Costs going back to 2011. The bill is higher but this is the cost since that time.
This layer will show debt on vehicles.
The Fleetwood was sold at a loss of $33,777 which was paid down to $31,278 by June 7th 2010.
Drew's Truck Traded Towards Yukon Plus $6312.00 Secure a loan on the Yukon for $37,619. Drew's Truck trades in for $20,000 on the Yukon. He owes $31,278.19 on June of 2011 when the signature loan is secured by the Yukon. Thus his pre-marital debt on the Motor Home is $11,278 and then in October he sells his boat for $6800 which retires all but $4478 worth of premarital debt on motorhomes/vehicles.
BMW Loan was initiated without Ruthie at AFCU 5-18-2010 and $12,500 monthly of $234 and was paid off on 4-09-2012.
Yukon XL Loan was initiated on 09-21-2011 and Ruthie and Drew were both on the loan. It was much smaller due to the sale of Drew's boat that paid down the $31,306 that had to be paid off at MACU. The monthly payment was $457, the initial balance was $25,579.03. It was paid off on 06-06-2012. Balance was $22,362.16 when it was moved to UCCU. Some of the money from Drew's boat sale was used to purchase the ATV. That is why the difference between $25579 and $31306 is just $5727 when the boat sold for $6300.
Matrix was initiated at AFCU on 09-21-2011 by Drew and Ruthie and was transferred from Toyota Credit where the rate was very high and it was just in Ruthie's name. The AFCU loan balance was initially $3,319.29 and the monthly payment was $74. It was paid off on January 11th of 2012.
The loan was initiated on 07/19/2012 for $23,000 and when it was paid off the balance was $19757.54. $15,600 from the buyer and $4157.54 from the loan on the car.
$12,000 and now the pay off is $11,232.63. $214.19 is the monthly payment.
This loan was obtained for $5000 to pay shortage on the Yukon XL. Payment is $422.56
This lense is being used by Ruthie for taking pictures. It is owned by Armstrong, Flinders and Associates. It was purchased in 2002 but I put it in here as 2009 so as not to stretch the time line out too far.
Drew Budgets $5000 for Ruthie to use to make the house feel personalized. It is Drew's money for furnishing Drew's house. Ruth chooses the furnishings and they shop for the items together. Towels and Rugs purchased at Costco, World market and Pier One, Used $2000 Intellibed purchased in Davis County, Bedroom Set Purchased in Sandy.
Date Type Status Details Amount
Feb 11, 2010 Charge From Credit Card CompletedYour transfer from your credit card to your PayPal account is complete.Your transfer from your credit card to your PayPal account is complete. Details $1,160.00 USD
Feb 11, 2010
Item # Item Title Qty Price Subtotal
XXXXXX975892 Ladies Platinum Diamond Eternity Band 1 $1,140.00 USD $1,140.00 USD
Shipping & Handling via Canada Post Xpresspost - USA
(includes any seller handling fees): $20.00 USD
Shipping Insurance : --
Total: $1,160.00 USD
John Andrew Armstrong
Jacob Alter (The recipient of this payment is Non-U.S. - Verified)
$1,160.00 USD - Visa Credit Card XXXX-XXXX-XXXX-6205
This credit card transaction will appear on your bill as "PAYPAL *JACOBALTER".
I used some money from a trade at work plus my refund from my escrow on my house. And money from selling my Muzzle Loader and money from selling my $1000 canon Lens. (I bought myself one as well but mine was a year older and worth $300 less)
I want half custody...
Ruthie has this and is using it with the Mac Mini. It was purchased for $500. Armstrong, Flinders has the Cancelled Check.
On Decembers Cabelas Card $2157.00
On January Cabelas Card $1243.48
On January Chase Statement $1293.39
Gas is on top of these balances.
Armstrong, Flinders Purchased the Mac Mini that Ruthie took. AT MINIMUM Ruthie and Drew own Matthew half it's cost and half the monitors cost.
Discount Tire... On Cabelas card. $945.54 (Drew already banished to basement)
She lost her job, her child support was the same amount of money as her rent. Her parents had been providing the difference between her rent and living expenses. Credit Card debt was growing and she lost her job.
The property was reappraised for a refinance (me refinancing the property into my name as per a mediation agreement signed by my ex-wife Corinn and myself in March of 2009.) That month I had the property appraised (The actual appraisal date was 3-17-09) it appraised for $525,000. Ruthie and I were married June 16th of 2010. So the value 15 months prior to our marriage and 4 months before we were engaged on July 4th 2009 was $525K.
In July of 2011 when the four plex sold that would trigger the mediated reconciliation process with my first wife Corinn, the property was appraised again. Dave Forsey appraised the property at that time at $375,000. In October of 2011 Ron Ziemba appraised the property for $430,000. If you look at the first appraisal value in March of 2009 and the second appraisal value of $375K in July of 2011 you will note there is a difference of $150K or values changed by $5357.14 per month. That means that at the time we were married if the property had declined by $5357.14 per month the loss by that time would have been $80,355 which comes to $525,000-$80,355=$444,645 at the time we were married If you use Ron Ziemba’s appraisal there is a 31 month stretch between first and last appraisal. Those 2 appraisals were $95,000 apart. $95K/31 months=$3,064 per month in lost equity. That means that 15 months after the first appraisal when we got married the property would be worth $479,032 based on a loss of value at $3,064 per month. This means that now the property would have to be worth that plus a 7% real estate fee to sell the property so if there is a negative equity position she would owe me. If there was a positive equity position I would owe her. She can pay for an appraisal if she likes. I believe the property is worth about $435,000 to $440,000 right now. (see Market Analysis) This means while Ruthie and I were married the property either lost $4,645 or it lost $39,032. I think we should split the difference... This means that if the property is worth $340K now she owes me in sharing the loss... $21,838.50 in lost equity before commission and sales expense calculations.
The duplex was purchased from Lillian Bendio on 02/04/13. It was done in Ruthie's name as she was able to get better financing. The mortgage balance to begin with was $162,766.
The Mortgage Payment Includes the Taxes and Insurance. It is for $1,133.74. The contracts for the condo are at $1000 per month for the upper unit and $670 per month for the lower unit. This means now it is cash-flowing $520 per month. Ruth has been collecting this money in her account.
There has been no accounting for the surplus since the unit was purchased. She may argue that keeping these separate accounts show the property was not commingled. However, every single contract that was signed prior to the extension of the current upstairs contract (which she did after I had already arranged an extension at more favorable terms to us without communicating with me) has been signed with me. The downstairs tenants deposit and first months rent were deposited in the Utah Real Estate Investment Network Account in July of this past year. The tenants call me when there are issues with the property. I have done all the maintenance of the property with very little exception. The dishwasher that I installed in the property was mine from before the marriage and it was installed months after the tenants took occupancy by myself (no help from Ruthie). When the current downstairs tenants moved in their rent and deposit were deposited in our business account. The very extensive remodel that was done over the course of several months following the purchase and immediately following our first divorce was done with my tools, the contractors and workers were hired and paid my me from joint accounts and I have used them before in my business. And though the property was financed in Ruthie's name so that favorable financing could be obtained the property was found by me. The downpayment was obtained through my efforts and the negotiation was done by me. Furthermore, according many cases cited in the following article and extensively reviewed the property has been plainly commingled and value has been extensively added to the property through my efforts and there has never been a change in the marital representation, course of living, cohabitation, representation to neighbors or the children that their parents were NOT married.
In July of 2011 when the four plex sold that would trigger the mediated reconciliation process with my first wife Corinn, the property was appraised again. Dave Forsey appraised the property at that time at $375,000.
October of 2011 Ron Ziemba appraised the property for $430,000.
Contracted Sales Price $69,548. Amount Due From Borrower $71,852. Monthly HOA dues are $85. Rent is $700. Payment is $450 per month. Taxes are not escrowed and are $603.77 per year for a monthly tax of $50.31. Cashflow after these costs but before other expenses $114.69. There was NO commission earned in this transaction, thus it looks like a low purchase price. If it were to be sold a commission would have to be paid.
She was training to be a physical therapist.
Ruthie began her training as an emergency dispatcher for the Utah County Sheriffs department in June when the kids got out of school. Her training ended I think I remember in late July. She started working in late July or Early August and was laid off or let go in late September. I watched the kids many times while she was at training or at work. Prior to this time her parents helped her with her finances by contributing $500 per month to help She also got just over $1700 per month in Child Support from the kids dad. She had not been receiving alimony as she gave that up when she married Cary Brown and then divorced him after 20 months (she relocated to Cheyenne Wyoming.)
The plan was for Ruthie to obtain her Real Estate license to help Drew and Matthew in their business
Mya Anderson Sale $217,500x.025x.03=$3534 to Armstrongs
Ruthie came to work for an hourly wage... which is less than what we pay her replacement Kara. We would have paid her more but we were still pretty broke and needed the help. She was trained by Stephen Nibley and Matthew and Drew and when she left in October-November of 2011 she trained her replacement Kara who will testify as to this. Her handwriting is all over all of our books. She continued to work helping with the books but only about 5 hours per week until November of 2012. (She did not get paid and was just helping till we got Kara up to speed on the new quickbooks system) Her 2010 W2 is for $13,945 as she only started in April. Here 2011 W2 is for $$20,541.
Charlie Knudsen $310,000x.03x.75(charlie’s referral)x.65=$4533.75 to Armstrongs 09/02/10
Mya Anderson $310,000x.03-$1800(both sides)x.30=$2250 To Ruthie and $4875 to Armstrongs 09/02/10
Pittard Duplex $232,000x.03%x.30= $2088 To Ruthie and Total of $4,524 To Armstrongs. 06/30/2011 (really there is another transaction that should count here)
Ruthie referred her friend Emily to a Realtor out there... we used the cash to go on a trip to Mexico...
Ruthie has delivered $15,000 worth of expenses to King & McCleary as investment made by she and Drew (plainly not including her time) during 2012 alone. 3 days prior to moving out she took and transferred the domain name to another company. She believes that this makes it hers. In actuality the investment of money into the blog was made by me working full time plus some to try to make up for the fact that she was not working. Additionally, I did spend many many days working on the blog. I have thank you cards that prove it and most of the blog expenses for tech... were paid by me. She has not shared her budget with me or talked about it since Christmas. At that time she was making around $200 per month but was considering joining another blog network. I have no idea what she has invested in new costs but she has not shut down the old ones. Some of the expenses were for year long contracts with other companies we paid for and are still paying for... and she has dumped them and we are paying for nothing. (hosting for example) Her friends have said that at her level they were making over $1000 per month. Her facebook followers have doubled in the past three months. Her blog numbers I have no idea as she has locked me out of them. One of her posts has been linked on pintrest 492,000 times. Really... We bought a mixer for $400 just in December to give away... There is a lot invested. Not sure what to do here. Not going to give it up... But want to have some input.
McRae $339,900x.03x.30=$3,051 to Ruthie and $6552 to Armstrongs. 11/03/11
Clare Peterson $226,000x.025x.65= $3672 to Armstrongs 12-18-12
Charlie Knudsen $175,000x.03-1500x.75x.30= $843.75 to Ruthie and $1418.62 to Armstrongs. 12/15/12
Ryan Keisel with Inwest Title needed to fill 2 jobs. both have a $24K base salary plus commissions. Normally people in other branches doing that job are averaging $50K per year. quote from Ryan. " We would hire her in a heartbeat!"
Andrus $182,000x.025x.65=$2957 to Armstrongs 04/20/13