Everything was burned in the backyard. My name was forged to get the payoff. You just lied to the court. You just lied to the court.
No, I did not. You signed this, Ms. Ainley. We'll go on the record in the matter 22FA45, In re the marriage of Timothy Ainley and Rachel Ainley.
Appearances are we have both parties appearing in person without counsel. We're set here today in this matter for a contempt hearing. We were here previously on. November 8th, 2024, in which we had a little bit of a hearing and the parties were instructed to bring all evidence and information for the court to present here today. At the last hearing, Ms. Ainley informed the court that she was prepared to proceed with an accepted offer of the house for November 22nd for tomorrow to sell the house.
And she needed Mr. Ainley to sign off on everything. And that's why the court scheduled the final hearing for today. Mr. Ainley, this is your contempt hearing.
And so you have the burden of proof. I'm going to have both parties stand, raise your right hands, be sworn in. Mr. Ainley, at the previous hearing, you had indicated that there was a list of property. that you stated that you had left at the marital residence and that either was just left there and you had not yet received or that Ms. Ainley had destroyed and that you wanted compensation for and you were going to inform the court of that property and of the value that you were seeking.
You may begin with your your testimony. Yes, ma'am. After the divorce was final, we came to an agreement that day on everything that was supposed to be surrendered to me.
And she agreed on that. Well, being that there was a restraining order, no contact order in place, I had to come to court and get a court date set. It was signed by Commissioner Krupa for two days on a Friday and on a Saturday and Sunday to go retrieve my. property and and the agreement was she was not to be on the property or on the property when she was supposed to have everything staged in the driveway with all my personal property and I went out that day and some of the items were out in the driveway and I pulled in started getting stuff right here she comes she had her boyfriend or whatever fiance whatever doesn't matter but she was there and I automatically had an anxiety attack so I just got what was in the driveway left and therefore I couldn't go back the next day because I mean she was there and that was you know that was a violation really I couldn't go back she was there and to my knowledge she refused to let me go to the property while she is not there and I have access to anything that was in the home.
or my personal belongings or my four wheelers and everything like that and my pontoon my chainsaw I had a multiple I got a list here of stuff that was and I did retrieve a couple a few things and what was there was damaged and beyond repair I mean it was destroyed the whole drilled through the block of the four-wheeler the lawnmower I mean everything I had was just what I got we did retrieve it was in the driveway was totally destroyed. And the order from Commissioner Krupa that she was not supposed to be there. She was, I mean, that was just a setup for me to go back to jail again for violating the order of protection.
At the hearing of on September 28th, 2023, did you provide a list of that property to the commissioner or to the court of what you wanted to retrieve? That list was already included with our divorce hearing. All of my personal tools, all of my personal property, the furniture in the basement. First, Ms. Hess, formerly known as Ms. Ainley, were you at the property when Mr. Ainley went to retrieve his...
I was in the house, yes. Why were you at the property? I had nowhere to go, and I had to get his stuff out. You were specifically told at the hearing with... Commissioner Krupa on September 28th, 2023, that you are not to be anywhere on that physical property.
I didn't, I don't have, I didn't have a choice. You did have a choice because Commissioner Krupa said not to be on that physical property, not to be on that residence at all. I knew not, I didn't have no idea what time he was supposed to even be coming. Was I supposed to stay gone all day? You did know, and I can tell you right now you did know because it says pickup times, September 30th, 2023, between 2pm and 4pm, and October 1st, 2023, between 2pm and 4pm.
So you knew exactly. when he was going to be there. Exactly.
Leaving his stuff out there. He's already saying it was damaged. You just lied to the court. You just lied to the court. No, I did not know.
You did know. You did know. That's physically. He didn't show up. No, he did not show up when he was supposed to.
There was time set in June for him to come. He didn't show. I didn't know if he was going to show or not. I wasn't going to take a chance of leaving his stuff sitting out there. Mr. Ainley.
Your Honor, if it need be, I've got two witnesses that came with me with two trailers to load my personal property up. Her and her ex-fiance was out there. Her middle son, Dylan, was out there.
They were all out there. She walked up and down the driveway following me, trying to talk to me. So that's all I got to say. She was there.
She knew the date. She knew the time. I was there about 10 minutes after the search.
I think it was, I really can't recall the exact time on the clock. I believe she knew the date. I believe she knew the time.
She just lied to the court. I do not find her credible at all. Yes, ma'am.
Continue. All right, this is a list of my... Personal property.
All my clothing, all my suits, my dress slacks, everything from hunting winter, everything was burned in the backyard. It was told, my children told me. You can't tell me what your children have told you.
Journey, my nine-year-old and my 12-year-old said that. You can't tell me what they've told you. Okay. So what are you asking then? I'm asking what property you have not received and what you're asking.
as reimbursement for that property. Ms. Ainley, what would you like to say? All of his belongings that he did leave are at the house.
I haven't touched anything, but I don't generator, but here's the thing. Again, I fully instructed both of you and I'm going to guess you don't have pictures or documentation of their condition. No. And so I'm going to take testimony from both of you.
And so far I've found you not credible. All of anything and everything that I needed to live everyday life was gone. Everything on this list, I never received this, except I did receive, I did receive the pontoon boat. So Ms. Hess, you have a copy of all of these items that he is requesting?
Are all of these items at the home? No. Why not? Because he took some of them.
He's indicating he did not. All right. Now, what else are you asking for?
Okay. I'm also asking for reimbursement of all of the reinstatement fees that I've had to pay for the mortgage payments and legal fees. Property was really, really close to being foreclosed on.
I mean, within days, and I wasn't aware of this. The mortgage is just in my name, because Rachel couldn't have her name on anything. She had so many judgments against her. So it's just in my name.
The mortgage is through Cross Country Mortgage. I've got a reinstatement amount here that is paid. It's $10,059.40. That is current. And you're saying that you paid this amount to keep it from going into foreclosure?
Not the total amount, no ma'am. Part of it went on the back of the loan. I have copies of the payoffs here, three copies, with the legal fees that I had tacked on here that's going on the loan that I don't feel that I should be responsible for because I pulled it out of foreclosure.
And I've been making the payments for the last probably seven or eight months. I've got everything here. Which are what?
I've got my bank statement payments where I've made the payments on. Exhibit 5, your bank statements. Yes, that's what you're asking for?
Yes, ma'am. And then this is copies of the payoff. I mean, it shows I've got three copies of this also. It's going to be needed here in a few minutes. What I'm looking at.
This is. Okay, I'm going to kind of jump back and forth just a little bit here on the reason I received this. I've received five letters in the mail from mortgage companies and lending companies stating what the payoff is where they request the payoffs on the loan. And my loan and mortgage information was all sealed. No one had access to it at all because my ex-wife here tried to get in to find out a payoff on it about six months ago.
And they told her, no, you can't. Tim's going to have to get that for you. So anyways, I got five letters in the mail from five different loan companies and a title company stating that someone requested the payoff. So I got a letter from five different companies for people that requested the payoff, and they sent it to them.
So I called them yesterday to find out why. And they said, well. You signed a release form on November the 5th of this month to release information for your pay office. No, ma'am, I did not.
And I asked her if she could email that to me. She said yes. So she emailed it to me.
And my name has been forged on this paper. It is not my signature. And the. The owner is not Rachel Ainley as far as the loan goes, what's on the loan mortgage papers.
So she forged my name on this paper to get the payoffs on my personal information. Who did? Ainley, please be quiet.
My ex-wife has signed my name multiple times when we were married. I give her permission to do that when we were married. Nobody else knows my social security number but her. She knows it by heart. And on November the 5th this year, she signed my name for release of my personal information on my banking information.
I'm pretty upset about this. I mean, it's like a total breach of my confidentiality and everything else in my personal business. The lady called me yesterday from a...
from a title company let me get my i'm trying i'm just nervous a lady called me yesterday from a title company she's mr ainley we have a check for dividends for the sale of your property on north boston road i said a check for what she said well we're closing on that on the 23rd i said um absolutely not this is in legal issues right now i said no i said don't i don't i'm not getting a check so um anyways i told her this My name was forged to get the payoff and the information on this mortgage. And so she didn't say anything else. She hung up. But in the meantime, I'm in the house. I've got a paper here from Leon from Grasswood Realty where she returned, refused $197,000 offer a few months back.
And that is exhibit number three. This is not my signature. And it looks like Timothy Ainley on 11-5-24, and then it's Rachel Ainley on 11-5-24 with Social Security numbers.
That is not your signature? No, ma'am. You did not sign that authorization to obtain information?
Absolutely not. This was signed three days before we had our court hearing on the 8th of this month when you postponed the court date to today. I tell you that I'm looking at the dates.
and the social security numbers as they are written and they look exactly like they're written by miss ainley the dates and the social security numbers as written the eights are identical i'm not a i'm not a handwriting expert not one who uh has went to school but i'm going to tell you just by looking at it miss ainley I'm going to tell you, you did this. No, ma'am. Oh, yes, ma'am.
Where would I have signed it? I haven't been anywhere to sign anything. Your name is signed on this. I'm not Rachel Ainley. Stop talking over me.
You did this, Ms. Ainley. You signed this, Ms. Ainley. You signed this.
You did this. No, ma'am. I promise you I didn't. Oh, you can promise all you want.
You are not credible. Okay. You did this. These eights are the same.
This 11, 5, 25. dates are the same. They're not though. They're the same. You can call Katie.
I'm not the one signed. I can call Katie. Yes, ma'am.
I did not sign. You didn't sign in front of Katie. I didn't sign at all. Oh, so somebody forged your name. I have not signed anything.
I was supposed to sign with title company on Wednesday and I didn't. Oh, so I have two fraudulent transactions here. Somebody forged your name, your. Your social security number and yours.
That's good. I need to let the district attorney know right now. We have two fraudulent transactions done. Not only do we have it for you, Mr. Ainley, but we have it for Mrs. Ainley, too. I mean, you could check signatures, even.
I don't sign like that. I don't believe that at all. Okay.
That's whatever. It is whatever. Next season, change it.
If I wouldn't have gotten these letters from these loan companies, from my mortgage company stating that these five lenders requested my payoff information, I would have never known that there was any type of fraudulent activity going on at all. I'm looking at 22 CV88, Rachel Ainley versus Timothy Ainley, your injunction request. request that you filled out the signatures look almost identical almost almost identical or not me I promise forging signatures risking getting felonies when no not worth it I'd walk away from the house before I do that not stupid almost identical the signature Rachel Ainley on 22 cv 87 22 CV 88. Rachel Ainley. Signature.
Almost identical. It's not me. You can't sign your name the exact same every way.
I don't sign my name the exact same every way, Ms. Ainley. I didn't say that, but it wasn't me. I'm not an Ainley.
I wouldn't sign Ainley. It says Rachel Ainley. Exactly.
You want to know what? Rachel Ainley owns the house, not Rachel Hess. So you have to sign it, Rachel. See, I don't know. I didn't know that.
Please continue. I sent off a loan modification contract yesterday morning through FedEx. We signed them to keep the house afloat, keep from losing it. I'm still continuing to make the payments on the property.
If not, I would lose everything, my whole life savings. Anytime my ex-wife has gotten any large amount or large sum of money, it's never spent on what it's supposed to, bills, kids'bills first. Like I said, about five years ago, we were involved in a serious accident, her and I, in Hayward. She had a $40-something thousand settlement, never paid a payment on the house. And like I said, I got in some legal trouble back in May.
I was incarcerated in Polk County for a couple months. So I was totally ghosted out of everything. And when I was released and went into a sober living home, I started getting mail after I had my forwarding address to my home now.
And I found out that it was going into foreclosure. And I caught it within like four or five days before it actually was foreclosed on. So.
I just, I've done everything in my means. I just, I can't do it anymore. I mean, you know, I can't keep paying $1,085 a month child support, a mortgage payment.
Plus we have to pay $600 a month at Onyx Slover Living Place. It's an awesome Christian living home. I have to pay $600 a month there on top of gas and food.
I'm trying to get steady work and it's like, which this is coming through good too. Anyways, I just can't do it anymore financially. I mean, if it wasn't for God keeping me strong in my mind, I just, I don't know.
I would have lost it even worse than what I did back the last year and a half over this divorce. All I want is what I believe I deserve and what I have invested. and the material things that's there now on the property and the home. And that's not even counting the things I've lost over the 17 years being married to her. Okay.
Ms. Ainley, this is not your time for testimony. You will get time to testify and to provide your own evidence for the court. This is your time to provide or to ask questions of Mr. Ainley as it relates to his evidence and his testimony to the court. Do you have questions for Mr. Ainley?
Yes, I do. You may begin. When did you purchase this stuff? Because a lot of it, you never had when we were married. And I'm going to state for the record by stuff you're referring to what he has listed in.
Oh yeah, like a DeWalt cordless drill combo, 900 bucks. Really? Where'd this come from? I purchased that. I've got plenty of witnesses.
Should have brought them with you. Oh, I should have. I purchased, I purchased bowls that, well, cordless, uh, skill saw drill, hammer drill set with a, uh, sawzall in it. I purchased that in Nashville, Tennessee when we moved down there, when I started my, uh, remodeling business. We own property on there at the time also.
Um, I believe I purchased that at a Lowe's. building center to my knowledge yes i have nothing more to say it's just i don't even know what to say all right now if you don't have any other questions for mr ainley this is your opportunity to provide your own testimony to the court and your own evidence to the court as it relates to this matter you may begin you want a copy of what commissioner said on a tent I can, I will have it in my file. If, if that's what you're asking, I can take judicial notice of that.
Let me get to, cause that has what his lawyer added up on what I have to give him. Is Amy, I'm not hearing anything to counter dict anything that Mr. Ailey has told me with regards to the property. His property is there.
Everything he left. I know he has touched it. I don't believe you. I don't believe you. You could send somebody there.
I see pictures. That was stuff that was put in his truck while he was there. That is not what I sent for him.
I can always do an order that he can go and retrieve property and with a dollar amount order and if he retrieves property and it's not damaged. then that property, it diminishes the dollar amount that he, he gets, but I don't have any contradictory evidence. I don't have, I don't know what I can give you miss Amy.
I told you exactly what to give me on November 8th. I said, I need pictures. I need testimony. I need things. And what you needed to do then was to, you knew what he would be looking for.
You knew what property was his. or what he would be seeking. And it still is.
So you knew though, you have a cell phone, you have a camera, pictures. You could have brought pictures and said, look, judge, not damaged, still working. That's exactly what I told you to do. I told both of you, I needed evidence.
You needed to come here prepared. This was your day. This was it.
This was the one and only day both of you would get. I was very clear with both of you, correct? Yes, ma'am. Very clear with both of you.
This was your day to come prepared. Very clear. Without going out myself and taking the pictures and doing the case myself, I was very clear at what both of you needed to do.
And you didn't come prepared to do that. Except you're coming and you're saying it's all there. It's fine.
But I'm hearing testimony that's saying it's not fine. I'm seeing pictures where it's not fine. And quite honestly, Ms. Ainley, I hear testimony and I see things that show you're not credible. I believe you're not credible. I fully believe you forged his name.
I fully believe you forged in his name. How would I do it? Hi pen, hi paper, let's write Tim Ainley.
I'm not blind, I can see. And I've taken judicial notice. I've been doing this job a long time.
I look at your signature on two documents where you've signed. Look at his. I have.
It's not his signature. It's not mine. This is your signature, Rachel.
Can you call Katie? I didn't sign. Then you were not looking to sell this property because this is what it took to sell the property. I can't sign. You told me we couldn't sign.
Sign what? The papers yet. You didn't sign the papers. This was to try and get a payoff to try and get. The offer.
I've made no attempt to do pay off. They do. The company does.
I make no attempt. I have not made any attempts. Need pay off, please.
See, it's sincerely Katie, not Rachel. And Katie is where? Wherever that is. Miss Ailey, the more you talk, the more you're digging your hole.
Okay, well, I'm... Not going to say anything. I'm telling you. I strongly encourage you not to because this is all taken down.
Okay. And this is a transcript and the district attorney can get this transcript. Okay. That's fine. Because I don't have anything to hide.
I don't. I would have plenty of witnesses, but you didn't want kids here. I said bring witnesses. I wouldn't put my kids through it. And I think that that is the best thing that you could do.
That's who I had. As a mother. Because quite honestly, that was a terrible, awful thing that happened at that other hearing. So by not bringing them, I have no credibility.
So just order what you're going to. Order what you're going to. I just want it done. If either of you put your children in the middle, you are awful parents. That's why they're not here.
That's why I have no witnesses. Because all I had was my kids. No, you don't. Miss Ainley. Yes, it was.
It was. You can stop crying because tears. I'm not crying because of that.
Again, telephone. You're not listening. You're not listening.
Stop crying. Stop that. Telephone pictures. Say a thousand words. Stop it.
This boohoo cry cry means nothing. Okay. See, no tears, nothing. Oh, I got none now. I know because they're not real.
I don't fall for those tears. So now do you have any proof or any evidence? Because quite honestly, right now, there's nothing in your favor.
I guess not. Because I fully believe, Mr. Amey, I truly do believe you walked out with nothing. I believe you walked out, quite honestly, with the clothes on your back and with what you said.
You had a couple shirts, a couple pair of underwear, a couple pair of socks. You had nothing. Quite honestly, going to be blunt, you were. Quite not so smart.
You've never been smart with this lady. You've never been smart with this lady. I agree.
You let her control you and take everything from you. Because when you are here, and you came here with your divorce, you came with this exhibit of personal property. that you wanted to retrieve and it's bare bones. It's not really that enforceable. You should have went that day or very soon after that day to retrieve this personal property.
And then when you went back with your attorney in front of commissioner to retrieve your property, and it's very clear in that hearing that commissioner said. two dates and two sets of times to go retrieve your personal property, which Ms. Ainley said today, I didn't know. I didn't know, which was a lie because she knew because it's very clearly there in the minutes. Ma'am, I said it wrong. I didn't know he would show up because he was set to come before and he didn't show.
He was set to come in June and didn't show up. Well, he had his attorney, he paid his attorney, they went to a contempt hearing, they got two specific dates with two very specific times to go show up. And you were instructed not to be on that property, not to be on that residence from 2 to 4 p.m. on September 30th and 2 to 4 p.m. on October 1st.
Very two specific times, two hours on two days. Stop talking. Two hours on two days where you could have just went to Dairy Queen.
You could have went to the dairy. You could have went driving. You could have went anywhere for two hours those two days and you didn't. So, Mr. Ainley, you had these two specific times to go get this property. And you went and she was there and it set your mind aside or you lost all track of what you were doing.
But you needed to get your property that day because that's when Commissioner said, get your property. and you didn't pick anything up that day. And then from September 28th, 2023, when you were supposed to get your property, even though you were supposed to get your property that day, she was not supposed to be there.
Both of you didn't do what you were told to do from the commissioner. Neither of you did what you were supposed to do. Neither of you do what you're supposed to do.
It's a history with both of you. Neither of you do. what you're supposed to do. You should have went back. You should have gotten it a whole lot sooner from the date of divorce because the date of divorce was way back March 6, 2023. And it's November 21st, 2024. There's absolutely no guarantee that anything is there and anything is in its proper order or condition.
because it makes it very hard when we're here in November 21st, 2024, when this divorce was March of 2023. And I can't go back and say, okay, now what tools did you really have during the marriage? You understand? Yes, ma'am. I wish I could, because I do find you more credible, Mr. Ainley. In this divorce, it's hard to find credibility.
And I'm awarding $15,000 because I do believe that is a penalty. Because I do fully believe that Ms. Amy fraudulently signed his name. So there is a total of $64,368.71. $64,000 what?
$64,000. $368.71. It is to be paid to Mr. Ainley from the proceeds of the sale of the home. If the home is not to be sold, if it doesn't, if it's not sold tomorrow as expected. then the court is going to order that the home is going to be remitted over to Mr. Ainley for ownership instead of Ms. Ainley.
Your Honor, the latest to close was December 30th. Thought it was going to close tomorrow. We were supposed to, but he refused.
Well, then it can close. If they're rolling now. If not, then I'm ordering that if it doesn't close, then ownership of the home turns over to me.
How is that fair to me and the kids? How is it fair? Because I fully believe you signed his name.
I did not. What do I have to do to prove it? Ms. Ainley, I fully believe that you have destroyed his property, that you have burned his property, that you have...
sold his property, that you have thrown away his property, that you have done everything to keep him from having his property, that I believe that you have done everything. Well, if somebody goes to the house, you'll see it's not true. And you have been totally vengeful. Now, he can go and retrieve his property.
And if all, Mr. Ainley, you have... The ability to go to the property. You're still at the property, Ms. Ainley?
I won't be. When? You're out of the property?
You moved out of the property? I will be tomorrow. You've moved out of the property tomorrow?
I won't be there. So are you moving out of the property? And you're living somewhere else? I'm going to, yes.
Okay. I don't have a choice. All right. So you can go to the property tomorrow and retrieve all of your property.
Time. You can look all day. She's not going to be there anymore. And apparently the house is going to be sold. What if it's locked up?
Well, you would have the ability to have a locksmith come and go into the property. Your Honor, what if he takes more than what's his? He is ordered to only take his property. And that would be. Anything that is on this, the list that you have, he is not to remove anything else, but anything on that list.
I will make sure I have a witness with me and take pictures, ma'am. All right. So you can go tomorrow and you have all day if you want. One more question, Your Honor. The amount that I was awarded, the $64,368.71, if she closes on that property, or is that mortgage company that's buying the house or whatever, they have to cut me a check for that amount?
Yes, they have to cut you a check for that amount. Yes, ma'am. And so, Ms. Ainley, it's not going to close tomorrow now? I have no idea. Well, if it doesn't close, then again, the court is awarding the home to Mr. Ainley.
As of tomorrow? I one day it was supposed to close tomorrow. That is why he refused.
He told them no. But here's the thing. That's that's why they went to December. Miss Ailey and the court specifically held this hearing today.
I know Ken close. I know tomorrow. I know.
Did you not recall that I had a mandatory mandatory education course that I had to. have today. Yes. But I don't have control over them. I don't.
You had it set to close today. I had it set to close tomorrow. If it closes tomorrow, Your Honor, I'll sign whatever needs to sign. That's not going to slow up any closing. You can contact them and the court will prepare an order here today and I will have it done here shortly.
Yes, ma'am. And then it can be signed. And Mr. Ainley, you can come and retrieve it by 4.30 p.m. And you can make sure that the company has it.
Yes, ma'am. All right. Yes. All right. Thank you.
Then we are adjourned. Thank you. Thank you.