IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,

IN AND FOR PASCO COUNTY, FLORIDA

Case No.: 51-2010-DR-5308-WS
Division: Z1
                                  
                    ANNA MICHALIK,
                    Petitioner/Wife,

                               and
                                                              
                        TED JECZALIK
                      Respondent/Husband

_________________________________________/                                                                                                                                                                                                                   
    
MOTION TO COMPEL DISCOVERY FOR REPORT AND RECOMMENDATION OF GENERAL MAGISTRATE:

Ted Jeczalik, respectfully moves this Honorable Court to grant  
this Motion to/for COMPEL DISCOVERY FOR REPORT AND RECOMMENDATION OF GENERAL MAGISTRATE from January 24, 2012, and as grounds therefore would show:
 
                      New Discovered Prove of Evidence in documents:

     1.     (C1) Anna Michalik Reconciliation Contract, Agreement, Court Stipulation was Cancellation dated  7-7-2012 and submitted to Petitioner.
 (C2) MOTION TO/FOR FRAUD AND RECONCILIATION AGREEMENT CANCELLATION dated 11-7-2011,
 (C3) MOTION TO/FOR CANCELLATION AND INVALIDITY OF STIPULATION ON TEMPORARY RELIEF AND OTHER MATTERS dated 1-30-2012
 (C4) MOTION TO/FOR CANCELLATION AND INVALIDITY OF STIPULATION ON TEMPORARY RELIEF AND OTHER MATTERS dated 3-21-201
Above documents were submitted to the Honorable Court and to the Petitioner and never were allowed for hearing.

    2.      (D1) Prove of property's Note dated 01-14-05 (Loan Number 3301430066) from Bank showing Boleslow & Barbara Michalik are the borrowers responsible for the mortgage payment
for property located at 8745 Angoff Dr., New Port Richey, FL 34653
(D2) Mortgage paperwork ( Jed Pittman Pasco County Clerk, 02/01/05, OR BK 6212 pg 261 ) with page 11 point 13 showing that party responsible for the mortgage payments is Boleslow Michalik and Barbara Michalik showing that Ted Jeczalik is not responsible for payments of mortgage for above property.
(D3) Bank of  America Letter from January 10, 2012 written to Boleslow Michalik and Ann Michalik stating that Loan Number was changed from 3301430066 to 870461070 without informing and signature of Ted Jeczalik as co owner of the property. This letter shows also  states that  any modification of this loan is not eligible.
(D4) ( Pasco County Sheriff's Investigation Case No. 12-16701) -  From September 1, 2010 Ted Jeczalik had to separate from Anna Michalik because Anna Michalik violence and financial crimes of Anna Michalik Forged Signatures used for Theft from business bank account.
(D5) Notice to the insurance companies or others of representation and assignment form - On notice to the insurance companies or others of representation and assignment form, Sinkhole Public Adjusting, LLC, Kenneth C. Thomas - President, dated 5-21-2010 is showing forged signature of Ted Jeczalik. Ted Jeczalik refused to sign any sinkhole paperwork because forged signature was discovered on this notice form and Anna Michalik has history of forged signatures of Ted Jeczalik on business checks being investigated by Pasco County Sheriffs - Case No. 12-16701 that is why Ted Jeczalik can not sign any fraudulent paperwork by Anna Michalik including sinkhole fraud.
(D6) Public Records Value Showing None Marital property located at  8745 Angoff Dr., New Port Richey, FL 34653 has different value then value showing by Report and Recommendation of General Magistrate.
(D7) Bank of America Mortgage for Current Balance Statement for Coleslaw Michalik  ( loan No 870461070 ) from 3-27-12 -  this statement shows different amount of mortgage then provided by Report and Recommendation of General Magistrate.
(D8) American  Mercury Insurance Company Documentation, dated 03-29-2012, Claim Number EY900258-61, for location 8745 angoff Dr. New Port Richey, FL 34653, This documentation shows that until present time, Sinkhole Public Adjusting, LLC.  is using  notice to the insurance companies or others of representation and assignment form where Ted Jeczalik's signature is being used as forged for almost 2 years. This documentation for almost 2 years until present time there is no amount to be paid off to any tenant of this property including petitioner - Anna Michalik. This fact is not mentioned by Report and Recommendation of General Magistrate.

    3.
     (E) Document (D4) ( Pasco County Sheriff's Investigation Case No. 12-16701 for Forgery and Theft of Anna Michalik ) and ( Pasco County Sheriff's Investigation Case No. 120940726 for Anna Michalik waste of marital property ( towed away Ted Jeczalik's Van ) and Anna Michalik Forgery of Ted Jeczalik's signature on notice to the insurance companies or others of representation and assignment form, Sinkhole Public Adjusting, LLC, Kenneth C. Thomas - President, dated 5-21-2010, are showing that according to Florida Statues Ch. 61.075(5) a court may order an interim partial distribution upon good cause. The Petitioner has shown that good cause does not exists as the Petitioner, Anna Michalik has showed criminal activities and fraud used to obtain all marital property that she use exclusively since September 1, 2010. The Responded was a victim of Petitioner as Anna Michalik violence and criminal activities made Ted Jeczalik homeless and lowered means of earning money. Responded Ted Jeczalik can not cooperate in fraudulent and criminal activities of Petitioner Anna Michalik therefore the findings of  Report and Recommendation of General Magistrate does not support enclosed facts.

    4.     (F1) Article 1st of the American Constitution And Florida Constitution in SECTION 4 Freedom of speech and press is stating that Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated.
History. - Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

Respondent, Ted Jeczalik use only the truth in evidence and the truth in evidence was published on line with good motives, therefore Ted Jeczalik used his constitutional right to use truth in evidence and Report and Recommendation of General Magistrate have no legal standing. In addition there is password protection for other viewers of Ted Jeczalik's on line truth in evidence.
(F2) All correspondence sent by Respondent, Ted Jeczalik have copies of original evidence of Petitioner Anna Michalik crimes involving forged signature on business checks, bank's statements and  property insurance  that was investigated by Pasco County Sheriff's Investigation Case No. 12-16701, and  Pasco County Sheriff's Investigation Case No. 120940726 for Anna Michalik waste of marital property ( towed away Ted Jeczalik's Van ) and Anna Michalik Forgery of Ted Jeczalik's signature on notice to the insurance companies or others of representation and assignment form, Sinkhole Public Adjusting, LLC, Kenneth C. Thomas - President, dated 5-21-2010.

    Therefore Report and Recommendation of General Magistrate shall not be granted and recommended to the Petitioner because:

     A.     Property where Petitioner Anna Michalik is residing does not qualify as marital assets as home property was bought and is recorded in public records as joint tenancy and in fact the property is not marital assets therefore  partial distribution of the parties marital assets has no legal base. The borrower on the Note for this property is Boleslaw Michalik and only he is responsible for mortgage payments not Petitioner, Anna Michalik. The property shall not be awarded to the Petitioner Anna Michalik as above facts make the property not marital marital asset and it shall not be used as partial distribution of the properties marital assets.

    B.     Petitioner Anna Michalik shall not maintain an account of all transactions related to the property as this property is not marital home.

    C.     The Respondent' evidence in truth published on line with good motives. The matter charged as defamatory is true and was published with good motives therefore the Petitioner's Motion to Cease and Desist and to Remove defamatory material shall not be granted as unconstitutional.

    D.     The Respondent use only the truth in evidence in all his correspondence and has the constitutional right to
petition the Government for a redress of grievances as written in Article (I) of American Constitution therefore Respondent shall not cease writing letters to government agencies that are in fact not defaming the petitioner but bringing grievances.

    E.     The Respondent' evidence in truth published on line with good motives on his or any other web sites, including but not limited to pictures of the Respondent and parties children shall not be removed as unconstitutional.

    F.    Respondent Ted Jeczalik ask Honorable Court not to accept and grant Report and Recommendation of General Magistrate to the Petitioner Anna Michalik for Motion for Temporary Relief as all evidence within this motions support it.

    G.    The Court shall not adopt and confirm the Finding and Recommendation set forth herein by General Magistrate as all new discovered evidence submitted with this motion shows Petitioner Anna Michalik is the cause of marriage break therefore Petitioner should not be granted any partial distribution of the Parties marital assets nor partial distribution of none marital property located at 8745 Angoff Dr., New Port Richey, FL 34653.

    Respondent Ted Jeczalik is asking the Honorable Court to order dissolution of marriage filed by Anna Michalik.

CERTIFICATE OF SERVICE
 I HEREBY CERTIFY that a copy hereof has been furnished by mail
delivery to the persons listed below this 5 day of April, 2012.   
                                                                      
Audrey A. Jefferis, Esquire
8138 Massachusetts Ave.,
New Port Richey, FL 34653
    Tel. 727-845-6174, fax 727-848-3091
FBN: 060526
 Attorney for Petitioner


  Ted Jeczalik, Respondent / Husband
         P.O. Box 248,
            Port Richey, FL 34673
            Telephone No. 727-641-6709, Fax 866-395-0966