IN RE: The Marriage of KM ADOREJO, Petitioner, and HN ADORNO

22 Pages·2005·1.11 MB·English

IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT I N AND FOR DADE
COUNTY, FLORIDA
FAMILY DIVISION
I N RE: The Marriage of
K. M. ADOREJO,
Petitioner,
and
H. N. ADORNO,
Respondent.
I
PETITJON FOR DISSOIJJT--I- ON OF MARRIAGE
The Petition of K. M. ADORN0 shows:
1. That this is an action for dissolution of the bonds of marriage
s
between Petitioner and Respondent.
2. That Petitioner herein is now and for more than six (6) months
next before the filing of this petition has been a sui juris citizen and
resident of the State of Florida.
v.3. That Respondent is not in the Armed Forces of th'i.s country.
./
4. That Petitioner and Respondent were lawfully married on
September 8, 1978, in Miami, Florida, and cohabited as husband 'and
wife until November, 1980.
5. One (1) child was born of this marriage. The name, place of
birth, birthdate and sex of said child, the present address, periods
of residence and places where said child has lived within the past: five
(5) years, and name, present address and relationship to the cllild of
each person with whom the child has lived during that time are:
KELLY SUZANNE ADONJO
Born: April 2, 1979 in Miami, Florida
Female
From the child's birth until June, 1979, the mhor child
resided a t 9329 S.W. 6 Terrace, fliami, Dade County, Florida,
with her natural mother, K. Fl. ADORNO, and her natural
father, H. N. N)ORNO.
From June, 1979 until November, 1980, the minor child resi ded
a t 1340 S.W. 65 Avenue, Miami, 1)ade County, Florida, i ~ i t l ~
her natural mother, K. M. ADORMO, and her natural f;itl~er,
. .
H. N. ADORIJO.
From November, 1980, to and including the present tl,?ti: Lhe
minor child has resided a t 1340 S.W. 65 Avenue, with her
natural mother, I<. M. AllORNO.
The present residence address of the l?espondcnt, 11. N.
ADORNO, is unknown to the Pctit-loner.
LAW OFFICES OF A. J. BARRANCO, JR, 310 CONCORD RLC)G, MIAMI, FLA 33130,T EI. (305)3 71-8575
a. The Petitioner has not participated as a party, witness,
or i n any other capacity in any other litigation or custody proceeding
in this or any other state, concerning custody of the child who is
subject to this proceeding.
b. The Petitioner has no information of any custody pro-
ceeding pending in a court of this or any other state concerning the
minor child who is subject to this proceeding, otller tllan that set out
in paragraph a. above.
c. The Petitioner does not know of any person not a party
to this proceeding who has physical custody or claims to have custody
or visitation rights with respect to any child who is subject to this
proceeding.
6. That Petitioner is the proper perspn to have custody of the
minor child of this marriage.
7. That the marriage between the parties is irretrievably broken.
8. That Petitioner is without sufficient means of support and
is also without means by which to pay the suit money and counsel fees
i n this action.
WHEREFORE, Petitioner prays:
a. That this Court w i l l take jurisdiction of the parties and
subject matter;
b. That this Court w i l l dissolve her marriage to Respondent;
c. That this Court w i l l award Petitioner temporary and permanent
alimony ;
d. That this Court w i l l grant child custody to Petitioner and
an allowance for her support;
e. That this Court w i l l award Petitioner lump-sum and rcllnbili-
tative alimony;
f. That as a result of the Wife's special'services and contri-
butions above and beyond her normal spousal duties, Pctitlonc~rp rays
that this Court w i l l award to her a special equity in the real and
personal property of the parties and Respondent's interest in the
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marital home of the parties;
g. That this Court w i l l grant temporary and final attorneys'
fees, costs and suit money to Petitioner;
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h. That this Court will make reasonable distribution of the
real and personal property owned by the parties herein;
i. That this Court will grant such temporary and permanent
injunction as may be necessary; and
j. That this Court w i l l grant such other relief as equity may
require and retain jurisdictio~o f this matter for the entry of said
1 subsequent orders as equity may require.
4 ,, ,--I
d
, / I
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petitioned I
: SWOR91 TO and subscribed before me
sd
this day of February, 1981.
'
hi,
1 i ? - &
N-o-t ary Fublic, State of Florida a t Large ,
NOTARY PUDLl C STATE OF FLORIDA AT LAPG
- - My Co:imission Expires : Mr comh;zlssIo!d E PIGS NOV. 14 1982
8Ora.O lrdu G~ILR\: 1x5 b.U.rtit?.I ILL,
LAW OFFICES OF A. J. BARRANCO, JR., P.A.
Attorneys for Petitioner
Suite 310, Concord Building
66 Vest Flagler Street
Iliami, Florida 33130
Telephone: [phone]
\I,
649d24A5?d
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BY d- ,
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LAW OFFICES OF A. J RARRhNCO, JR., 310 CONCORD BLDC, MIAMI, FLA 3313n.T FI 1305) 37r-p)575
I
JIT COURT OF TIE
JUDICIN, CIRCUIT IN AND FC>n DNIE
corn, rn1iZDA
FAMILY DIVISION
CASE NO. 81-1766 FC02
RE:
IN The Marriage of
'K. M. ADORNO, ' I , Fi\~d,bc!f.~rnree 1h?S
and
H.N. ADORNO,
PETITION FOR ENERGENC?I RESTRAINING ORDER WITHOIJT NOTICE
*
CWES NOW the Respondent/Ilusband, H. N. ADORNO, (hereinafter
.-
referred to as the Father), and moves this Honorable Court to grant tmporary
restraining Order without notice and as grounds w&dd state the follwi-ng:
1. The Father and Petitionerhife, K.M. ADORNO, (hereinafter
referred to as the Mother), terminated their marriage pursuant to a Final
Judgment of this Court dated May 15, 1.981.
2. Pursuant to the provisions cf a setf.lcment aqre~rentt hat
acmpanied the Final Judgment, the Mother received p r h r y physical custody
of the minor child, KELLY ADORNO, n w aged .3+ years.
3. For a substantial period of time follwing the Final Judcpent
the Father and the Mother shared parental responsibilities harmoniously
and there was little cause for concern about the welfare of the child.
Within the past few months, the Father w a n to notice suhst-antial
changes in the attitude of the Mother towards visitation which she herself
*
attributed to the influence of her new boyfriend kncm at that time to the
Father only as "Wayne". . -
&.
4. Until this past week, the parties appeared to be working
to resolve those problems and were working together towards the cmmn purpose
of the child's welfare.
Page Two
5. Within the past month, the Father has observed. certai.n hchavioral
changes in the minor child, KFLLY, which gave rise to some concerns a b u t
her well-being: specifically, the child has start& to S e m e secretive
in her manner and to lie about things which had not been her pattern i n
the past. In addition, the child has made m x l n t s such as "Waync? doesn't
like you and Wayne doesn't like Kathy (the Father's new wife)". 'I'hc child
has also started to become tearful with very little provocation.
Within the past forty-eight (48) hours, the Father has learned
the following:
A. On Novmber 14, 1982, Wayne became involvcd in an altercation
#
with the Mother which involved physical violence and dcmage to the Mother's
apartment (see attached Police Report) and which involvd his physically
striking the Mother. Furthennore, the Father has learned that during the
course of this altercation, Wayne (now k n m as Wayne Startari) c a l l ~ dth e
Mother vile epithets and on other occasions did this i.n the presence of
the minor child. The Father has further learned that the Mother was ten-orizd
and as a result of this incident she changed her telephone numbers and unlisted
them, changed the locks on her apartment door, and actually stayed with
a friend in fear of Wayne for herself as well as fear that he would attmlpt
to get KELTJY in scme manner ., All of these facts were c o n ~ i ~ mtol t hc Father
by various confidants of the Fbthcr. The Father further lcarncvl that two( 2 )
days af t.er the Petitio ner/Wife stop@ staying wi t 12 tht. f r i c~x3, t.1 N. Mr )t t wr-
left on a trip out of tm (pursuant to her empl o\mt-?nt as' a f 1i cjht ntt cmhnt)
and left the minor child in the care of Wayne Starkxi, It has k e n reported
to the Father that the Mother is very much under the damination of Lhis
person and is not in her normal frame of mind. . -.-
Page Three
B.Withthe past forty-eight (48) hours, the Father has learned
(and before the Father learned any of the facts involving the altercati-on
set forth previously) that the Mother called to inform the Father that
she and Wayne are about to be married. The Father has also learn& that
this person has the reputation for being an irrational individual among
his co-mrkers and that he uses drugs and particularly cocaine. The Father
has learned within the past forty-eight (48) hours that Wayne reportedly
"freebases". ,
All of the previously set forth information, most oE which has
reportedly cane indirectly from the Mother, (see attakhed Affidavits), causes
the Father great fear for the safety and mental well-being oE the minor
child, KELLY ADORNO.
WHEREFORE, the Father requests the following relief on an cmerqenq
basis :
1. A Restraining Order be issued preventing the Mother from
I
leaving KELLY ADORNO in the care of Wayne Startari, frcnn pennittj.ng Wriync Startari
KELLY NXlRNO and trying to r m v e her £ran her school.
2. A second Restraining Order be issud restraining W(?yne Startari
frcm caning about or being in the same r m o r vehicle as KFCLTTIY ATWRNO.
3. Pending a hearing on these matters, the follming steps
be taken on a temprary basis:
a. That temporary custody be awarded to the Father.
b. That the Conciliation Unit of the Circuit Court be orc'rt.rcd
to do an M i a t e investigation to determine what arrancjc~r,c?r~t:ks ~c~uldh -.
. --
in the best interest of KELI,Y ADORNO and whether as the Father is suqgestinq,
Wayne Startari is an unsuitable individual to k prmitted contact with
the minor, KELLY ADORNO.
Page Four
4. That pending further Order of this Court, a furthcr ~cstraining
Order be issued preventing the school attended by KET,I,Y NX)RbK) to release
her to anybody other than the Father or samcone he authorizes i n writinq
to pick up the child Eollwing attendance a t her school.
5. That this Court issue a ~estrainingO rder preventing anybody
from remaving the minor child f r m the jurisdicti.on of this Court.
6. That the Mother be permitted supervised visitation with
the child pending further Order of this Court.
DATED: December ,1382.
IRA L. DURITSKY, PA.
Suite 1200 Roberts Building
@
28 West Flagler Street
-,
Miami, Fl 33130 .-
[phone] 4-
,.
1 /
,
- ., < I, -
,,' Attorney for Respondent/Musband -
AFFIDAVIT
STATE OF FLORIDA :
SS:
COUNTY OF DADE
BEFORE ME, the undersigned authority duly authorized to ad~ninister
oaths and take achwledgements in Florida, personally appeared, H.N. AEOKNO,
who, after being first duly sworn, depses and says that the foregoing infom-
tion is true and correct to the best of his knowlc-dge and that he is executing
the same freely and voluntarily only for the uses =and purposes therein express&.
My C&ssion Expires:
Notory P~~bllcS,t ate o) FlorkM It brce
My Cornrni~shnE wiras Novmh t, 1'4%
Bonded thru Ms~ne~Bdo nrlL;y kgancv

AFFIDAVIT
c '
STATE OF FLORIDA I .. -- 'I-
COUNTY OF DADE
r 1I I7
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Before me t h i s day personally appeared Gene Owkhs,
- L I
who being f i r s t duly sworn, deposes and says: ,.- .
\ I
1. I am 32 years old and reside i n Dade County,
Florida.
2. I have known Kay Adorno for approximately 7 years.
I have been a close friend during t h i s period. I consider
her daughter, Kelly, a s i f she were my own child.
3. During the l a s t 3 months I have had numerous
conversations with Kay regarding her relationship with Wayne
I .
Startari. These conversations normally occurred after Kay has
had a fight with Wayne o r he had done something which greatly
upset Kay.
4. During these conversations Kay has related the
following:
'
(a) When Wayne found out about an o1.d boyfriend of Kay's, he
"went crazy, ripped up the house, turned over furniture, ripped
curtains and tore up several video cassette tapes." Kay was so
scared t h a t she called the police who ordered Wayne to leave
a f t e r the police confiscated h i s gun. Kay further stated that
she was afraid because Wayne still had another,gun which Kay
had bought him a s a present. Kay told m e that she and Kelly
were staying a t a friend's house (Joan Keenan) because she was
afraid of what Wayne might do.
(b) A few days later Kay called, extremely upset stating
a
t h a t she was afraid t o go home since she had had another arqument
with Wayne. She feared that Wayne was waiting for her a t her
apartment with the other gun. I advised her t o c a l l the police
which she did. Afterwards, Kay called me and informed me that
Wayne had l e f t the apartment. Kay further stated that Wayne