Petition for Writ of Certiorari — Noah Thomas Ballard, Petitioner v. Vicky Lynn Ballard

la

IN THE COURT OF APPEALS TENNESSEE

AT NASHVILLE

July 31, 2018

Recreated: FILED

07/31/2018 Clerk of

the Appellate Courts

VICKY LYNN BALLARD v. NOAH THOMAS

BALLARD

Appeal from the General Sessions Court for

Wilson Comity

No. 2016-DV-97 John Thomas Gwin, Judge

No. M2018-01217-COA-R3-CV

This is an appeal from an Amended Final Decree

of Divorce entered on November 15, 2017.

Because the appellant did not file his notice of

appeal within thirty days after entry of the

decree as required by Tenn. R. App. P. 4(a), we

dismiss the appeal.

Tenn. R. App. P. 3 Appeal Right; Appeal

Dismissed

Frank G. Clement Jr., P.J., M.S., Andy D.

Bennett and Richard H. Dinkins, JJ.

Noah Thomas Ballard, Hermitage, TN, pro se.

Abby Rose Rosenfeld, Nashville, TN, for the

appellee, Vicky Lynn Ballard

2a

MEMORNDUM OPINION*

The appellee, Vicky Lynn Ballard, has filed a

motion to dismiss this appeal for failure to file a

timely notice of appeal. Ms. Ballard asserts the

trial court entered a Final Decree of Divorce on

November 2, 2017, and an Amended Final

Decree of Divorce on November 15, 2017. No

post-judgment motions were filed. Under Tenn.

R. App. P. 4(a), a party must file a notice of

appeal with the clerk of this court within thirty

days after

1Tenn. R. Ct. App. 10 states- This Court, with

the concurrence of all judges participating in the

case, may affirm, reverse or modify the actions of

the trial court by memorandum opinion when a

formal opinion would have no precedential value.

When a case is decided by memorandum opinion

it shall be designated "MEMORANDUM

OPIONION," shall not be published, and shall

not be cited or relied on for any reason in any

unrelated case. Entry of the final judgment. The

appellant Noah Thomas Ballard, was thus

required to file his notice of appeal on or before

December 15, 2017. Mr. Ballard did not file his

notice of appeal until July 2, 2018, more than six

months after entry of the Amended Final Decree

of Divorce.

3a

Mr. Ballard lias responded to the motion to

dismiss by sending a series of emails to the clerk

of this court. The Tennessee Rules of Appellate

Procedure do not permit the filing of responses

by email. Nevertheless, the court has reviewed

and finds that Mr. Ballard does not dispute the

material dates set forth in the motion to dismiss

or otherwise demonstrate that his appeal was

timely filed.

The time limit for filing a notice of appeal is

mandatory and jurisdictional. Albert v. Frye, 145

S.W.3d 526, 528 (Tenn.2004); Binkley v.

Medling, 117 S.W.3d 252, 255 (Tenn. 2003). This

court can neither waive nor extend the time

period. Tenn. R. App. P. 2 and 2l)b); Flautt &

Mann v. Council of City ofMemphis, 285 S.W.3d

856, 869 (Tenn. Ct. App. 2008); Jefferson v.

Pneumo Serv. Corp. 699 S.W.2d 181, 184 (Tenn.

Ct. App 1985). The failure to file a timely notice

of appeal deprives this court of jurisdiction to

hear the matter. Flautt & Mann v. Council of

City ofMemphis, 285 S.W.3d at 869.

The appeal is hereby dismissed. The case is

remanded to trial court for further proceedings

consistent with this opinion. Noah Thomas

Ballard is taxed with the costs for which

execution may issue.

PER CURIAM

4a

JURISDICTION

SUPREME COURT - MIDDLE DIVISION

APPELLATE CLERK’S OFFICE - NASHVILLE

100 SUPREME COURT BUILDING 401 7TH

AVENUE NORTH NASHVILLE, TN 37219*1407

(615) 741*2681, Noah Thomas Ballard 636

Weatherbeaten Place Hermitage, TN 37076

Re: M2018 01217-SC-R11-CV - VICKY LYNN

BALLARD V. NOAH T. BALLARD

Notice: Case Dispositional Decision - Trap 11

Denied

Attached to this cover letter, please find the

referenced notice issued in the above case. If you

have any questions, please feel free to call our

office at the number provided.

cc: Noah Thomas Ballard

Abby Rose Rubenfeld

Judge John Thomas Gwin

IN THE SUPREME COURT OF TENNESSEE

AT NASHVILLE VICKY LYNN BALLARD V.

NOAH T. BALLARD

Wilson County General Sessions Court 2016-DV97, No. M2018-01217-SC-R11-CV

Date Printed: 11/15/2018 Notice/Filed Date: H15-2018NOTICE - Case Dispositional - TRAP 11

Denied The Appellate Court Clerk's Office has

entered the above action. James M. Hivner

Clerk of the Appellate Court

5a

PROVISION

5th

Due

No person shall be held to

Process Amendment answer for a capital, or

Clause

otherwise infamous crime,

unless on a presentment or

indictment of a grand jury,

except in cases arising in

the land or naval forces, or

in the militia, when in

actual service in time of

war or public danger; nor

shall any person be subject

for the same offense to be

twice put in jeopardy of life

or limb; nor shall be

compelled in any criminal

case to be a witness against

himself, nor be deprived of

life, liberty, or property,

without due process of law;

nor shall private property

be taken for public use,

without just compensation.

6a

Reliable Mowing & Lawn Services Need A Mow

Customer Satisfaction

615-519-9658, 731-796-0800

Date 1-24-18

Name: Noah Ballard Address 4001 Wellington

Court City Old Hickory State TN Zip 37138 615513-0412 E-mail * ballard.noah@gmail.com

Mowing, Mulching, Leaf Removal, Landscape

Maintance, & Bush Hogging

Sales Person(0R^) Mowing V Landscape

Maintance Mulching Brush Hogging Frequency

Mulching

Description of Services & Cost Estimates

Basic Lawji_Service showing Lawn) (primming)

(^Lgin^XQlean-u^

Estimated Coit

Mulching Red □ Black □ Other

Landscape Maintenance Pruning Shrubs Bed

Maintance Removal or Planting Other Total

Estimate for Landscaping Maintance $50.00

Bush Hogging Acres: Notes Mow as needed SUB

TOTAL $50.00 DISCOUNT TOTAL $50.00

Upon acceptance by the customer, to engage

RELIABLE MOWING AND LAWN SEVICES

TO PERFORM THE SERVICES QUOTED.

THIS DOCUMENT BECOMES RELIABLE

MOWING AND LAWN SERVICES WORK

AGREEMENT TO PERFORM THE SERVICES

QUOTED. ~| THANK YOU

7a

EXHIBIT

# 9

2016-DV-97

Vanguard

Client Services^ 800-662-2739

December 31, 2011, year-to-date statement

view your statements online at vanguard.com

Your statement is now even better

We heard you. We talked to a lot of clients to find

out the best way to present your account

information. Everything you're used to seeing on

your statement is still here, but we have made

account balances more prominent and made it

easier to see where account groupings begin and

end. And the way your information is presented

on your statement is now more closely aligned

with how it's presented on vanguard.com. We

hope you like the changes.

Vanguard P.O. Box 2600 Valley Forge PA 194822600 Noah T Ballard 4001 Wellington Court, Old

Hickory, TN 37138-4657

Page 1 of 6

8a

The Vanguard re-created evidentiarys below

attests to the contrived, deceptive, deliberate,

mockery of Justice; as very near the end of the

trial Abbv turned and faced me, stating: I agree

and concur all of your received monies went into

your joint bank account. Please see: 7, a., b. c.,

23, PG. 5, 30, and responses therafter. At trial,

and even on re-direct examination, he continued

to deny knowledge of the history or value of his

accounts, past or present. Please see: 6,-8, PG. 3,

12. a., b., c., d. and 1,-2, PG. 2, 5., a., b., c.

Including, Abbv’s Deceitful, Decree concurring

Signature!

Vanguard

Traditional IRA Account Vanguard Voyager

Services 800-284*7245

Noah T,. Ballard

Account Overview (Please know: The black

boxes have been added by Noah T. Ballard).

Total Account Value as of March .31, 2105 1

$92,604.11,

Year-to-date income Retirement Statement

Taxable income $0.00

2015

Contributions $0,00

Notable income 0.00________

2015

Distributions

0.00

Total

0.00

Balances and holdings for Vanguard, Beginning

on January 1, 2012, new tax rules on taxable

(nonretirement) mutual fund accounts (excluding

money market funds) require Vanguard to track

cost basis information for shares acquired and

subsequently sold, on or after that date. Unless

i

10a

$16,617.56, Balance onl2/31/2014, $23,090.38,

Balance on 03/31/2015, $23,071.81

Balance onl2/31/2014, $91,135.76, Balance on

03/31/2015. f$92.604.11H-----March 31, 2015, quarterto*date statement

Page 3 of 6

Vanguard

Traditional IRA Account Vanguard Voyager

Services

Noah T,. Ballard

Voyager Services 800*284*

7245

Account Activity for Vanguard Funds Continued

Prime Money Mkt Fund 0030*88052835041

continued

Transaction Beginning balance on 3/31/2015

Share Price $1.00, Total shares owned 0.070,

Value $0.07, Beginning balance on 3/31/2015

Share price $1.00, Ending Balance on 6/30/2015

Share price $1.00, Total shares owned 0.070,

Value $0.70, Windsor Fund Inv, 0022*

88062836041, Contributions $0.00, Distributions

$0.00, Dividends $260.60, Beggining balance on

3/31/2015, Share Price $21.79, Total Shares

Owned $1,336,429, Value $29,120.79, Date

06/19, income dividend .195, Amount $260.60,

Share Price $22.36, Shares Transacted, 11.655,

Total Shares Owned $1,348.084,Ending Balance

on 6*30*2015, Share price $21.84, Total Shares

Owned 1,348.084, Value $29,442.15

Windsor II Fund Inv 0073*88052835041,

Distributions *$11,200.00, Dividends $132.29

Transaction Beginning balance on

3/31/2015,Share Price $37.28, Total shares

11a

owned 618.879, Value $23,071.81, 04/06 Normal

Distribution -$10.080.00,|Please know that:

Wife's Auto Payment was hand written on the

original submitted copy to the TN Supreme

Court, with an arrow pointing to the -$10,080.00

amount; Share price 37.61, Shares transacted 297.793, Total Shares owned 321.086, Federal

withholding -$1,120.00, 06/19 Income dividend

.412, Amount $132.29, Share price $38.01,

Shares Transacted 3.480, Ending Balance on

6/30/2015 Share price $37.25, Total shares

owned 324.566,Value $12,090.08

June 30, 2015, quarter-to-date statement

Page 5 of 6

Vanguard

Traditional IRA Account

Services 800-284-7245,

Noah T,. Ballard

Vanguard Voyager

Account activity for Vanguard funds continued

Prime Money Mkt Fund 0030-88052835041

continued Transaction Beginnning balance on

3/31/2015 Share price $1.00 Total shares owned

0.00.70 Value $0.07 Ending balance on 6/30/2015

Share price $1.00 Total shares owned 0.070

Value $0.07 Windsor Fund Investor 002288052835041 Contributions $0.00 Distributions

$0.00 Dividends $260.60 Transaction Begining

balance 3/31/2015 Share Price $21.79 Total

shares owned 1,336.429 Value $29,120.79 06/19

Income dividend . 195 Amount $260.60 Share

price 22..36 Shares Transacted 11.655 Total

shares owned 1,348.084 Ending balance on

12a

6/30/2015 Share price $21.84 Total shares owned

1,348.084 Value $29,442.15

Windsor II Fund Inv 0073-88052835041

Contributions $0.00 Distributions!-$11,200.00 |

Dividends $132.29 Transaction Beginning

balance on 3/31/2015 Share price $37.28 Total

shares owned 518.879 Value $23,071.81 04/06

Normal distribution Federal withholding

Amount-$10,080.00 ("WifesAuto

Downpayment" was handwritten, with an arrow

pointing to it on the original submitted copy.)

Share price 37.61 Shares transacted -297.793

Total shares owned 321.096 06/19 Income

dividend .412 Amount 132.29 Share price 38.01

Shares transacted 3.480 Total shares owned

324.566 Ending balance on 6/30/2015 Share price

$37.25 Total shares owned 324.566 Value

$12,090.08 June 30, 2015, quarter to-date

statement Page 5 of 6

Please know, the original "un-recreated"

evidentiary above 1 la* 12a, was obtained from

the trial COURT Clerk's Office. Whereas, 7a10a, were obtained from the TN SUPREME

COURTS Clerk’s Office.

13a

Page 1 of 1

Office Depot

Taking Care of Business

Description ■

Office Product/Supplies

Transaction Amount $360.49 Card Number

******9204(Mastercard)

Purchase Date 02/15/2018, Store location 6647

(Lebanon, TN), Register 4, Transaction 8126,

Authorization Code 09201Z, 2nd Auth code N\A,

Card ID 0442576399

\

Customer Signature

\

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AJ

/

! :

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it

/

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Purchases relating to this transaction

Item# QuantityUOM Description

629376

1 Each HP,LAPTP, 14BS1530D

484404

1 Each 2YR,LAPT,200-249.9

586422

1 Each INSTORE BACKUP & M

15a, 1

PG. 2, 4. At the time of trial, Wife was 61 yrs old,

with some college education.

Yes, she was born Feb, 29, 1956, she's a leap year

baby, we used to joke about her being under age!

Yes, I loved my Wife! I'm a college graduate via a

science degree, and more than 7,000 hrs. of

additional education. Judge, your biased,

prejudicial, dereliction, failed to ascertain, for

which you had several months to ascertain,

digest, retain!

PG. 2, 5. After hearing the testimony of the

parties and observing them testifying, the Court

finds that Wife's credibility is excellent.

R: The Court- dishonorable Judge, Lie-yer Lisa

Webb, and Co-conspirator Abby Rubenfeld.

a. Judge. Your: Ask Momma what she wants,

which you exclaimed during the trial several

times! (Referring to my impending ex-wife),

coupled, with your very cruel, biased, distorted,

derelict, dishonorable, exaggerated, grossly

erroneous, injustice, prejudicial, neglectful,

reprehensible, sordid, "Judgment", inequities; is

most certainly demanding, and warranting

Justice!

b. The accurate, appropriate, equitable, fair,

honest, unbiased, unprejudiced, and Just, $77K,

to me diligently calculated by an arbitrator,

mediator - Haley E. Medley, (615) 452-8030, that

both my wife, and I paid $500. each for; at

Walwyn Law 1994 Gallatin Pike N #100,

Madison, TN 37115; June 23, 2017, at 10:00AM.

haleymedley@phinipsandingrum.com. Which, in

my presence, was simultaneously agreed upon by

3

her, even late at night, it didn't matter, my wife

was 1st and foremost!

f. The only exception was going to some of the

morning treatments she had, as she asked me

not go with her, that her mother and sister was

visiting her there, and she didn't want me to be

worried, or pacing around!

g. There was other things that I could do to help

her, clean the house, pickup groceries, take care

of our business needs! All of this was stated to

the deaf Judge, whom sat a few feet to the left of

me, as well as, my Lie-yer Lisa Webb, and Abby

Rubenfeld, whom presumably coherently

listened!

h. My wife had a protein that "fed" cancer cells,

the medication that I made sure she took

religiously and the treatments destroyed the

protein, which made her likeliness of further

cancer implications, very, very, low! Yes, I Loved

Her! Excerpted: 39. via the Divorce Response,

that was in its entirety, mailed to the Judge 1121-17, after my Lie-yer Lisa Webb, had given it

to the Judge via the documentation provided

during the trial as I had instructed her too prior

to the trial! 39. During her Cancer recovery, I've

encouraged her, laughed with her, cried with

her, and stayed always by her side, to very

generously consol her! In fact, I have

"worshipped" the ground that she walks on

hopefully, with care not to be too excessive with

my attention. We have prayed, her "lying" in my

arms each night, while we kissed and hugged.

And, I said the prayers, to thank the Lord for the

4

blessings we have, for the Lord to protect us

from harm's way, and for our health and

happiness to improve as time goes by. To help us

become closer to family and friends, for them to

know we love them, and for them to love us as

well!

i. I've grocery shopped 95% of the time, changed

the kitty litter, washed cloths, done all aspects of

cleaning the house, laundry, vacuuming, with, or

without Vicky helping. Hand washed Vicky's

delicate clothing, and hung them to dry!

j. I've completely insulated the "basement", and

attic, to TVA's latest recommendations, which

will save us $$$$, heat and cooling. Completed

home repairs - toilets, caulked the bathroom, and

any other repairs that have been needed.

PG. 2, 7. As stipulated by both parties, Wife

owned the real property at which the parties

resided during the marriage and prior to the

marriage beginning. I Stipulated- We lived

together, and shared all expenses and payments

including the home, for which we had discussed

as being paid off, sold and a townhouse or

condominium would be purchased for us to retire

in. All of this was stated to the deaf Judge, whom

sat a few feet to the left of me, as well as, My

Lie yer Lisa Webb, and Abby Rubenfeld, whom

presumably coherently listened! Please see-1,-2

PG. 2, 5. a., b., c., d.

PG. 2, 8. At the time of the marriage, Wife was

working full time, and during the course of the

marriage, she had three employers total (two full

time and one part time job at Belmont

5

University, which part time job she stills holds).

My wife clearly stated to the deaf Judge that she

had four employers. I helped her with those

employees, she supervised, coaching her on best

practices, and encouraging her to encourage

them, always being positive and supportive. My

wife worked at Belmont University, 1 day each

vr. teaching a hospitality class! I helped her

collect treats for the class, and picked up some of

presentation materials. I would listen to her

presentation, and offer advice, as she asked me

to do; always encouraging her! On occasion I

would take her to, and pick her up from that

class, depending upon what we had planned to

do after words! Yes, I Loved My Wife!

Please see: 1,-2, PG. 2, 5. a., b., c.

PG. 2, 9. During the marriage, and despite the

cancer issues, Wife earned approximately

$750,000.00 from her employment efforts.

Yes, my wife made more pay than I. However,

my contributions made our contributions most

certainly equal, please see Yes, I Loved My Wife!

The cancer was known and successfully treated

only in the last 1.5 yrs of our marriage!

PG. 2, 10. At trial, Husband was 68 yrs old, with

considerable computer technology training, much

of which was acquired and paid for during this

marriage.

No. the conjecture above, is erroneous and

misleading! I have been acquiring, attending,

teaching, IT related courses, over many .yrs, the

1st of which was in Dec 1971, ATU Computers,

USMC, Camp Pendleton, CA. A very small

6

amount of money was paid for during our

marriage by us, although it's still tax deductable,

probably less than $200. Government, programs,

paid for the bulk of the training, and my finances

before we were married!

PG. 2,11. After hearing the testimony of the

parties and observing them testifying, the court

finds that Husband's credibility is poor.

Please see: 1,-2, PG. 2, 5. a., b., c., d.

PG. 3,12. Husband enjoys excellent health; he

came into this marriage with no job, one car-load

of clothing, no furniture or furnishings and

retirement accounts which not even he can

explain.

For numerous, yrs I've tried to maintain my

health, and encouraged my wife too as well, as

we have walked together, bicycle rode, worked

out at the gym together, swam together, etc. We

even walked 25 mi. over several days each, on

three of our vacations to Marathon Key FL,

Washington DC, and Niagara Falls. I had moved

from CA to TN, and stayed with my sister, while

vacationing, and spending lost time, with family

members, helping my mother whom had severe

health problems, helping my brother finance

some very important training needs that he had,

I gave him $1,100.00; attending IT training

classes, and seeking employment via job

interviews! I was taking things a day at a time,

and enjoying every minute, of a very long

overdue family permanent reunion - with my

Daughter, Son, Brother, Sister, Mother, Step

Father, and Nephew! My Mother passed away

8

Hyundai Veloster, (via my IRA withdrawal) with

Vicky's grateful encouragement, exactly like a

caring, loving, husband should do! Yes, I Loved

My Wife! IRA withdrawal, on 11a. $10.080.00

PG. 3, 13. During the marriage, husband earned

approximately $325,000.00, and also began

drawing approximately $2,200.00 per month in

Social Security benefits beginning August 2015.

Yes, $2,189.00

PG. 3, 14. Husband earned only $15,586.00

during the last year of the marriage, and the

Court specifically finds that he was grossly and

intentionally underemployed,

a. No, I was, intentionally, attending to my wife's

cancer issue which was 1st and for most, and a

very painful, stressful, experience for the both of

us!

Please see: 2,-4, PG. 2, 6., a., b., c., d., e., f., g., h.,

i-» jb. All of this was stated aloud to the deaf Judge,

whom sat a few feet to the left of me, as well as,

My Lie-yer Lisa Webb, and Abby Rubenfeld,

whom presumably coherently listened!

c. Also, I diligently, studiously prepared for a

job enhancement and achievement objective of a

CCNA.

d. Additional Mandatory, Unavoidable, Trial

Activities:

e. I spent more than 100 hrs. Painstakingly

collecting and providing 100%, of the requested

information to my Lie-yer Lisa Webb well before

the trial, some of which as far as four or five

months before the trial!

9

f. Including going to Regions Bank, 3191

Lebanon Pike, Nashville, TN 37214, where our

joint acct. was previously held, several times to

pick up acct. copies and deliver them to

LisaVJenna at Walwyn Law, 1994 Gallatin Pike

N #100, Madison, TN 37115.

And, Wells Fargo, 4740 Lebanon Pike, Nashville,

TN 37076, and Wells Fargo, 1712 West End Ave,

Nashville, TN 37203, from which several trips

were required to obtain acct. copies, form the

bank manager Torry Meadows, which were also

"hand carried" to JennaXLisa, at Walwyn Law,

1994 Gallatin Pike N #100, Madison, TN 37115!

g. I had to pay $250 for the West End copies.

Including several emails to BrookeXLisa of

requested statement copies! Please see-1, PG. 2,

5., a., and 14*15, PG. 3, 18. a., b., c.

PG. 3, 15. From and after the date of separation,

Husband contributed nothing to the marital

estate, but nonetheless, Husband testified at

trial that he was currently earning more than he

had ever earned in his life, that he was able to

pick and choose what jobs he took, that he was

turning down jobs that he did not want, and that

his future earning capacity was excellent,

a. I was advised by Megan Williams, and

Lie~ver Lisa Webb, that it's unnecessary to

further contribute to mv wife the marital estate.

as we are separated and she is divorcing me!

Also, the mercilessly overwhelming bv- Megan

Williams * Cordell & Cordell extorting

$6.600.00.followed bv Lie ver. Lisa Webb’s

continued greed, and extortion!

10

TN Supreme Court, TBPR, Submittal,- "Lie-yer

Lisa Webb, On the day that we first met at your

office, we sat facing each other, I had explained

that I had been coerced and extorted by Megan

Williams of Cordell and Cordell, for $6,600.00,

and that there was no end in sight, every few

weeks she would ask for $2,000.00 to $2,500.00.

And, that I had been recommended to you by

Alice Mcloud, and her friend Allison (my

daughter), whom had been extorted by Cordell

and Cordell for $20K, and had been abandoned

from Cordell and Cordell when they couldn't pay

any more. I had mentioned, that I had told

Megan Williams that, I wanted to know how

much that costs of the divorce would be, as I

feared possible bankruptcy and ending up

penniless because of the unbridled incessant

greed. Megan had said-1 have seen it go as high

as $100,000.00 to $200,000.00 dollars, with no

regard to my concerns, fears, whatsoever! After I

discontinued, Megan's deceitful, failure to

initially disclose the: "I have seen it go as high as

$100,000.00 to $200,000.00 dollars", I requested

that my funds $6,600.00 be returned to me.

Which, prompted Megan's clone, Mathew Bowen

to aggravate, coerce, and harass, me further, via

several USPS mailings demanding, yet more

$$$. "You said: that it was well known that

Cordell & Cordell would bring their clients to

about $20,000.00 and leave, abandon them, as

they couldn't afford to pay more. Also, you

assured me that you would never do anything

like that! You said: that we were half wav

11

through the divorce process, and that vour fees.

at most would be $3.000.00 to $5.000.00.. you

couldn't see it being any more than that! After,

$20K, of Your coerced, insatiable greed, and

merciless, extortion, later, the stench of Your

incessant, unbridled, unrelenting, greed is

nauseatingly overwhelming!"

b. After which, my Lie-yer Lisa Webb,

attempted, but, conceded and failed to extort an

additional 8K from me, via TN Supreme Court,

TBPR, Communications!

Yes, my contract job with FS24\7, pays more per

job than mostly I've earned previously. I can and

will turn down jobs, that are not appropriate, or

convenient, or uncomfortable, for me, as that is

the purpose intent, and nature of the FS24\7

offering! I Truly believe that my earning

potential is excellent, and will improve over

time, as my dedication, CCNA completion, and

skill set proportionately improves!

I truly regret having haplessly spent and

"wasted" money, in the form of "court" costs, as

The court: dishonorable you, Judge, Lie-yer Lisa

Webb, and Lie-yer and Co-conspirator Abby

Rubenfeld.

PG. 3, 16. Husband also testified the he"...earned

$700.00-$900.00 just the other day for six hours

"work", and he also continues to draw his Social

Security retirement benefits.

Yes, that one instance, may be true, However, it

wasn't an invitation to exploit, or parasite me!

that particular income option may not avail itself

for months or yrs before I may or may not

12

experience it again! Please see: 1,-2, PG. 2, 5.,

R:,a., d. and 9, 11, PG. 3, 15., b.

PG. 3, 17. Wife testified that Husband was a

compulsive spender| during the marriage, one

example given was Husband's insistence in

buying a riding lawn mower to use on his Wife's

one quarter acre lot. a. Our Home: was a one

acre lot! Ref Correct Home Facts:, via link *

https ://www zillow.com/homedetails/4001*

Wellington-Ct-Old-Hickory-TN37138/80363222_zpid/?fullpage=true. b. My clear

vocal explanation given to the deaf "Judge"

during the court: I bought a riding lawn mower,

as I had never owned a riding mower in my

entire life. I had discussed it with my wife on

several occasions, starting about a year earlier.

It kept me from being in the sometimes 100°

heat too long, as it cut down the time by 1.5 hrs.

which minimized my exposure, including lawn

trimming 1.5 to 2 hrs, blowing the cut grass

from the sidewalk, driveway and the street, in

the same hot sun. At 68 yrs old, I was certain

that I deserved that very significant amount

of relief! The riding mower, was used on our

property, our home, only! (Previously,

occasionally, I would feel dizzy, and light headed.

due to the heat, which Prompted, the riding

mower Purchase). The mower cost about

$550.00, bought at Tractor Supply, very near our

home, which I shopped around for very carefully,

prior to purchasing. The averaged costs for

weekly lawn care is $49.30, as shown below.

(Please know the current prices have been

13

typical for many yrs, as I owned property on

Dowdy Drive, Antioch, TN). And reveal, that

my lawn services, as Husband, and 1\2 of the

marriage, for approx. 12.4 jo's, was very cost

efficient, and well deserving, worth my peace of

mind, my physical well being, and health, free of

excessive heat exposure! which eliminated the

need for lawn services. Over a period of 12.4 yrs,

saving, obviating $13.449.04. details- Lawn

mowing months in TN- From the middle of April

to the last of Sept., approx. 5 months., and 2wks

= 22 wks, at $49.30 (the AVG weekly, lawn care

costs, from 3 Lawn Services, shown below), for

4001 Wellington Court, Old Hickory, TN 37138.

Per wk = 22wks X $49.30 = $1,084.60 X 12.4yrs

= $13.449.04. which is what I\We saved by

Me\I, doing the lawn instead of paying for a

service! It most certainly, was a best practice,

contentious, cost efficient, dedicated, well

earned, well deserved, and very sincere,

unselfish, consideration for my comfort and

health (avoiding heat exhaustion)! LAWN

SERVICES^ Gregg White Lawn Services, 1-26*

18, 615-587-0747, costs for 4001 Wellington,

Court Old Hickory, TN 37138. $140.\mo.

$140.\4 Wks = $35. Wk.

Reliable Mowing & Lawn, Estimate, on 6a,

Nashville Landscaping, Lawn Care Service in

Nashville, TN, 4434 Juneau Dr, Hermitage, TN

37076, (615) 210-5139, costs for 4001 Wellington

Court, Old Hickory, TN 37138. $60.00 WK. In

fact, the Judges "Repeated" Perpetual

Perpetrating Lie: Compulsive Spender Is

14

Abundantly Evident in the following, (excerpted

from the divorce response, as described below),

as I mailed the complete version to you (Judge)

separately, on 11-21-17, and it was given to you

during the trial, and prior to the trial, via Lie-ye r

Lisa Webb.' for which you had several months to

ascertain, digest, retain! Including the Bold

below. 36. Vicky 20.1 helped Vicky shop for

clothing, as she appreciated my advise as to

what looked good on her, and I would surprise

Vicky with new clothing pajamas, night gowns,

socks, blouses, knowing what she liked, by

placing them on the far right of her clothing

rack, so she could find them after showering. I

picked my clothing from out of season Macy's,

and Goodwill, to allow saved money to be

allowed for paying off our home and our cars, so

that we could five comfortably when we retired,

and until the Lord called us home, as we had

discussed several times during our marriage.

Clearance became my "brand" of choice as a_____

result. 36. Vicky is very Careless, and Wasteful,

for more than three yrs she has chosen to have

her dry cleaning done at Joy Cleaners, on her

way to work, instead of having it done free by

Gaylord a very short distance from the front door

of her office location. It would save us $800.00

per year, or Approx. $2,400.00 thus far!________

PG. 3, 18. Husband handled his own retirement

accounts, and made "sometimes large"

withdrawals therefrom! he withdrew a still

unidentified amount from his retirement

account(s), such that the parties owed $7,800.00

15

on their joint federal tax return for the year.

a. The money was carefully, thoroughly

discussed and agreed upon with my wife, and

was entirely deposited into our joint checking

acct, and always used for our best interests,

debts ~ 10K paid on her Hyundai Veloster. via

mv IRA; emergency needs, recreation, vacations.

travel, solely, at our discretion! $10,080.00, on

11a, I Loved My Wife!

b. I did the taxes, as I had for many vrs. using

H&R Block, or Turbo Tax, filing services, which

were accurate, honest, and accepted bv the IRS!

c. I generously, lovingly, unhesitatingly,

unselfishly, voluntarily, dedicated my retirement

$$$$, which 96% or 97% more was earned before

our marriage. And, wholeheartedly did with all

of my resources, as we deemed necessary, from

the time we met until the time we separated!

Yes, I Loved My Wife! Please see* 1-2, PG. 2, 5.,

d. and 6-8, PG. 3, 12. a., b., c., d.

PG. 3, 19. Husband spent much time in the

marriage development of an invention he called

Winnie Wipes his investment, time and effort,

and money did not produce any results.

a. I spent 3*4 days, on the Winnie Wipes, of the

12 yrs. and 4 Mon. that my wife and I were

together.

b. Most of the conception time was done prior to

our marriage over a period of several yrs solely

as a hobby, as leisure, recreational, time availed.

1 yr.= 365days x 12yrs. = 4,380 Days + 4mon, (30

days, per month) = 120 Days + 4,380 Days =

4,500Days. 1.75 days (the AVG of 3-4 Days) =

16

. .01%, and far less than the time I dedicated to

my wife and the success of our marriage as

disclosed below, (Divorce Response) which was

sent to you, Judge in its entirety on 11*21-17.

c. The patent was discontinued more than 5 vrs

ago!

d. The fee for the uncompleted "patent" was

$415.00. which, is also negligibly and far, far,

less than .05% of our disposable income we

earned! My income alone was more than $325K,

plus the Social Security I earned at approx.

$2,189.00\month. e. PS Had the visualized

Winnie Wipes $20,000,000.00 materialized,

it would have been most certainly shared

with my wife- Please See 14*15, PG. 3, 18., c.

e. As, we shared our joint bank Accts.

Everything I had was mv wife's as well! Yes, I

Loved My Wife!

PG. 3, 20. During the Husbands lengthy battle

with the United States Patent Office in seeking a

patent for his invention, he valued this invention

at $20,000,000.00.

A biased, prejudicial, grossly erroneous,

distorted conjecture, emended via 15,* 16, PG. 3,

19., and Evidentiary: a., b., C., d., e.

PG. 4, 21. The Court believes that Trial Exhibit

2, a long letter from Husband to the Patent

Office and copied to several public officials,

provides little assistance in valuing this marital

asset, but is revealing in other ways. Please see:

15*16, PG. 3, 19.,

b., c., d., e., and 1,-2 PG. 2,

5., R:, a., b., c., d.

17

PG. 4, 22. Although Wife Proposed that the value

of this asset is the $20,000,000.00 claimed by

Husband, the Court finds that any value was

short-lived, and is now zero.

N\A

PG. 4, 23. Husband insists that he is entitled to

some portion of the equity in the Wife's pre­

marital real estate, with the pre-marriage and

current values stipulated by the partied in trial

exhibit 1.

Please see^ 1,*2, PG. 2, 5. a., b., c., d.

PG. 4, 24. Husband's testimony about his

contributions to the increase in the value of the

separate real property of Wife is unconvincing,

at best- he testified that he placed corrugated

plastic drain pipes on the down spouts, laid out

on the top of the ground, to drain the water away

from the house, and spent "30 to 40" hours doing

that one project*which is simply not possible.

And, 1st having two "drain Specialists" to come

to our home and advise using a sump pump (very

expensive $1,700.00) to drain away the

extraneous buildup of water in the basement

crawl space, that occurred during heavy rains,

and would over time cause damage to the

foundation where the water typically

accumulated. Which, every four yrs, or so would

require digging the pump up to check its

condition, another expense of $400. to $500. And,

going to Home Depot and Lowes to discuss, and

obtain the required plastic drain pipes. And, by

using a heavy ladder, which required moving

from the garage, to several different positions,

18

enabling the removal of the plastic inserts

previously placed and sealed via "flex seal" above

the downspouts, and removing debris that the

drains had collected. And, carefully attaching,

the corrugated plastic drain pipes, and

positioning them allow the optimum water

drainage route; followed by spray painting them

green, closely matching the adjacent grass,

which, required three spraying path efforts,

throughout the length of each of the corrugated

plastic drain pipes, allowing it to dry each time.

And, handling the dry portion allowing the

remaining portions to be painted, allowing the

corrugated plastic drain pipes, to be well

"hidden" in the grass!

PG. 4, 25. Husband's credibility regarding his

contributions involving the real property is very

poor.

a. You! Judge, were given the following

excerpted information via the Divorce Response,

during the trial, via Lieyer Lisa Webb, and I

mailed it to you in its entirety, on 11-21-17!

b. Improvements c. 32. below, and pgs 19-25 You,

Judge, had several months to ascertain, digest,

retain!

c. 32. Sledge Hammer Yard Work -1 bought a

sledge hammer at a local antique shop, and

almost daily, I would hammer the large rock (20

to 30 times, careful not to over extend myself)

that protruded upward through the grass, and

made the mowing of the grass via the "riding"

mower not scraping the cutting blade. I was able

to after several months, reduce the rock (small

19

fragments at a time).

d. 34. Our neighbors Mickie, and Wendy, Angela,

615-585-3879. 1931 Duneden, Old Hickory,TN

37138, Tel. 615-585- 1931; Darrel and Judy,

McKissack, 615-758-3133. 615-210-4390. 1924

Duneden, Old Hickory, TN 37138, Christi, and

AJ (recently moved in), 4002 Wellington Court,

Old Hickory, TN 37138, can attest to the fact

that I mowed, mulched, and trimmed weeds (on

rare occasion Vicky would help pull weeds), for

more than 11 yrs.

e. 44. Precarious, Danger - A tree next to our

bedroom stood 4 to 5 times higher than the

house roof 120' to 150' high, and leaned toward

the top of the house above our bedroom.

Branches kept falling from the tree and

damaging the patio deck; on one occasion two or

three of the large wide deck "railing" boards had

to be replaced due to damage from a very large

fallen branch. I replaced the damaged boards,

but the fear of damage to that part of the house,

and injury or death, as we slept in that bedroom,

and a storm, or powerful winds could "push" the

tree to topple, on us, and injure or kill us while

we slept.

I arranged for a tree removal team (out of 3 or

more candidates) to chop the tree down, cut it up

into 15 or 20 pieces (that weighed up to 2001bs.

or so each), to load them into a truck, and haul

them away. Included grinding away the roots

also. This occurred at a time when the economy

was "bad', and required getting the best service,

for the best reasonable price $500.00.

20

f. 45. Reflective Street Address, someone in our

neighborhood had a reflective paint that listed

the street address - 4001, that could be seen at

night ■ for FedEx, UPS, parcel deliveries etc. It

cost $10.00, and ours was very well done.

g. 46.1 annually re-mulched the lawn islands,

removed mushrooms from the lawn, (The wife

said they looked like penises), and treated the

lawn for moles, as necessary. This included,

scheduling the lawn services, to treat the lawn, 4

to 5 times annually, and to rent an aerator, from

Home Depot to aerate, the lawn every three or 4

yrs, (a very strenuous, exhausting job).

h. 47. A new HD home roof.

i. *2. It has a new foundation repair\reenforcement, $6,000.00

j. *3. It has all new energy efficient windows

installed by Window World, $5,856.00

k. 4. It has insulation repair, reinforcement to

TVA standards, I installed it making the home

far more energy efficient, decreasing

heating\cooling bills, costs $400.00!_______

l. *5. It has a new energy efficient Trane air

conditioning\heating unit, that I paid for

$5,600.00. via my 401k\IRA.___________ _

m. 7. New carpeting and wooden flooring

throughout the house, Vicky and I chose the

colors, and I found a wooden floor installer, after

talking to several of my work colleagues, whom

came highly recommended by them as they had

their wooden floors installed by him, and his

installation price was $500.00, to $700.00 less

than competitors.

21

n. I helped with the installation by carrying the

flooring wood into the house, and installing all

of the trim throughout all of the flooring areas.

o. 8. My unemployment that supported our

home, and living expenses while we both were

unemployed simultaneously for several mos.

p. 9. A defective water heater $900.00

including fixtures, that had to be replaced, and

installed by me and two others - Ken Peterman,

Marvin Butler.

q. 13.1 built a loft, by extending the 5/8" ply

wood in the attic by about five ft. which allowed

us to store more Christmas, Halloween,

Thanksgiving, decorations, and suit cases.

r. 14.1 decorated our roof with Christmas lights,

every year, except those when we were out of

town? it was a very precarious, and strenuous

occasion as I had to climb a ladder up to 30' high,

and carefully, frightfully, often shakingly, attach

the lights from the back of the house around to

the front of the roof edge. But was well worth the

effort, because it made Vicky smile!

Also, I decorated the lawn for Thanksgiving, and

Halloween for the same reason!

s. 15. One day we were at a yard sale, and I

walked around the side of one of the paintings,

and noticed a very unusual painting, that I had

never seen before. I motioned for Vicky to come

and take a look, she did and exclaimed "quietly"

that she had tried to buy the painting several yrs

earlier, but that it was beautiful and based upon

a movie and was too expensive costing several

hundred dollars. I asked the lady selling the

22

painting how much I could buy it for, she said

$25.00. Of course, I bought it and hung it up on

the dining room wall; it made Vicky smile! Yes, I

loved My Wife

t. 21.1 did all the maintenance around the house

except for some of the painting, which I

negotiated a very reasonable price, that we could

easily afford.

u. 22.1 replaced light bulbs throughout the

house and garage using the energy efficient

bulbs that had been recommended by TVA, and

in some case had been given to us by TVA; this

included collecting the rebates information for

tax write offs, via TVA, and the IRS, and

completing the taxes accordingly.

v. 23.1 climbed a ladder and dusted the ceiling

fans, and also replaced the ceiling fan in the

bonus room and living room.

w. 24.1 placed a bar rack across the space above

the clothing washer and dryer, to make hanging

the cloths on coat hangers, after drying much

easier to carry from the "pantry" area to the bed

rooms.

x. I affixed hooks outside the door from the

garage, to hang brooms, dust pans, etc. for easy

usage.

y. I organized the garage with racks, and peg

boards for easy tool access - mowing the yard,

hanging pictures, insulating the door jams, etc.

via a ladder, I removed and dusted the artificial

plants that were located above the dining area.

z. 25.1 removed the coating on the drive way,

and pressure washed it, then filled the cracks

23

with adhesive sand, allowed it to settle, then

recoated with sealant every two or three yrs.

a.a. I had the worn and damaged mailbox

replaced with a black rustproof, life time

warranted mailbox that has held up tarnish free

for more than 4 yrs.

b.b. 26.1 pressure washed the patio deck (a very

strenuous and very exhausting activity), and

re-coated it with weather proof paint from Home

Depot, because it made Vicky happy, and it was

another of many, many, many, dedications

toward our comfort and happiness.

c.c. 27.1 picked up the mail almost every evening

and sorted it large to small, and placed it on

the kitchen countertop, for easy access for Vicky

to pay the bills.

d.d. I arranged for commercial trash pick-up,

as Vicky had been dumping her trash in nearby

apartment complex dumpster for many yrs

prior, going to and from work!

e.e. I took the trash out of the house and placed

it into the Green "rolling" container, and

replaced the liner 95% of the time; and every

Thursday I would roll out the large green trash

container, for curb pickup, except on rare

occasion when I would forget, and Vicky would

roll it out.

f.f. 28.1 selected a handy man form 3 choices,

that replaced several hail damaged housing side

panels.

g.g. I repaired settling cracks, in the brick

mortar, on the front of the house, per the

recommendations of home depot.

24

h.h. I plunged the two eommodes, on the very

occasional times they were "overloaded."

i.i. 29.1 re-enforced the patio deck with brackets

that were placed in weak, or very poorly

supported joints, to increase the durability,

strength, and longevity.

j.j. 30.1 painted the front yard, brown rusted

water meter "canister' water proof purple, as it

was Vicky's favorite color.

k.k. 31.1 placed insulation "caps" over the

outside water spickets, closed the crawl space

vents as late fall arrived, removed the "caps",

opened the vents, as spring approached; to help

keep the house warm during the winter, and

cool during the summer.

PG. 4, 26. There's no proof in the record that the

other projects on the Wife's separate property

were anything more than routine maintenance

that a person would perform in any residence

they occupied. Your lackadaisical "Judgment",

as Clarified in responses^ PG. 4, 27. The court

finds that the sole and exclusive reason for the

increase in value of Wife's separate property

located at 4001 Wellington Court, Old Hickory,

TN Wilson County, Tennessee 37138, comes

from fair market conditions, and not from any

direct or indirect contributions by Husband.

Both my Wife and I lived at 4001 Wellington

Court, Old Hickory, TN 37138,; Wilson County,

TN for 12 yrs and 4 months, Sharing All

Expenses, Including The House Payments The

Several Maintenance, and Improvements.

Above and Beyond Maintenance, rendered our

25

shared property, at the top of the market value,

as described below, bold prefaced- You, Judge,

Had Several Months to

Ascertain\Digest\Retain! Please See: 18*24, PG.

4, 25., a., b., c., d., e., f., g., h., j., k., L, m., n., o.,

p., a.a., b.b., g.g., i.i., j.j., k.k.

a. 34. Lastly, when I purchased the Air\Heating

unit, as previously described 18, PG. 4, 25., 20JT]

after it was installed, I carefully cleaned and

Flex Sealed, the Interfaces from the Device to

the Adjacent Walls, and Concrete Foundation, so

that water intrusion, corrosion, debris, etc.

wouldn't accumulate, and gradually damage, or

degrade the efficiency of the Newly installed

unit.

PG. 4, 28. Wife's entire retirement portfolio was

earned during the term of this marriage and is

marital property.

Yes. Yes. Yes. Yes. Agreed! Please see: 1,-2, PG.

2, 5., a., b., c.

PG. 5, 29. Husband had some pre-marriage

accounts, but he failed and refused to disclose all

of them in discovery, and also failed or refused to

provide complete documentation of the history of

retirement accounts. Please see: 6,-8, PG. 3, 12.,

a., b., c., d.

PG. 5, 30. At trial, and even on re-direct

examination, he continued to deny knowledge of

the history or value of his accounts, past or

present. Please see: 6,-8, PG. 3, 12. a., b., c., d.

and 1,-2, PG. 2, 5., a., b., c.

PG. 5, 31. The Court finds that at all times

material to this litigation. Husband had the free

26

time and ability to prepare and submit the

requested and required information regarding

his retirement accounts, but for whatever

reason, and presumably as a litigation tactic, he

failed to do so. Please see: 1,-2, PG. 2, 5., R:, a.,

b., c., d. and 6,-8, PG. 3, 12. a., b., c., d. and 8,-9,

PG. 3, 14., a., b., c., d., e., f., g.

PG. 5, 32. A common response by Husband at

trial when asked about assets or values was "I

don't have any paperwork with me", Husband

woefully failed to carry his burden in the regard.

Please see: 1,-2, PG. 2, 5., a., b., c. d. and 6,-8,

PG. 3, 12. a., b., c., d.

PG. 5, 33. While each party submitted pre-trial

memorandums, neither complied with Rule 15 of

the Local Rules of Court, and there was no

specific exhibit of property, values, or proposed

distributions. Lie-yer Lisa Webb's flagrant

derelict is woefully, evident! You! Judge, were

given the following excerpted information via my

Divorce Response, during the trial, via Lie-yer

Lisa Webb, and I mailed it to you in its entirety,

on 11*2117! Please see: 12, PG. 3, 17, a.

Payments to: Wells Fargo Bank, Oakwood

Commons, 4740 Lebanon Rd, Hermitage, TN

37076, Ph:(615) 871-2040, Monthly Payment:

$1,129.28, Initial Financing at: Wells Fargo

Bank, 2701 Wells Fargo Way, Minneapolis, MN

55467. Ph: 1-800-443-3498, Loan 0105064604,

Acct: 5238667546. Loan Amount: $126,000.00,

ID Code: 229503640, Lender case: 010506404,

Pay Months: 119165.00, Interest Rate: 4.5%,

Estimated Balance: $70K, Estimated Values:

27

10/12/16, $249K, Trulia Est. 10/12/16 $247,637

Zillow Est. Please know that the 4001 Property

is at the top of the market invalue. Also, paid

from my 4Q1KAIRA was another $30K used for

an east Caribbean cruise, a west Caribbean

cruise, and several other needs, as the occasions

arouse, all with Vicky's expressed appreciation.

Please see-18, PG. 4, 25., 20,-21, h., i., j., k.,[I],

m., n., o., p., q., 24, i.i.

M2018-01217-COA-R3-CV, Trial Exhibits

Retrieval 8, PG. 3,14. d., e., 9, f., g., 7a-12a,

excerpts, and preliminary preparation. Copies of

documents given to John T Gwin during trial,

2016DV97.

Email recreations: Noah Ballard Mon, Aug 13,

1-14 PM (3 days ago)

Hi Amy, Please advise me on the best way to

obtain copies of the documents given to John T

Gwin, during the trial. PS I can make the copies

as may be convenient Amy Conatser Mon, Aug 13

3:26 PM (3 days ago) to me

Any documents received by the Court during the

trial would have been made trial exhibits, and

those are kept in the Clerk’s office. You may

want to call ahead so they can have the file and

exhibits already pulled for you, but you are

welcome to review/copy them at the Clerk’s

office. If you don’t have the Clerk’s telephone

number handy, it’s (615) 444-2042. Amy S.

Conatser, Assistant to Judge John Gwin

General Sessions Court, Division III

134 South College Street, Room 104

Lebanon, Tennessee 37087 ref: Pg. 1/2

28

From: Noah Ballard

[mailto:ballard.noah@gmail.com]

Sent: Monday, August 13, 2018 L15 PM

To: Amy Conatser

<Amv.Conatser@wilsoncountvtn.gov>; Amy

Conatser <Amv. Conatser@wilsoncountvtn. gov>

Subject: Copies of Documents Given to John T

Gwin during trial, NO. 2016DV97

Hi Amy,

Please advise me on the best way to obtain

copies of the documents given to John T Gwin,

during the trail.

PS I can make the copies as may be convenient.

NO. 2016DV97

ref: Pg. 2/2

Pro Se Noah T Ballard

After receiving the very welcomed email

response above, from Amy, On 8-16-18,1 called

(615) 444-2042, and spoke to Court Clerk,

Ashley. Ashley, said it would be no problem

getting the copies at 50. cents each. I went to the

General Sessions Court, Division III, 134 South

College St., Lebanon, TN 37087, clerk's office

and met with Ashley, whom gave me the entirety

of the very large volumes of exhibits. Later, as I

gave Clerk, Megan Swank, the Vanguard acct,

14 pgs., taken from Exhibit 9, which were given

to the clerk, via Petition to Review, Court of

Appeals, Filed 8-16-18: After, Megan made the

copies, she mentioned that all of the Exhibits,

had already been sent to the Appeals Court, as it

was typical practice. Please see: 7a,-12a.

Thus, Please know that the referenced copied

pgs. above confirmed what I stipulated in the

29

FINAL DECREE OF DIVORCE, responses as

listed, below, scrupulously compared, verbatim,

with the submitted copied 7a,-12a, Attest, and

are Evidentiary to the Accuracy, Integrity, and

Trustworthiness, I've Judiciously and Reliably

Provided: Please see: 6,-8, PG. 3, 12., a., b., c., d.;

14-15, PG. 3, 18., a., b., c.; 25-26, PG. 5, 29.; PG.

5, 30.; PG. 5, 31.; PG. 5, 32, and the responses

thereafter.

I didn't ask for any other copies to be made, as

the entirety of Exhibit 5, (about 5" thick), which

I had previously collected, and provided as

described below, and confirmed by: Please see:

8,- 9, PG. 3,14. c., d., e., f., g.

Please know, that the hand written-* Exhibit 9 re:

my Wife's auto down payment, on 11a, were

submitted 8-16-18, to the TN Supreme Court

Clerk, at 401 7th Ave. North, Nashville, TN

37219-1407, as initially provided by me, Noah T,

Ballard. As, the entirety of Exhibit 5, and

Vanguard, Exhibit 9, was initially provided by

me also.

Please know that deceptively, reportedly, the

divorce trial transcripts were destroyed,

inaccessible by Court Reporter, Susan Martin's

non-functional laptop hard drive as described in

emails shown below. Lie-yer Lisa Webb's Court

Reporter, Susan Martin (615) 969-5113.

Although, I'm an IT guy, and have previously

successfully recovered "lost" data from

PCsXHDD (Hard Disk Drives), and I freely,

volunteered to attempt dataXtranscript recovery

from Susan's PCXLaptop.

30

from: Susan Martin

<smartincourtreporter@yahoo. com>

to: Noah Ballard

date: Apr 3, 2018,12:31PM

to: Noah

Ballard<ballard.noah@gmail.com

subject: Re: Secure Data Recovery

Case No. 146129 / Unsuccessful

Recovery

mailed- yahoo.com by: signed- yahoo.com

by:

They took the hard drive out and tried to

retrieve the data and it failed. It was via what

looked like a usb that connected to another

computer. They didn’t do any extensive recovery

like Secure Data,

from: Noah Ballard

<ballard.noah@gmail.com>

date: Apr 3, 2018, 2:03 PM

subject: Re: Secure Data Recovery Case No.

146129 / Unsuccessful Recovery

mailed- gmail.com

by: Important according to Google

magic.

Who are they?

31

Can you please email me their bill, invoice,

report, services provided, task description, as

that should be very carefully descriptively,

detailed, as "they" did take your money?

From^ Susan Martin

<smartincourtreporter@yahoo.com>

mailed-by: yahoo.com

signed~by: yahoo.com

It was at office max in Lebanon. No

description of what they did. I stood and

watched him.

from: Noah Ballard

cballard. noah@gmail.com>

to: Susan Martin

<smartincourtreporter@yahoo.com>,

trdiscenza@att.net

date: Apr 5, 2018, 9:18 AM

subject: Re: Secure Data Recovery

Case No. 146129 /

Unsuccessful Recovery

mailed- gmail.com by:

: Important

according to

Google magic.

It doesn’t. It just says

586422 In store

backup$69.99_______

32

Ultimately, Susan's very conflicting,

contradictory, deceptive, uncooperative, (after

several requests, she failed to provide a copy of

her receipt, as shown above on 13a, that

subsequently, I obtained via Office Max's receipt

dept, cooperation) and her untrustworthy,

responses thoroughly discouraged, and

dissuaded, me from further assistance in a

recovery pursuit; and are shown below, via a

copied Email\Attachment:

from: Noah Ballard

<ballard.noah@gmail.com>

to: trdiscenza@att.net,

Cheri Weaver <cweaver@tbpr.org>,

Lisa Webb

<LisapWebb@yahoo.com>,

Susan Martin

<smartincourtreporter@yahoo.com>,

complaints@tbpr.org

date: Apr 18, 2018, 10:44 AM

subject: Re: Secure Data Recovery Case No.

146129/Unsuccessful Recovery

gmail.com by:

mailedYesterday morning, I spoke with Office Depot,

Celine Husband, at 1-800-721-6592, receipt

department, regarding the reciept on 13a.

Celine explained to me, that thel586422]entry,

was for the $69.99 fee for "successfully" copying

the files from an "old" PC, to the new laptop

33

629376, also shown on 13a above.

Celine said, that I could get onsite confirmation

by calling to further confirm this fact. After

which, I spoke to Brittany, at 1-615-547-0071, at

the 415 S. Cumberland, Lebanon, TN 37087,

Office Max.

Please know, the Black enclosed: No Description

of what they did. I stood and watched him. And586422, above has been added to the email,

herein, by me Noah T. Ballard, which Clearly,

Undeniably, Contradicts the inclusive 586422,

receipt I obtained, from Office Depot, records

dept, shown on 13a below. Also, this text box

has been added Depicting Accuracy, Clarity,

and Honesty, as the receipt I obtained was a

duplicate, of the one Susan had been given,

which she denies, the reliable, and thorough,

details "as shown" saying it contained only: It

doesn’t. It just says 586422 In store backup

Where, the reciept,on 13a, was paid for by Susan

Martin, (via Susan's confirmation emails

previously received, specified); confirming the

586422, entry was clearly indicating a successful

copying of all files from the laptop (Susan, had

described in her previous emails, shown above),

as being defective, and an unsuccessful, failure

to copy files prevailed!, and, clearly was evident

by the receipt, and $69.99 payment). For clarity

and certainty, I asked Brittany: What if the files

couldn't be copied? She replied: Then, no money

$69.99, would be charged, we never charge for

something we cannot do!

34

PS: The INSTORE BACKUP & M, M =

Migration, as confirmed by both Celine, and

Brittany. Office Max - Celine's, and Brittany's!

vs Susan's explainations are conflicting,

contradictory, and diametrically opposing, as

shown above via Susan's previously received

email responses!

Summation!: Careless, deception, grievously,

misleading, negligence, via Lie-yer Lisa Webb's,

Court Reporter Susan Martin, is flagrantly, and

maliciously, evident! The explanations provided

by Office Max - Celine, and Brittany, are routine

and typical, Best Practices, when replacing a

new PC, with an Old PC. I'm an IT guy, with 30+

yrs experience, I've performed the copying,

migration of files from one PC to another

numerous times. It's basically an IT industry

Best Practices, and Honesty. "Standard", in that

context, I never charge anyone for unsuccessful,

copying, migration attempts!

Eye Witness: Please Know, My Sister, Barbara

A. Bowman, was present during the entire

divorce trial, and attests to all divorce trial

communications, and interactions Transcribing,

Notarized, on 14a, above.

PG. 5, 34.Wife desires to be restored to her

pre-marriage name of "Vicki Lynn Garner"

Her name is Vicky. I asked for her name to be

changed to Garner from Ballard, via an email to

Lie-yer Lisa Webb, months earlier!

Legend: Bart: Vicky's son, Becky: Vicky's sister,

whom is deaf, but can be understood by

35

expressions, lip reading, mannerisms, and

vocals.

INTEROGATORY No. 22- Please describe with

specificity any and all complaints you have with

your Wife (intended to include for each specific

incident of misconduct you allege to have been

committed by her such information as the dates

of the incident, and the identity of all persons

who witnessed and/or have knowledge of each of

the incidents which you have fisted.

It's with excruciating pain that I write the

following: l. My wife has left me over night on

three separate occasions. One Friday evening

she called me from work, saying while laughing

that she was going out of town to visit a sick

friend, then she "hung" the phone up. I was

shocked and bewildered by her call.

I tried to call her back, several times but there

was no answer. Later that evening I went to

Murfreesboro, to visit with my brother and

sister, and to briefly discuss the call with my

sister.

We began playing cards, but I was very

distressed with the call and managed to continue

playing for a while. Vicky called me while we

were playing and said that she would be back in

town the following evening and then "hung up"

the phone. After a while, I got very tired and

decided to leave and go home. During my ride

home, I thought I might go by the Lake House,

at 126 Baywatch Place, Gallatin, TN, and check,

as Ken and Anita (Vicky's Parents) were out of

town, and it would be something to do before

38

= $16K, via Megan Williams, Cordell&Cordell.

Most Emphatically, Dutifully, Judiciously,

Praying, Respectfully, Sincerely, and Trusting,

That Justice Shall Prevail! IN GOD WE TRUST!

Hapless, Pro Se, Victim, Semper Fi

l,

oah T. Ballard