Could Late-Filed Payment Proposal Impact 80-Year-Old Vietnam Vet’s 90-Day Contempt of Court Jail Sentence?

On August 29, though three days late, Thomas Edward “Ed” Bull , 80, submitted a payment plan to Judge Daryl Funk to fullfil the court-ordered split payment of Real Estate Commissioner’s fees to his wife’s law firm in divorce and related marital estate disbursement proceedings between 2021 and 2023. However, on the day following that August 29th submission, as ordered Bull turned himself into the custody of RSW Regional Jail officials to begin a 90-day Contempt of Court sentence for his initial refusal to pay his half share of those fees, $1,308.20, or set up a payment plan by August 26, 2024.

That the 80-year-old Vietnam War veteran, who notes he has been categorized as disabled, is not in a financial position to make such a payment all at once is illustrated in the offer he submitted to Judge Funk on August 29. Reversing the stance he took in court when his self-presented appeal of the ordered split payment was denied by Judge Funk on July 17, leading to Bull’s statement to the court, “Put me in jail, I’ll do the three months,” Bull submitted this proposal to the court:

“With this motion I am submitting a proposed plan for payment. I will pay $25 a month, starting on October 1, to the plaintiff Ms. Mercer, until payments are fulfilled, or a new judgment is issued. If a new judgment is issued for the defendant (Bull), then all payments made to date will be returned to the defendant.”

This reporter did a little cell-phone calculator-assisted math, finding that $1,308.20 divided by $25 equals 52.328 months; and that 52.328 months divided by 12 months equals 4.36 years to complete payment of his half of the Real Estate Commissioner fees to the Nate Adams Law firm that represented his wife during the divorce and marital estate disbursement actions.

The bottom line appears to be that Mr. Bull, who as noted above represented himself at the July 17 appeals hearing and says he can no longer afford an attorney, has reconsidered his stand against payment on principal. That initial stand was based on his firm belief the second of two PSAs (Property Settlement Agreements) signed off on by he and his ex, Brenda J. Mercer, during the divorce and related proceedings remains legally binding. That second PSA gave his wife full possession and value of the Linden marital home estate in exchange for no additional financial responsibility to Bull related to the sale of that property.

Ed Bull at his old ‘bike’ outside RSW Jail Friday, Aug. 30, shortly before he checked in to begin service of 90-day sentence for Contempt of Court. Note the interesting “educational” reference on the motorcycle windscreen. Below, things turned a bit more grim as the 7 p.m. check-in time approached and Bull prepared to bid his friends farewell, at least for 90 days, or might it be less with a submitted payment plan? – Royal Examiner Photos Roger Bianchini

Of that PSA, Mr. Bull forwarded us this excerpt (his underlining in context) from the submission to the court upon which he bases his claim of non-liability for any portion of the Real Estate Commissioner fees due to his now ex-wife’s Nate Adams Law Firm: “I have a Settlement Agreement dated June 3, 2022, (attached) negotiated through the Nate Adams Law Firm stating: “3, Upon endorsement of the aforesaid deed and amendment set forth in paragraph 1 and 2 by Thomas E Bull, Brenda J Mercer shall and does hereby release Thomas E Bull from all obligations set forth in paragraph 16 (A) of the Property Settlement Agreement dated March 16, 2021 and all obligations set forth in the court order dated March 8 2022″ (by Judge Sharp who handled the divorce proceeding prior to his retirement).

“When Judge Funk produced his court order on May 30, 2023, the Settlement Agreement dated June 3, 2022, was not presented to him in court. I attained the Settlement Agreement dated June 3, 2022, approximately three weeks after the court date and sent it to Judge Funk,” civil case defendant Bull observed.

“This was supposed to be a simple divorce after the ex-wife filed. It has been a stressful four years … So I negotiated the Settlement Agreement dated June 3, 2022, leaving the ex-wife everything, and walking away with nothing but my sanity,” Bull wrote the court. The Bulls divorce was granted August 18, 2021 by Judge Sharp.

Bull continues to believe that relevant information has been withheld from the courts, or at times ignored by it, and that his signing off on the PSA taking none of the value of the couple’s marital home in exchange for no more financial liability related to the divorce proceedings and marital property disbursement is simply being ignored or manipulated to other ends.

“Simple divorce” – Maybe that’s where this self-described “Old Vietnam Veteran” began heading in a different direction than the civil case legal system. In explaining his rejection of Bull’s appeal of the split Commissioner fees court order, Judge Funk referenced an earlier PSA in which Bull was responsible for the sale of the marital estate, and a payment of $147,200 to his wife. It appeared the judge considered the Real Estate Commissioner’s fees as dating to the initial, failed PSA and consequently not impacted by the second PSA’s terms upon which Bull based his appeal.

Bull claimed wording of that initial PSA was changed and signed off on by his then attorney without his knowledge, making that approximate half-value payment to his wife due prior to the sale of the property, which Bull said he did not have the assets to accomplish. His wife’s legal counsel countered that Bull had failed to live up to the terms of that initial PSA in a variety of ways, leading to the creation of the second PSA.

And while Bull may have been willing to spend three months in RSW Jail to make a stand of principal on his interpretation of the PSA’s impact on the Real Estate Commissioner fees ruling, continuing that stand could have additional consequences. In reacting to Bull’s July 17 end of hearing comment, “Put me in jail. I’ll do the 3 months,” Judge Funk observed “It will keep coming.”

More than 3 months – And owe what?!?

Following closing of that 3 p.m. hearing at 3:47 p.m. on July 17, this reporter checked with civil plaintiff (who was not present) Mercer’s attorney Carolyn Scully Fitzwater. She verified that the judge’s above comment did indicate that if Bull continues to refuse to pay the ordered amount, he is likely to be sentenced to additional time in jail until he has paid or begun payment arrangements.

And it may be noted that Bull was also found liable for legal fees related to his ex-wife, Brenda Jean Mercer’s Nate Adams Law Firm’s attempts to secure his ordered shared payment, adding $1,189.50 to his court-ordered liability, raising his total owed to $2,497.70. That almost doubles both the amount liable for, and the time it would take for him to pay it back as proposed from around 4 to 8 years. And while those may be lengthy payback scenarios, as Mr. Bull noted to us, you can’t pay with what you don’t have.

And the 80-year-old Bull is somewhat curious at how the tallied legal fees almost doubling his liability were calculated by the involved law firm. Whereas, if allowed, Mr. Bull, now residing in West Virginia, believes direct communications between he and his now ex-wife without the interference of involved legal counsel could have reached an agreement on the split liability at the cost of a few telephone calls. This reporter will note that Bull pointed out he has known his now-ex wife Ms. Mercer since high school, and he refuses to speak ill of her despite her filing for the divorce.

So, now this aging Vietnam vet has offered a payment arrangement that while fairly long term and filed three days after the court-ordered compliance date of August 26 for payment or submission of a payment plan, is an offer to comply with the court-ordered setting up of a payment schedule. Might that impact the court’s stance on Mr. Bull’s serving of the entire three months of incarceration begun on Friday, August 30th?

Stay tuned, legal drama fans. We will keep you posted on any subsequent developments regarding Mr. Bull’s incarceration and proposed payment plan.