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Filing # 182056395 E-Filed 09/18/2023 03:44:20 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
ROBERT L. WILLIAMS, CIVIL DIVISION
An individual,
Plaintiff,
Vv. Case No:
PHYLLIS E. GAMBONE,
An individual,
Defendant.
/
COMPLAINT EN PARTITION AND FOR CONSTRUCTIVE OR RESULTING TRUST
NOW COMES Plaintiff, ROBERT L. WILLIAMS, an individual, currently residing at 850
Cressman Road, Harleysville, PA 19438 (the “Plaintiff”, by and through his undersigned counsel
Lynn R. Emerson, Esq. and BusinessLegal, PC, and files this Complaint to partition one parcel of
property, located in Charlotte County, Florida, and for a constructive or resulting trust on a second
parcel of property, located in Charlotte County, Florida, against Defendant, PHYLLIS E.
GAMBONE, an individual, residing at 2480 Palm Tree Drive, Punta Gorda, Florida, Charlotte
County, Florida 33950 (the “Defendant”), and in support of states as follows:
THE PARTIES
1 Plaintiff, ROBERT L. WILLIAMS, an individual, currently resides at 850
Cressman Road, Harleysville, PA 19438; however, at times material to this Complaint, resided
with the Defendant, at 2480 Palm Tree Drive, Punta Gorda, Florida, Charlotte County, Florida
33950.
2. At all times material hereto, Defendant, PHYLLIS E. GAMBONE, an individual,
residing at 2480 Palm Tree Drive, Punta Gorda, Florida, Charlotte County, Florida 33950.
COUNT I - PARTITION
3 This is an action to partition property with a current market value of $715,030.00.
4 The real property at issue is located at 2480 Palm Tree Drive, Punta Gorda,
Charlotte County, Florida 33950 (“Property 1”); being more particularly bounded and
described as:
LOT 54, BLOCK 12, PUNTA GORDA ISLES, SECTION 4, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE(S) 45A
AND 45B, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA.
5. On or before the 1st day of May, 2017, Plaintiff and Defendant were living together
as an unmarried couple, at 393 Moyer Road, Souderton, Pennsylvania 18964, and acquired
Property 1, by General Warranty Deed, as joint tenants with fuil right of survivorship, for the
purchase price of $500,000.00. A copy of the Deed is attached hereto, marked as Exhibit A, and
incorporated herein.
6. Plaintiff paid the down payment of $75,900.00, and the Plaintiff and Defendant
entered into a mortgage for the balance of the purchase price, in the amount of $424,100.00.
7. Plaintiff relocated to Florida, in September, 2020,
8 Defendant relocated to Florida in August 2021, and cohabitated with Plaintiff at
Property 1, until April 2023.
9 Plaintiff returned to Pennsylvania in April 2023 to provide support to family, who
encountered some family medical issues, and has remained in Pennsylvania.
10. Plaintiff has paid the mortgage, taxes and utilities on Property 1, since its
acquisition on May 1, 2017.
11. Plaintiff and Defendant have not lived together as a couple since Plaintiff returned
to Pennsylvania.
12. Plaintiff seeks to sell Property 1; however, Defendant refuses to cooperate with the
sale of Property 1.
WHEREFORE, Plaintiff respectfully requests that the court:
A Take jurisdiction of this cause and of the parties to this action.
B. Ascertain the equitable ownership the parties have in Property 1.
Cc Order that Property 1 is to be sold in partition, and the proceeds divided consistent
with the equitable ownership of the parties as this court shall determine.
D Award such other and further relief as plaintiff may be entitled to receive.
COUNT Il - CONSTRUCTIVE OR RESULTING TRUST
13. Plaintiff incorporates the allegations of paragraphs 1 — 12, as if fully set forth
herein.
14, This is an action that seeks constructive or resulting trust on property with a current
market value of $287,413.00.
15. The real property at issue is located at 2150 Amarillo Lane, Punta Gorda, Charlotte
County, Florida 33950 (“Property 2”); being more particularly bounded and described as:
LOT 14, BLOCK 777, PUNTA GORDA ISLES, SECTION TWENTY THREE,
ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK
12, PAGE(S) 2-4 THROUGH 2-Z-41, INCLUSIVE, OF THE PUBLIC RECORDS OF
CHARLOTTE COUNTY, FLORIDA.
16. During the time Plaintiff and Defendant cohabitated at Property 1, Defendant made
a request to Plaintiff that her daughter, the daughter’s boyfriend, and her daughter’s child, come
live with them.
17. Plaintiff was not interested in having Defendant’s family move in with them, and
agreed with Defendant to purchase property, which he would own, but where they could live close
by. The property was not intended as a gift, but only to provide a place for the relatives to live.
18. Relying on their agreement, on July 8, 2021, Plaintiff wired the purchase price in
the amount of $268,161.67 to Defendant to purchase Property 2, which she did.
19. However, instead of putting Property 2, in Plaintiff's name, as they had agreed, she
put her name only on the deed to Property 2, even though she paid nothing towards the purchase
price, or closing costs. A copy of the Deed is attached hereto, marked as Exhibit B, and
incorporated herein.
20. Defendant’s actions in placing Property 2 in her name alone, were fraudulent, and
Defendant is unjustly enriched by retaining title to Property 2 in her name alone.
21. Defendant’s actions in placing Property 2 in her name alone breached the
agreement she had with Plaintiff that Property 2 was to remain his sole and exclusive property.
22. On or about September 14, 2023, Defendant has listed Property 2 for sale, in a
further attempt to fraudulently secure the value of Property 2 for herself.
WHEREFORE, Plaintiff respectfully requests that the court:
A Take jurisdiction of this cause and of the parties to this action.
B. Order Property 2 subject to a constructive trust based on fraud and unjust
enrichment, and/or subject to a resulting trust on the basis that the purchase price paid by the
Plaintiff was never intended as a gift.
Cc. Order Defendant to retitle Property 2 into Plaintiffs name alone, or pay the value
of Plaintiff's interest in Property 2 to Plaintiff, to dissolve the constructive or resulting trust, within
thirty (30) days of the Order date.
D Award such other and further relief as plaintiff may be entitled to receive.
DATED this 18th day of September, 2023.
Respectfully submitted,
/s/ Lynn R. Emerson, Esq.
Lynn R. Emerson, Esq.
4
Florida Bar No. 0055757
BusinessLegal, PC
Attomey for Plaintiff
1145 SW 45th Ter,
Cape Coral, Florida 33914
Ph. 239/329-2151; Fax 239/329-2150
Lynn-Emerson@businesslegalfla.com
VERIFICATION
Under penalties of perjury, I declare that I have read the forgoing and the facts alleged
are true to the best of my knowledge and belief.
DATED: This 1& day of September, 2023.
ection Robert L. wits)
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Filing # 182056395 E-Filed 09/18/2023 03:44:20 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA ROBERT L. WILLIAMS, CIVIL DIVISION An individual, Plaintiff, Vv. Case No: PHYLLIS E. GAMBONE, An individual, Defendant. / COMPLAINT EN PARTITION AND FOR CONSTRUCTIVE OR RESULTING TRUST NOW COMES Plaintiff, ROBERT L. WILLIAMS, an individual, currently residing at 850 Cressman Road, Harleysville, PA 19438 (the “Plaintiff”, by and through his undersigned counsel Lynn R. Emerson, Esq. and BusinessLegal, PC, and files this Complaint to partition one parcel of property, located in Charlotte County, Florida, and for a constructive or resulting trust on a second parcel of property, located in Charlotte County, Florida, against Defendant, PHYLLIS E. GAMBONE, an individual, residing at 2480 Palm Tree Drive, Punta Gorda, Florida, Charlotte County, Florida 33950 (the “Defendant”), and in support of states as follows: THE PARTIES 1 Plaintiff, ROBERT L. WILLIAMS, an individual, currently resides at 850 Cressman Road, Harleysville, PA 19438; however, at times material to this Complaint, resided with the Defendant, at 2480 Palm Tree Drive, Punta Gorda, Florida, Charlotte County, Florida 33950. 2. At all times material hereto, Defendant, PHYLLIS E. GAMBONE, an individual, residing at 2480 Palm Tree Drive, Punta Gorda, Florida, Charlotte County, Florida 33950. COUNT I - PARTITION 3 This is an action to partition property with a current market value of $715,030.00. 4 The real property at issue is located at 2480 Palm Tree Drive, Punta Gorda, Charlotte County, Florida 33950 (“Property 1”); being more particularly bounded and described as: LOT 54, BLOCK 12, PUNTA GORDA ISLES, SECTION 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE(S) 45A AND 45B, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. 5. On or before the 1st day of May, 2017, Plaintiff and Defendant were living together as an unmarried couple, at 393 Moyer Road, Souderton, Pennsylvania 18964, and acquired Property 1, by General Warranty Deed, as joint tenants with fuil right of survivorship, for the purchase price of $500,000.00. A copy of the Deed is attached hereto, marked as Exhibit A, and incorporated herein. 6. Plaintiff paid the down payment of $75,900.00, and the Plaintiff and Defendant entered into a mortgage for the balance of the purchase price, in the amount of $424,100.00. 7. Plaintiff relocated to Florida, in September, 2020, 8 Defendant relocated to Florida in August 2021, and cohabitated with Plaintiff at Property 1, until April 2023. 9 Plaintiff returned to Pennsylvania in April 2023 to provide support to family, who encountered some family medical issues, and has remained in Pennsylvania. 10. Plaintiff has paid the mortgage, taxes and utilities on Property 1, since its acquisition on May 1, 2017. 11. Plaintiff and Defendant have not lived together as a couple since Plaintiff returned to Pennsylvania. 12. Plaintiff seeks to sell Property 1; however, Defendant refuses to cooperate with the sale of Property 1. WHEREFORE, Plaintiff respectfully requests that the court: A Take jurisdiction of this cause and of the parties to this action. B. Ascertain the equitable ownership the parties have in Property 1. Cc Order that Property 1 is to be sold in partition, and the proceeds divided consistent with the equitable ownership of the parties as this court shall determine. D Award such other and further relief as plaintiff may be entitled to receive. COUNT Il - CONSTRUCTIVE OR RESULTING TRUST 13. Plaintiff incorporates the allegations of paragraphs 1 — 12, as if fully set forth herein. 14, This is an action that seeks constructive or resulting trust on property with a current market value of $287,413.00. 15. The real property at issue is located at 2150 Amarillo Lane, Punta Gorda, Charlotte County, Florida 33950 (“Property 2”); being more particularly bounded and described as: LOT 14, BLOCK 777, PUNTA GORDA ISLES, SECTION TWENTY THREE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE(S) 2-4 THROUGH 2-Z-41, INCLUSIVE, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. 16. During the time Plaintiff and Defendant cohabitated at Property 1, Defendant made a request to Plaintiff that her daughter, the daughter’s boyfriend, and her daughter’s child, come live with them. 17. Plaintiff was not interested in having Defendant’s family move in with them, and agreed with Defendant to purchase property, which he would own, but where they could live close by. The property was not intended as a gift, but only to provide a place for the relatives to live. 18. Relying on their agreement, on July 8, 2021, Plaintiff wired the purchase price in the amount of $268,161.67 to Defendant to purchase Property 2, which she did. 19. However, instead of putting Property 2, in Plaintiff's name, as they had agreed, she put her name only on the deed to Property 2, even though she paid nothing towards the purchase price, or closing costs. A copy of the Deed is attached hereto, marked as Exhibit B, and incorporated herein. 20. Defendant’s actions in placing Property 2 in her name alone, were fraudulent, and Defendant is unjustly enriched by retaining title to Property 2 in her name alone. 21. Defendant’s actions in placing Property 2 in her name alone breached the agreement she had with Plaintiff that Property 2 was to remain his sole and exclusive property. 22. On or about September 14, 2023, Defendant has listed Property 2 for sale, in a further attempt to fraudulently secure the value of Property 2 for herself. WHEREFORE, Plaintiff respectfully requests that the court: A Take jurisdiction of this cause and of the parties to this action. B. Order Property 2 subject to a constructive trust based on fraud and unjust enrichment, and/or subject to a resulting trust on the basis that the purchase price paid by the Plaintiff was never intended as a gift. Cc. Order Defendant to retitle Property 2 into Plaintiffs name alone, or pay the value of Plaintiff's interest in Property 2 to Plaintiff, to dissolve the constructive or resulting trust, within thirty (30) days of the Order date. D Award such other and further relief as plaintiff may be entitled to receive. DATED this 18th day of September, 2023. Respectfully submitted, /s/ Lynn R. Emerson, Esq. Lynn R. Emerson, Esq. 4 Florida Bar No. 0055757 BusinessLegal, PC Attomey for Plaintiff 1145 SW 45th Ter, Cape Coral, Florida 33914 Ph. 239/329-2151; Fax 239/329-2150 Lynn-Emerson@businesslegalfla.com VERIFICATION Under penalties of perjury, I declare that I have read the forgoing and the facts alleged are true to the best of my knowledge and belief. DATED: This 1& day of September, 2023. ection Robert L. wits)