Professional Documents
Culture Documents
No. 05-3-02756-0 Amana I.K.M. Fisher & Stephanie J. Seymour
No. 05-3-02756-0 Amana I.K.M. Fisher & Stephanie J. Seymour
No. 05-3-02756-0 Amana I.K.M. Fisher & Stephanie J. Seymour
15
16 Additional requests, if any, are stated in the petition, a copy of which is attached to this
summons.
17
18 2. You must respond to this summons and petition by serving a copy of your written
response on the person signing this summons and by filing the original with the clerk of the
19 court. If you do not serve your written response within 20 days (or 60 days if you are served
20 outside of the State of Washington) after the date this summons was served on you, exclusive of
the day of service, the court may enter an order of default against you, and the court may, without
21 further notice to you, enter a decree and approve or provide for the relief requested in the
22 petition. In the case of a dissolution of marriage, the court will not enter the final decree until at
least 90 days after filing and service. If you serve a notice of appearance on the undersigned
23 person, you are entitled to notice before an order of default or a decree may be entered.
24
SUMMONS NORMANS. BESMAN
25 WPF DR 01.0200 (7/93) 20016 CEDAR VALLEY ROAD, SUITE 106
LYNNWOOD WA 98036-6332
CR4.I (425) 672-3410
26 PAGE I OF2
27
NSB-FISHER-10/18/05
ORIGINAL FAX (425) 744.()456
1
3. Your written response to the summons and petition must be on form WPF DR 01.0300,
2 Response to Petition (Domestic Relations). This form may be obtained by contacting the clerk of
the court at the address below, or by contacting the Office of the Administrator for the Courts at
3 (360) 705-5328.
4
4. If this action has not been filed with the court, you may demand that the petitioner file
5
this action with the court. If you do so, the demand must be in writing and must be served upon
6 the person signing this summons. Within 14 days after you serve the demand, the petitioner must
file this action with the court, or the service on you of this summons and petition will be void.
7
8 5. If you wish to seek the advice of an attorney in this matter, you should do so promptly so
that your written response, if any, may be served on time.
9
10 6. One method of serving a copy of your response on the petitioner is to send it by certified
mail with return receipt requested.
11
12 This summons is issued pursuant to Superior Court Civil Rule 4.1 of the State of Washington.
~~~
13
14 Dated: _(_0_•_\°'"-·~---
NORMANS. BESMAN, WSBA #12585
15
Attorney for Petitioner
16
17 FILE ORIGINAL OF YOUR RESPONSE SERVE A COPY OF YOUR RESPONSE
18 WITH THE CLERK OF THE COURT AT: ATTORNEY FOR PETITIONER:
19 PAM L. DANIELS, CT. ADMIN. NORMANS. BESMAN
20 SUPERIOR COURT OF WASHINGTON 20016 CEDAR VALLEY ROAD, STE 106
FOR SNOHOMISH COUNTY LYNNWOOD WA 98036-6332
21 3000 ROCKEFELLER A VE
22 EVERETT WA 98201-4060
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25
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SUMMONS NORMANS. BESMAN
WPF DR 01.0200 (7/93) 20016 CEDAR VALLEY ROAD, SUITE 106
LYNNWOOD WA 98036-6332
CR4.l (425) 672-3410
PAGE20F2 FAX (425) 744-0456
NSB-F!SHER·I0/18/Q~
,.
.. ..
FILED
05 OCT 19 PH 4: 29
PAM L. DAN\ELS
COUNTY CLERK
SNOHOMISH CO. Wf\ SH.
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SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
3
4 In Re the Marriage of:
5 AMANA I.K.M. FISHER NO. 05 3 027 56 0
Petitioner,
6
and PETITION FOR DISSOLUTION
0 7 OF MARRIAGE
:::0
-CJ) 8
STE™IE J. SEYMOUR
Respondent.
(PTDSS)
-
Z10
9
I. BASIS
15
16 1.2 IDENTIFICATION OF RESPONDENT.
17
18 Name STEPHANIE J. SEYMOUR
Date of Birth 12-07-62
19
Home Address 19514 WINESAP LANE BOTHELL, WA 98011
20
21
22
23
24
PETITION FOR DISSOLUTION OF MARRIAGE NORMANS. BESMAN
25 20016 CEDAR VALLEY ROAD. SUITE 106
WPF DR 01.0 I 00 (7 /93)
LYNNWOOD WA 98036-6332
RCW 26.09.020 (425) 672-3410
26 PAGE l OF 5 FAX (425) 744-Q456
27
NSB-FlSHEll· 1OIJ81{)S
ORIGINAL
..
21 [X] the petitioner and respondent lived in Washington during their marriage and the
petitioner continues to reside in this state.
22
[X] the petitioner and respondent may have conceived a child while within
23 Washington.
24
1.8 PROPERTY.
25
There is community or separate property owned by the parties. The court should make a fair and
26
equitable division of all the property.
27
The division of property should be determined by the court at a later date, if the parties
28
cannot agree on a division.
29
PETITION FOR DISSOLUTION OF MARRJAGE NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE 106
WPF DR 01.0100 (7/93)
LYNNWOOD WA 98036-6332
RCW 26.09.020 (425)672-3410
PAGE20F5 FAX (425) 744-0456
NSB·FISHER-10/18/0S
1
2 1.9 DEBTS AND LIABILITIES.
3
[X] The parties have debts and liabilities. The court should make a fair and equitable
4 division of all debts and liabilities.
5
[X] The division of debts and liabilities should be determined by the court at a later
6 date, if the parties cannot agree on a division.
7 1.10 SPOUSAL MAINTENANCE.
8
There is a need for spousal maintenance as follows:
9
IO Husband has a need for financial support from the wife; the wife has the financial
ability to assist the husband.
11
12 1.11 CONTINUING RESTRAINING ORDER.
13
Does not apply.
14
1.12 PREGNANCY.
15
16 The wife is not pregnant.
17
1.13 CHILD SUPPORT AND PARENTING PLAN FOR DEPENDENT CHILDREN.
18
Support for the dependent children listed in paragraph 1.3, above, should be set pursuant
19
to the Washington State Child Support Schedule.
20
Name of Mother's Father's
21
of Child Name Name
22
Samantha Stephanie J. Seymour Amana I.K.M. Fisher
23
24 The petitioner's proposed parenting plan for these children:
25
is attached and is incorporated by reference as part of this Petition.
26
(The following information is required only for those children who are included in the
27
petitioner's proposed parenting plan.)
28
29
PETITION FOR DISSOLUTION OF MARRIAGE NORMANS. BESMAN
WPF DR 01.0100 (7/93) 20016 CEDAR VALLEY ROAD, SUITE I06
RCW 26.09.020 LYNNWOOD WA 98036-6332
(425) 672-34!0
PAGE3 OF 5
NSB-F1SHER-IOIJ8JOS FAX (425) 744-0456
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9 The petitioner has been involved in the following proceedings regarding the
10 children (list the court, the case number, and the date of the judgment or order):
1
II. RELIEF REQUESTED
2
The petitioner REQUESTS the Court to enter a decree of dissolution and to grant the relief
3 below.
4
[X] Provide reasonable maintenance for the husband.
5 [X] Approve the petitioner's proposed parenting plan for the dependent children.
6 [X] Determine support for the dependent children pursuant to the Washington State Support
Schedule.
7 [X] Divide the property and liabilities.
8 [X] Order payment of day care expenses for the children, if any.
[X] Award the tax exemptions for the dependent children as follows:
9
10 Fairly and reasonably
11
[X] Order payment of attorney's fees, other professional fees and costs.
12 [X] Other:
13
Such other and further relief as this court deems fair, just and equitable.
14
15
16
17 Dated: _._O"'-c::=-;\_,,__~\1~-t_lit--'z"-o_o_o/_
18 NORMANS. BESMAN, WSBA #12585
Attorney for Petitioner
19
20
21
I declare under penalty of perjury under the laws of the State of Washington that the
22 foregoing is true and correct.
I
a~··
" ~
SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
2 --~~~.;~~fi~~·~J>~<~~~~~~~~~~~~~~~-j
3 -
4 In Re:
s AMANA l.K.M. FISHER
Petitioner,
NO. 05 3 0 27 56
6
0 and FINANCIAL DECLARATION
::::CJ 7 IZI PETITIONER
- STE~NIE J. SEYMOUR
Ci) 8 Respondent. (FNDCLR)
9
:z
)>10
Name: Amana Fisher Date of Birth: 12-05-56
111
12 I. SUMMARY OF BASIC INFORMATION
19
20
21
22
23
24
FINANCIAL DECLARATION NORMANS. BESMAN
20016CEDAR VALLEY ROAD, SUITE 106
25 WPF DR 01.0550 (4/93) LYNNWOOD WA 98036-6332
RCW 26.18.220 (I) (425) 672-3410
26 PAGE I OF6 . FAX (425) 744--0456
27
NSB·FISHER-10/18/0S
ORIGINAL
I II. PERSONAL INFORMATION
2 2.1 Occupation: CJ.\\ \b~'c,.. ~\'('2...'\A\b-l~\<..
3
'
......,~
2.2 v _ _ _ _ _ _ __
The highest year of education completed: ----''-=-
4
2.3 Are you presently employed? DY es [8JNo
5
b. If no: (1) When did you last work (month/year)?
6
July 2004
7
8 (2) What were your gross monthly earnings? $ 350
11
III. INCOME INFORMATION
12
13 If child support is at issue, complete the Washington State Child Support Worksheet(s), skip Paragraphs 3.1and3.2.
If maintenance, fees, costs or debts are at issue and child support is NOT an issue this entire section should be
14 completed. (Estimate of other party's income information is optional.)
16 lfyou are paid on a weekly basis, multiply your weekly gross pay by 4.3 to determine your monthly wages
and salaries. If you are paid every two weeks, multiply your gross pay by 2. I 5. If you are paid twice
17 monthly, multiply your gross pay by 2. If you are paid once a month, list that amount below.
18
Petitioner Respondent
19 a. Wages and Salaries $0 $ 8075
b. Interest and Dividend Income $0 $ _ __
20 c. Business Income $0 $ _ __
d. Spousal Maintenance Received From - - - - - - - - - $0 $ _ __
21 e. Other Income: odd jobs $ 150 $ _ __
f. Total Gross Monthly Income (add 3.Ia thru 3.le) $ 150 $ _ __
22 g. Actual Gross Income (Year to date) $&1>0 $ 8075
23
3.2 MONTHLY DEDUCTIONS FROM GROSS INCOME.
24
a. Income Taxes $0 $ _ __
25 b. FICA/Self-employment Taxes $0 $ _ __
c. State Industrial Insurance Deductions $0 $ _ __
26 d. MANDATORY Union/Professional Dues $0 $ _ __
e. Pension Plan Payments $0 $ _ __
27 f. Spousal Maintenance Paid $0 $ _ __
g. Normal Business Expenses $0 $ _ __
28 h. Total Deductions from Gross Income
(add lines 3.2a through 3.2g) $0 $ _ __
29
FINANCIAL DECLARATION NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE !06
WPF DR 0 I .OSSO ( 4/93) LYNNWOOD WA 98036-6332
RCW 26.18.220 (I) (425) 672-34!0
PAGE 2 OF6 FAX (425) 744-0456
NSB-FISHER. \0/18/0S
'
I Petitioner Respondent
3.3 MONTHLY NET INCOME. (Line 3.lfminus line 3.2h or 150 $ _ __
2 line 3 from the Child Suppon Worksheet(s).)
3
3.4 MISCELLANEOUS INCOME.
4
a. Child suppon received from other relationships $,,_O_ __ $0
5 b. Other miscellaneous income: $"-0_ __ $0
(list source and amounts)
6 $ _ _ __ $ _ __
$ _ __ $ _ __
7 $ _ __ $ _ __
8
c. Total Miscellaneous Income (add 3.4a thru 3.4c) $""0_ __ $0
9
3.5 Income of Other Adults in Household $,._0_ __ $0
IO
3.6 If the income of either party is disputed, state monthly income you believe is correct and explain below:
11
12
13 IV. AVAILABLE ASSETS
11 5.9 TOTAL HOUSEHOLD EXPENSES (The total of Paragraphs 5.1 thru 5.8) $ 3156
12 5.10 INSTALLMENT DEBTS INCLUDED IN PARAGRAPHS 5.1 THROUGH 5.8.
13
Description Month of
14 Creditor of Debt Balance Last Pavment
CIT! Mortgage mortgage $174 000 10/2005
15
16
17 5.11 OTHER DEBTS AND MONTHLY EXPENSES NOT INCLUDED IN PARAGRAPHS 5.1 THROUGH
18 5.8.
9
, Washington, on Oc...\ _ l'l'\IA '2005.
IO
11
12
AA~heril/ f_~
13
14 The following financial records are being provided to the other party and filed separately with the court:
26
27
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29
FINANCIAL DECLARATION NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE 106
WPF DR 01.0550 (4/93) LYNNWOOD WA 98036-6332
RCW 26.18.220 (I) (425) 672-3410
PAGE60F6 FAX (425) 744-0456
NSB-FISHER-10/18/0S
FILED
I Illlllll llllll Ill lllll lllll lllll lllll lllll lllll lllll llll llll 05 OCT 19 Pfl 4: 29
CL 11169210
P'.Hl L. D.H;it:LS
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Sl/OHDii/Sii CO.-l'i 1\ Sri.
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SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
·'Y-----------------l
3 ...
4 AMANA LK.M. FISHER
Petitioner,
NO. 05 3 0 27 56 0
5
and DECLARATION OF AMANA
6 FISHER IN SUPPORT OF
EX PARTE ORDERS
7
STE~IE J. SEYMOUR
0 8 Respondent.
::::0
-G) 9
I DECLARE THE FOLLOWING STATEMENT TO BE TRUE AND CORRECT SUBJECT
10
z:: 11
TO THE PENALTIES OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON.
):>
12
I I am Amana LK.M. Fisher, the husband of Stephanie J. Seymour and the father of our six year
13
old daughter, Samantha J. Fisher.
14
I come before the court at this time in order to protect the welfare and well-being of our
15
daughter, but hope to do so in a manner which will not cause more problems than it will prevent.
16
I have been a performer and entertainer in the past, but gave up my career shortly after our
17
daughter, Samantha, was born, both in order to provide for her primary care and to encourage, support
18
and make viable the career decisions of my wife, Stephanie, who was developing a well-positioned
19
career in quality control with Intermec Technologies, with whom she has continued to remain
20
employed, now earning between $90,000-$100,000 annually.
21
The nature of my wife's work requires her to often work late and/or attend meetings after
22
normal business hours, plus frequent work, even at home, evenings and weekends.
23
24
DECLARATION OF AMANA FISHER NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE 106
25 IN SUPPORT OF EX PARTE ORDERS
LYNNWOOD WA 98036-6332
WPF DR 09.0100 (7/93) (425) 672-3410
26 PAGE I FAX (425) 744-0456
27
NSB-FISHER-10/19/0S
ORIGINAL
Because of the way we planned our family structure, I have been wholly available to provide
2 both for the basic and fun needs for our daughter through my at home availability. (I have also been a
3 regular care-provider for Stephanie's other children who have often spent time in our home with us.)
4
Accompanying this declaration is a chart of Parenting Functions which I have filled out, and
5 which represents the percentages of many care functions as has been split between us during the
6 preceding year that the three of us resided together. Nearly all functions have been split not less than
7
70% father and 30% mother. I deeply care for and am concerned about the welfare and well-being of
8 our daughter more so now than has had to be a concern in the past. This is due to the apparent
9 disintegration of Stephanie's and my marriage, Stephanie's relapses in her Deferred Prosecution
10
program for her summer 2004 DUI, the service on me of an unwarranted Petition for Order of
11
Protection (which was dismissed by the court at a contested hearing) and Stephanie's recently having
12
left our six year old daughter alone at a bus stop before 8:00 a.m. for potentially one half of an hour -
13
shortly after her mother told me that Samantha was not feeling well. Due principally to this last
14
incident, which I must view as a last straw, I come before this court to seek orders which will ensure
15 the safety of my daughter pending a full hearing in this matter.
16
On September 9, 2005, Stephanie filed a Petition for Order for Protection in case number 05-2-
17
01150-3 in this county. A temporary order was issued, but as soon as I was served with the papers, on
18 September 12, 2005, I went immediately to Ex Parte myself to contest the false allegations and attempt
19
to dismiss the matter. The court could not dismiss the matter, but accelerated the hearing date from
20 September 23 to September 19. We both filed additional papers before and at the September 19•h
21
hearing, and the pro tern commissioner did not feel he was able to resolve the issues at that time, and
22 reissued the protection order for one week with the intent to have the matter fully and finally heard on
23
September 26, 2005. At the next hearing we both appeared with counsel who argued our positions to
24
DECLARATION OF AMANA FISHER NORMAN S. BESMAN
25 IN SUPPORT OF EX PARTE ORDERS 20016 CEDAR VALLEY ROAD, SUITE
106
LYNNWOOD WA 98036-6332
26 PAGE2 (425) 672-3410
NSB-FISHER-10/19105 FAX (425) 744-0456
27
1 Commissioner Waggoner, who considered all of the pleadings in the case, and dismissed the case. (I
2 have not copied all of those pleadings for this file, but ask this court to review those materials as well.
3 I do submit certain statements which confirm my role as Samantha's primary parent.)
4 I had been restrained from seeing my daughter needlessly between September 12 and
5 September 19, but during the additional week of continuance, the court placed Samantha with a family
6 friend, and granted both Stephanie and me time with our daughter as arranged with Ms. Hester, as to
7 whom we had both agreed could provide care for our daughter.
8 After the dismissal of orders on September 26, Stephanie and I, through counsel, reached an
9 agreement that we would, at least for then, alternate weeks of care for Samantha, with my first week to
10 begin that evening, with a return of Samantha to her mother on Sunday, October 2, and weeks to
11 alternate thereafter.
12 The first week while Samantha was wholly in my care was a wonderful week during which she
13 was more comfortable than I know she had been for the preceding weeks that she had been out of my
14 primary care for the first time in her life.
15 Things changed, however, when Samantha returned to her mother's care on Sunday, October 2,
16 including, but not limited to, her mother's dumping her at the school bus stop alone as described in the
17 Declaration of John Bosze. During the week she was back with her mother, her mother apparently
18 spent a substantial amount of time removing nearly all traces of me from our former family home, but
19 at the same time creating a dump-like atmosphere in it, which was never the way our home ever was
20 before.
21 I know the condition of the home because Stephanie, before our transfer of October 9, agreed to
22 let me reside in the home with Samantha for my week, which I had been urging her to let me in our
23 daughter's best interests. When I returned to the home for the first time in about a month, there were
24
DECLARATION OF AMANA FISHER NORMAN S. BESMAN
20016 CEDAR VALLEY ROAD, SUITE
25 IN SUPPORT OF EX PARTE ORDERS
106
LYNNWOOD WA 98036-6332
26 PAGE3 (425) 672-3410
NSB-FISHER-10/19/0~ FAX (425) 744-0456
27
I piles of things all over the house; there were dog feces smeared on hardwood floors of the house
2 (probably not intentionally done, but certainly not cleaned up in any fashion), there were at least two
3 jagged pieces of bent metal scattered around on pathways to the house, and emotionally speaking, the
4 effect of Stephanie removing most all of the evidence of my existence from the house was very
5 disturbing to me, and was certainly disturbing to our daughter as well. I cleaned up the house and left
6 it as it should be when I left on October 9•h.
7 During Stephanie's week I had become aware of the fact that Stephanie had had to be leaving
8 Samantha with other adults at least four of the evenings Samantha was to be in her care. This was
9 mostly due to work obligations of Stephanie, but at least one evening was also due to Stephanie's
JO treatment obligation on her deferred prosecution.
11 I did not become aware of the October 6 bus stop incident until October 12 when John Bosze
12 told me about it and wrote a statement for me. I tried to contact my attorney the next day, but he was in
13 the middle of preparation for a trial for October J41h, and said he would not be able to help me until the
14 following week. Given the complexity of the situation as a whole from the initial DV proceedings, I
15 felt it would be wisest to wait for Mr. Besman to be able to assist me, but I did speak with Stephanie
16 about the event. She acknowledged that it was very bad decision-making on her part, but essentially
17 something that her job responsibilities virtually demanded of her. She promised that it wouldn't
18 happen again, but I cannot feel confident that it won't. I have tried to get into court as soon as possible
19 this week, but the necessity of creating the full package of dissolution papers has taken time, as has the
20 fact that I am not my attorney's only client.
21 Given that it is Wednesday, and given that Samantha is aware of the days of the week and that
22 our transfers have been occurring on Sundays, it might be best for the care and residence restraints to
23 become effective on this Sunday evening October 23, at 6pm, to minimize stress to her. I ask,
24
DECLARATION OF AMANA FISHER NORMAN S. BESMAN
20016 CEDAR VALLEY ROAD, SUITE
25 IN SUPPORT OF EX PARTE ORDERS 106
LYNNWOOD WA 98036-6332
26 PAGE4 (425) 672-3410
NSB·FISHER-10/19/0.5 FAX (425) 744-0456
27
I however, that the orders remain in effect pending the next hearing date, which will be more than one
2 additional week away. At that hearing the court can more fully hear from both of us and have more full
3 information in support of my requests in this case.
4 Stephanie has also made two additional, but contrary indications to me that necessitate my
5 coming to this court. First, on one hand she has said she may not be willing to let me provide care for
6 Samantha in our house starting this Sunday, October 23ro, while on the other hand, she has said that she
7 wants to let go of the house because it is too much for her to handle. I neither want to be deprived of
8 being able to care for my daughter in her own house, nor want Stephanie to be able to attempt to
9 market or sell the house - I found a realtor's business card on the refrigerator. In the long term it is my
10 goal to have the home awarded to me and to live there with Samantha.
11 I also want the court to be aware that Stephanie was arrested for DUI in summer 2004 and
12 entered into a deferred prosecution program. She has apparently disclosed to her treatment provider
13 two incidents of relapse by her, and they have continued her in their program with an antabuse
14 prescription to be taken by her. The reality of her situation, however, is that she was in constant
15 relapse, including not only drinking, but also obtaining a second car which she drove without the
16 interlock device which was required in the car she normally drove. She additionally went off driving in
17 the new car after she had been drinking. All of these events led to an attempted intervention by her
18 family, but she refused to accept the inpatient treatment proposals that were being made by everyone.
19 She left driving the Hyundai without the interlock device. She apparently did talk to her treatment
20 providers the next day, which was to everyone's benefit. Her deferred prosecution is still in place, but I
21 see it as being fragile, and another source of unneeded stress and distraction for her.
22 For now, it is essential that the court adopt the requested restraints to place our daughter back
23 into the fulltime care of the parent who has been providing that fulltime care for her since birth, and out
24
DECLARATION OF AMANA FISHER NORMAN 5. BESMAN
25 IN SUPPORT OF EX PARTE ORDERS 20016 CEDAR VALLEY ROAD, SUITE
106
LYNNWOOD WA 98036-6332
26 PAGE 5 (425) 672-3410
NSB-FISHER-10/19/0S FAX (425) 744-0456
27
I
of the extended care of the significantly less-experienced parent who has shown that she cannot
2 successfully juggle her career and parenting at the same time - and who, before these events, had not
3 provided care for her daughter for more than five days at a time - and cannot seem to be able to do
4 even that now.
5
6
As to the other issues before the court for consideration at the next hearing, I need significant
7
financial support, including both child support and maintenance from Stephanie as can be seen from
8 the Financial Declaration which is being filed in this case. Stephanie earns sufficient income to be able
9 to assist in the support of her daughter and me.
10
We should each continue to use the vehicles we have been using, and I have no objection to
11
Stephanie taking with her her clothes, necessities and other personal effects when she vacates the home
12
on Sunday the 23rd - similarly, I would be glad to arrange for subsequent trips to the home by her to
13 obtain other items as may be needed by her in the short term.
14
15
What is most important is our daughter, and I ask this court to enter the orders necessary to
16
protect her both physically and psychologically, in her best interests.
17
18
19
Dated this £ d a y of October, 2005. ~-\" L.'( V\\l\\i\10~ 1 \JJ A·
20
21
22
23
24
DECLARATION OF AMANA FISHER NORMAN S. BESMAN
25 IN SUPPORT OF EX PARTE ORDERS 20016 CEDAR VALLEY ROAD. SUITE
106
LYNNWOOD WA 98036-6332
26 PAGE6 (425) 672-3410
NSB-FISHER-10/\9/0'.5
FAX (425) 744-0456
27
P .ARENTING FUNCTIONS LIST
(PARTIAL LIST)
On Thursday 10-06-05 I left my home at 19516 Winesap Lane at 7:55 am to go and catch
a ferry. While stopped at Winesap Road, Stephanie Seymour drove up to drop her
daughter Samantha at her bus stop. The bus doesn't pick her up until 8:25am. Stephanie
asked me if my granddaughter was with me. I told her she was not. She catches the same
bus as Samantha. Stephanie left Samantha at the bus stop and drove home. I left to catch
my ferry. My wife called me to let me know that I left my lunch at home so I turned
around to come back. I was surprised to see Samantha all alone sitting down curled up
against the stop sign post. She was still waiting for the bus to arrive. Stephanie was still
at her house. When my brother in law left the house to walk my granddaughter to the
same bus stop I felt relieved because I knew Samantha would no longer be alone.
John F. Bosze
(Next Door Neighbor)
VERIFICATION
I certify under penalty of perjwy under the laws of the State of Washington that I have read the above statements,
know their contents, and believe them to be true and correct.
ORIGINAL
• •
SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
NO. 05-2-01150-3
Stephanie Jane Seymour
Petitioner/Plain tiff(s),
DECLARATION OF:
VS.
My name is Michelle Hester and I have been the mandated foster parent for Samantha
Fisher for the week of September 19, 2005 to September 26, 2005.
The allegations towards Amana Fisher are perposterous and have no legitimate backing.
Stephanie and Amana are obviously having problems but it should not hinder Samantha from
having her normal routine.
Please, for the best interest of the child, put Samantha back in her home with her
primary caregiver.
Sincerely,
Michelle Hester
(425)742-1199
VERIFICATION
I certify under penalty of perjlll')' under the laws of the State of Washington that I have read the above statements,
know their contents, and believe them to be true and correct.
oncJ&Stltwi mvei!10Xk:
• .~
FILED
' ..
.,..
OS SEP I 4 PM 3: 42
DECLARATION OF:
vs.
My name is Melody Potts and I have been a friend of Amana Fisher's for approximately
six years. We first met when we joined a baby sitting co-op together. Amana has a reputation
for entertaining children with balloon animals and singing while playing his guitar. I had just
made the comment to him a couple of days ago-, what a patient and kind father he is. He has
always displayed the utmost consideration for his children's feelings and taken the time to
explain things in a patient and appropriate way while disciplining them, getting down to their
level and speaking to them with respect. I am a mother of three and have gone with Amana and
Samantha on many play dates, to parks, the zoo, aquarium and at his house or my own and spent
sometimes five to six hours at a time with him. I have always been so impressed with the way
that he handles th~ children, both as an authority figure and an entertainer.
Amana has always spoken about his wife, Stephanie, with love and respect, obviously
very much in love with her. However, in recent months he has expressed a great concern for
Stephanie's alcohol consumption and dependency on prescription pain killers. I have never seen
him raise his voice or his ha,'1.d to anyone in the six years that I've known him. I trust him
implicitly, to watch after my children and would, and have, called on him to baby sit for me
many times. I have no extended family in the area and so have even listed Amana as an
emergency contact for my children, at their schools.
It angers me that Stephanie would wait until Samantha was finally in full-time elementary
school before kicking Amana to the curb, no longer needing him as full-time care giver. If this
were a stay-at-home mom in the same situation, would she be kicked out of her own home, kept
away from her child, unemployed and homeless? This is a travesty of justice being done to an
excellent stay-at-home dad.
Sincerely,
Melody Potts
VERIFICATION
I certify under penalty of perjury under the laws of the State of Washington that I have read the above statements, know
their contents, and believe them to be true and correct.
DECLARATION OF:
vs.
This declaration is in regards to Amana Fisher. We have known Amana through our children who go to
school at Crystal Springs Elementary. We met Amana last year when Samantha Fisher and Sierra Ralph
attended kindergarten together. He was always to be seen on school grounds, either dropping off
Samantha to school or participating at school, entertaining children at events. During the summer break,
our children spent allot of time together, and either Amana would drop Samantha off here at our house or
we would drop Sierra off with Amana. In the time we have known Amana Fisher, he has been the primary
caretaker of Samantha Fisher and has always been the parent to agree to watch our child at his house.
At no time have we ever felt that our child was in any danger or would be harmed while in the care of
Amana Fisher. And at no time have we ever heard from Samantha Fisher, in regards to any type of
abuse, physical or emotional. Samantha only shows allot of love from and towards her father.
I believe that Amana Fisher is a loving and nurturing father and a positive influence in Samantha Fisher's
life. To remove Amana from Samantha's daily routine would be detrimental.
Thank You,
Michelle Hester
VERIFICATiON
I certify under penalty of perjury under the laws of the State of Washington that I have read the above statements, know
their contents, and believe them to be true and correct.
Signed in
_.. "; . ' " .
:.'..:C '
FILED
OS SEP 14 PH 3: 4z
p Ali l. D.~NIELS
COUNT 'r CLERK
SNOHOMISH CO. \;',~SH
DECLARATION OF:
VS.
I have known Amana Fisher for two years. I met him and his daughter Samantha through Crysta!
Springs Cooperative Preschool and soon discovered that we also lived close to one another. I
know him as a neighbor, a fellow parent, and a good friend.
Speaking on behalf of Amana's character I can tell you he is caring and compassionate and a
wonderful father. Knowing him as a neighbor, he is connected, concerned, and a vibrant part of
our community. As a personal friend, I know Amana as the epitome of non-violence and it is
literally incomprehensible to me that anyone would ever need a protection order from him. As a
parent, I can attest to the fact that Amana is Samantha's primary caregiver. We have only ever
known Amana as the present parent in Samantha's life. My children and Samantha play together
on a regular basis and in all of our times v.ith her and Amana we have only met Stephanie once
briefly.
Samantha is a smart, well-adjusted, caring little girl. Amana has done a wonderful job raising
her; it would be a tragedy to have her be without the safety of her father and primary care giver.
Please consider her best interest and know that Amana is and always has been the caring, loving,
safe parent for Samantha to be with.
VERIFICATION
I certify under penalty of perjury under the laws of the State of Washington that I have read the above statements, know
their contents, and believe them to be nue and correct.
I
FIL_ED
05 OCT 19 PM 4: 2q
Pt1~i L. D•\HiELS
coutn ., CLERK
SHOHOMISH CO. ~I f\SH.
FAIL URE TO APPEAR MAY RESULT IN A TEMPORARY ORDER BEING ENTERED BY THE
COURT THAT GRANTS THE RELIEF REQUESTED IN THE MOTION WTIHOUT FURTHER
NOTICE.
IL BASIS
A motion for a temporary restraining order without written or oral notice to the [ ] husband [ ] wife or that
11
party's lawyer has been made to this court.
III. FINDINGS
The court adopts paragraphs 2.1, 2.2, and 2.4 of the Motion/Declaration for an Ex Parte Restraining Order
and for an Order to Show Cause (Form WPF DR 04.0150) as its findings, except as follows:
IV. ORDER
It is ORDERED that:
(] CLERK'S ACTION. Tire clerk ofd1e court shall fbrward a copy ofdtis order, on or
before die next judicial day, to [name
of the appropriate law enforcement agency] which shall enter this order into any
computer-based criminal intelligence system available in this state used by law
enforcement agencies to list outstanding warrants. (A Jaw enforcement information
sheet must be completed by the party or the party's attorney and provided with
this order before this order will be entered into the law enforcement computer
system.)
•
4.2 'OTHER RESTRAINING ORDERS.
The rn.,husband [)}wife is restrained and enjoined from transferring, removing,
encumbering, concealing or in any way disposing of any property except in the usual
course of business or for the necessities oflife and requiring each party to notify the other
of any extraordinary expenditures made after the order is issued.
The ~husband f4 wife is restrained and enjoined from removing any of the children from
the state of Washington. ~~\ c~ 0~ e;.o; l\.":>.._.LUl2.14 <!&,~.
The [Ji.husband J<,l. wife'is restrained and enjoined from assigning, transferring, borrowing,
lapsing, surrendering or changing entitlement of any insurance policies of either or both
parties whether medical, health, life or auto insurance.
[li--~~~~:,;~~~-~~~~~'.'.:~~-~~~~~~~iireas~id~eiun~ti~lth::e'-~~t
hearing)
[7'J, Other:
~
~l\k.~ "t ft .
4.3 SURRENDER OF DEADLY WEAPONS.
0
The court finds that irreparable injury could result if an order is not issued until the time
for response has elapsed. (See RCW 26.09.060(2)(b).)
4.4 EXPIRATION DATE.
This order shall expire on the hearing date set forth above or 14 days from the date of issuance,
whichever is sooner, unless otherwise extended by the court.
4.5 WAIVER OF BOND.
l,)q_ Does not apply.
[] The filing of a bond or the posting of security is waived.
Presented by:
~~'<-->OS-
t, p,_ .., ~ 0
Qf ftrt> 11-Ld ~ t" JI.\.,:
I\"" ~
~·fVV=~
Signature
•
ccu+:~ ~"\'-\~ <S£_ ~'\ ~\\<Sk\
~b~2
JUDGE I COURT COMMISSIONER
Copy Received:
Mil pa~c 2 of 2
,
r.:: ~ t~ ~ ~
2005 OCT 21 PM 3: 17
. i L. DANIELS
~CJUHTY CLERK
::JWHOMISH CO. WASH.
15
16
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RETURN OF SERVICE NORMAN S. BESMAN
20016 CEDAR VALLEY ROAD, SUITE 106
WPF DR 01.0250 (7/93) LYNNWOOD WA 98036-6332
CR 4(G); RCW 4.28.080(14) (425) 672-3410
PAGE20F2 FAX (425) 744-0456
NSB-FISHER-I0/2Ml5
....--------------------------- -- -----------
/.
,, • •
© FILED
- ©~ OCT 19 2005
'f1~.:M
~ __t{f~
L. DAN!ELS
SUPERIOR COURT OF WASHINGTON ~HOMISH COUNiY CLERK
FOR SNOHOMISH COUNTY EX· OfFICIO CLERK OF COURT
~-~v--------------1
3
4 In Re the Marriage of:
5 AMANA I.K.M. FISHER NO. 05
6 Petitioner,
and SUMMONS
7 (SM)
STEPANIE J. SEYMOUR
8
Respondent.
9
10
TO THE RESPONDENT: Stephanie J. Seymour
II
12
I. The petitioner has started an action in the above court requesting:
13
14 that your marriage be dissolved.
15
16 Additional requests, if any, are stated in the petition, a copy of which is attached to this
summons.
17
18 2. You must respond to this summons and petition by serving a copy of your written
response on the person signing this summons and by filing the original with the clerk of the
19 court. If you do not serve your written response within 20 days (or 60 days if you are served
20 outside of the State of Washington) after the date this summons was served on you, exclusive of
the day of service, the court may enter an order of default against you, and the court may, without
21 further notice to you, enter a decree and approve or provide for the relief requested in the
22 petition. In the case of a dissolution of marriage, the court will not enter the final decree until at
least 90 days after filing and.service. If you serve a notice of appearance on the undersigned
23 person, you are entitled to notice before an order of default or a decree may be entered.
24
SUMMONS NORMAN S. BESMAN
25 WPF DR 01.0200 (7/93) 20016 CEDAR VALLEY ROAD, SUITE 106
CR4.I LYNNWOOD WA 98036-6332
26 PAGE I OF2
(425) 672-3410
FAX (425) 744--0456
NSB-FISHER-10/18/05
27
..
• •
1 3. Your written response to the summons and petition must be on form WPF DR 01.0300,
2 Response to Petition (Domestic Relations). This form may be obtained by contacting the clerk of
the court at the address below, or by contacting the Office of the Administrator for the Courts at
3 (360) 705-5328.
4
4. lfthis action has not been filed with the court, you may demand that the petitioner file
5 this action with the court. If you do so, the demand must be in writing and must be served upon
6 the person signing this summons. Within 14 days after you serve the demand, the petitioner must
file this action with the court, or the service on you of this summons and petition will be void.
7
8 5. If you wish to seek the advice of an attorney in this matter, you should do so promptly so
that your written response, if any, may be served on time.
9
10 6. One method of serving a copy of your response on the petitioner is to send it by certified
mail with return receipt requested.
11
12 This summons is issued pursuant to Superior Court Civil Rule 4.1 of the State of Washington.
13
14 Dated: _(_D_•_\C\_.O'S:::,
___
NORMANS. BESMAN, WSBA #12585
15 Attorney for Petitioner
16
17 FILE ORIGINAL OF YOUR RESPONSE SERVE A COPY OF YOUR RESPONSE
18 WITH THE CLERK OF THE COURT AT: ATTORNEY FOR PETITIONER:
23
24
25
26
27
28
29
SUMMONS NORMANS. BESMAN
WPF DR 01.0200 (7/93) 200!6CEDAR VALLEY ROAD, SUITE !06
LYNNWOOD WA 98036-6332
CR4.l
(425) 672-3410
PAGE20F2 FAX (425) 744-0456
NSB-FISHER-10/IM:IS
7.11050CT 24 PH 4: 13
Illlllll llllll Ill lllll llllllllll lllll lllll lllll lllll llll llll
CL11190788
ct\h L. DANIE~S
COUHTY CLERr\
SNOHOMISH CO. I/ASH.
3
4 AMANA l.K.M. FISHER NO. 05-3-02756-0
Petitioner,
5
and NOTICE OF UNAVAILABILITY
6
STEPHANIE J. SEYMOUR
7
Respondent.
8
~5 25, 2005, as he will be out of the office during that time. Opposing counsel/party's courtesy in
116 scheduling no matters to be heard before December 6, 2005, would be appreciated.
17
18
DATED:
-~~-----~
~Q · z_(,, ()S
19
20
NORMANS. BESMAN, WSBA #12585
21 Attorney for Petitioner
22
23
24
25 NOTICE OF UNAVAILABILITY NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE I06
PAGE I OF I
NSB-RSHER-IM.llO!i LYNNWOOD WA 98036-6332
26 (425) 672-34!0
FAX (425) 744-0456
27
. .
1 F\LED
"
2 71105 OC1 28 PM 2: o3
U!l1je1 per1;.i1y ot perjury undc1 the law& of It.·· ?i\11 L. OAHIELS
State of W~•hington, I ce1llfy that a true ,op_ COUHT'f CLERK
at this document "'" mailed from Everett, SHOHOMISH CO. WASH.
Washlntr on _ -le:>·~ - ''
------ OC~-~J'.ad-----·
- .
~
15
Under penalty of perjury under the laws of the State of Washington, the
16
undersigned declares the following is true and correct.
17
18
1. Amana's Career History: Amana has not worked a regular
19
job since he was 16 years old. Over the years he has performed musician,
20
juggler, magician, etc. "under the table" for minimal income, usually
21
unreported to the IRS. To the best of my knowledge, Amana never filed an
22
income tax statement until we began filing jointly as a married couple.
23
Amana's last legitimate employment engagement was in 1972. See
24
Social Security Documents filed herewith.
25
26
27 Thomas Kruse
DECLARATION OF S. SEYMOUR Atcorney at La\\'
28 PAGE I 3014 Hoyt Avenue ~
np,·,.,;·, ,'1 i
• . •· I •
Everect, \VA 98201
(425) 258-6155 • fax (425) JSS-9999 \~
Arnana claims to have given up his "career" to raise our daughter
2 Samantha. The truth is that he never had a viable career to give up and has
3 spent his life going from relationship to relationship dependent on his
4 partners.
5
support a child financially? I'm not saying that his lack of ability or desire to
2 support himself or to provide income with which he could support Samantha
3 is the most important factor, but if Amana has custody of Samantha she will
4 be living with someone who has never worked and earned a living on his own
5 in well over 15 years. He will not be able to keep a roof over her head unless
6 he changes the lifestyle that he's lived ever since I've known him. He and my
7 daughter will end up moving from place to place, residence to residence. She
8 will end up with a custodial parent who will be required to work weekends
9 and nights because he has an insufficient education or desire to get a full time
10 steady job. Even with my child support he will not be able to properly
11 provide for her. I hope that the court will recognize that in addition to
12 recognizing the fact that I have very strong bonds with my daughter and
13 have been an equal caretaker in the past and have no drug problems that
14 would be of great concern to the court. I may be the only parent who can
15 support her financially.
16 2. Stephanie's Career History: I am a successful Engineering
17 Manager at Intermec Technologies Corporation. I have flexible hours and
18 have no problem working from home in order to accommodate the children's
19 schedules. I have demonstrated this ability during our separation period
20 starting on September 12, 2005.
21 I will submit with the financial source docwnents my most recent
22 paystub for the period ending I 0/7105. As of 10/7105 I had a net pay of
23 $53,277 divided by 9.25 months equals an average net monthly pay of $5,759.
24 3. Parenting Functions: Although Amana has not worked, the
25 parental responsibilities with respect to Samantha have been split 50 - 50.
26 4. Who Should be Samantha's (age 6) Caretaker in the Future?
27 Thomas Kruse
Anorney at Law
DECLARATION OF S. SEYMOUR 3014 Hoyt Avenue
28 PAGE 3 E\--erect, \VA 98201
(425) 258-0155 • Fox (425) 388-9999
I understand that one of the factors the court is required to look as is who has
2 been Samantha's caretaker in the past. As I stated, although Amana has not
3 worked, I have little doubt that I have taken care of Samantha at least 50% of
4 the time. I have been the one to take her to extra curricular activities and
s school activities. I frequently take her to the doctor or dentist. Although I
6 work, when I come home and on the weekends I do more than 50% of the
7 household cleaning, cooking, and shopping for the entire household. That
8 has always been one of my responsibilities. I don't believe that I have taken
9 on and done these responsibilities for Samantha and Amana as well as myself
JO simply because I am a woman (although that may be part of it) I have two
11 children living with us that are not Amana's children . I believe that Amana
12 has a lot of outside interests, although he does not work. I also believe that
13 the fact that he smokes marijuana on a regular basis every day effects his
14 ability and his desire to take care of these household tasks and other tasks
Is related to Samantha himself on his own. Amana smokes marijuana and then
16 wants to do more creative things that do not involve driving, contact with
17 other people or taking responsibility for household tasks.
18 5. This is one of the reasons that I think I have been Samantha's
19 primary caretaker in the past and should continue to be her primary caretaker
20 in the future.
21 I would ask the court to confirm what I am saying by having
22 Amana do a hair follicle test that I would pay for and get a drug
23 evaluation and do random UA's for 6 months. Although he may be able
24 to quit for a short period of time, in the long term and especially when
25 he's no longer under the microscope of the court, he will go back to
26 smoking marijuana and doing other drugs on a daily basis just as he has
27 Thomas Kruse
Attorney at [.a,~·
DECLARATION OF S. SEYMOUR 3014 Hoyt Avenue
28 PAGE 4 Evercn, \VA 98201
(425) 258-6155 • Fox (425) 388-9999
ever since I have known him. I work for a company that requires drug
2 testing. I will be happy to take these same tests if he makes similar allegations
3 against me.
4 6. Bus Stop Incident: On October 19, 2005, Amana Fisher filed an
5 Ex-Parte Order asking the court to grant Mr. Fisher temporary full custody of
6 Samantha, possession of the family home owned solely by myself, and
7 significant financial support from me. The motion was based on a single "bus
8 stop" incident where Mr. Fisher claims to have knowledge of me leaving
9 Samantha unsupervised at the bus stop in the morning for an extended period
10 of time. This is absolutely untrue and a lame attempt to discredit me as a
11 responsible parent Samantha and I were the first ones to the bus stop that
12 morning as she wanted to be the first one in line. Other kids and parents were
13 arriving at the bus stop as I returned I block to our home to retrieve a phone
14 number for a business conference call. Samantha was alone for a couple of
15 minutes max and in no way was in any danger whatsoever. Mr. Bozse and I
16 have had a conversation about this incident and he admits to being coerced
17 into making a statement for Amana. Amana told Mr. Bozse he would not use
18 his statement against me in court. Of course he did. Mr. Bozse is an older
19 gentleman who is very fond of Amana and easily manipulated.
20
21 Over the years, all our children have been left from time to time
22 alone at a bus stop either in the morning or the afternoon briefly. Never
23 bas this been an issue until Mr. Fisher saw this opportunity to attempt to
24 discredit me as a parent in an act of desperation.
25
26
27 Thomas Kruse
Attorney at Law
DECLARATION OF S. SEYMOUR -3014 Hoyt Avenue
28 PAGE 5 Everett, \VA 98201
14251 258<>155 • Fax 14251 388-9999
7. Stephanie's Treatment: I have been in treatment at Crosby
2 Recovery Center motivated by a DUI in July 2004. Since then, I have re-
3 adjusted my treatment plan with the help of my counselor. I am currently
4 very stable in my recovery. In order to make this very evident to the court and
5 all those concerned, I have voluntarily put myself on a monitored antabuse
6 program so there be no doubt as to the status of my recovery.
7
14 Although the court sided with Mr. Fisher on this issue, the fact
15 remains that Mr. Fisher did indeed assault me on these occasions and
16 multiple other occasions. He also has a very profound problem with
17 mental and verbal abuse that he habitually perpetrates against myself
18 and our children.
19
18
19
20
21
22
23
24
25
26
27 Thomas Kruse
DECLARATION OF S. SEYMOUR Auorney at La"·
28 PAGE 9 3014 Hoyt Avenue
E\-erctt, \VA 98201
1425) 258-6155 • Fax (425) 388-9999
FILED
= Ztl05 OCT 28 PM 2: 03
r'AM L. DANIELS
COUNTY CLERK
__.nder pn• .. 11, o! IJtlljury unci:.1 the laws of It:~
~tale of W~>hinglon, I rnlily that a true co~
SNOHOMISH CO. WASH.
ot this dotument ..,., "'ailerl trom Everett,
Wasllin~r on ·~·<!>-'
. C><_Wl_I /-{• ~-
from approximately September 2002- June 2003. During this period of time, Amana
Fisher's drug and alcohol use became an issue with the school as he showed up at the co-
was given a verbal warning at some point by the director of the school.
unwilling to let their children be supervised by Amana Fisher because of his obvious use
Thomas Kruse
Attorney at La"·
r:.
( J~ r\
1
;
1
r· f I 1 r,
l" , I • /-\
L 3014 Hoyt Avenue
Everett, \VA 98201
(425) 25$<;155 • Fax (425) 388-9999
·-
I have become increasingly aware of the escalation of Amana's chronic drug and alcohol
use problems. On many occasions I have come home from work to find the children
unsupervised and Amana in some state of drug and alcohol consumption in the hot tub.
Often he would stay in the hot tub drinking and smoking marijuana all evening while I
cared for the children - preparing dinner, helping with homework, bathing, putting to
bed, etc. Amana was "ready for a break" by the time I got home. This is a pattern for
him.
During the past year, my eldest son was diagnosed with late stage testicular cancer. Due
to his illness, I found myself coming home from work often unannounced during
different times of the day. On more than one occasion, I came home in the middle of the
Up to this date, Amana Fisher is unwilling or unable to admit or address his chronic
Before making any decisions regarding the care of Samantha, I request that the court
VERIFICATION
I, Stephanie Seymour, certify under penalty of perjury under the laws of the State of
Washington that I have read the above statements, know of their contents, and believe
them to be true and corr
15 COMES NOW the respondent, by and through her attorney, to attach the
16 following:
17 I. Both parties' Social Security Statements verifying their work
18 history and earnings over the last 30 years or so.
19 2. Declaration of John Bosze.
20 3. Declaration of Sheila Desranleau
21 4. Declaration of Emily Hunter
22
26
27 Thomas Kruse
28
(' I' I ,._.... '
\,,#; I \ : (_; ; 5 '~
. ' .
I .\
I L Attorney at Law
3014 Hoyt Avenue
Everett, \VA 98201
14251 25&<;155 • Fax 14251388-9999
. Prevent ldentif\Y theft potect your Sodal Secmll\Y number
el 091202E 23A17286
· 11111111111111111111111111111111111
~~YO!IL_f:st~.m~!~~ .~!!~.f.its .• - ..
To qualify for benefits, you earn "credits" through your We can't provide.your actual benefit amount until you
work- up to four each year. This~. for example, you apply for benefits. And that 81!--••I Dllll' differ from the -~
earn one credit for each $870 of wages or self~mployment "•'w'!' ._. belaw be w.
income. When you've earned $3,480, you've earned your (1) Your earnings may increase or decrease over the years.
four credits for the year. Most people need 40 credits, (2) Your benefit figures shown here are only estimates
earned over their working lifetime, to receive retirement based on current law. The laws governing benefit amounts
benefits. Young people need fewer credits to be eligible for may change because, by 2041, the payroll taxes collected
disability and survivors benefits. will be enough to pay only about 73 percent of
We checked your records to see whether you have earned benefits owed.
enough credits to qualify for benefits. If you haven't (3) Factors such as a penslcm for tR>dr not cowred by
earned enough yet to qualify for any type of benefits, we SocJal SecwJt,y, 110me mllilar,)1 aerric:e or credit for
can't give you an estimate now. If you continue to work, railroad empluyment may affect your benefit amount
we'll give you an estimate when you do qualify. Generally, estimates for older workers are more accurate
What - " " If you have enough work credits, we than those for younger workers because they're based on a
estimated your benefit amount using your average ·
earnings over your working lifetime. For 2002 (and your longer earnings history with fewer uncertainties such as
earnings up to retirement), we assumed you'll continue to earnings fluctuations and future law changes.
work and make about the same in future years as you did These estimates are in today's dollars. As you receive
in 2000 and 2001. We also included credits we assumed benefits, they will be adjusted for cost-of-living increases.
you earned last year"and this year.
"' Retirement To get retirement benefits, you need 40 credits of work. Your record shows you have at least 10
credits at this time, including assumed credits for last year and this year if you continue to work.
I
( .·
"' Disability To get benefits if you become disabled right now, you need 24 credits of work. Your record shows
you have at least 10 credits at this time.
"' Family If you get retirement or disability benefits, your spouse and children may also qualify for benefits.
"' Survivors For your family to get survivor benefits if you die this year, you must have 24 credits of work. Your
record shows you have at least 10 credits at this time.
"' Medicare To get Medicare benefits at age 65, you need the same number of work credits that you need for
retirement benefits (shown above). You do not have enough credits to qualify at this time.
We based your benefit estlmatea on theae facts:
----------'-,
··. -.-.,-.,.--------2--
... _,
.T Help Us K~ep Your Earnings Record Accurate
You, your employer and Social Security share when your Statement was prepared. Your complete
responsibility for the accuracy of your earnings record. earnings for last year will be shown on next year's
Since you began working, we recorded your reported Statement. Note: If you worked for more thafl
earnings under your name and Social Security number. one employer during any year, or if you had both
We have updated your record each time your employer (or earnings and self-employment income, we combined
you, if you're self-employed) reported your earnings. your earnings for the year.
Remember, it's your earnings, not the amount of taxes
you paid or the number of credits you've earned, that 'lbere'9 a limit Oil the ~of eaminp OD wbkh
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~~~~~~~~~~~~~~~~3
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•
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F-onn~ss.""'"•-~7~00~5~-S~~~-S~l~IO~i-~2~00~5-l~-------------4
•
vs. JOHNBOSZE
Amana I K Merritt Fisher
Respondent/Defendant
• On October 12, 2005 I signed a statement regarding Samantha Fisher being left alone at
the bus stop. I would like to amend that statement to clarify that Samantha was at the bus
stop alone for no longer than two and one lla/fminutes (2 min, 30 sec).
John F .. Bosze :
(Next Door Neighbor)
VERIFICATION
I, John F. Bose, certify under penalty of perjury under the laws of the State of
Washington that I have read the above statements, know of their contents, and believe
them to be true and correct.
• TOM KRUSE
1014 Hoyt Ave.
llvorett, WA ss201
IN THE SUPERIOR COURT OF TIIB STATE OF WASHINGTON
Petitioner,
Respondent
I declare under penalty of perjury and under the laws of the United States
and the State of Washington that the following Declaration is true and correct, and
that I have signed this Declaration in Seattle, Washington, on the date set forth
below.
Most recently her son Jamison was diagnosed with advariced testicular
cancer. I have watched Stefanie fly into action researching treatment modality and
finding the very best experts in the field to treat her son. She has shouldered
chemotherapy, hospital admissions, surgeries and more without the support of her
husband as he has been very vocal about his belief that all can be prevented and
cured with the right nutrition. He was against the treatment that Stephanie and
Maureen chose for their son. Amana is opinionated and controlling. Stephanie's
coping mechanism was to drink.
I submit this to support Stephanie in her request for custody of her daughter,
Samantha. I have seen her progress in her quest for sobriety since her family's
intervention. She is taking her therapy seriously and I support her fully in her
recovery.
I would also promote supervised visitation for Amana as I will support his
relationship with his daughter. With all the trauma that Stephanie's children have
endured recently, I believe that by far the best secure environment for Samantha is
with her mother.
Petitioner,
AMANA M. FISHER,
Res ondent
I declare under penalty of perjury and under the laws of the United States
and the State of Washington that the following Declaration is true and, correct, and
that I have signed this Declaration in Seattle, Washington, on the date set forth
below.
I do not exactly remember the actual date but one evening Amana Fisher
and I were drinking a few beers out in his shed, a little while later their daughter
Samantha came out and was visiting. While Samantha was out there visiting, she
was standing there with her legs slightly spread apart playing with her vagina. So I
..
asked Samantha if she ·had to go to the bathroom. Samantha replied no she did not
have to go to the bathroom; she just liked the way it feels to touch herself (vaginal
area).
Thinking that this is not normal, for a father to be educating their five year
old daughter, I said something to a mutual family friend. Amana Fisher being a
very charming and charismatic person made them think nothing of it. This has
been disturbing me for the last year, and this is why I felt compelled to right this
deposition. No child that young should be learning to sexually explore their own
body. Also Sammy is a female and has an attentive mother to teach her about
becoming a young lady. Every time I've visited the house Stephanie was usually
in the house with the children while Amana is out in the shed drinking with me. I
believe Stephanie is a very good and attentive parent. She is also the family's soul
financial bearer and I believe she balances her time between them very well. Any
time that Stephanie goes out to friends Sammy's always been with her. Stephanie
is a very caring individual, she even talks to me about going back to school and
helping me in every way she can to do it. She believes in people. If she is willing
to help so many friends out, imagine where she will lead her daughter.
NO. 05-3-02756-0
MEMORANDUM OF
ATTACHMENT
15 COMES NOW the respondent, by and through her attorney, to attach the
16 following:
17 I. Evidence of full compliance by respondent oftheCrosby Recovery
18 Center and client's Antabuse Log.
19
23
24
25
26
27 Thomas Kruse
Attorney at Law
28 3014 Hoyt Avenue
Case#-
Treatm~e date: 09/15/2004
RE STEPHANIE J. SEYMOUR Treatment program: DEFERRED PROSECUTION
Date of Birth 12/07/1962 Expected completion: 09/15/2006
PROHIBITION ON DISCLOSURE
This information has been disclosed to you from records whose confidentiality
is protected by law. Federal regulations (42 CFR, Part 2) prohibit you from
making any further disclosure of it without the specific written consent of
the person to whom it pertains, or is otherwise permitted by such regulations.
A general authorization for the release of medical or other information is not
sufficient for this purpose.
CLIENT'S ANTABUSE LOG
Client: g~ ~
Type of Medication: ~-+zt_ G(.,V'l.-L - L-(2 ,//_j 14,i_cup
~ ( fd/
Period: ~ Start Date: Ending Date: _ _
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CL11209122 COUNf ANJ[LS
SNOHONtsri foL[RI(
· l'IASH.
-
SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
2
3
4 AMANA FISHER NO. 05-3-02756-0
Petitioner,
5
and DECLARATIONS IN SUPPORT
6 OF AMANA FISHER
STEPHANIE SEYMOUR
7
Respondent. (DCLR)
0 8
::::0
-CJ) 9
- 10
z: 11
)>
r--- 12
13
14
15
16
17
18
19
20
21
22
23
24
25 DECLARATIONS IN SUPPORT OF AMANA FISHER NORMANS. BESMAN
20016 CEDAR VALLEY RD #106
NSB-FISHER-1111/0S LYNNWOOD WA 98036-6332
26 425.672.3410
DECLARATION OF:
VS.
I met Amana and Samantha at Crystal Springs Co-op Pre School. My daughter Lillian went
there. Our children played together often and we got to know Amana and Samantha quite well.
We created play dates including taking turns watching each other's children. We also included
my other two daughters Shasta 12 and Madison I 0. There was an incident with the mothers and
teacher at the preschool that made me feel that Amana was treated unfairly. It looked as though
he was singled out for being the only father who was at the school on a weekly basis
participating in the school activities. Instead of speaking to Amana they talked amongst each
other without asking him directly about the situation. This left it open to anyone's imagination
or interpretation of what the event really was. The school was very unprofessional and I let the
staff know. After speaking to Amana about what happened and talking to the teacher about the
situation, I concluded that it would be in the best interest of my child and myself to remove her
from that school. I have not had any problems with Amana before or after this incident and
would trust my children with him anytime.
Thank you.
Shannon E. Hagge
VERIFICATION
I certify under penalty ofperjwy under the laws of the State of Was ·
know their contents, and believe them to be true and correct.
DECLARATION OF:
vs.
I have known Amana Fisher for three years. We met at Crystal Springs Cooperative Preschool
where our children were in class together. For two of the years at Crystal Springs, Amana and I
both worked on the same day once a week for approximately three hours. During this time, I
got to observe Amana with the children and other parents at Crystal Springs.
At no time during these two years did I suspect that he could be under the influence of drugs or
alcohol. Amana always participated in the group activities, was understanding and helpful with
the children, and followed through on his responsibilities on any given day (such as providing
snack). In fact, Amana went above and beyond the preschool's requirements by bringing his
guitar each week and helping lead songs and musical activities during "circle time."
I am aware that there were allegations that Amana was observed with liquor on his breath at one
or more of the evening parent seminars (but not during his work day). I was present at these
seminars but did not interact with him and therefore have no ability to judge the accuracy of
these allegations.
Sincerely,
Laura Follis
VERIFICATION
I certify under penalty of perjwy under the laws of the State of Washington that I have read the above statements,
know their contents, and believe them to be true and correct.
COVERSHEET
Page 1 of 2 pages
Date:October31,2005
S~\~ ~tt:,'CPA
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l\( I (OS • g~ ~.
11/02/2005 03:16 4254869005 ICAJOURNEYS PAGE 02
~
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To whom it may concern: 11
I
I was Invited by Amana Fisher to consider writing a lerter attestlnt/ to informatioJl
have regarding his care of children and/or his daughter, Samantlv.1 Fil r, at Crystal fl
Springs Co-op Preschool for the purposes ofpreliminary custody ilec1"r; · ns regarding ii
Samantha. Below is my voluntary statement. i!
i!f
I worked with Amana Fisher and Crystal Spring.v Co-op Preschoo(jor o years (200}
2004). His daughter, Samantha Fisher, and my son were In the smrie pr chool class. »i
a cooperative preschool each parent must have trust that all pareMs pa 'cipating at t~e
school are competent and supportive caregivers and can contribwe to t school inorlVer
to provide a positive and.fan learning environment. Amano worked 011 t same day aiii,, I
did which means we were assigned to be at the school on a particular andbe ·'i
working with the kids and other parents at the ,vchool to provide c11re a positive p4tzy
emrironment for the kids. "
I had many opportunities to see how Amana inJeracted with other pare ts and childr~
al the school. He was a very engaged caregiver, He often would slwe ·s music in cl~s
and was a natural at knowing whot was fan for kids. During the dizy at e co-op ,
preschoo~ half nfthe parents on a given day attended a parent sf!1ni111,11' hile the oth~
halfwould provide supervision outside with the children. Amana trnd J ere in dijferej;t
groups during those times, so when I was in parent educarion claues A ana was one (vf
a few parents supervising children during outside play. Amana wi!.I· rtts nsible and ;;
competent and also knew how to capture the kidv' interest. I alw~/sft1lt onjidenr thatfithe
children were well cared for during my parent education sessions and other time jrt
the preschool. Amana wa.v a competent, respon..vible and caring W.Jrlc#r ing his ti,,,Ji
there. ,
I declare under penalry ofperjury under the laws of the State of Washi
foregoing statement is true and correct to the best of my knowledre.
• Page2
;.
..
1 FILED
2
Zll05 NOV -2 PM I: 44
rAM L. DANIELS
COUNTY CLERK
:SNOHOMISH CO. WASH.
15 Under penalty of perjury under the laws of the State of Washington, the
16 undersigned declares the attached is true and correct.
17
18 Dated: November 2, 2005.
19
20
21
22
23
24
25
26
27 Thomas Kruse
Attorney at Law
Seymour, Stephanie
I DECLARE THE FOLLOWING TO BE TRUE AND CORRECT, SUBJECT TO THE PENEL TIES
OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON
I find myself in a position of having to defend myself against ludicrous accusations leveled at me by my
husband Amana Fisher. It is my intention to c!:irify the situation so that the court may render a decision
in the best interest of my daughter, Samantha Fisher
Much has been-made about my alcoholism and use of prescription medications. The truth is that I am an
alcoholic and I am in recovery. I was helped along in my process because of a single incident in the
summer of2004 where I was charged with a DUI, I have since been in a treatment program. During that
time, I realized. that in order to be successful in a lifetime of sobriety, I would not be able to do that
inside a relationship with a practicing alcoholic and drug addict. Before separating from Amana, I had
limited success with putting together back to back sobriety. Every time I did have a string of sobriety,
Amana would push alcohol on me until I gave in. He would then proceed to verbally abuse me about
drinking. It became a huge cruel control method for him. Commitment to sobriety is one of the main
reasons I chose to leave my marriage.
I have taken legal pain medication since a near fatal car accident left me with permanent pelvic damage.
I have never taken over the prescribed amount. Since so much has been made about my "drug problem"
I voluntarily quit taking pain medication. I assert that this is nothing more than an attempt by Amana to
make me look bad in an effort to gain an upper hai'id in this matter.
I have also taken legal anti-depressants. I have also discontinued the use of those for the same reasons
as above.
The only medications I am currently on are antabuse, lisinopril for high blood pressure, and allegra for
allergies.
Regarding Antabuse, Amana implies that I may be drinking while on antabuse because I have said to
him that "this whole thing makes me sick". Well it does make me sick, but because of the low level of
integrity and honesty that he represents to the court and to me. I volunteered to be on a monitored
antabuse program because I knew that he would claim that I am drinking when I am not. He has done
this in the past and I knew he would do it in the future. I wanted a way to prove that I am clean and
sober. The treatment center I am going to monitors my antabuse 5 days a week as well as administers
periodic urine testing. I am in recovery.
Prior to my relationship with Amana, I did not diink,' or at least I had not drank for a long time, since my
early twenties. 'Once I decided to get sober, it becaiiie abundantly clear to me that I would not be
11/2/2005
Page 2 of3
successful in a marriage with a practicing drug addict arid alcoholic. This is one of the reasons I am
ending my marriage.
'
Amana's Controlling and Abusive Nature
Amana is undoubtedly an extremely mentally and verbally abusive person. His tirades are well known
inside our family. He has an absolute need to control often under the guise of"protection". I have been
unable to have a conversation on our home phone with anyone for literally years. He listens in on
conversations between me and my girlfriends, my mother, my sister, even my work colleagues. It is
extremely invasive and controlling. Everyone in my life knows that I do not talk on anything other than
my cell phone because of his extrodinary lack of boundaries.
Since our separation on September 121h, Amana has followed me and hired people to follow me.
Amana admitted to me himself that he hired someone to "keep an eye" on me. I found out through my
daughter who found out at school from one of the neighborhood kids that Amana was staying in a trailer
behind our house on the property of John Bozse... While keeping an eye on me, he came into the yard,
threw things on the roof, making noises intending- to scare me out of my own home with Samantha
inside. When confronted about this, Amana 'admitted to staying in the trailer.
Amana has broken into the house while the restraining order was in effect. He has made it perfectly
clear to me that he can get to me anytime he likes .no matter what I do or what locks I change. His
intention is to scare me into leaving our house.
I
Here is an excel-pt from an email he wrote to me dated October 7th 2005
"PS If I wanted to enter the house it would have been easy for me to do so.
I have not. I have only made efforts to matain our yard and start making order of the items that need to
be addressed in the yard and shop. I hope this demonstrates to you my respect for your need to be alone
and right for privacy"
Even though ht< denies coming into the house, he has done so. I have no doubt. He considers me and
the house his right to possess and control.
On the night of October 15th, Amana admitt~d to coming into the yard after 11 PM at night. I called the
Police who scared him off, but couldn't do anything other than make an appearance since I do not have a
restraining order.
Amana's extremely controlling nature is another one of the reasons I found myself in the position of
needing to leave this marriage.
11/2/2005
'· Page 3 of3
Most people do not see the side of Amana that I have come to know and fear. Amana is not only
verbally abusive and emotionally abusive, he has on occasion become physically abusive. More than
once my kids have seen this behavior. I cannot be in a relationship where I feel threatened. This is
another reason I am ending this marriage.
Amana Fisher has been distributing Marijuana has condoned his son's Marijuana dealing. The
following people have purchased Marijuana fro:11 _Amana. I feel very bad to give these names but I
don't feel I have another choice. The court needs to know what kind of man Samantha's father is.
Tory Briggs
Sheila Desranleau
Emily Hunter
I also became aware last summer that Si Fisher had been dealing drugs for two years prior to leaving
home with this Father's knowledge. I found out about this last summer when the two of them very
smugly told me what they had done. Apparently Si ahd Amana sold $30K worth of drugs and Si was
showing up at my house to retrieve the money. I since found out that he has sent the money to his I find
this completely un-nerving. Amana's use and distribution of Marijuana has been a major source of
conflict in our marriage. It is another reason I am ending this marriage.
Amana would like the court to believe that he ha; made a viable income in the past and the only reason
he is not working is so that he can take care of Samantha. I find this particularly offensive as Amana has
NEVER had a viable income and uses every excuse in the book to evade being responsible for himself.
He would like nothing more than to be granted custody of Samantha and get child support so he can live
off of it in some nomadic poverty stricken existence. I <.!o not want this for my daughter. Amana'
consistent refusal to get any sort of gainful employment is another reason I am ending this marriage.
My Three Kids
I have two older ~hildren who are with me normally half the time. They are extremely bonded with Samantha and
she with them. Since September 12th, my older children ~re only with me when I am at the 19514 Winesap house
or on the weekends at Whidbey. They miss Samantha and Samantha misses them. Because of the volitale
nature of Amana: my older children do not want to be with him. I would very much like the court to restore the
home to me so all my children can be together as they have been always. This is very important to both me and
him.
Amana should take the time now to find a place to live for himself inside Samantha's school boundries that is
appropriate for her to stay with him at. He needs tc focus on getting a viable income to support himself and let
me and my all my kids have some security and peac.:. : beg the court not to perpetuate his delusions that
working is beneath him and he is above supporting himself. Please do not put my daughter in the position of
having her father live off of child support in a nomadic lifestyle. I have the means and the flexibility in my job to
support Samantha, myself and my two older children. All I'm asking of Amana is that he finally for once in his life
take responsibility for supporting himself.
11/2/2005 . _,,
J
FILED
~JtlOV-l; Ari 1:58
SUPERIOR COURT OF t't\M L. Of, NIELS
WASHINGTON COUIH ·1 CLERK
·llOHOHISH CO. 'r! .~SH.
FOR SNOHOMISH COUNTY
ACTION:
HEARING STRICKEN/CODE:
DOCUMENTS FILED:
PROCEEDINGS/COURT'S FINDINGS:
MID WEEK IF AVAILABLE. THE PARTIES ARE DIRECTED TO ADDRESS THE HOLIDAYS.
MOTHER'S INCOME IS NOT CONTESTED; THE COURT IMPUTES INCOME TO FATHER AT $10.00
PER HOUR FOR CHILD SUPPORT FIGURES. THE STANDARD REQUESTED FINANCIAL RESTRAINTS
ARE APPROPRIATE. MOTHER SHALL PAY THE MORTGAGE AND PAY FATHER TEMPORARY FAMILY
SUPPORT OF $1,500.00 PER MONTH. AS AN EXCEPTION TO THE RESTRAINTS, THE COURT
AUTHORIZES UP TO $2,000.00 FOR FATHER'S FIRST MONTH RENT, LAST MONTH RENT, AND
SECURITY DEPOSIT BE PAID BY CREDIT CARD OR OUT OF SAVINGS. THE PARTIES ARE
DIRECTED TO CREATE A LIST SO BOTH PARTIES CAN HAVE HOUSEHOLD ITEMS. BASED ON
THE INFORMATION BEFORE THE COURT, THE COURT DOES NOT HAVE SUFFICIENT INFORMATION
TO MAKE 191 FINDINGS AGAINST FATHER, THAT rs RESERVED AT THIS TIME. IF THE
PARTIES ARE IN AGREEMENT, THE COURT WILL APPOINT A GUARDIAN AD LITEM.
6
7 SUPERIOR COURT OF WASHINGTON
COUNTY OF SNOHOMISH
NO. 05-3-02756-0
NOTICE OF APPEARANCE
~SE~~
24
25
Attorney for Respondent
26
27 Thomas Kruse
Attorney al Law
28
NOTICE OF APPEARANCE
PAGE I ORIGINAL J014 l·loyt Avenue
Everett, \VA 98201
(425) 258-6155 • fax (425) 388-9999
~---------------------------- -
,•
~-
FILED
21105 HOV I 0 AM II: ~5
:·AM L. DANIELS
COUNTY CLERK
SNOHOMISH CO. WASH.
15
TO THE ABOVE-NAMED PETITIONER:
16
17 I. RESPONSE
18 1.1 ADMISSIONS AND DENIALS.
19 The allegations of the petition in this matter are ADMITTED or
DENIED as follows (check only one for each paragraph):
20
Paragraph of the Petition
21
22
1.1 [] Admitted [X] Denied (] Lacks Information
1.2 [x] Admitted []Denied [] Lacks Information
23 Admitted []Denied [] Lacks Information
1.3 [x]
24 1.4 [x] Admitted []Denied [] Lacks Information
25
1.5 [] Admitted [x] Denied (] Lacks Information
1.6 [] Admitted [x] Denied [] Lacks Information
26
1.7 [x] Admitted []Denied [] Lacks Information
27 Thomas Kruse
Actorney at Law
RESPONSE TO PETITION (RSP) - Page I of 3 ]014 Hoyt Avenue
28 WPF DR 01.0300 (612002) -RCW 26.09.0300 E\'erctt, \VA 98201
(425) 25&6155 • Fax (425) 388-9999
1.8 [ ] Admitted [x] Denied [] Lacks Information
2 1.9 [ ] Admitted [x] Denied [] Lacks Information
3
1.10 [ ] Admitted [x] Denied [] Lacks Information
1.11 [x] Admitted []Denied [] Lacks Information
4 Lacks Information
1.12 [x] Admitted []Denied []
5 1.13 [ ] Admitted [x] Denied [] Lacks Information
6
Each allegation of the petition which is denied, is denied for the following
7 reasons [List separately]:
8
Disagrees with 1.1: Petitioner has not lived at the address in Bothell,
9 Washington for more than a month.
10
Disagrees with 1.5/1.6: Respondent agrees the parties were married July
11 11, 1998, but does not agree that the parties lived together for 5 years
12 before marriage and during periods of time that they did live together
this was not a marital relationship. The parties' relationship should not
13
be considered a marital relationship. She agrees the parties separated
14 September 12, 2005.
15
Disagrees with 1.8: Although Respondent believes there should be an
16 equitable division of property, respondent may disagree with
petitioner's proposal.
17
..
This form cannot be used for trial settings. SCLMAR 2.1 40(b).
See Below for other confirmation and noting information.
~°ll~
to the attorneys/parties listed below, postage prepaid
on the: Thomas Kruse
Auorney at Law
Date //~ !{) - 0C 1014 Hoyt Avenue
Evcrcn, \VA 98201
(425) 25&6155 • Fax (425) 388-9999
I of2
WSBA# 15585
Norman Besman
20016 Cedar VaJley Rd #106
Lynnwood, WA 98036
FAMILY LAWIDOMESTIC MOTIONS: Most are heard on a Court Commissioner's calendar. The exceptions
are matters relating to trial settings and continuances or revisions. Please refer to the Civil Motion Calendar Note
regarding these motions.
CONFIRMATION NOTES: All matters set on the Judge's Civil Motion Calendar or Court Commissioner
Calendars must be confirmed at (425) 388-3587. All other matters noted before an individual judge must be
confirmed/continued by his/her law clerk. Adoptions, reasonableness hearings and minor settlements are specially
set and confirmed through the Civil Motions Judge's Law Clerk (425) 388-3421. If you reach voice mail when
confirming, you must leave the requested information or the matter will not be confirmed/continued.
Thomas Kruse
Attorney at Law
3014 Hoye A\.-enue
Everet!, \VA 98ZOI
(4Z5) 258-6155 • Fax (425) JSS-9999
RRU:07/0lf2003 2 of2
'
1 ·:'~LED
2
2U05 DEC -S PM 3: 42
3
iJAW£LS
O;l'J L.
4 ~ COUNTY CLERK
::iNOHOMISH CO. WASH.
~o
(425) 258-6155 • Fax (425) 38&9999
1 has been going through out-patient treatment. She is completely compliant with
2 her program and has been sober for quite some period of time. I am not opposed
3 to the language that counsel insists be put into the Parenting Plan on page 5, lines
4 14 through 17. The mother has no problem remaining in compliance with her
5 substance abuse program that she has been in. But the fact that she is a former
6 or recovering alcoholic who is currently in treatment and who is in
7 compliance with her treatment. There is no basis for restrictions of her
8 residential time.
9 3. The father, on the other hand, is accused of being a daily marijuana
IO user for the last 15 to 20 years. The mother has filed a number of declarations
11 swearing under oath that he uses marijuana as well as other drugs and alcohol
12 and has used alcohol and marijuana on a daily basis since the day she married
13 him. She states in one declaration it's the reason they can no longer live together
14 because she's a recovering alcoholic and he refuses to quit and continues to drink
15 and use drugs in front of the kids, including her other children from a previous
16 relationship. The continued daily use of alcohol and drugs is certainly stronger
17 grounds for restrictions on a parent's residential time than former use.
18 4. Nevertheless, despite all the evidence that the mother is no longer
19 drinking but that the father is continuing to use drugs and alcohol, opposing
20 counsel insists that the order reflect a decision by the court commissioner on the
21 basis of affidavits that the mother's residential time is subject to restriction
22 because of her alcohol problem while the father's residential time is reserved and
23 not subject to any current restrictions. This is not only wrong but it's patently
24 unfair.
25 5. I'd ask the court to order that the father pay $350 toward the
26 mother's attorney fees and that the basis for all restrictions to both parties'
27 Thomas Kruse
Attorney at Law
RESPONSE RE: PRESENTATION 3014 Hoyt Avenue
28 OF ORDERS - 2 Everett, WA 98201
1425) 258-6155 • Fax (425) 388-9999
I residential time be reserved until there can be appropriate testing and an
2 investigation by the Guardian ad Litem. It is a waste of the mother's attorney
3 fees, time and costs that are precious and that she cannot afford.
4
5
6 Dated: December 5, 2005.
7 TOM KRUSE, WSBA 15585
Attorney for Respondent
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 Thomas Kruse
RESPONSE RE: PRESENTATION Attorney ac Law
28 OFORDERS-3 3014 Hoyl Avenue
Everett, \VA 98201
(4251 25&<;!55 • hx (4251 JSS.9999
.. J
I
\,
l
::·!LED rATTT"o.,..rr"'Cr r-rYPY:
2 ... - .....'
. ~. ·., ~···.. 21105 DEC -5 PM 3: ~J"~' r u. r.~ARiNG
'J
d
-- tJ.<.~Y'l\.4-y . Ja
, , o..... -· IL.• ~s.cs: _
- If . . ---
.
''Ari L.
COUNTY CLERK
,-::.111<
UANIEL~A{
AT ~ MP
. 71-, P.IL
--/-' ' · · -- SNOHOHiSfl CO. IVASH.
-
- - C') 6
-
~C')
co
- 0 7 SUPERIOR COURT OF WASHINGTON
0
C')
.,... COUNTY OF SNOHOMISH
- ,_ 8
- --1
() 9 In Re the Marriage of:
NO. 05-3-02756-0
~
IO AMANA ISRAEL K. M. FISHER
Petitioner,
11 RESPONSE RE:
and PRESENTATION OF ORDERS
12
STEPHANIE JANE SEYMOUR,
13 Respondent.
~~~~~~~~~~~~-)
14
~I
,'
I
~-
1 has been going through out-patient treatment. She is completely compliant with
2 her program and has been sober for quite some period of time. I am not opposed
'
J to the language that counsel insists be put into the Parenting Plan on page 5, lines
4 14 through 17. The mother has no problem remaining in compliance with her
5 substance abuse program that she has been in. But the fact that she is a former
6 or recovering alcoholic who is currently in treatment and who is in
7 compliance with her treatment. There is no basis for restrictions of her
8 residential time.
9 3. The father, on the other hand, is accused of being a daily marijuana
10 user for the last 15 to 20 years. The mother has filed a number of declarations
11 swearing under oath that he uses marijuana as well as other drugs and alcohol
12 and has used alcohol and marijuana on a daily basis since the day she married
13 him. She states in one declaration it's the reason they can no longer live together
14 because she's a recovering alcoholic and he refuses to quit and continues to drink
15 and use drugs in front of the kids, including her other children from a previous
16 relationship. The continued daily use of alcohol and drugs is certainly stronger
17 grounds for restrictions on a parent's residential time than former use.
18 4. Nevertheless, despite all the evidence that the mother is no longer
19 drinking but that the father is continuing to use drugs and alcohol, opposing
20 counsel insists that the order reflect a decision by the court commissioner on the
21 basis of affidavits that the mother's residential time is subject to restriction
22 because of her alcohol problem while the father's residential time is reserved and
23 not subject to any current restrictions. This is not only wrong but it's patently
24 unfair.
25 5. I'd ask the court to order that the father pay $350 toward the
26 mother's attorney fees and that the basis for all restrictions to both parties'
27 Thomas Kruse
Attorney at Law
RESPONSE RE: PRESENTATION 3014 Hoyt A\'enue
28 OF ORDERS - 2 E\-'ereu, \VA 98201
(425) 258-6155 • fax 14251 388-9999
}
'
\,
I residential time be reserved lllltil there can be appropriate testing and an
2 investigation by the Guardian ad Litem. It is a waste of the mother's attorney
3 fees, time and costs that are precious and that she cannot afford.
4
5
6 Dated: December 5, 2005.
7 TOM KRUSE, WSBA 15585
Attorney for Respondent
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 Thomas Kruse
RESPONSE RE: PRESENTATION Attorney ar La\v
28 OF ORDERS-3 3014 Hoyt Avenue
Everett, \VA 98201
(4251 258-6155 • f,,. 14251 388-9999
{1l~l~•!f!!•If!
------- ----
----~
SUPERIOR COURT OF
WASHINGTON
( /\J
. ' ~.,·,1
r·o
r '' I
.. [)A..11·
.., u;.. 7 'r'
"··DllOH/5fl C~-o.~.K
"'1
O.
""l'LS
~~
» .~ Sii.
FOR SNOHOMISH COUNTY
ACTION:
HEARING STRICKEN/CODE:
DOCUMENTS FILED:
r: lit.ED
2 7.005 DEC I 2 AM 9: I+ i
3 PAM l. DANIELS
COUNTY CLERK
4 Illlllll llllll Ill lllll lllll l l l lllll lllll lllll lllll llll /111 SNOHOMISH CO. l'IASH.
CL 11308687
5
6
SUPERIOR COURT OF WASHINGTON
7 COUNTY OF SNOHOMISH
8 In re the Marriage of
9 AMANA ISRAEL K. M. NO. 05-3-02756-0
FISHER,
10 TEMPORARY ORDER
Petitioner, (TMO)
11 and
~.J
12 STEPHANIE JANE Clerk's Action Required
SEYMOUR,
13 Respondent.
14 I. JUDGMENT/ORDER SUMMARIES
0
15
~ 1.1 RESTRAINING ORDER SUMMARY:
[]Does not apply. [X] Restraining Order Summary is set forth below:
16
NaIDe ofperson(s) restrained: BOTH PARTIES
\J 17
NaIDe ofperson(s)protected: BOTH PARTIES . See paragraph 3.1.
({)
18
VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 3.1 WITH ACTUAL NOTICE
~ DF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL
19
i{J '!UBJECT THE VIOLATOR TO ARREST. RCW 26.09.060.
20
1.2 MONEY JUDGMENT SUMMARY:
21
22 [X] Does not apply.
23
24 II. BASIS
25 A motion for a temporary order was presented to this court and the court finds
reasonable cause to issue the order.
26
27 Thomas Kruse
TEMP ORDER (IMO) Attorney at let\\'
WPF DR 04.0250 (912001)-RCW 26.o<J.060; .JJO; .120; .194 3014 Hoyt Avenue
28 Page 1 E\Treu, \VA 98201
(425) 258-6155 • Fax (425) JSS.9999
ORIGINAL
.. ,•
I ill.ORDER
2 It is ORDERED that:
3
9
[X] The [X] husband [X] wife is restrained and enjoined from molesting
or disturbing the peace of the other party or of any child.
10
24
25 3.2 TEMPORARYRELIEF.
26
1 [x] The wife shall pay the other party per month spousal maintenance
2 and child support in the ammmt to be determined by her~
e
3
~ total gross income and the father's gross income to be
4 set at $10.00 per hour. The total financial obligation, maintenance
and child support combined, shall be $1,500. Of that amount
5
$745.61 shall be spousal maintenance and the balance child support.
6
7 Starting Date: December I, 2005
8 ~110~~~~ f11'4-v,
9 Payments shall be made to:
10 eWaiJ·~~ ·
11 o ). upport Oll:ler_.,..
12
The father need!! to seek~ time employment. F~ shalJ..-.fi(e
13 detaijeQ..job search~ including job a~ti6fis anchi1f other .._ . _...
14 dfOrts he h~to find work o~ basis.
15
[x] The parties shall comply with the father's Temporary Parenting Plan
16 signed by the court in which the mother will have Samantha for two
weekends in a row and the father the third weekend. The parties
17
shall also comply with the father's Parenting Plan concerning an
18 equal sharing of the holidays and the school vacation periods.
19
[x] The [x] husband [x] wife is restrained and enjoined from transferring,
20 removing, encumbering, concealing or in any way disposing of any
21 property except in the usual course of business or for the necessities
of life and requiring each party to notify the other of any
22
extraordinary expenditures made after the order is issued.
23
24 [x]
25
26
27 TEMP ORDER (IMO) Thomas Kruse
Attorney at Law
WPF DR 04.0250 (912001) -RCW 26.09.060; ./JO; .120; .194
3014 Hoyt Avenue
28 Page 3 Everett, \VA 98201
(415) 15&6155 • Fax (415) JSS.9999
I [x] The [x] husband [x] wife is restrained and enjoined from assigning,
2 transferring, borrowing, lapsing, surrendering or changing entitlement
of any insurance policies of either or both parties whether medical,
3
health, life or auto insurance.
4
[x] Both parties are restrained from making disparaging remarks about
5
the other parent or from allowing others to do so in the child's
6 presence.
7
[x] Both parties are restrained from involving the child in the legal issues
8 or allow them to read legal papers.
9
JO
[x] Neither party shall physically abuse or disci~~
11 [x] Neither party shall use ~rescription drugs"-~~~-~nohol while
12
the children are in their care. ~~
13 [x] Each party shall be immediately responsible for their own future
14 debts whether incurred by credit card or loan, security interest or
mortgage.
15
24
Vehicles: Z: () c? .;- H w 1,a.,,,,H'j;
Other: ~~~~~~~~~~~~~~~~~~~~
(}
25
26 The husband may use the following property:
[x] The [x] husband []wife shall vacate the family home. You have a
right to keep your residential address confidential. Stephanie
Seymour waives confidentiality of the address which is: 19514
Winesap Lane, Bothell, WA . It is understood that the wife will be in
the family home until Monday, November 71h. At that time Mr.
Fisher will be allowed to move back into the family home for a
period of one week until November 141h. By November 141h he shall
move out of the home permanently and into his own apartment.
Neither of the parties shall remove any household belongings or
property other~ what _is '!greed to and/ r their c o~~o'.!erson
-£/t!Jh!~~~
BOND OR SECURITY.
11'-"-~_..... :t
[X] Does not apply.
OTHER:
~ezf~~k~~~~
..
1 Dated: _ _ _ _ _ _o_E_c_1_2_2_oos
2 JSSIONER
3
Presented by: Approved for entry:
4 Notice of presentation waived:
5 ·~~
6 TOM KRUSE, WSB~ 15585 NORMAN BESMAN, WSBA
7 Attorney for Petitioner
Attorney for Petitioner t 1-.S.<QS
10 STEPHANIE SEYMOUR
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3
4 In Re the Marriage of:
5 AMANA I.KM.FISHER NO. 05-3-02756-0
Petitioner,
6
and PARENTING PLAN
7 TEMPORARY (PPT)
STEPHANIE J. SEYMOUR
8
Respondent.
9
IO This parenting plan is:
18 Birthdate
19
Samantha Age6
20
21
22
23
24 NORMANS. BESMAN
PARENTING PLAN 20016 CEDAR VALLEY ROAD, SUITE 106
25 WPF DR 01.0400 (6/94) LYNNWOOD WA 98036-6332
26
RCW26.09.181; .187; .194
PAGE I OF ll
NSB-ASHER·l ln/05
ORIGINAL (425)672-3410
FAX (425)744-0456
27
II. BASIS FOR RESTRICTIONS
2
3 2.1 PARENTAL CONDUCT (RCW 26.09.191(1), (2)).
14
15
III. RESIDENTIAL SCHEDULE
16
17 These provisions set forth where the child(ren) shall reside each day of the year and what contact
18 the child(ren) shall have with each parent.
23 Upon enrollment in school, the child(ren) shall reside with the father, except for the following
24 days and times when the child(ren) will reside with or be with the other parent:
25 from 5:00 p.m. on Friday to 7:00 p.m. on Sunday, starting December 9, 2005;
26 other: two consecutive weekends, then one weekend to father, and repeat cycle.
27 The parties shall attempt to schedule one evening period of residential care for the mother
28 each week from 5:00 p.m. to 7:30 p.m. on an evening to be selected by the mother, but
which is workable for the child's schedule.
29
NORMANS. BESMAN WSBA #12585
PARENTING PLAN 20016 CEDAR VALLEY ROAD, SUITE 106
WPF DR 0 l.0400 (6194) LYNNWOOD WA 98036-6332
RCW26.09.181; .187; .194 (425) 672-3410
PAGE20F II FAX (425) 744--0456
NSB-FISHER-1211 I/OS
1 3.3 SCHEDULE FOR WINTER VACATION.
2
The child(ren) shall reside with the father during winter vacation, except for the following
3 days and times when the child(ren) will reside with or be with the other parent:
4
Mother shall have the residential care of the child in the second half of Christmas
5 school vacation in 2005, subject to specific holiday terms in par. 3.7
6
3.4 SCHEDULE FOR OTHER SCHOOL BREAKS.
7
8 The child(ren) shall reside with the father during other school breaks, except for the
following days and times when the child(ren) will reside with or be with the other parent:
9
10 Same as par. 3.2
27
Martin Luther King Day * *
Presidents Day * *
28 Memorial Day Every
July 4th Even Odd
29 NORMANS. BESMAN WSBA #12585
PARENTING PLAN
20016 CEDAR VALLEY ROAD. SUITE I 06
WPF DR 01.0400 (6194) LYNNWOOD WA 98036-6332
RCW 26.09.181; .187; .194 (425) 672-34!0
PAGE3 OF II FAX (425) 744-0456
NSB-FISHER-1211 llOS
I
Labor Day Every
2 Veterans Day
* *
Thanksgiving Day Even Odd
3
Christmas Eve Even Odd
4 Christmas Day Odd Even
5
For purposes of this parenting plan, a holiday shall begin and end as follows (set forth times):
6
From 9:00 a.m. to 7:00 p.m. except as follows:
7
8 July 4th from July 3 at 6:00 p.m. to July 5th at 9:00 a.m.
Thanksgiving from 6:00 p.m. the day before Thanksgiving to 8:00 p.m.
9
Thanksgiving Day
IO Christmas Eve from 9:00 a.m. to 10:00 p.m. on December 24
Christmas Day from 10:00 p.m. on December 24 to 8:00 p.m. on December 25
11
Memorial Day and Labor Day from the preceding Friday at 5:00 p.m. to the
12 holiday Monday at 7:00 p.m.
13
"*" Holidays which fall on a Friday or a Monday shall be attached to the adjacent
14 weekend causing it to start Thursday at 5:00 p.m. or end Monday at 7:00 p.m.
respectively.
15
16 3.8 SCHEDULE FOR SPECIAL OCCASIONS.
17
The residential schedule for the child(ren) for the following special occasions (i.e., birthdays) is
18 as follows:
With Mother With Father
19
(Specify Year (Specify Year
20 Odd/Even/Every) Odd/Even/Every)
21
Mother's Birthday
22 Father's Birthday
Mother's Day
23
Father's Day Every
24 Samantha's Birthday Even Odd
25
Other:
26
Special occasions shall run from 9:00 a.m. to 7:00 p.m., but shall not authorize the
27
removal of the child from school if it is a school day.
28
29
PARENTING PLAN NORMANS. BESMAN
WPP DR 01.0400 (6/94) 20016 CEDAR VALLEY ROAD, SUITE 106
LYNNWOOD WA 98036-6332
RCW 26.09.181; .187; .194 (425) 672-3410
PAGE4 OF 11 FAX (425) 744--0456
NSB·flSHER.11nto'
3.9 PRIORITIES UNDER THE RESIDENTIAL SCHEDULE.
2
If the residential schedule, paragraphs 3.1 - 3.8, results in a conflict where the children
3 are scheduled to be with both parents at the same time, the conflict shall be resolved by
4 priority being given as follows:
5 [X] Rank the order of priority, with I being given the highest priority:
6
_1._ school schedule (3.1, 3.2) J_ vacation with parents (3 .6)
7 _.±_winter vacation (3.3) _l_ holidays (3.7)
8 _.±_spring vacation (3.4) _L special occasions (3.8)
_.±_summer schedule (3.5)
9
JO 3.10 RESTRICTIONS.
11 The mother's residential time with the children shall be limited because there are limiting
12 factors in paragraphs 2.1 and 2.2. The following restrictions shall apply for the time
children spend with this parent:
13
14 The mother shall at all times remain in compliance with her substance
abuse treatment program, including abstinence from alcohol, drugs, and any
15 prescription medications not specifically prescribed for her, and she shall attend
16 all treatment sessions, along with any other collateral meetings required, e.g., AA,
NA, etc.
17
18 3.11 TRANSPORTATION ARRANGEMENTS.
19 Transportation arrangements for the child(ren), other than costs, between parents shall be as
20 follows:
19 Notice may be delayed for 21 days ifthe relocating person is entering a domestic violence
20 shelter or is moving to avoid a clear, immediate and unreasonable risk to health and
safety.
21
22 If information is protected under a court order or the address confidentiality program, it
may be withheld from the notice.
23
24 A relocating person may ask the court to waive any notice requirements that may put the
health and safety of a person or a child at risk.
25
26 Failure to give the required notice may be grounds for sanctions, including contempt.
3 An objection may be filed by using the mandatory pattern form (WPP DRPSCU 07.0700,
4 (Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
5 with the child.
6
The relocating person shall not move the child during the time for objection unless:
7 (a) the delayed notice provisions apply; or (b) a court order allows the move.
8
If the objecting person schedules a hearing for a date within 15 days of timely service of
9 the objection, the relocating person shall not move the child before the hearing ·unless
JO there is a clear, immediate and unreasonable risk to the health or safety of a person or a
child.
11
12
13 IV. DECISION MAKING
14
15 4.1 DAY TO DAY DECISIONS.
16 Each parent shall make decisions regarding the day-to-day care and control of each child while
17 the child is residing with that parent. Regardless of the allocation of decision making in this
parenting plan, either parent may make emergency decisions affecting the health or safety of the
18 children.
19
4.2 MAJOR DECISIONS.
20
21 Major decisions regarding each child shall be made as follows:
7
8
V. DISPUTE RESOLUTION
9
IO Disputes between the parties, other than child support disputes, shall be submitted to (list
11 person or agency):
16
17 The counseling, mediation or arbitration process shall be commenced by notifying the other party
by certified mail:
18
19
In the dispute resolution process:
20
21 (a) Preference shall be given to carrying out this Parenting Plan.
(b) Unless an emergency exists, the parents shall use the designated process to resolve
22 disputes relating to implementation of the plan, except those related to financial support.
23 (c) A written record shall be prepared of any agreement reached in counseling or
mediation and of each arbitration award and shall be provided to each party.
24 (d) If the court finds that a parent has used or frustrated the dispute resolution process
25 without good reason, the court shall award attorneys' fees and financial sanctions to the other
parent.
26 (e) The parties have the right ofreview from the dispute resolution process to the
27 superior court.
28
29
PARENTING PLAN NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE 106
WPF DR 01.0400 (6/94) LYNNWOOD WA 98036-6332
RCW26.09.181; .187; .194 (425) 672-3410
PAGE 8 OF 11 FAX (425) 744--0456
NSB·FISHER·l ln/O.S
I VI. OTHER PROVISIONS
2
3 There are the following other provisions:
4 6.1 The residential arrangements defined above are provided for in the best interests of the child.
5 The child's interests are best served by a full and regular pattern of contact with both parents,
responsiveness and cooperation by both parents, involvement by both parents in all aspects of
6 the child's needs and a reasonably consistent routine of activities, values and discipline
7 throughout both homes. Absence, inconsistency and conflict are opposed to the best interests
of the child.
8
9 6.2 When a child of the parties is not residing with a given parent, that parent shall be permitted
unimpeded and unmonitored telephone access with the child of not less than two calls per
JO week at reasonable times and for reasonable durations.
11
6.3 Each parent shall have the right and responsibility to ensure that the child attend(s) school
12 and other scheduled activities while in that parent's care. Activities shall not be scheduled to
13 unreasonably interfere with the other parent's residential time with the child.
14 6.4 Each parent shall provide the other with the address and phone number of their residence and
15 update such information promptly whenever it changes.
16 6.5 Each parent agrees to exert every reasonable effort to maintain free access and unhampered
17 contact and communication between the child and the other parent, and to promote the
emotions of affection, love and respect between the child and the other parent. Each parent
18 agrees to refrain from words or conduct, and further agrees to discourage other persons from
19 uttering words or engaging in conduct, which would have a tendency to estrange the child
from the other parent, to damage the opinion of the child as to the other parent, or which
20 would impair the natural development of the child's love and respect for the other parent.
21
22 6.6 Each parent agrees to honor one another's parenting style, privacy and authority. Neither
23 parent shall interfere in the parenting style of the other nor shall either parent make plans or
arrangements that would impinge upon the other parent's authority or time with the child
24 without the express agreement of the other. Each parent shall encourage the child to discuss
25 his/her grievance against a parent directly with the parent in question. It is the intent of both
parents to encourage a direct parent-child bond and communication.
26
27 6. 7 Each parent shall be responsible for keeping themselves advised of athletic and social events
in which the child participates. Both parents may participate in school activities for the child
28 regardless of the residential schedule.
29
PARENTING PLAN NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE I 06
WPF DR 01.0400 (6/94) LYNNWOOD WA 98036-6332
RCW 26.09.181; .187; .194 (425) 672-3410
PAGE90F 11 FAX (425) 744-0456
NSB-fISHER-l ln/05
I
2 6.8 Each parent shall provide for the other parent promptly with receipt of any significant
information regarding the welfare of the child, including physical and mental health,
3 performance in school, extracurricular activities, etc.
4
6.9 Each parent shall inform the other when that parent plans to be away from his or her
5 residence with the child for more than two nights. The information to be provided shall
6 include duration of the period, the destinations and destination telephone numbers.
7 6.10 Neither parent shall ask the child to make decisions or requests involving the residential
8 schedule. Neither parent shall discuss the residential schedule with the child except for
plans which have already been agreed to by both parents in advance.
9
10 6.11 Neither parent shall encourage the child to change his/her primary residence or encourage
the child to believe it is her choice to do so. It is a choice that will be made by the parents
11 or, if they cannot agree, the courts.
12
6.12 Neither parent shall advise the child of the status of child support payments or other legal
13 matters regarding the parents' relationship.
14
6.13 Neither parent shall use the child, directly or indirectly, to gather information about the
15 other parent or to take verbal messages to the other parent.
16
6.14 Neither parent shall make derogatory comments about the other parent or allow anyone else
17 to do the same in the child's presence. Neither parent shall allow or encourage the child to
18 make derogatory comments about the other parent.
19 6.15 Acceptance or waiver of any deviations from the provisions of this Parenting Plan shall not
20 constitute acceptance of subsequent deviations from this plan. The provisions of this plan
shall remain in effect until modified by an appropriate written order entered by a court of
21 competent jurisdiction.
22
6.16 In engaging the child in new activities, entertainment or similar discretionary events, the
23 parents shall consider the age and development level of the child and shall make selections which
24 are age appropriate for the child.
25
26
27
28
29
PARENTING PLAN NORMANS. BESMAN
20016CEDARVALLEY ROAD, SUITE 106
WPF DR 01.0400 (6/94) LYNNWOOD WA 98036-6332
RCW 26.09.181; .187; .194 (425)672-3410
PAGE IO OF 11 FAX (425) 744.()456
NSB.FlSHER-IJn/O!i
I VIII. ORDER BY THE COURT
2
3 It is ordered, adjudged and decreed that the parenting plan set forth above is adopted and
approved as an order of this court.
4
5 WARNING: Violation of residential provisions of this order with actual knowledge of its terms
is punishable by contempt of court and may be a criminal offense under RCW 9A.040.060(2) or
6 9A.40.070(2). Violation of this order may subject a violator to arrest.
7
When mutual decision making is designated but cannot be achieved, the parties shall make a
8 good faith effort to resolve the issue through the dispute resolution process.
9
If a parent fails to comply with a provision of this plan, the other parent's obligations under the
IO plan are not affected.
11
12
13
14
15 Dated:
Of.C 1 "t?OO§
16
17 Presented by: Approved for entry:
18
19 ~~~
20 NORMANS. BESMAN, WSBA #12585 TOM KRUSE, WSBA #15585
21 Attorney for Petitioner Attorney for Respondent
22
23
24
25
26
27
28
29
NORMANS. BESMAN
PARENTING PLAN
20016CEDAR VALLEY ROAD, SUITE !06
WPF DR 01.0400 (6/94) LYNNWOOD WA 98036-6332
RCW 26.09.181; .187; .194 (425) 672-34!0
PAGE 11OF11 FAX (425) 744--0456
NSB-ASHEll.-lln/U5
~' ''r
"
I F~i~ED
2
7.005 DEC 12 AM 9: I+ 9
3
PAM L. DANIELS
4 COUNTY CLERK
I1111111111111Ill11111111111111111111111111111111111 Ill\ Ill\ SNOHOMISH CO. IVASH.
CL 11308684
5
6
SUPERIOR COURT OF WASHINGTON
7 COUNTY OF SNOHOMISH
8
In re the Marriage of
9
AMANA ISRAEL K. M. NO. 05-3-02756-0
10 FISHER,
ORDER APPOINTING
11 Petitioner, GUARDIAN AD LITEM ON
and BEHALF OF MINOR
12 (ORAPGL)
STEPHANIE JANE
13 SEYMOUR,
14 Res ondent.
15 I. BASIS
16 1.1 BASIS FOR THE APPOINTMENT.
17 This appointment is being made pursuant to
18 [X] RCW 26.09 Dissolution
19 1.2 CHILDREN TO WHOM THE ORDER APPLIES.
20 The ~father !?if; mother [X] court moved for appqintment of a guardian ad
!item or the fo owing nnnor child(ren) in this action:
21
Name Age
22
Samantha 0
23
.J 24
~ 25
26
II. FINDINGS
1~
(4251 258-6155 • Fax (425) 388-9999
ORIGINAL
•
----:--------------------------------------------------------------------------
• • l' •
I After reviewing the case record to date and the basis for the motion, the
court FINDS tfiat the motion should be gnµ:ited because appointment of a
2 guardian ad litem is in the best interest of the child(ren).
3 III. ORDER
4 IT IS ORDERED THAT:
s 3.1 APPOINTMENT OF GUARDIAN AD LITEM.
6 Bridg\:t Llewellyn or, in the alternative, Karen Glassman, is appointed as
guai:dian ad Iitem for the above-named minor child(ren) of the parties and
7 Shall receive copies of all pleadings and notice of aif court proceedings
regarding the child(ren).
DUTIES OF THE GUARDIAN AD LITEM.
The guardian ad litem shall investigate and report factual information to the
court concerning parenting arrangements for the child(ren), and shall
represent the childtren)'s best interests. The gi.µirdian ad litem may make
recommendations based u_pon an independent investigation remu-dmg the
best interests of the chilgtren). The guardian ad !item shall report a
child(ren)'s_expressed prefere~ces regardiilg the parentin_g plan to the col;ll1,
together with the facts relative to whetfier any preferences are bemg
expressed voluntarily and the degree of the child(ren) s understanding.
The guardian ad litem shall make a full and complete written report to the
court and counseVparties on or before February 1, 2006, and at least 60
days before trial P.TOvided that an extension may be granted by the court.
Tills report shcill include recommendations and bases for those
recommendations.
[ ] other:
OTHER DUTIES.
Other duties of the guardian ad litem include appearing at all court hearings
and pretrial conferences within the scope of a_ppointment unless excused by
the court and assisting the parties and counsel m reaching a resolution of tlie
matters involving said child(ren).
GUARDIAN AD LITEM ACCESS TO CHILD(REN), RECORDS AND
INFORMATION.
To facilitate reasonable investigation of information P.ertaining to the best
interest of the child(ren), the gti¥dian ad Iitem shall have access to the
child(ren) and to all records and information, including authorization to
25 speak with interested persons, from the following sources: law enforcement
agencies; Child Protective Services (or the equiValent out-of-state agency);
26 health care providers; mental health care proVJders; child care providers; the
27 ORD APPOINTING GAL (ORAPGL) Thomas Kruse
WPF DR 04.0200(612002)-RCW 26.09.110; .140; .220. Atcorney at Law
3014 Hoyt Avenue
28 Page 2
Everen, \VA 98201
1425) 258-6155 • Fax 1425) 388-9999
... .
The total ammmt awarded shall be at the discretion of the court up to the
maxintum amount allowed after the guardian ad !item files an itemized
statement of time with the court, along with a specific request for fees and a
proposed Order. Guardians ad litem who are not volunteers shall provide
the parties with an itemized accounting of their time and billing for services
each month.
CONSENT OF CHILDREN OVER TWELVE TO INVESTIGATION.
[x] Does not apply.
' .
TERMJNATION OF APPOINTMENT.
The appointment terminates:
lJP.on entry of the final parenting plan or residential schedule.
Other:
OTHER:
16
Guardian Ad L1tem
17
Signatures of the Parties:
18
22
23
24
25
26
27 ORD APPOINTING GAL (ORAPGL) Thomas Kruse
IVPF DR 04.0200 (612002) -RCIV 26.09.110; .140; .220. Auorney at Law
3014 Hoyt Avenue
28 Page 4
Everett, \VA 98201
(425) 25&6155 • Fax 1425) 388-9999
ZU05 OEC 15 AH 9: 26
L. DANIELS
, >\f'I
COUNTY CLERK
SNOHOMISH CO. WASH.
~We cannot enter the referenced court order, oecause we do not have a completed law
enf&rcement information sheet. Please note that the law enforcement information form must
have the complete date of tlirth and physical description for all parties, including minors
named in the order. Should the moving party or their representative provide the necessary
information along with the current court order we can comply with this request. Thank you.
Owe cannot enter the referenced court order as it does not meet statutory requirements.
Dated: 12-14-05
-
SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
2
3
4 AMANA 1.K.M. FISHER NO. 05-3-02756-0
Petitioner,
5
and NOTICE OF UNAVAILABILITY
6
STEPHANIE J. SEYMOUR
7
Respondent.
8
9
TO: Clerk of Superior Court of Washington, Snohomish County
10
TO: Stephanie J. Seymour
11
12
YOU ARE HEREBY NOTIFIED that Norman S. Besman, will be unavailable for any
13
proceedings in the above-captioned matter between the dates of April 3, 2007, through and
14
including April 18, 2007, as he will be out of the office during that time. Opposing
15
counsel/party's courtesy in scheduling no matters to be heard before April 25, 2007, would be
16
professionally appreciated.
17
18 DATED:
19
20 t\~k
NORMANS. BESMAN, WSBA #12585"
21 Attorney for Petitioner
22
23
24
NOTICE OF UNAVAILABILITY NORMAN S. BES MAN WSBA # 12585
25 20016 CEDAR VALLEY ROAD, SUITE 106
PAGE I OF I LYNNWOOD WA 98036-6332
NSB·FISHER-2128/07
26 (425) 672-3410
FAX (425) 744-0456
27 ORIGINAL
' .,
FILED
2001 DEC 12 PM 2: OS
PAM L. Ct>.tl!ELS
COUNTY CLERK
' Illlllllllllll Ill lllll lllllllllllllll l l llllll lllll llllllll SHOHOHISH CO. Wfl SH.
CL 12823408
TO: The Clerk of the Court; the Director of Arbitration (by separate copy serviced at Room 502,
Superior Court Administration) and the attorneys or parties listed below:
I hereby affirm that this case is at issue; that no affirmative pleading remains unanswered; that to my knowledge no
other parties will be served with summons; and that the case in all respects is ready for trial and/or transfer to
Date (mm/dd/yyyy): J
Administrator's Office for Trial Setting.
d,/atz /07 at 10:00 AM this case will be presented to the Court
huP.·/&.w.v,· oo sno!112mi11h..l'!1l,1,1_~1J~11111ct1.~J/Qmru!mm!.Y..Clo;11,;!Civi\f0£hi1Trfa!St!Ji~11t.drl~
I of 3
INITIAL STATEMENT OF ARBITRABILITY (SCLMAR 2. I)
RCW:
Civil Cases not subject to MANDATORY Arbitration may be submitted to arbitration pursuant to MAR 8.1 (b),
SCLMAR 8.1 and SCLMA 2.1 (d) by stipulation which must be filed with the Clerk of the Court and a copy served
upon the Director of Arbitration.
D The undersigned hereby requests that this matter be transferred to arbitration pending formal stipulation by
the parties.
Any Response to this Statement of Arbitrability must be filed with the Clerk of the Court and a copy served upon the
Director of Arbitration within 14 days after this document has been served and filed. (SCLMAR 2.1 (b))
CERTIFICATE OF MAILING
I certify that I mailed a copy of this document to
the attorneys listed hereon, postage prepaid on the
.. ·•
PLEASE LIST THE NAMES, ADDRESSES, ETC. OF ALL OTHER ATTORNEYS IN THIS CASE
AND/OR ALL OTHER PARTIES REQUIRING NOTICE.
WSBA #: _ _ _ _ _ _ _ _ _ _ __
TELEPHONE: ( ext.
ATTORNEY FOR: (Check one)
D Petitioner/Plaintiff
,R'J Respondent/Defendant
NAME: WSBA#:
------------
- - - - - - - - - - - - - - - - - - - T E L E P H O N E : ~<-~) ___~ex_t_._ _ __
ADDRESS: ATTORNEY FOR: (Check one)
D Petitioner/Plaintiff
D Respondent/Defendant
NAME: WSBA#: _ _ _ _ _ _ _ _ _ _ __
TELEPHONE: ext.
------------------- ~-~--------
ADDRESS: ATTORNEY FOR: (Check one)
D Petitioner/Plaintiff
D Respondent/Defendant
NAME: WSBA#: _ _ _ _ _ _ _ _ _ _ __
TELEPHONE: ( ) ext.
-------------------
ADDRESS: ATT 0 RN EY FOR: (Check one)
D Petitioner/Plaintiff
D Respondent/Defendant
FILED
2008 JM! -4 AM 11: 58
IlllllllllllllIlllllllII/IIllll/llllllll/lllllllllll
CL 12731168
l ~l l so;n',:i. J. J\?.As:;1
cou:11y CLEP'~
Si!Q''"":'.'rr:;:• ......... ,.'.'.,...J .·
\ 1 1IV " .... ' j \,.. V • ',, I ;::,11 ..
FISHER
No. 05-3-02756-0
Plaintiff/Petitioner
vs. COVERSHEET
SEYMOUR
Defendant/Respondent
Stephanie Seymour
P.O. Box 5291
Everett, WA 98026
vs
Stephanie J. Seymour
Defendant/Respondent
This is to notify you that the above case has been set for Non-Jury trial on May 15, 2008
at 9:00 am, in the Superior Court, Presiding Judge's Department, Courthouse Building.
Court Administrator
Snohomish County Superior Court
IMPORTANT NOTICE: Your attention is directed to SCLR40(d) and CR 4l(e) which read as follows:
SCLR 40(d) TRIALS - CONFIRMATION
It shall be the duty of each attorney of record or party pro se in a case set for trial to jointly or
separately confirm, no sooner than 12 noon of the first court day of the week (4/28/2008] and no later
than 12 noon of the last court day of the week (5/2/2008] two weeks prior to the trial date, in such written
form as approved by the court. The court may strike the trial date and may impose sanctions and/or terms
against the parties or counsel for failure to so confirm.
CR 41(E)
Notice of Settlements. If a case is settled after it has been assigned for trial it shall be the duty of
the attorneys or of any party appearing pro se to notify the court promptly of the settlement. If the
settlement is made within 5 days before the trial date, the notice shall be made by telephone or in person.
All notice of settlement shall be confirmed in writing to the clerk.
UTILIZE THE NEXT PAGE OF THIS LETTER ORA COPY THEREOF
AS THE FORM FOR CERTIFICATE OF TRIAL CONFIRMATION
•
•
TO:
Norman Besman
Attorney at Law
20016 Cedar Valley Rd., Suite I 06
Lynnwood, WA 98036
vs
Stephanie J. Seymour
Defendant/Respondent
This is to notify you that the above case has been set for Non-Jury trial on May I 5, 2008
at 9:00 am, in the Superior Court, Presiding Judge's Department, Courthouse Building.
Court Administrator
Snohomish County Superior Court
IMPORTANT NOTICE: Your attention is directed to SCLR 40(d) and CR 4l{e) which read as follows:
SCLR 40(d) TRIALS- CONFIRMATION
It shall be the duty of each attorney of record or party pro se in a case set for trial to jointly or
separately confirm, no sooner than 12 noon of the first court day of the week [4/28/2008] and no later
than 12 noon of the last court day of the week [5/2/2008] two weeks prior to the trial date, in such written
form as approved by the court. The court may strike the trial date and may impose sanctions and/or terms
against the parties or counsel for failure to so confirm.
CR 41(E)
Notice of Settlements. If a case is settled after it has been assigned for trial it shall be the duty of
the attorneys or of any party appearing pro se to notify the court promptly of the settlement. If the
settlement is made within S days before the trial date, the notice shall be made by telephone or in person.
All notice of settlement shall be confirmed in writing to the clerk.
UTILIZE THE NEXT PAGE OF THIS LETTER OR A COPY THEREOF
AS THE FORM FOR CERTIFICATE OF TRIAL CONFIRMATION
F\LEO
zonsJAN-8 PM\: 13
\\\\\\\\\\\\\\ \\\\\\\\ \\\\\\\\\\Ill\\\\\\\\\\\\\\\\\
CL 12731895
\Il \ ~ SONYA J. KRASKI
COUNTY CLERK
SNOHOMISH CO. WASH.
1
2 •
·
1---.,(('i:'i- S T A 7 ' , e a . . - - - - - - - - - - - - - - - - - ,
~ft.
t4 .,
-
$
~~t;
'!,
SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
--'-".<llssg"t\0
3
4 In Re the Marriage of:
AMANA I.K.M. FISHER NO. 05-3-02756-0
5
Petitioner,
6 and NOTICE OF UNAVAILABILITY
7
STEPHANIE J. SEYMOUR
8 Respondent.
9
10 TO: Clerk of Superior Court of Washington, Snohomish County
12
13 YOU ARE HEREBY NOTIFIED that Norman S. Besman, will be unavailable for any
14 proceedings in the above-captioned matter between the dates of February 13, 2008, through and
15 including February 25, 2008, as he will be out of the office during that time. Opposing
16 counsel/party's courtesy in scheduling no matters to be heard before March 5, 2008, would be
17 professionally appreciated.
18
DATED: _.. ~l--~~-·-~-=-~~
19
20
21
~'-'"l_\\\~~~
NORMANS. BESMAN, WSBA #12585
22 Attorney for Petitioner
23
24
NOTICE OF UNAVAILABILITY NORMANS. BESMAN WSBA #12585
25 PAGE I OF I 200 I 6 CEDAR VALLEY ROAD, SUITE I 06
NSB-FISHER-113/08 LYNNWOOD WA 98036-6332
26 (425) 672-3410
FAX (425) 744-0456
27
ORIGINAL
•
F~LED
. \\\\\\\\\~\ \ \ ~\In\ \ ~\ \ \ \11\\U\I\\\\\\\Ill\\\\ 08 MAR -f.i PM 4: 41
CL 12561225 SOHYA KRASKI
2 COUiHY CLERK
SNOHOMISH CO. \'IASH
3
6
IN THE SUPERIOR COURT OF THE STA TE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
11 and
12
STEPHANIE J. SEYMOUR,
13
Respondent
14
15 TO: THE CLERK OF THE ABOVE-ENTITLED COURT; and
TO: NORMAN S. BESMAN, Attorney for Petitioner
16
I STA TE that:
17
I. I am Rebecca J. Torgerson ofBrewe Layman, Attorneys at Law, Attorneys for the
18 Respondent.
BREWE LAYMAN
Attorneys at Law
A B ofe i al Service Corporation
By.d-,,14f!,~~,,,L.rr4,'p.'&
R ecca 1. Torgerso
WSBA 32956
Attorney for Respondent
BREWE LAYMAN
Altorney~ at Law
A Professional Sen-icu Corporation
6
fN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 rN AND FOR THE COUNTY OF SNOHOMfSH
11 and
12
STEPHANIE J. SEYMOUR,
13
Respondent
14
22
23
24
NOTICE OF DEMAND FOR
DISCOVERY CONFERENCE- I
ORIG,NAL
BREWE LAYMAN
Atlorneys at Law
A Profruional Sen Ices Corporation
~
333 COBALT BUii.DiNG
Jt/e,-
/
3 conference on or before the close of business hours on said date, Respondent will proceed with a
9 B Y-1--,1111.t£'f//1_U([J_~(!_!__
1. Torgerson, WSBA 32956
Attorney for Respondent
IO
II
12
13
14
15
16
17
18
19
20
21
22
FILED
08 HAY - I AH IQ: 02
SONYA KRASKI
2 COUNTY CLERK
SNOHOMISH CO. WASH
3
4
\llllll\ 11111111111111111111111111111111111111111111\Ill1111
5 CL 12557639
6
IN THE SUPERIOR COURT OF THE STA TE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
15 A General Order dated FEBRUARY 20, 1986, restricts removal of court files and records
from the courthouse to members of the Washington State Bar Association in good standing.
16 SCLCR 79 states removal of records should not exceed l 0 days.
17 It is hereby Ordered that KRISTA E. STIPE may remove the court file (including the GR
22 file) above mentioned from the custody of the Clerk's Office for a period of seven (7) days.
18 ~
DONE IN OPEN COURT this£ day of May, 2008.
19
20
21
22
23 BREWE LAYMAN
ORDER AUTHORIZING REMOVAL OF COURT FILE Attorne)'S 111 Law
A Prorenional Sen·ices Corporalion
24
IGI ~l AL ,
333 COBALT BUILDl°"G
25
0R
I"---- - ---··- ...
--~ ~----
3525 COLBY A VENUE
P.O.BOX 488
EVERE1·r, \\'ASHJNGTON 98206-0488
Telephone (425) 252-5167
26 F11csimilc (425) 252-9055
Presented by:
2 BREWE LAYMAN
Attorneys at La\\'
A Professional Services Corporation
3
By~
4
5 KristaSliie:WSBA.3./i7
Attorney for Respondent
6
10
11
12
13
14
15
16
17
18
19
20
21
22
23 BREWE LAYMAN
ORDER AUTHORIZING REMOVAL OF COURT FILE Attorne)"S Ill Law
A Professional Services Corporalion
24
333 COBALT BUILDING
3525 COLBY A VE;-.;"UI-:
25 P.O .BOX 488
E\'ERETr, \\/ASlllNCTON 98206-0488
Telephone (425) 252-5167
26 Fucsimile (425) 252-9055
'. FILED IN OPEN COURT
May 15, 2008_
" Sonya Kraski
Illlllll llllll Ill lllll l l l lllll lllll lllll lllll lllll llll llll
CL 13088664
By•~
DePUtYCierk
The Court will render an oral decision in this matter on June 13,
2008 at 9:00 a.m. Department 1, Judge Castleberry
'~i
1 TRIAL MINUTES
Amana Fisher and Stephanie Seymour, 05-3-02756-0
2 TRIAL MINUTES
Amana Fisher and Stephanie Seymour, 05-3-02756-0
2:17 The Court directs questions to the witness, Mary Jane Seymour.
2:18 STEPHANIE SEYMOUR called by the Respondent, sworn and testified.
3:15 Court in recess.
3 TRIAL MINUTES
·- .. I
1111111111111Ill1111111111111111111111111111111111111111111
CL 13088602 ORIGINAL
• 2
3
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SNOHOMISH
9
~-------------~>
10
11
- 14
15
16
(Taken Upon Behalf of Respondent)
May 2, 2008
17
18
19
20
DEPOSITION FILED & PUBLISHED
21 IN OPEN COURT THIS
22
l~hday of m~ '20 0 g
SONYA RASKI
23 COUNTY CLERK
24 _.u:l'...i.rO~cCubll.l\J.<:J"'4----Deputy
25
3
FOR THE PETITIONER:
4
MR. NORMAN S. BESMAN
5 Attorney at Law
6 20016 Cedar Valley Road, Suite 106
7 Lynnwood, Washington 98036
8
10
FOR THE RESPONDENT:
11
MS. REBECCA J. TORGERSON
12
Attorney at Law
13
Law Offices of Brewe Layman
14
333 Cobalt Building
15
3525 Colby Avenue
16
P.O. Box 488
17
Everett, Washington 98206-0488
18
19
20
REPORTED BY:
21
MR. PAUL W. RODE
22
Certified Court Reporter
23
Offices of Paul W. Rode & Associates
24 720 East Casino Road
25 Everett, Washington 98203-6555
3 PAGE NO.
EXAMINATION
4
5 5
DIRECT by MS. TORGERSON
6
10
II PAGE NO.
EXHIBITS DESCRIPTION
12
13 26
1 Social Security Statement
14
dated September 12, 2002
15
(3 pages)
16
17 91
2 Quit Claim Deed dated 7/27/01
18
(1 page)
19
20
21
22
23
24
25
10
11
3 fair.
4
II
5 They have the same donor father so they are half
A
6 brother and sister. I came into their life when Tara
7 was under six months old and Jamieson was two, so I
8 consider them my own children.
9 (by Ms. Torgerson) And you would agree that to the
Q
10 extent that you parented her other children, she also
II parented your child Si?
12 A Yeah, not requiring as much attention at the age he
13
•
was at, you know what I mean .
14 He was older?
Q
15 A Yeah, considerably older.
16 Do you know how old Jamieson is?
Q
17 A Jamieson just turned 18 years old.
18 And do you know how old Tara is?
Q
19 A Tara is, let's see, 16 and she catches up in December
20 to one year behind him.
21 Do you continue to have contact with them?
Q
22 A Definitely.
23 Are you seeking any court ordered residential time
Q
24 with Jamieson or Tara?
25 A No. No, they're both almost grown.
12
•
13 stopped using alcohol and an occasional puff of
14 marijuana.
15 Q So do you recall a specific date that you stopped
16 using?
17 A Well, 2005 it all blew up. It blew up before that,
18 let's say the middle of 2004.
19 Q And that was the last time you used illegal drugs?
20 A Yes.
21 Q When was the last time you consumed alcohol?
22 A Gosh, I got a real distaste after watching what
23 happened to her. Maybe a month ago.
24 Q A month ago?
25 A You know a beer at a party when everybody was having a
13
14
15
16
17
18
19
20
21
22
23
24
25
•
13 and lost my income there .
14 I am going to hand you what has been marked as
Q
15 Exhibit No. "l". (Handing) This is a copy of your
16 Social Security Statement dated September 12, 2002.
17 If you flip to page three, this is a statement that is
18 generated by the government that lists out what your
19 Social Security earnings are.
20
A Right.
21 Does this represent what your historical earnings have
Q
22
been?
23
A No.
24 The reason it doesn't represent that is because you
Q
25 haven't filed your taxes during those years?
26
6 From 1998 to 2004 did you file joint tax return every
Q
7 year?
8 A We got behind after the accident two years, maybe
9 three years, and then finally filed again I believe
10 from, could you repeat that?
II During the period of 1998 to 2004 have you filed tax
Q
12 returns for each of those years, whether on time or
•
13 late?
14 I believe we filed joint, that would seem about right,
A
15 that we filed jointly on those, you know, in that
16 period of time.
17 Do you recall whether those tax returns reflected
Q
18 income that you had received through either
19 entertainment or other?
20 No, they did not.
A
21 That's why there's no income listed for 1998, 1999 or
Q
22
2000 on --
23
A (Interposing) Correct.
24 (Continuing) -- this Exhibit?
Q
25 I was largely involved in child rearing and an
A
27
28
•
13 Q Did Stephanie always have a separate bank account from
14 1998 to 2004 or 2005 when you separated?
15 A I was able to sign checks on the account, I don't know
16 exactly what you mean by separate.
17 Q In terms of the joint account, the account that you
18 refer to as a joint account, --
19 A Right.
20
Q (Continuing) -- was your name on that account or were
21
you simply a signer on that account?
22
A (Interposing) Oh, I was a signer.
23 Q Okay.
24 A My name was not on that account.
25 Okay. And so ...
Q
29
30
•
13 A Yeah, no, I believe that happened when all of our --
14 during the legal separation.
15 Q Would you write checks on Stephanie's account every
16 month?
17 A Oh, sure.
18 Q Where would you be writing checks to generally?
19 A School lunches, rent payment, electric bill, whatever
20 was basically -- you know, maybe a grocery store, as I
21 did with my account as well.
22 Q Did you have a debit card on that account?
23 A I think so.
24 Q You are currently substitute teaching for employment
25 at this point?
31
L
A I have two jobs at this point.
2 Q (Interposing) Okay. What are your jobs?
3 My jobs: I'm a Substitute Para-Educator which is an
A
4 uncertificated help for the school, and I'm a
5 Technical Assistant for the Northshore Performing Arts
6 Center.
7 Q In terms of your Substitute Para-Educator position, is
8 that a full time job?
9 No. It depends on what you mean by -- it does not
A
10 include benefits, most days I can find a position that
11 fills a week with almost too many hours for me.
12 You don't have difficulty finding an available
Q
13 substitute position on a day to day basis?
14 Sometimes I have. Most of the time it's not a
A
15 problem. So far. That could change if teachers are
16
laid off from school closure in the Northshore
17
District, you know they may all of a sudden preempt me
18
in those positions.
19
Q When you are working as a Substitute Para-Educator
20
what is your work schedule?
21
A I usually try to get a six and a half hour shift that
22
starts anywhere from 6:45 in the morning till as late
23
as 3:30, looking to be there for my daughter after
24
school.
25
Q Are you on the Substitute Para-Educator list in
32
•
Q Since September of 2007 or when Samantha started going
14
to school have there --
15
A (Interposing) Oh, no. September because school had to
16
be on, I think school started on August 31st.
17
Q So since that time have there been periods of time
18
where positions weren't available for you to take?
19
A Oh, yes.
20
Q Do you know if positions would have been available had
21
you had your name on a list at another school
22
district?
23
A No.
24
Q Are you paid an hourly rate?
25
A Yes.
33
34
35
3
A Right. Well, I don't know, that's where I end up
36
37
38
days.
2 Q Have you applied for full time employment anywhere?
3 A Yes.
4
Q And where have you applied?
5 A Northshore School District.
6 Q What position did you apply for?
7 A Para-Educator.
8 Q Were you denied that position or are you
9 A (Interposing) It's an open pool and when they have
10 need they look in the pool and call you in for an
11 interview.
12 Q So you have submitted your application and when --
13 A (Interposing) Right.
e 14
15
Q (Continuing) -- it's needed and they want to offer you
a position?
16 A (Interposing) Right. And an application as a bus
17 driver.
18 Q With Northshore School District?
19 A With Northshore School District.
20 Q If you were hired on as a full time Para-Educator do
21 you know what your rate of pay would be?
22 A About the same with benefits.
23 Q With benefits. What about the bus driver position?
24 A Sixteen fifty (16.50), something like that. But it
25 would require putting my daughter in daycare both
39
40
41
•
13
42
20 A When she was on call during the first two years with
21 Intermec and, you know, I don't know when she got
22 exactly out of technical support on call, you know,
23 she was on call.
43
44
3
Q
A
dismay.
45
18
never heard back from the person. I bumped the car in
19 I be1ieve the damage to their car was
front of me.
20 not a concern enough for them to make a c1aim.
21 Did Samantha receive any injuries as a resu1t of that
Q
22
car accident?
23 I didn't -- I be1ieve Stephanie checked her out and
A
24 She jarred forward, you know,
there were no injuries.
25 I mean I don't know what to say, you
it was a bump.
47
48
3
A
Q
She doesn't take it every day at her mother's either.
18 McDonal.d's?
19 A I saw the need for more heal.thy diet. I was very
20 frustrated when parenting Jamieson and wanting to
21 encourage him to eat sal.ad to have a heal.thy diet that
22 I was tol.d feed him whatever he'l.l. eat, tater tots and
23 hamburgers, and you're not in charge of his diet.
24 That was frustrating to me.
25 Q Do you bel.ieve that his eating fast food caused him to
49
so
51
52
53
14 / /
54
55
following?
particular needs.
Right.
What schedule have you been following in terms of the
you as far as
56
10 Right.
Q
11
A Yeah.
12 Q That's okay with you?
13 A That works, yeah.
14 What about the proposal regarding Spring Break and
Q
15 Midwinter Break being alternated between the two of
16
you?
17 Yeah. I mean Stephanie seems to work during those
A
18 breaks for Samantha so its been you know with her
19 going -- I tried to be available to cover her during
20 the five days when I'm also off from school employment
21 and have her take the weekends, but whatever. I mean
22
on paper it works I guess.
23 So you are agreeable to that as proposed?
Q
24
A Sure.
25 The paragraph 3.5 is the Summer Schedule/Vacation. It
Q
57
58
59
60
61
62
3
A
that she's abusing alcohol?
I believe that's the reason she has kept me so far
away and not answered calls that I may not have any
4 connection to that.
5 Q What sort of restrictions other than what we have
6 indicated in this Proposed Parenting Plan do you
7 believe are appropriate in a Parenting Plan?
•
13 you those rights?
14 A I guess I could go to Child Protection Services or
15 just go and get Samantha if that happens.
16
Q Other than that, what other provisions would you
17 propose in a Parenting Plan?
18 A I would like to do you have something about
19 Stephanie being in total control of Samantha's medical
20 needs?
21 Yes.
Q
22 A I think that we need to share that.
23 Q Okay. You don't agree with sole decision making?
24 A I don't agree with, right.
25 Q But you also don't have any objection to her seeking
63
I
medical care?
2 A (Interposing) Medical, no, I don't. I don't. I would
3 like to be involved in the decision of -- I feel a
4 tendency for use of over-prescription medications in
5 Stephanie's case and would like to be involved before
6 she puts Samantha on prescriptions. There was a shot,
7 an immunization shot, that she went ahead and got
8 Samantha a flu shot I believe it was and then on the
9 news report immediately like two days later I saw all
10 sorts of information about that being a concern.
11 Q Do you not agree that she should get her
12 immunizations?
13 A It depends on the immunization and the reports
14 surrounding it.
15 Q Where do you get your information regarding it?
16 A From most of the main stream sources, you know, from
17 CNN or you know what I mean, places that are like all
18 of a sudden -- you got it, I mean places that -- main
19 stream sources.
20 Q What immunizations do you not agree with that Samantha
21 should not receive?
22 A I have some concern about flu shots.
23 Q Any others?
24 A Not really. Mumps and Rubella, those seem like
25 they're good.
64
65
66
II
single element of this. The things that immediately
12 flagged in a quick scan I believe: Full rights to
13 remove Sammie in the event of -- pain killers and
14 alcohol and are not a good picture. We're only on one
15 page or are we going through this whole section?
16
Firearms I said.
17
Q Well, I could go through the whole Parenting Plan, but
18
I touched on the residential schedule provisions. You
19
have indicated that you don't want Stephanie to have
20
sole decision making regarding non-emergency medical
21
or dental care.
22
A Right.
23
Q Do you have any objections to joint decision making on
24
those issues, on the issues --
25 (Interposing) No, I think she should be involved in
A
67
68
69
70
71
72
•
13 A Wait a minute. What income -- would you say that
14 again?
15 Q I am looking at your pay stubs that you provided from
16 Northshore School District and i t indicates that in
17 March of 2008 your gross income was $2,382.19.
18 A Okay. You're trying to find a percentage of that?
19 Q No. And in February of 2008 your gross income was
20 $2,593.06.
21 A Right.
22 Q So what I am asking is: Do you think that that's an
23 appropriate number, those numbers are on the level
24 with what income should be used for calculating child
25 support on your side?
73
3
A
A
Oh, no. No.
•
13 you know, I'd say -- what was the number you said?
14 Q For our proposal we used $2300 as a gross.
15 A Twenty-three hundred dollars? God, I wanted all this
16 to change. I don't know. I'll have to think about
17 that and try to balance it out.
18 Q Do you disagree with the income calculation for
19 Stephanie using 101 as her salary?
20 A Well, she's planning on marrying Steve, there's a
21 place where you throw in other people that are in the
22 household and there's nobody written there and he
23 makes a hundred thousand dollars a year as well. I
74
•
13 at lunch."
14 Q Do you agree that Stephanie does provide medical
15 insurance for Samantha?
16 A Yes.
20 A Sure.
21 Q Have you calculated under the current residential
22 schedule the number of overnights that Stephanie has
23 with Samantha?
24 A You had that all written in here. At one point I
25 looked at it when I wanted to change the -- I don't
75
•
do you agree that you each would be proportionally
14 responsible for any work related daycare or
15 educational cost or the summer camp/activity expenses
16 for Samantha?
17 A My inclination is in reference to summer and camps
18 like that that: You do what you want to do for her and
19 I will; I just don't want to end up in a situation
20 where we are constantly: Here's my bill for this,
21 here's my bill for that, because I know around money
22 she has a freak-out zone, you know what I mean.
23 Q So would that also apply to daycare where you be
24 responsible for the daycare that you incur?
25 A I would much prefer that it be included in the child
76
•
A Right. And I don't know how the numbers all work.
14 In terms of including the daycare amount in the child
Q
15 support transfer payment you testified that your
16 daycare amount fluctuates month to month though.
17 In general, yeah. That's why I would kind of
A Right.
18 like go: Okay, let's see, if it averages when I have a
19 week of vacation included $120 for my daycare, you
20 know, let's go, okay, and then I cover all of
21
Samantha's lunches which is like 50 bucks a month, you
22
know what I mean, and her school lunches which are
23 Those are the only two main things
just expenses.
24
that having her during the week impair me with
25 financially. And somehow I'm thinking: Okay, that's
77
•
13 In terms of assets, we have also proposed a division
Q
14 of assets and debts. Under this Proposal you each
15
would be awarded the bank accounts in your name. Do
16
you disagree with that? You have your own bank
17
accounts in your name and she has her own bank
18
accounts in her name. Do you disagree with that
19
division?
20
A No.
21
Q There are no joint bank accounts. Is that correct?
22
A Yes. Yes, there are no joint bank accounts.
23
Q In terms of vehicles, you have two vehicles: A Ford
24
van and a Toyota Calica. Is that correct?
25
A Yes.
78
79
80
81
3 Q
I would prefer to say that, if that's easy, you know,
just because.
82
83
84
85
86
3
Q
sitting with -- what did I say, transferred to ...
87
88
89
90
•
13 Q I am going to hand you what has been marked as
14 Exhibit "2". (Handing) Is this the Quit Claim Deed
15 that you signed July 27th of '01?
16 A I was required to sign papers in order to get the
17 I was not aware it was a Quit Claim Deed
loan.
18 because I had nothing to deed.
19 Does it indicate that you are quit claiming it to
Q
20
Stephanie Seymour?
21
A This doesn't make sense to me. I'm sorry.
22
Q What doesn't make sense to you?
23
A I guess I signed whatever was necessary for us to get
24
the loan that we needed to buy a house for our family.
25
I don't understand, I was told that I could not be on
91
92
93
94
95
13
house that required new carpet, a new electrical
14
system, a rotten roof, you know.
15
Q Did you personally re-roof the house?
16
A I basically -- I did not personally re-roof it. I
17
personally did most -- I did not re-roof it and I did
18
not put in the electrical panel. Otherwise I helped
19
the roofers, I overlooked the roofers. I put in
20
skylights. I kept them -- I refaced places where it
21
was rotten and they were, you know, I was largely
22
involved.
23
(Reporter changes paper.)
24
(Off the record.)
25
II
96
3
Q
A
(by Ms. Torgerson) Do you have any opinion as to what
No.
4 I know what i t was worth at the point of our
5
separation.
6
Q And what was that?
7 I estimated i t at about 320, which I think is a very
A
8 The house next door sold for
reasonable estimate.
9
480.
10
Q At the time of separation?
11
A At the time of separation.
12
Q Do you believe that that number has since decreased as
13
a result of the market?
14
A That is not my concern.
15
Q Okay.
16
A If things were separated at the time of separation, I
17
believe it should have been settled at that point in
18
time.
19
Q Do you have an appraisal?
20
A Do I have an appraisal?
21
Q Yes.
22
A I thought we -- I do not have an appraisal. I was
23
shipped out.
24
Q You have not gotten an appraisal in terms of in the
25
context of this case?
97
21
22
23
24
25
98
e
13 and that I am not financially interested in the said action
14
or the outcome thereof;
15
That AMANA MERRITT FISHER was duly sworn before
16
testimony was taken to testify to the truth, the whole
17
truth and nothing but the truth;
18
That the transcript is a true record of the testimony
19
given by the deponent AMANA MERRITT FISHER;
20
IN WITNESS WHEREOF, I have hereunto set my hand and
21
seal this 15th day of May, 2008.
22
23
PAUL W. RODE, CCR, NOTARY PUBLIC
24
My commission expires 11/26/09.
CCR# 299-06
25
99
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To qualify for benefits, you earn "credits" through yuuj- We can't J)iovide'yoiir actual benefit amount until you'
work - up to four each year. This year, for eicample, you apply for benefits. Ami dull Hii• '*
1 aqr difti:r &om die .---.
earn one credit for each $870 of wages or self..,mplayment "'' edf'.:'~bclawl - .
income. When you've earned $3,480, you've earned )'OUI' (1) Your earnings may iru:naSe or decrease over the years.
four credits for the year. Most people need 40 credits. (2) Your benefit figun:s shown here are only estimates
earned over their working lifetime, to receive relin:ment based on <:Urrent law. The laws governing benefit amounts
benefits. Young people need fewer credits to be eligible for may change because, by 2041, the payroll taxes collected
disability and survivor.; benefits. will be enough to pay only about 73 perant of
We checlred your records to see whether you have earned benefits owed.
enough credits to qualify for benefits. If you haven't (3) Factor.; such as a pension for ~ not coiCI ul by
earned enough yet to qualify for any type of benefits, we Social Secwil;)o, 1111me mll.lbu:v 8Cl"l'!ce or credlt for
can't give )IOU an estimate now. If you continue to work. railroad employment may affect your benefit amount.
we'll give you an estimate when you do qualify_ Generally, estimates for older workers are more accurate
Whal - ' - If you have enough work credits, we than those for younger worker.; because they're based on a
estimated your benefit amount using your avenge ·
earnings over yoilr working lifetime. For 2002 (and your longer earnings history with fewer uncertainties such as
earnings up to retirement), we assumed you'll continue to earnings fluctuations and future law changes.
work and make about the same in futun: year.; as you did These estimates are in today's dollars. As you receive
in 2000 and 2001. We also included credits we assumed benefits. they will be adjusted for cost-of-living increases.
you earned last year·and this year.
"' Retirement To get retirement benefits, you need 40 credits of work. Your record shows you have at least 10
credits at thiS time, including assumed credits for last year and this year if you continue to work.
I •
I
c.
"' Dlsahlllty To get benefits if you bec0me disabled right now, you need 24 credits of work. Your record shows
you have at least 10 credits at this time. · ·
"'Family !fyou get retirement or disability benefits, your spouse and children may also qualify for benefits.
., Sunlvors For your family to get survivor benefits if you die this year. you must have 24 credits of work. Your
n:cord shows you have at least 10 credits at this time.
To get Medicare benefitS at age 65, you need the same number of work· credits that you need for
n:tirement benefits (shown above). You do not have enough aedits to qualify at this time.
We based )'Oar benefit atfmatea on thae factm
2-· . . . . .
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"
•
. ; .r ..-• Estimated taxes for Social Security;. Estimated taxes paid for Medicare:
C
;.~.s .n\~>\~(· 1 ~ 11 You paid: $325 You paid: $60
~J·'i;.
· Yo'ur employers paid: $325 Your employers paid: $60
Jllotel If JOU are •lf-cmplo,...t, you pay the total taJC oa yam aet Ul'Dlags.
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\ Q ... ·······..rnR RECORDING MAIL TO: - · - 200108010485
'•· .......... •' ,.·· ST;ifHANIE J, SEYMOUR 0810112001 o1:26 PM Snohomish
;.-4 .·'· 19°5"f'4, WINESAP 1.1\NE
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QUIT CLAIM DEED
Onmtor(1): JU.fAN;r'FI~.H'E~, .HUSBAND OF STEPHANIE J, SEYMOUR
O.rantoe(1): STeiilW<IE .J·: ···gE'tJ"lOUR, MM.RIED AS HER SEPARATE ESTATE
AbbrcviatedLezial:··'LoT'' e, .. .\LDE/lWOOD HOMES, v. 19, p 11? reco:cds of SNOHOMISH
County, WA .•· ...... ; ; ,",
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mB G~·~A,.FI.S1iER, HUSBAND OF STEPHANIE J. SEYMOUR
for md m constdentlon of~ -~D. f-!'n:~TION, TO ESTABLISH SEPARATE PROPERTY
conveys and qwt chuDlll lO S'[~i'~l.~ \~..· S~YMOUR, MARRIED AS H!:R SEPA.AA.T!: ESTATE
tho followina: described nal eata!e, 81~ .)D. ~e Coub,ty of SNOHOMISH Staie, of Wubma:tou, toa:ethec with
all after iO<fWced btle of l:he g~4)"S1\~ia: / ,.·· · '-.
LOT e, ALDERWOOD HOMES\. AC.CORDI?_.:IG TH~ PLl\.T THEREOF RECORDED IN VOLUME: ::o·
19 OF PLATS, PAGE 117, l-N, SNOHOMISH COUNTY, WASHINGTON.
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08 JUN I 0 Pl'\ 3: SG
SONYA \l.RAS\\I ·
COUNTY CLERK
SHOHOHISH CO. Wt>.SH
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 TN AND FOR THE COUNTY 01' SNOHOMISH
15
I, ALLYN GREG SEYMOUR, declare under penally of perjury under the laws of the
16 State of Washington that the following is true and correct:
17 I. I am the manager of the Seymour Family LLC and Stephanie Seymour's brother.
18 I provide this dee la ration based on my personal knowledge and in that capacity.
19 2. The Seymour Family LLC was fanned on November 16, 2004, when it was filed
20 with the Secretary of State. ·1 was the only member to sign the Certificate of Formation.
Stephanie did not sign the Certificate. I do not recall that I sent a copy of the Certificate of
21
22
5 6. l was the only member to sign the LLC Annual Reports. Stephanie did not sign
6 the annual reports and I do not believe I ever sent Stephanie copies of the annual reports.
7 7. The Se)onour Family LLC was fanned for the purpose of purchasing a piece of
8 real property on Whidbey Island, located al 3191 South Baby Island Lane, Langley. This
property is the only asset of the Seymour Family LLC. At the time the LLC was fom1ed in
9
November 2004, Stephanie was not financially able to contribute to the purchase. The property
10
was purchased for $230,000.00 in June 28, 2005, excluding closing costs and financing charges.
II
Stephanie's sister Kristen and I fronted all of the money for the purchase in exchange for a lien
12
against Stephanie's one-third (1/3) interest in the Seymour Family LLC. Per the terms of the
JJ
Promissory Note, the principal amount bears interest at 5.875% and requires payments ofS503
14
per month for fifteen ( 15) years at which time a balloon payment for the balance ($60,318.56) is
15
due.
16 8. Stephanie made payments of $503 per month on the Promissory Note. As of the
17 date of scparntion (September 12, 2005), the total amount clue under the Promissory Nole was
18 584,088.29. As of the date of trial, the total amount due under the Promissory Note is
19 580,929.29. Per the Promissory Note, this amount would go against any interest Stephanie may
9. Since the property was purchased, l alone have perfom1ed a significant amount of
21
work to shore up the foundation and make other improvements. Stephanie has not contributed
22
fumls or labor tuwarus these irnpruvc111cnls. When the property was purd1ased, the value of the
2
property was substantially less than the purchase price, which was based in part on the potential
3
for income from the property (it had previously operated as a bed and breakfast, but that business
4 was discontinued when the LLC purchased the property). I believe the property has not
5 appreciated above the purchase price and is in fact valued at below the purchase price, per the
6 June 4, 2008 appraisal. At present, the house is in a state of disarray, with the kitchen having
7 been torn out within the last few weeks. 1 I intend to bill the cost of materials and my time to
8 make these improvements to the Seymour Family LLC in the future; however, this has not yet
17
18
JJf£JdJJ~ff~\
'Tf:: ,----
19
AllYn dttjifSey1116ur
Manager, fytnof Family tLC
20
21
22 1
The appraisal is as or~1ilrch JO, 2008 before the kitchen re1nodel \vork began. If the home \Vere valued as of today
or even the date of trial, the value of the property would be much less than $240,000.00.
23 DECLARATION OF ALLYN GREG SEYMOUR, RR EWE LAYMAN
MANAGER OF SEYMOUR FAMILY LLC- 3 AllornfY' at L.aw
,\ Prorusion.a.I Stn·icts Corporation
24
333 COBALT BLJll,()J~G
25 3525 COLBY AVE~UI-:
P.O.UOX4811
F.VF:RETT, V.'AS111~GTO:"i 911Z064'RR
26 Telephone (42S) :252-5167
Facsimile (42!i) 2!i2-9055
F~lED
08 JUN I 2 PM ~: I 3
SONYA KRASKI
COUNTY CLERK
SNOHOMISH CO. WASH
15
16 Dated this l t v-.- day of June, 2008.
17
18
NORMANS. BESMAN, WSBA #12585
19 Attorney for Petitioner
20
21
22
23
24
25 MOTION TO CONTINUE HEARING DATE NORMANS. BESMAN WSBA #12585
PAGE I 20016 CEDAR VALLEY ROAD, SUITE 106
NSB-FJSHER-6111108 LYNNWOOD WA 98036-6332
26 (425)672-34!0
My attorney and I are trying to respond, but due to this and due to information I have
recently been able to obtain receive relative to the appraisal performed herein, I am answering as
best I can, but I am also seeking a continuance of the presently scheduled decision hearing date
of June 13th in order to pursue another appraisal of the property which I recognize I will need to
pay for from my own funds and will.
I understand that there can be difficulties in doing appraisals for properties for which
there are not a lot in the way of comparables. In reviewing the Elia appraisal with a Whidbey
Island realtor, well-familiar with property on the island, including the Baby Island Road area, as
well as the other three areas in which the comparables were drawn, it was her opinion that the
value for the Baby Island Road property was understated, even given the current real estate
market. This property is in a neighborhood of the island that is more valuable than that of any of
the comps set forth. Even the property on Holmes View Drive, less than a mile away, is located
in a noticeably lower income and less desirable neighborhood.
I have since been in contact with another Whidbey Island appraiser, Robert Craige, who
can start on an appraisal promptly, but cannot expect to have a completed result for
approximately one week. (This timeframe is further complicated by my attorney's absence from
his office between June 23 and July 2; his first day back will be July 3, 2008, and the next day is
Friday, the Fourth of July.)
I am not asking this court to simply raise the value to be assigned to the property based
upon my "hearsay'' representation above, just as it ought not to reduce its value based upon the
•
declarations of the three Seymours. What I would seek is the opportunity to pursue another
appraisal to obtain a second opinion and a continuance of the current hearing.
In terms of the three Seymour declarations, they are basically cut out of the same piece of
cloth. It is interesting to note, however, that Jane Seymour states the purchase price was
$260,000, and Greg Seymour and Stephanie Seymour state it to have been $230,000. I cannot
specifically recall the actual amount, but would affirm that it was somewhere in that ballpark.
As stated in Jane Seymour's declaration, and as was earlier presented to the court in the
May 19, 2008, joint letter from counsel, it was Jane Seymour who identified this new
information to Ms. Torgerson, not Stephanie Seymour. Despite inquiry at her deposition and
inquiry at trial about this asset, or any relationship thereto, which are exemplified by the
courtroom denials from her, respondent now concedes that there is ownership, albeit of negative
value.
She asserts in her declaration, however, that she understood she had no interest in the
LLC until the Promissory Note was paid off, but at no time during the trial (or deposition) made
any disclosure of the existence of the Promissory Note. All three declarations seem to say that
she has continued to pay the sum of $503 monthly on the note, so her failure to reflect this on her
Financial Declaration at trial, Exhibit 29, suggests a lack of candor on her part relative to the
entire issue of the Whidbey Island property. (In her 10/28/05 Financial Declaration from the
beginning of this case, there is noted an $80,000 debt to G. Seymour; he is known in the family
as Greg rather than Allyn.)
While I know that my statements and recollections are always being out-numbered in this
matter, I must also dispute the declaration representations that the property was never used for its
earlier commercial purposes after its purchase in June 2005. It was continued to be used for the
same commercial purposes, whether it would be designated as a B&B or as a vacation rental.
The seller had rented the house regularly, and her former clients were passed on to the new
owners, the LLC.
•
I can be certain that it continued to rent out for weekends and for weeks after it was sold
in June 2005, based upon my having personally greeted newly arriving clients, and gone to the
property multiple times with Stephanie and our children, to perform post-rental clean-ups and
pre-rental touch-ups before and after renters came to stay there. While it may be precisely true
that it was not operated as a B&B, it was still being operated as a commercial vacation home
rental enterprise even after our separation in September 2005.
This may not be the most significant issue in our case, but the seemingly consistent
pattern of misstatements made by or on the respondent's behalf has been very upsetting and
aggravating to me. I can only hope that this court will consider this attitude in weighing the
differences about the differing testimonies on the important issues in this case.
AMANA FISHER
SUPERIOR COURT OF
WASHINGTON
~Jnlt?L ~,d)
SONYA KRASKl
FOR SNOHOMISH COUNTY COUNTY CLERK
ACTION: HEARING
HEARING STRICKEN/CODE:
DOCUMENTS FILED:
ORDERS ENTERED:
1 MINUTE ENTRY
/
\.
111111111111111111111111111111111111111111111111111111111111 FILED
CL12857193
08 JUL -8 PH 4: 39
SONYA lrnASKI
COUNTY CLERK
.SHOHOHISH CO. WASH
Since the last court hearing I have been in contact with two appraisers on Whidbey
Island relative to obtaining a valuation of the property on Baby Island lane - Lew Van
Sant and Robert Craige. After having reviewed Mr. Elia's appraisal, each of the
appraisers expressed some concern about how comparable the comps he used were, but
also acknowledged that there were probably no better comps to use. Based upon the fact
that the house is presently under renovation, even Mr. Elia had to use representations
made by the owner(s):
'This appraisal is based on information given at the time of inspection
concerning the condition as of April 30, 2008." (Elia Appraisal p.1 ),
and further based upon the dearth of comps, particularly with respect to the area in
which the subject property is actually located, I must reluctantly concede to this
court that I can offer no additional professional opinions relative to the value of the
Baby Island property, and will not oppose the petitioner's appraised value of
$240,000.
Page 2
I ask this court to take these additional issues, and the contexts in which they
arose, into consideration in making its decision in our case. I can no longer afford to
continue going further and further into debt to support this litigation and believe that it
would be best for me to accept what I have to accept and, move forward and not further
deplete the assets I will have and will need to raise and support our children.
VERIFICATION
I certify under penalty of perjury under the laws of the State of Washington that I have read the above statements,
know their contents, and believe them to be true and correct.
Signed in l YVlV!WO?J.,
r C:itv. State I
WA on
DOCUMENTS FILED:
ORDERS ENTERED:
PROCEEDINGS/COURT'S FINDINGS:
THE PETITIONER STIPULATES TO THE VALUE NOT BEING LITIGATED AND IS WILLING
TO ACCEPT IT AS A NEGATIVE VALUE.
COUNSEL HAS UNTIL CLOSE OF BUSINESS FRIDAY TO SUBMIT A MEMORANDUM TO THE
COURT AS TO HOW THE LLC PROPERTY FITS INTO ANY PROPERTY DISTRIBUTION.
RESPONDENT SHALL HAVE UNTIL CLOSE OF BUSINESS NOON TUESDAY THE 15TH TO SUBMIT
A RESPONSE.
1 MINUTE ENTRY
08 JUL 14 PM 4: 20
SONYA KRASKI
COUNTY CLERK
SNOHOMISIJ CO. WASH
SUPERIOR COURT OF W ASIDNGTON
FOR SNOHOMISH COUNTY
NO. 05-3-02756-0
Amana Merritt Fisher
Petitioner/PI ain ti flt s),
STATEMENT OF
vs.
Pursuant to the July 9, 2008, request of this court, Counsel for Petitioner provides
the following as Petitioner's position relative to how the Seymour Family LLC fits into the
property distribution to be determined by this court.
First, Petitioner accepts that the subject asset does presently appear to have negative
equity.
Second, Petitioner makes no special request to this court that the LLC asset/debt be
treated any differently than any other community asset or debt of the parties.
Third, Petitioner does not seek to have awarded to him the community asset of the
LLC and its related debt, but requests that they be awarded to the respondent/wife.
ORIGINAL
---- ---··---
--,
...... FILED IN OPEN COURT
2068
Illlllll llllll Ill lllll lllll lllll lllll lllll lllll lllll llll llll SUPERIOR COURT OF
CL 11075364 WASHINGTON
FOR SNOHOMISH COUNTY
Column Totals 9 0 0 0 0 0 0 0
Column Totals
ORIGINAL
L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.......;__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ J
JIJ
b7_
LIST OF EXHIBITS FILED
PAGE 2 of S
CASE NO. 05-3-02756-0
Amana Fisher VS Stephanie Seymour
PLTF/PTNR'S EXHIBITS DFDT/RESP'S EXHIBITS
INo. I Description I A I R I N I WII No. I Description I A I RINI w I
10 2 page copy, Washington x
Secretary of State
corporations Division -
Registration Data
Search for Seymour
Family LLC
Exhibits 11-25 not used
29 6 page original, x
Financial Declaration
of Respondent dated
5-14-08
32 7 page original, x
Mother's Proposed Final
Order of Child Support
Column Totals
0 0 0 0 Column Totals c 0 0 0
37 1 page copy, x
Addendum/Amendment to
Purchase and Sale
Agreement dated 6-29-01
41 1 page original, x
Citimortgage statement
due date 5-1-08
45 Original Multi-page x
booklet, Intermec 2008
Benefits overview
0 0 0 0 0 1 0
Column Totals Column Totals l:
Total No. Pltf/Ptnr's 0 Total No. Dfdt/Resp's 11
Exhibits Filed THIS Page Exhibits Filed THIS Page
CODES: A - Admitted; R - Re J ectec ; N - Not Ottered; w - Withdrawn
I --
[
I
0 0 0 0 4 0 1 0
Column Totals Column Totals
•
1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
2 IN AND FOR THE COUNTY OF SNOHOMISH
3
In re the Marriage of: )
4 )
AMANA l.K.M. FISHER, ) No. 05-3-02756-0
5 )
Petitioner, )
6 ) REPORTER'S TRANSCRIPT
and )
7
8
STEPHANIE J. SEYMOUR,
Respondent.
l)
ORIGINAL
9
• 13
14
15
Snohomish County Courthouse
July 17, 2008
,,
-r
\
16
rn
17 AP P E A RA NC E S 0
18
For the Petitioner: REBECCA TORGERSON
19 Attorney at Law
20
21
For the Respondent: NORMAN BESMAN
22 Attorney at Law
e 01'51,09
01,51,17
1
2
In terms of the history of the parties,
Mr. Fisher has a high school education. From about 1976
01,51,26 3 through the year 2001 he had no reported earned income.
01,51,30 4 He was part of the Love Israel sect and as such had no
01,51,52 5 reported income, although he did various activities and
01,51,50 6 jobs to earn a subsistence.
01,52,07 7 His avocation is essentially as an entertainer in
01,52,12 8 terms of magician/juggler. The most he's ever made in
01,52,10 9 any particular year is around 12 to $15,000. He now
01,52,27 10 works as a part-time para-educator earning approximately
01,52,35 11 $13.37 an hour, generally working about 25 to 30 hours
01,52,43 12 per week. He also earns additional income as a technical
13 assistant at a school district theater. When he entered
9
01,52,54
02,05,39 1 month with the credit, and I'm using round numbers, it
9 would be half of that, some $300 or so.
02,05,45 2
• 02,14 ,51 13 that I'm talking about from at least the period of time
02:14:57 14 of the commitment period to the date of separation,
02,15,03 15 should be acknowledged. There is no mathematical formula
02,15,09 16 that the court can utilize, but it seems to me that an
02,15,16 17 award of $10,000 is appropriate, and I would award a
02,15,26 18 judgment of $10,000 to Mr. Fisher.
02,15,29 19 Obviously I will adopt the agreed parenting plan
02,15,35 20 that has been proposed, and I will save that until
02,15,41 21 presentation of the findings of facts and conclusions of
02,15,46 22 law.
02,15,50 23 That concludes my remarks. Unless there is any
02,15,59 24 questions, as counsel know, the way I do the findings of
• 02,16,09 25 facts and conclusions of law is that I have the attorneys
19
20
21
22
23
24
25
-:5Jl1! '20 QZ
Jfth closing documents are signed by all parties, or their counsel, then in all likelihood the Court
will execute and file the originals and conform and return any copies provided. If there are modifications
by the Court to the agreed documents, the Court will notify the parties before proceeding.
Jn the event there is an objection to such proposed Findings of Fact and/or Conclusions of Law
the objecting party shall either: (A) provide the Court and opposing counsel with a copy of Proposed
Changes in Opposition which indicate all changes the objecting party proposes: deletions shall be shown
by a strike out and additions shown by underlining: or (B) provide the Court and opposing counsel with a
complete set of Alternate Proposed Documents. (The preferred method is the use of strikeout/deletion.)
Said objections must be served on opposing parties and filed with the Court no later than the ..&._f-1.....
day of ,l) ! l ~g,f: , 20Cii:r (Failure to make any written objections in the time set forth above
shall be consi :ed a waiver of objection and the proposed Findings of Fact and Conclusions of Law may
be entered forthwith.)
+""-Any response to said objections must be received by the Court and served on opposing parties by
28' day of fl, J oo '+- ,20 Q.%
After recei{J of the above, the Court will enter the closing documents.
by the court, no oral argument will be permitted.
~So,.~
Attorney for Plaintiff/Petitioner -
S:\forms\fcounopV:irdcn:mprcsenta1ion\rlc\doc
..
' . 'I
FILED
08 AUG I 3 PH 5: 04
SONYA KRASKI
COUNTY CLERK
SNOHOMISH CO. WASH
13
Petitioner, in so submitting, recognizes that the present issue before the court is
14
the production of final documents which conform to the July 17, 2008, oral decision of the court.
15
Any objections or clarifications, or the like, are understood to more properly be submitted as
16
17 Motions for Reconsideration or other relief after final orders enter herein.
18
Respectfully submitted this I 2'd day of August, 2008,
19
20
21
22
NORMANS. BESMAN WSBA# 12585
23 Attorney for Petitioner
24
MARK-UPS BY PETITIONER NORMANS. BESMAN wsba# 12585
25 20016 CEDAR VALLEYRD#I06
26
NSB-FISHER-8112/08 ORIGINAL LYNNWOOD WA 98036-6332
425.672.3410
FAX 425.744.0456
27
I
3
UNSIGNED
4
ORDER
5
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
16 I. I. HEARING.
17 A triai wru: held. on Ma:y 15, 2008 before the_ ~onorable Ronald L. Cast.leberry) '?\lY~
'-'-(K.i\.\~">.('6\ J{,c:,\.\bl~ 0 \;°"' \\\.~\.'-~~\~ eN\. 50~~\~:'.".:,\~ 0-5
18 1.2. BASIS. aj\:\I~.{>'\~(\ ~ '\:\.l\.~ <..00\£\.
_ ·- --·-- --::\1-,1,c1E;··-···· -·-----·-------- · ------
19 The findings are based on the trial decision of the Honorable Ronald L. Castleberry1
. . A "'-- ~,-sc_.,~, t<::S~· i,,;,~\\C.\i\. \S ·~.
20 1.3 ATTENDANCE. 6-\:\i3.LX\ec\. 'c\si.:~~ <:°"-".!-.(:\ '-"'CC\'~'\C'~~
21
~ \\l-\-'-'-~~ ~· \ -
The following people attended the 4ffia~g;-
22 -T-.'\D-.\ :
Fndngs of Fact and Cone! ofLaw (FNFCL) - Page 1 of9
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
A Profenlonal Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0 .BOX 488
EV ERETI, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252·9055
1 Petitioner, Amana Fisher;
.. ,
Petitioner's attorney, Norman Besman;
2 Respondent, Stephanie Seymour; and
Respondent's attorney, Rebecca J. Torgerson.
3 1..1.:s "cw.. ~,><;., ! .:fl~ Se.'-\"~~
II. FINDINGS OF FACT
4
Upon the basis of the testimony and the court record, the court FINDS:
5
2.1. RESIDENCY OF PETITIONER.
6
9 The respondent has appeared, responded or joined in the petition and was personally
served a copy of the Summons and Petition for Dissolution of Marriage on the 19th day
10 of October, 2005.
16 The parties were married on July 11, 1998 at Kenmore, Washington. The parties began
dating in the early 1990s and participated in a committed relationship ceremony on
17 September 9, 1995.
18 The Husband has alleged the parties were in a meretricious relationship from September
9, 1995 until their marriage on July 11, 1998. The Court has acknowledged both parties'
19 contributions during this period of time. The Court has accounted for this period of
cohabitation in terms of the division of property/debts as detailed herein.
20
2.5. STATUS OF THE PARTIES.
21
Husband and wife separated on September 12, 2005.
22
Fndngs ofFact and Canel ofLaw (FNFCL) -Page 2of9
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3)
.BREWE LAYMAN
Attorneys at Law
24 A Professional Servfce1 Corporation
'
1
2.6. STATUS OF THE MARRIAGE.
2
The maniage is irretrievably broken and at least 90 days have elapsed since the date the
3 petition was filed and since the date the summons was served or the respondent joined.
11 • A one-third (1/3) interest in the Seymour Family LLC. The Court finds this one-third
interest is valued at $79,200.00 and is subject to a Promissory Note in the amount of
12 $80,929.29. The Court finds this asset has no value.
15 • Any personal property acquired during the maniage, including, but not limited to,
clothing, jewelry, personal effects, furniture, furnishings, household adornments, and
16 tools
18 • The Husband's US Bank checking/savings accounts and any other bank accounts in
his name.
19
The wife has the following real or personal separate property:
20
• The Wife's BECU checking/savings accounts and any other bank accounts in her
21 name.
22
Fndngs ofFact and Canel ofLaw (FNFCL) -Page 3 of9
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3)
BREWELAYMAN
Attorneys at Law
24 A Profenlonal Senice1 Corporation
1 • A 2005 Hyundai Elantra, which was purchased just prior to separation and the lien
has been paid by the Wife since separation.
2
• The residence located at 19514 Winesap Lane, Bothell. The Court finds there is no
3 dispute as to the value of the residence and finds the value to be $300,000.00, with a
lien of$206,264.74. Thus, the net equity is $93,735.26.
4 The residence was purchased by the Wife in 200 I. The residence was
purchased in her individual name and the Husband executed a Quit Claim Deed at the
5 time of purchase. A significant amount of the down payment on the residence was
paid by the Wife from her separate property proceeds she received as a result of the
6 break-up of a prior relationship. The remainder of the down payment came from
money borrowed from the Wife's 40l(k).
7 The Husband alleges that during the purchase of the residence and thereafter,
he did major repair work on the home; however, the exhibits presented at trial reflect
8 that some of the work was contracted with third party contractors. The Court finds
that while the Husband may have been on site, a large degree of the work was done
9 by third party contractors. Even if the work had been done by the Husband, there was
no testimony offered by the Husband as any potential increase of value to the
10 residence. Further, none of the repair work was distinguishable from normal
homeowner maintenance in terms of manual repair. The improvements/maintenance
11 performed on this residence is not of the type that should be compensated for in the
context of this case.
12 The residence is the separate property of the Wife and there is no
community/equitable lien against the residence.
13
2.9. LIABILITIES.
14
There are no known community liabilities, other than the debt associated with the one-
15 third interest in the Seymour Family LLC.
16 The parties have separate liabilities incurred post-separation, which are in their own
separate names and/or are associated with assets awarded to them herein.
17
2.10. MAJNTENANCE/ALIMONY.
18
The Husband has a high school education. From 1976 through 2001 the Husband had no
19 reported earned income. The Husband was a part of the Love Israel Sect and had no
reported income though he did participate as various activities and jobs. The Husband's
20 avocation is as an entertainer, magician, and juggler. The Husband testified that the most
he earned in one year was approximately $12,000 to $15,000 per year. Now, as a part-
21
time para-educator, the Husband earns approximately $13.77 per hour working
.approximately 25-30 hours per week. The Husband earns additional income as a
22
Fndngs ofFact and Canel ofLaw (FNFCL) -Page 4 of9
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
A Professional Services Corporadon
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0 .BOX488
EVERETT, WASHINGTON 98206-0488
26 Telephone (425) 252--5167
Facsimile (425) 252-9055
I technical assistant at the school district theater. When the Husband entered the
relationship, he had no debts and no assets.
2
The Wife earned a Bachelor of Science from the University of Washington prior to
3 marriage. She is currently employed as an engineer program manager at Intermec, where
she began working in October 1997. At the· time of the parties' marriage, the Wife was
4 earning approximately $35,000.00 per year and now earns approximately $100,000.00
per year. The Wife has two (2) children from a prior relationship.
5
At the time of trial, the Husband requested payment for back spousal maintenance he
6
alleged was due under the Temporary Order. A Temporary Order was entered on
7 December 12, 2005, which provided for temporary spousal maintenance in the amount of
$750.00 per month, in addition to temporary child support in the amount of$750.00, for a
8 total payment of$1,500.00. Approximately three (3) months after the Temporary Order
was entered, the Wife ceased paying the spousal maintenance portion of the Temporary
9 Order but continued to pay the child support amount. The Wife testified that it was her
recollection that the commissioner below had mentioned it would be temporary spousal
10 maintenance. The Wife testified she relied on that information. Approximately one ( 1)
month after the Temporary Order was entered, the Wife's attorney withdrew from this
11 case.
Since approximately three (3) months after the Temporary Order was entered, the
12 Husband accepted the Wife's payment of temporary child support only in the amount of
$750.00. The Husband has not made any complaint to the court by way of motion or to
13 the Wife directly regarding the lack of payment of the temporary spousal maintenance,
except at the time of trial.
14
The Court finds that there was no demand for payment by the Husband at any
15 time prior to trial. The Husband's lack of demand for payment lends support to the
Wife's testimony that it was her understanding that temporary spousal maintenance
16 would terminate after three (3) months. The Court finds it is not fair to allow someone to
sit on his alleged right to payment, fail to timely demand payment for years and then
17 come to trial and request collection.
4 The Husband has requested an award of attorney fees in this matter. Wheµ considering
such a request, the Court looks at what would be reasonably necessary to prosecute this
5 case and present this case for trial. The Court also looks at the ability to pay. In this
case, the Court looked at the court file, the various issues that were litigated through the
6
course of this case and the issues at trial, considered the earning capacities of the parties,
and the distribution of assets. Based on those general principles, the C.ourt finds a
7
reasonable amount of attorne~ fee is $7,500.00J ~\,'. \C..\I\ ~.'> \"\N\(\ \::._o_ ~-l(\
8 · \:2;:.:.\ ~ ~\(' e..\'b "t:\J\..Q.. l\'-'5i.\~Gti\O
2.14. PREGNANCY. \ <
9
The wife is not pregnant.
10
2.15. DEPENDENT CHILD.
11
The child listed below are dependent or partially dependent upon either or both spouses:
12
Name of Child: Mother's/Father's Names:
13 Samantha Fisher Stephanie Seymour/Amana Fisher
14 2.16. JURISDICTION OVER THE CHILD/CHILD.
15
. This court has jurisdiction over the child/child for the reasons set forth below:
16
This court has exclusive continuing jurisdiction. The court has previously made a child
17 custody, parenting plan, residential schedule or visitation determination in this matter and
retains jurisdiction under RCW 26.27.211.
18
This state is the home state of the child because the child lived in Washington with a
·19 parent or a person acting a5 a parent for at least six consecutive months immediately
proceeding the commencement of this proceeding.
20
The child and the parents or the child and at least one parent or person acting as a parent,
21 have significant connection with the state other than mere physical presence; and
substantial evidence is available in this state concerning the child's care, protection,
22 training and personal relationships; and the child have no home state elsewhere.
Fndngs ofFact and Cone/ ofLaw (FNFCL) - Page 6 of9
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3)
BREWE LAYMAN
Attorneys at Law
24 A Proreulooal Services Corporation
8
III. CONCLUSIONS OF LAW
9 The court makes the following conclusions oflaw from the foregoing findings of fact:
JURISDICTION.
The court has jurisdiction over the parties, subject matter, and, property and obligations
of the parties.
DECREE.
DISPOSITION.
The distribution of property and liabilities as set forth in the decree is fair and equitable.
PREGNANCY.
PROTECTION ORDER.
I
3.7. ATTORNEY'S FEES AND COSTS.
2
The Husband should be awarded $7 ,500.00 towards his attorney fees to be paid by the
3 Wife.
11 The Court acc~pts and adopts the asset/debt worksheet proposed by the Wife at trial.
12 The Court is mindful that each party contributed to this marital community. The Court is
also mindful that the Husband had no assets when he entered this marriage and that the
13 Wife earned the vast majority of the income during the marriage. The Court recognizes
that the Wife is receiving the real property as her separate property and the Seymour
14 Family LLC, which has no value but is an asset. In order to give recognition of the
Husband's contributions from the date of the commitment ceremony to the date of
15 separation and without a mathematical formula; the Court will award a total of
$I 0,000.00 to the Husband t0 ilijt.iali!!:e-tfte.parties' sitaittions~ C\S ?'N ~~~~\.'lll.:
16 c.'u..-..:::c~~ \c\e..\-e(~ ..
3.11. DEBTS AND OBLIGATIONS. "'
17
The parties' debts should be divided in accordance with Exhibit "B" attached hereto and
18 hereby incorporated by this reference.
19 The Court accepts and adopts the asset/debt worksheet proposed by the Wife at trial.
20
3.12. MAINTENANCE/ALIMONY.
21
22
Fndngs ofFact and Canel ofLaw (FNFCL) - Page 8of9
23 WPP DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3) BREWELAYMAN
Attorneys at Law
A Proreulonal Servlcu Corporation
24
333 COBALT BUILDING
3525 COLBY AVENUE
25 P.O .BOX488
EVERETT, WASHINGTON 98106-0488
Telephone (4fS) 252-5167
26 Facsimile (425) 252-9055
1 The Husband's request for payment of back temporary spousal maintenance under the
Temporary Order, entered on December 12, 2005, is denied. The Court will not require
2 payment on any temporary spousal maintenance arrearage.
3 The Husband's request for current/future spousal maintenance is denied. Neither party
should be awarded any maintenance/alimony.
4
3.13. PARENTING PLAN.
5
The Parenting Plan filed herewith is approved; incorporated as part of these findings, and
6
in the minor child/child's best interest.
7
3.14. ORDER OF CHILD SUPPORT.
8
There are child in need of support and child support and related financial support should
9 be set pursuant to the Washington State Support Schedule and the Order of Child Support
filed herewith and hereby incorporated by this reference.
10
DONE IN OPEN COURT this_·_ day of August, 2008.
11
UNSIGNED
12
13
JUDGE1'2M.RliJl.rnsroNER
14
15 By,,,--.,..-~--=~~~~~~~~~-
17
20
21
22
Fndngs ofFact and Cone! ofLaw (FNFCL)-Page 9 of9
23 WPF DR 04.0300 (612006)-CR 52; RCW26.09.030; .070(3)
BREWE LAYMAN
Attorneys at Law
A Profe11lonal Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVERETT, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
'
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH ·
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
15 I. JUDGMENT/ORDER SUMMARIES
END OF SUMMARJES
23 Decree (DCD) (DCLGSP) (DCINMG) - Page 1 of 9 BREWELAYMAN
WPF DR 04.0400 (612006) -RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Profenlonal Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVEREIT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
1.3 Money Judgment Summary:
A. Judgment creditor
B. Judgment debtor "$~<:....~~ (E:.... ..:r, -~r2.'(1N,C~?.,
C. Principal judgment amount $ __
i C-"--'-1 _o_c'-":.-'t:'->·....:C::..-'.::.:'_ _
D. Interest to date of judgment $-----"-----
E. Attorney fees $ __·1-'--'1_,,.S=C"-"('.:"-','-<-'-.'--'•'.:>=----
F. Costs $ _ _ _ _<.6.o,_ _ _ __
G. Other recovery amount $ _ _ _ _0~"----
H. Principal judgment shall bear interest at j;> % per annum
I. Attorney fees, costs and other recovery am.. o.Cts=.:sh=a=ll:..:b=:e=:ar:_:i:nt::e:_:re:st:_:a::t==t-- % per
annum ,J.
J. Attorney for judgment creditor
K. Attorney for judgment debtor
L. Other: \-1.o\ ~"\'\1(~\e
STATUS OF MARRIAGE.
The husband is awarded as his sole and separate property the property set forth in Exhibit
"A''. This exhibit is attached hereto and incorporated by this reference as part of this
decree.
The wife is awarded as her sole and separate property the property set forth in Exhibit
"A''. This exhibii is attached or filed and incorporated by this reference as part of this
decree.
The husband shall pay the community or separate liabilities set forth in Exhibit "B". This
exhibit is attached hereto and incorporated by reference as part ofthis decree.
Unless otherwise provided herein, the husband shall pay all liabilities incurred l:iy him
since the date of separation.
The wife shall pay the community or separate liabilities set forth in Exhibit "B". This
exhibit is attached hereto and incorporated by reference as part of this decree.
Unless otherwise provided herein, the wife shall pay all liabilities incurred by her since
the date of separation.
12 3.11. PARENTINGPLAN.
13 The parties shall comply with the Parenting Plan filed herein. The Parenting Plan signed
by the court is approved and incorporated.as part of this decree.
14
3.12. CHILD SUPPORT.
15
Child support shall be paid in accordance with the 'Order of Child Support filed herein.
16 This order is incorporated as part of this decree.
17 3.13. ATTORNEY'S FEES, OTHER PROFESSIONAL FEES AND COSTS.
18 The Wife shall pay the Husband $7,500.00 as an award of attorney fees.
1
3.16. REVOCATION OF LIFE INSURANCE POLICY BENEFICIARY DESIGNATIONS.
2
Each party is hereby cancelled as beneficiary and barred from collection of proceeds of
3 any insurance policies covering the life of the other party for which the most recent
beneficiary designation was made prior to execution of this decree EXCEPT if otherwise
4 specifically ordered that an insurance policy shall be used as security for an outstanding
child support obligation, maintenance obligation or other specifically designated
5 obligation/judgment. If no further designation of such proceeds is made subsequent to
execution of this Decree, all such proceeds should be distributed in the manner prescribed
6 by the life insurance policy when no designated beneficiary exists.
8
UNSIGNED
9 JUDGE1f11(DBtf.ssIONER
10
11
By~~~~~~~~~~~~
12 Rebecca Torgerson, WSBA 32956 Norman Besman, WSBA # 12585
Attorney for Respondent Attorney for Petitioner
13
14
Stephanie Seymour Amana Fisher
15 Respondent Petitioner
16
17
18
19
20
21
22
1 EXHIBIT "A"
Assets of the Parties
2
1. Property Awarded to Wife. The Wife shall be awarded as her sole and separate
3
property, free and clear of any liens, claims, interests, or encumbrances of the Husband the
4
following:
5
A. All bank/investment accounts and insurance policies (including riders)
6
currently in Wife's name, except as otherwise specifically awarded to Husband. Specifically, the
7
Wife shall be awarded her BECU checking/savings accounts (nos. ending 8428/8436). There are
8
no joint bank/investment accounts.
9
B. All employment-related benefits in Wife's name, including all rights and
benefits which have been derived as a result of past or present employment, union affiliations,
military service, or United States, state or other citizenship (except rights the parties are entitled
to receive by virtue of this relationship); and further including but not limited to sick leave
benefits, stock grants, insurance, educational benefits and grants, health or welfare plans and all
other contractual, legislated or donated benefits, whether vested or unvested, and whether
directly or indirectly derived through the activity of the parties, along with all rights and benefits
to which she is entitled by state or federal law, including Social Security benefits, as well as any
pension, retirement, profit sharing, 401-K, IRA or Keogh benefit in her name except as otherwise
. . __ ,,. u'.)l., '(\.
specifically awarded to Husban.d herem) '-""- ~"' .\!'
··-~
~
Q_~-Q. o\6\ c\'':L~D';J('(\
- ·
I c. All property currently in Wife's possession; including, but not limited to,
2 clothing, jewelry, personal effects, furniture, furnishings, household adornments, and tools,
4 D. The 2005 Hyundai Elantra, Washington State License Plate No. 473 UCR
16 therewith.
17 2. Property Awarded to Husband. The Husband shall be awarded as his sole and
18 separate property, free and clear of any liens, claims, interests, or encumbrances of the Wife the
19 foilowing:
21 currently in Husband's name, except as otherwise specifically awarded to Wife. The Husband is
22
2 bank/investment accounts.
4 and benefits which have been derived as a result of past or present employment, union
5 affiliations, military service, or United States, state or other citizenship (except rights the parties
6 are entitled to receive by virtue ofthis relationship); and further including but not limited to sick
7
leave benefits, stock grants, insurance, educational benefits and grants, health or welfare plans
8
and all other contractual, legislated or donated benefits, whether vested or unvested, and whether
9
directly or indirectly derived through the activity of the parties, along with all rights and benefits
10
to which he is entitled by state or federal law, including Social Security benefits, as well as any
11
pension, retirement, profit sharing, 401-K, IRA or Keogh benefit in his name except as otherwise
L-..::i ~
12
i, ,1 ,
specifically awarded to Wife herein. &!-Z..~\J'\\C..\J\ . -,\
-e hDI' c_\ \ ".::C.\ C>':;,•1:') b 1...\
13 J ''>\\e. ~'I..:>~~\ t\<2..\ e\.i'-\ "' .
C. All property currently in Husband's possession; including, but not limited
14.
to, clothing, jewelry, personal effects, furniture, furnishings, household adornments, and tools,
15
17 D. The 1991 Ford Van, Washington State License Plate No. _ _ _ and any
18 underlying obligation(s) thereon. The 1986 Toyota Celica, Washington State License Plate No.
4-0
19 N~S and any underlying obligation(s) thereon.
20 E. Any property acquired since the date of the parties' separation with
.21 Husband's separate funds, and except as ·otherwise specifically awarded to Wife.
22
2 7/1111998 through date of separation 9/12/2005) of the Wife's Intermec 401(k) Plan, to be
5 7/11/1998 through date of separation 9/1212005) of the Wife's Intermec FSSP Plan, to be divided
6
via QDRO prepared by Wife's attorney.
7
-\-c...*~e. ~\!f-0~\(\ J
H. A sum of $10,000.00 to be paid by Wife as 2
prof!eHy eifJ&KziHg Jla,mellt,
8
which shall be paid prior to entry of the Decree of Dissolution, 0~- \ \.::iC\f!)\:}i'Q.l"' Nv\
9
~\;;~""\$).,::::\ Sl.-'\.1'w\i..,\l\\.,"''-\ ~~\.\ ~\St\'L •
10
11
12
13
14
15
16
17
18
19
20
21
22
1 EXHIBIT "B"
Liabilities of the Parties
2
1. Liabilities of Wife. The Wife shall assume, defend, pay, indemnify (including
3 attorney fees), keep current, and hold the Husband fully harmless for the following obligations
incurred by the parties:
4
A. All debts, claims or obligations incurred by the Wife since the date of
5
separation of the parties.
6
B. Debts, encumbrances, liens, claims, and mortgages associated with any
7
asset awarded to Wife.
8
c. Any and all debts in Wife's name alone, including but not limited to
9
Wife's BECU credit card (acct. no. ending 8383), which is Wife's separate/post-separation debt.
10
~ife4aH:pay-to-the·Husband9Motal-ef-$.1.Q,oot;)..00-in-ordeFt0:equalize-
11
12 pr.op~i:ty/debk<lilcilti.o~h..shall~prior-to-en~ecree-of-Bisscrlmien.--
15 A. All debts, claims or obligations incurred by the Husband since the date of
.•
1
UNSIGNED
2
ORDER
3
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
15 L JUDGMENT SUMMARY
16 Ll JUDGMENT SUMMARY.
17 Does not apply because no attorney fees or back support have been ordered.
18 IL BASIS
1 The Child Support Worksheet which has been approved by the court is attached to this
order and is incorporated by reference or has been initialed and filed separately and is
2 incorporated by reference. ·
4 IT IS ORDERED that:
6 Name
Samantha Fisher
7
3.2 PERSON PAYING SUPPORT COBLIGOR).
8
Name: Stephanie Seymour
9 DOB: 12/7/1962
Service Address: 19514 Winesap Lane, Bothell WA 98082
10
THE OBLIGOR PARENT MUST IMMEDIATELY FILE WITH THE COURT
11 AND THE WASHINGTON .STATE CHILD SUPPORT REGISTRY, AND
UPDATE AS NECESSARY, THE CONFIDENTIAL INFORMATION FORM
12 REQUIRED BY RCW 26.23.050.
13 THE OBLIGOR PARENT SHALL UPDATE THE INFORMATION REQUIRED BY
PARAGRAPH 3.2 PROMPTLY AFTER ANY CHANGE IN THE INFORMATION.
14 THE DUTY TO UPDATE THE INFORMATION CONTINUES AS LONG AS ANY
MONTHLY SUPPORT REMAINS DUE OR ANY UNPAID SUPPORT DEBT
15 REMAINS DUE UNDER THIS ORDER.
16 Monthly Net Income $6,291.03
17 3.3 PERSON RECEIVING SUPPORT COBLIGEE).
18 Name: Amana Fisher
DOB: 12/5/1956
19 Service Address: ~~trect-SE-#S*B-ethll'H·WA 98012°" . _, "'-- <\3 Cl..'?,
I l..5 e., 5 .... ~- 1i S ~Z.LlM..-.. IL~\ ~-,
20 THE OBLIGEE MUST IMMEDIATELY FILE WITH THE COURT AND THE
WASHINGTON STATE CHILD SUPPORT REGISTRY, AND UPDATE AS
21 NECESSARY, THE CONFIDENTIAL INFORMATION FORM REQUIRED
BY RCW 26.23.050.
22
I
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
L __ _
---------------- - --
... ,•
5 The obligor may be able to seek reimbursement for day care or special child rearing
expenses not actually incurred. RCW 26.19.080.
6
3.4 SERVICE OF PROCESS.
7
SERVICE OF PROCESS ON THE OBLIGOR AT THE ADDRESS REQUIRED
8 BY PARAGRAPH 3.2 OR ANY UPDATED ADDRESS, OR ON THE OBLIGEE
AT THE ADDRESS LISTED ABOVE IN PARAGRAPH 3.3 OR ANY UPDATED
9 ADDRESS, MAY BE ALLOWED OR ACCEPTED AS ADEQUATE IN ANY
PROCEEDING TO ESTABLISH, ENFORCE OR MODIFY A CHILD SUPPORT
10 ORDER BETWEEN THE PARTIES BY DELIVERY OF WRITTEN NOTICE TO
THE OBLIGOR OR OBLIGEE AT THE LAST ADDRESS PROVIDED.
11
3.5 CHILD SUPPORT TRANSFER PAYMENT.
12
The obligor shall pay the following amounts per month for the following child:
13
Name Amount
14 Samantha Fisher $661.75
4 The Mother requested a deviation based on residential credit and/or whole· family
deviation for her other minor child. While the Court recognizes that the Mother enjoys a
5 significant number of overnights with the child, the Court also recognizes there is a
disparity of earnings between the parties. The Court therefore denies the Mother's
6 request for a downward deviation based on a residential credit and/or whole family
deviation.
7
3.9 STARTING DATE AND DAY TO BE PAID.
8
Starting Date: AUGUST I, 2008
9 Day(s) of the month support is due: I st of every month
13
14
15
A party required to make payments to the Washington State Support Registry will not
16 receive credit for a payment made to any other party or entity. The obligor shall keep the
registry informed whether he or she has access to health insurance coverage at reasonable
17 cost and, if so, to provide the health insurance policy information.
19 Withholding action may be taken against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child support statutes of this or any
20 other state, without further notice to the obligor parent at any time after entry of this order
· HR1888 BB altemati,·e }He ¥'iSi9H is FRade bel0 lt'!
1
21
22
L
' ,
6 Support shall be paid until the child reaches the age of 18 or as long as the child
remain(s) enrolled in high school, whichever occurs last, except as otherwise provided
7 below in Paragraph 3 .14.
9 The issue of post-secondary educational support shall be reserved for review, at the
request of either parent, provided this right is exercised prior to the termination of the
10 support as provided in paragraph 3.13, at which time the court shall consider the
circumstances and income of both parents and all other circumstances mandated by
II Washington State case law and statutes in determining what, if any, orders should enter
regarding post-secondary educational support.
12
3.15 PAYMENT FOR EXPENSES NOT INCLUDED IN TRANSFER PAYMENT.
13
The mother shall pay 73% and the father 27% (each parent's proportional share of income
14 from the Child Support Schedule worksheet, line 6) of the following expenses incurred
on behalf of the children listed in paragraph 3.1 within ten (10) days of receipt of
15 verification of said expenses:
16 Work-related Daycare
Educational-related expenses
17 Summer camps and activity expenses
18 Payments shall be made to the provider of the service. If the expense has already been
paid by a parent and proof of payment is provided, payments shall be made to the parent
19 making the payment.
21 c·hild support may be reviewed and adjustment pursuant to Washington State statutes.
.,
' .
1 Mother shall be entitled to claim Samantha as a.Ii IRS dependency exemption in even
years so long as her child support obligation is current as of December 31 ''of each year.
2
Father shall be entitled to claim Samantha as an IRS dependency exemption in odd years.
3
Both parties shall execute all IRS documents necessary to implement this paragraph.
4
3.18 MEDICAL INSURANCE FOR THE CHILD LISTED IN PARAGRAPH 3.1.
5
The Mother shall maintain or provide health insurance coverage if coverage that can be
6 extended to cover the child is or becomes available to that parent through employment or
is union-related and the cost of such coverage does not exceed $179.95 (25 percent of
7 that parent's basic child support obligation on Worksheet Line 7).
8 The Father is not obligated to provide health insurance coverage because the other parent
provides insurance coverage:
9
The parent(s) shall maintain health insurance coverage, if available for the child listed in
10 paragraph 3. I, until further order of the court or until health insurance is no longer
available through the parents' employer or union and no conversion privileges exist to
11 continue coverage following termination of employment.
12 A parent who is required under this order to provide health insurance coverage is liable
for any covered health care costs for which that parent receives direct payment from an
13 msurer.
14 A parent who is required under this order to provide health insurance coverage shall
provide proof that such coverage is available or not available within 20 days of the entry
15 of this order to the physical custodian or the Washington State Support Registry ifthe
parent has been notified or ordered to make payments to the Washington State Support
16 Registry.
17 If proof that health insurance coverage is available or not available is not provided within
20 days, the parent seeking enforcement or the Department of Social and Health Services
18 may seek direct enforcement of the coverage through the other parent's employer or
union without further notice to the other parent as provided under Chapter 26.18 RCW.
19
3.19 EXTRAORDINARY HEALTH CARE EXPENSES.
20
The OBLIGOR shall pay 73% of extraordinary health care expenses within fifteen (15)
21 days following verification (the obligor's proportional share of income from the Child
Support Schedule Worksheet, line 6) of monthly medical expenses that exceed $49.30
22 (5% of the basic support obligation from Worksheet, line 5.).
1 The amount of expense shall be determined by date of the service. Either parent shall
provide the other parent with a copy of all invoices reflecting medical expenses for which
2 payment is due by the other parent. If a parent advances payment of the health care
expense, the other parent shall reimburse that parent within 15 days of service of the
3 document request for payment.
4 Extraordinary health care expense shall mean all health care insurance and all uninsured
health care expenses, including deductible payment and co-payments. Health care shall
5 mean medical, dental, optical, orthodontia, counseling (mental health), and prescription
drug expense.
6
A parent shall have no obligation for any non-emergency health care expense for which
7 he/she did not jointly agree was appropriate for the child pursuant to the joint decision-
making provisions of the parenting plan, or an expense that was available to be an insured
8 expense for which no claim was made.
14 ORDER
15 JUDGE/COURT COMMISSIONER
16
By~~~~~~~~~~~~
17 Rebecca Torgerson, WSBA 32956 Norman Besman, WSBA #12585
Attorney for Respondent Attorney for Petitioner
18
19
Stephanie Seymour Arnana Fisher
20 Respondent Petitioner
21
22
·- ~\;}-\. i 'C.lv\ ·~ ~:;;,i:-\i(:_K._
23 Order of Child Support {TMORS, ORS) - Page 7 o/7 "" IlREWE LAYMAN
WPF DR 01.0500 Mandatory (712007) - RCW 26.UY.175; 26.26.132 Attorneys st Law
24 A Profenional ServicH Corporation
FILED
ZOOS AUG I 4 AM 11: 48
SONYA KRASKI
2 I lllllll llllll Ill lllll lllll 111111111111111111111111111111111 COUHTY CLERK .
CL 12627685 S~!OHOMISH CO. WASH
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
I1 and
CLERK'S ACTION REQUIRED
12
STEPHANIE J. SEYMOUR,
13
Respondent
14
15 I. JUDGMENT SUMMARY
16 I. I JUDGMENT SUMMARY.
17 Does not apply because no attorney fees or back support have been ordered.
18 II. BASIS
4 IT IS ORDERED that:
6 Name
Samantha Fisher
7
3.2 PERSON PA YING SUPPORT COBLIGOR).
8
Name: Stephanie Seymour
9 DOB: 12/7/1962
Service Address: 19514 Winesap Lane, Bothell WA 98082
IO
THE OBLIGOR PARENT MUST IMMEDIATELY FILE WITH THE COURT
II AND THE WASHINGTON STATE CHILD SUPPORT REGISTRY, AND
UPDATE AS NECESSARY, THE CONFIDENTIAL INFORMATION FORM
12 REQUIRED BY RCW 26.23.050.
20 THE OBLIGEE MUST IMMEDIATELY FILE WITH THE COURT AND THE
WASHINGTON STATE CHILD SUPPORT REGISTRY, AND UPDATE AS
21 NECESSARY, THE CONFIDENTIAL INFORMATION FORM REQUIRED
BY RCW 26.23.050.
22
5 The obligor may be able to seek reimbursement for day care or special child rearing
expenses not actually incurred. RCW 26.19.080.
6
3.4 SERVICE OF PROCESS.
7
SERVICE OF PROCESS ON THE OBLIGOR AT THE ADDRESS REQUIRED
8 BY PARAGRAPH 3.2 OR ANY UPDATED ADDRESS, OR ON THE OBLIGEE
AT THE ADDRESS LISTED ABOVE IN PARAGRAPH 3.3 OR ANY UPDATED
9 ADDRESS, MAY BE ALLOWED OR ACCEPTED AS ADEQUATE IN ANY
PROCEEDING TO ESTABLISH, ENFORCE OR MODIFY A CHILD SUPPORT
10 ORDER BETWEEN THE PARTIES BY DELIVERY OF WRITTEN NOTICE TO
THE OBLIGOR OR OBLIGEE AT THE LAST ADDRESS PROVIDED.
11
3.5 CHILD SUPPORT TRANSFER PAYMENT.
12
The obligor shall pay the following amounts per month for the following child:
13
Name Amount
14 Samantha Fisher $661.75
4 The Mother requested a deviation based on residential credit and/or whole family
deviation for her other minor child. While the Court recognizes that the Mother enjoys a
5 significant number of overnights with the child, the Court also recognizes there is a
disparity of earnings between the parties. The Court therefore denies the Mother's
6 request for a downward deviation based on a residential credit and/or whole family
deviation.
7
3.9 STARTING DATE AND DAY TO BE PAID.
8
Starting Date: AUGUST I, 2008
9 Day(s) of the month support is due: 151 of every month
13 Enforcement and collection: The Division of Child Support (DCS) provides support
enforcement services for this case because: this is a case in which a parent has requested
14 services from DCS, and a parent has signed the application for services from DCS on the
last page of this support order. (Check all that apply.) Support payments shall be made
15 to:
19 A party required to make payments to the Washington State Support Registry will not
receive credit for a payment made to any other party or entity. The obligor shall keep the
20 registry informed whether he or she has access to health insurance coverage at reasonable
cost and, if so, to provide the health insurance policy information.
21
3.12 WAGE WITHHOLDING.
22
17 The mother shall pay 73% and the father 27% (each parent's proportional share of income
from the Child Support Schedule worksheet, line 6) of the following expenses incurred
18 on behalf of the children listed in paragraph 3.1 within ten (I 0) days of receipt of
verification of said expenses:
19
Work-related Daycare
20 Educational-related expenses
Summer camps and activity expenses
21
Payments shall be made to the provider of the service. If the expense has already been
22 paid by a parent and proof of payment is provided, payments shall be made to the parent
making the payment.
23 Order of Child Support (TMORS, ORS) - Page 5 of8 BREWE LAYMAN
WPF DR 01.0500 Mandatory (712007) - RCW 26.09.175; 26.26.132 Attorneys al Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0 .BOX 488
EVERETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
3.16 PERIODIC ADJUSTMENT.
2
Child support may be reviewed and adjustment pursuant to Washington State statutes.
3
3.17 INCOME TAX EXEMPTIONS.
4
Mother shall be entitled to claim Samantha as an IRS dependency exemption in even
5 years so long as her child support obligation is current as of December 31" of each year.
6 Father shall be entitled to claim Samantha as an IRS dependency exemption in odd years.
7 Both parties shall execute all lRS documents necessary to implement this paragraph.
9 The Mother shall maintain or provide health insurance coverage if coverage that can be
extended to cover the child is or becomes available to that parent through employment or
IO is union-related and the cost of such coverage does not exceed $179.95 (25 percent of
that parent's basic child support obligation on Worksheet Line 7).
II
The Father is not obligated to provide health insurance coverage because the other parent
12 provides insurance coverage:
13 The parent(s) shall maintain health insurance coverage, if available for the child listed in
paragraph 3.1, until further order of the court or until health insurance is no longer
14 available through the parents' employer or union and no conversion privileges exist to
continue coverage following termination of employment.
15
A parent who is required under this order to provide health insurance coverage is liable
16 for any covered health care costs for which that parent receives direct payment from an
insurer.
17
A parent who is required under this order to provide health insurance coverage shall
18 provide proof that such coverage is available or not available within 20 days of the entry
of this order to the physical custodian or the Washington State Support Registry if the
19 parent has been notified or ordered to make payments to the Washington State Support
Registry.
20
If proof that health insurance coverage is available or not available is not provided within
21 20 days, the parent seeking enforcement or the Department of Social and Health Services
may seek direct enforcement of the coverage through the other parent's employer or
22 union without further notice to the other parent as provided under Chapter 26.18 RCW.
2 The OBLIGOR shall pay 73% of extraordinary health care expenses within fifteen (15)
days following verification (the obligor's proportional share of income from the Child
3 Support Schedule Worksheet, line 6) of monthly medical expenses that exceed $49.30
(5% of the basic support obligation from Worksheet, line 5.).
4
The amount of expense shall be determined by date of the service. Either parent shall
5 provide the other parent with a copy of all invoices reflecting medical expenses for which
payment is due by the other parent. If a parent advances payment of the health care
6 expense, the other parent shall reimburse that parent within 15 days of service of the
document request for payment.
7
Extraordinary health care expense shall mean all health care insurance and all uninsured
8 health care expenses, including deductible payment and co-payments. Health care shall
mean medical, dental, optical, orthodontia, counseling (mental health), and prescription
9 drug expense.
IO A parent shall have no obligation for any non-emergency health care expense for which
he/she did not jointly agree was appropriate for the child pursuant to the joint decision-
II making provisions of the parenting plan, or an expense that was available to be an insured
expense for which no claim was made.
12
3.20 BACK CHILD SUPPORT.
13
No back child support is owed at this time.
14
3.21 BACK INTEREST.
15
No back interest is owed at this time.
16
DONE IN OPEN COURT this J±/.__ day of August, 2008.
17
18
19
22
4
I apply for full support enforcement services from the DSHS' Division of Child Support (DCS).
5 (Note: If you never received TANF, tribal TANF, or AFDC, an annual $25 fee applies if over
$500 is disbursed on a case, unless the fee is waived by DCS.)
6
IO
Il
12
13
14
15
16
17
18
19
20
21
22
Worksheets
Children and Ages: SAMANTHA FISHER, 9
$81.63
Part V: Standard Calculation/Presumptive Transfer Payment (See Instructions, Page 4)
15. Standard Calculation Father Mother
a. Amount from line 7 if line 4 is below
$600. Skio to Part VI.
b. Line 13 minus line 14d, if line 4 is over $274.95 $661.75
$600 (see below if annl.)
Limitation standards adjustments
c. Amount on line 15b adjusted to meet 45%
net income limitation
d. Amount on line 15b adjusted to meet
need standard limitation Need Standard Year: 2008
e. Enter the lowest amount of lines 1Sb, 1Sc or 1Sd: $274.95 $661.75
Part VI: Additional Factors for Consideration (See Instructions, Page 4)
16. Household Assets Father's Mother's
(List t~e_ P_re_s_eri.te_s!~'.Tl~t_e~_v"_lue_of all_f11."i~r.h~us_ehol'!_.".~se~sJ__ 1-_..:.H.:co:..:u:.::sc:e;;ch.::o;..:ld'---l--'H-"o:..:u:.::sc:e;;ch.::o;..:ld'---I
a. Real Estate
b. Stocks and Bonds
c. Vehicles
d. Boats
e. Pensions/IRAs/Bank
·- ·-. -· ···---- - -
Accounts --·-···
---~--
f. Cash
. g,_ ln_!>_~!<J.n~~ £.lans __
h. Other:
c.
WSCSS-Worksheets - Mandatory (CSW!CSWP) 712007 Page 3 of 5
. ..
d.
e.
--· ---··-·-------- -----·---·-- ------------------··--- ----- ----- ----- - ---------
f.
18. Other Household Income
a. Income Of Current Spouse
____(if_!lot_~he_()~E!~P..arei_n_t_c:ift)lis_action)__ ________ --·---------- ___ ··-------
- ---· ·--··-·Name
·--·-· -- ·-····---· ·---- ., .. ____ . __________
., .--··--·-·----------------- ---·-·-··------·------··-------··-·- -- -- ·----.. ·--··----- -
,._._
Name
... _E!· J~c_o111€l Frorn A~~~tancE!_ f"r_<Jgr_a_~ _-------------- _ .... __ ----·--- ____________ _
_____ ___ P~_()gra_l!l_ ___ -----·-· ·-···-·-. -·--·---··-----·- __ --·----·--·---- ··--------· ------·-- ________ _
Prograrri____ . __ ______ ---· .. --·- ___ ··-·--·-·-·-- --·--. ..... -··--··--. ________ --·-- _____ ·--. __
f. Otherlnc;ome(~E!§C:ribE!L ____________ _
under penalty of perjury under the laws of the State of Washington, the information
,.,,_--"in these orksheets is complete, true, and correct.
Father's Signature
Ii
Date
FILED
2000 AUG I 4 AH 11 : 48
SOHYA KRASKI
CO UH TY CLEHK
2 SNOHOMISH CO. W.1\SH
3
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
12
STEPHANIE J. SEYMOUR,
13
Respondent
14
15 I. HEARING
16 I. I. HEARING.
17 A trial was held on May 15, 2008 before the Honorable Ronald L. Castleberry, plus
additional follow-up hearings and submissions as authorized by the Court ..
18
1.2. BASIS.
19
The findings are based on the July 17, 2008 trial decision of the Honorable Ronald L.
20 Castleberry, a transcript of which is attached hereto and incorporated by reference.
21
1.3 ATTENDANCE.
22
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22
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I• "
4 The marriage is irretrievably broken and at least 90 days have elapsed since the date the
petition was filed and since the date the summons was served or the respondent joined.
5
2.7. SEPARATION CONTRACT OR PRENUPTIAL AGREEMENT.
6
8 2.8. PROPERTY.
IO • The portion of the Wife's Jnterrnec 401(k) plan and FSSP plan benefits that were
earned during the marriage, from July 11, 1998 (date of marriage) to September 12,
II 2005 (date of separation). The Court denies the Husband's request to divide these
accounts as of the date of the commitment ceremony.
12
• A one-third ( 1/3) interest in the Seymour Family LLC. The Court finds this one-third
13 interest is valued at $79,200.00 and is subject to a Promissory Note in the amount of
$80,929.29. The Court finds this asset has no value.
14
• A 1986 Toyota Celica, which is in Husband's possession.
15
• A 1991 Ford Conversion Van, which is in Husband's possession.
16
• Any personal property acquired during the marriage, including, but not limited to,
17 clothing, jewelry, personal effects, furniture, furnishings, household adornments, and
tools
18
The husband has the following real or personal separate property:
19
• The Husband's US Bank checking/savings accounts and any other bank accounts in
20 his name.
22
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,.
• The Wife's BECU checking/savings accounts and any other bank accounts in her
name.
2
• A 2005 Hyundai Elantra, which was purchased just prior to separation and the lien
3 has been paid by the Wife since separation.
4 • The residence located at 19514 Winesap Lane, Bothell. The Court finds there is no
dispute as to the value of the residence and finds the value to be $300,000.00, with a
5 lien of$206,264.74. Thus, the net equity is $93,735.26.
The residence was purchased by the Wife in 200 I. The residence was
6 purchased in her individual name and the Husband executed a Quit Claim Deed at the
time of purchase. A significant amount of the down payment on the residence was
7 paid by the Wife from her separate property proceeds she received as a result of the
break-up of a prior relationship. The remainder of the down payment came from
8 money borrowed from the Wife's 40l(k).
The Husband alleges that during the purchase of the residence and thereafter,
9 he did major repair work on the home; however, the exhibits presented at trial reflect
that some of the work was contracted with third party contractors. The Court finds
IO that while the Husband may have been on site, a large degree of the work was done
by third party contractors. Even if the work had been done by the Husband, there was
II no testimony offered by the Husband as any potential increase of value to the
residence. Further, none of the repair work was distinguishable from normal
12 homeowner maintenance in terms of manual repair. The improvements/maintenance
performed on this residence is not of the type that should be compensated for in the
13 context of this case.
The residence is the separate property of the Wife and there is no
14 community/equitable lien against the residence.
15 2.9. LIABILITIES.
16 There are no known community liabilities, other than the debt associated with the one-
third interest in the Seymour Family LLC.
17
The parties have separate liabilities incurred post-separation, which are m their own
18 separate names and/or are associated with assets awarded to them herein.
19 2.10. MAINTENANCE/ALIMONY.
20 The Husband has a high school education. From 1976 through 200 l the Husband had no
reported earned income. The Husband was a part of the Love Israel Sect and had no
21 reported income though he did participate as various activities and jobs. The Husband's
avocation is as an entertainer, magician, and juggler. The Husband testified that the most
22
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..
he earned in one year was approximately $12,000 to $15,000 per year. Now, as a part-
time para-educator, the Husband earns approximately $13.77 per hour working
2 approximately 25-30 hours per week. The Husband earns additional income as a
technical assistant at the school district theater. When the Husband entered the
3 relationship, he had no debts and no assets.
4 The Wife earned a Bachelor of Science from the University of Washington prior to
marriage. She is currently employed as an engineer program manager at Intermec, where
5 she began working in October 1997. At the time of the parties' marriage, the Wife was
earning approximately $35,000.00 per year and now earns approximately $100,000.00
6
per year. The Wife has two (2) children from a prior relationship.
7
At the time of trial, the Husband requested payment for back spousal maintenance he
8 alleged was due under the Temporary Order. A Temporary Order was entered on
December 12, 2005, which provided for temporary spousal maintenance in the amount of
9 $750.00 per month, in addition to temporary child support in the amount of $750.00, for a
total payment of $1,500.00. Approximately three (3) months after the Temporary Order
10 was entered, the Wife ceased paying the spousal maintenance portion of the Temporary
Order but continued to pay the child support amount. The Wife testified that it was her
II recollection that the commissioner below had mentioned it would be temporary spousal
maintenance. The Wife testified she relied on that information. Approximately one (I)
12 month after the Temporary Order was entered, the Wife's attorney withdrew from this
case.
13 Since approximately three (3) months after the Temporary Order was entered, the
Husband accepted the Wife's payment of temporary child support only in the amount of
14
$750.00. The Husband has not made any complaint to the court by way of motion or to
the Wife directly regarding the lack of payment of the temporary spousal maintenance,
15
except at the time of trial.
16 The Court finds that there was no demand for payment by the Husband at any
time prior to trial. The Husband's lack of demand for payment lends support to the
17 Wife's testimony that it was her understanding that temporary spousal maintenance
would terminate after three (3) months. The Court finds it is not fair to allow someone to
18 sit on his alleged right to payment, fail to timely demand payment for years and then
come to trial and request collection.
19
The Husband has requested current/future spousal maintenance. The Court finds the
20 Husband could become employed full-time. Based on the Husband's economic need, the
Court finds the Husband could earn enough income to cover his own economic needs.
21
2.11. CONTINUING RESTRAINING ORDER.
22
Fndngs of Fact and Cone/ of Law (FNFCL) - Page 5 of 14
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,,
The Husband has requested an award of attorney fees in this matter. When considering
6 such a request, the Court looks at what would be reasonably necessary to prosecute this
case and present this case for trial. The Court also looks at the ability to pay. In this
7
case, the Court looked at the court file, the various issues that were litigated through the
course of this case and the issues at trial, considered the earning capacities of the parties,
8
and the distribution of assets. Based on those general principles, the Court finds a
9 reasonable amount of attorney fee is $7,500.00, which should be paid by the Wife to the
Husband.
The child listed below are dependent or partially dependent upon either or both spouses:
14
Name of Child: Mother's/Father's Names:
15 Samantha Fisher Stephanie Seymour/Amana Fisher
16
2.16. JURISDICTION OVER THE CHILD/CHILD.
17
This court has jurisdiction over the child/child for the reasons set forth below:
18
This court has exclusive continuing jurisdiction. The court has previously made a child
19 custody, parenting plan, residential schedule or visitation determination in this matter and
retains jurisdiction under RCW 26.27.211.
20
This state is the home state of the child because the child lived in Washington with a
21 parent or a person acting as a parent for at least six consecutive months immediately
proceeding the commencement of this proceeding.
22
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,.
The child and the parents or the child and at least one parent or person acting as a parent,
have significant connection with the state other than mere physical presence; and
2 substantial evidence is available in this state concerning the child's care, protection,
training and personal relationships; and the child have no home state elsewhere.
3
2.17. PARENTING PLAN.
4
Prior to trial, the parties hereto agreed on the terms of a Final Parenting Plan. The
5 Parenting Plan filed herewith is approved; incorporated as part of these findings, and in
the minor child's best interest.
6
2.18. CHILD SUPPORT.
7
There is child in need of support and child support and related financial support should be
8 set pursuant to the Washington State Support Schedule and the Order of Child Support
filed herewith.
9
11 The court makes the following conclusions oflaw from the foregoing findings of fact:
JURISDICTION.
The court has jurisdiction over the parties, subject matter, and, property and obligations
of the parties.
DECREE.
DISPOSITION.
The distribution of property and liabilities as set forth in the decree is fair and equitable.
PREGNANCY.
13 The Court accepts and adopts the asset/debt worksheet proposed by the Wife at trial.
14 The Court is mindful that each party contributed to this marital community. The Court is
also mindful that the Husband had no assets when he entered this marriage and that the·
15 Wife earned the vast majority of the income during the marriage. The Court recognizes
that the Wife is receiving the real property as her separate property and the Seymour
16 Family LLC, which has no value but is an asset. In order to give recognition of the
Husband's contributions from the date of the commitment ceremony to the date of
17 separation and without a mathematical formula, the Court will award a total of
$ l 0,000.00 to the Husband as an appropriate award herein.
18
3.1 l. DEBTS AND OBLIGATIONS.
19
The parties' debts should be divided in accordance with Exhibit "B" attached hereto and
20 hereby incorporated by this reference.
21 The Court accepts and adopts the asset/debt worksheet proposed by the Wife at trial.
22
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3.12. MAINTENANCE/ALIMONY.
2 The Husband's request for payment of back temporary spousal maintenance under the
Temporary Order, entered on December 12, 2005, is denied. The Court will not require
3 payment on any temporary spousal maintenance arrearage.
4 The Husband's request for current/future spousal maintenance is denied. Neither party
should be awarded any maintenance/alimony.
5
3.13. PARENTING PLAN.
6
7 The Parenting Plan filed herewith is approved; incorporated as part of these findings, and
in the minor child/child's best interest.
8
3.14. ORDER OF CHILD SUPPORT.
9
There are child in need of support and child support and related financial support should
10 be set pursuant to the Washington State Support Schedule and the Order of Child Support
filed herewith and hereby incorporated by this reference.
II
12
13
14
15
16 By
Norman Besman, WSBA # 12585
17 Attorney for Petitioner
18
21
22
Fndngs of Fact and Cone/ of Law (FNFCL) -Page 9of14
WPF DR 04.0300 (612006)-CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
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EXHIBIT "A"
Assets of the Parties
2
I. Property Awarded to Wife. The Wife shall be awarded as her sole and separate
3
property, free and clear of any liens, claims, interests, or encumbrances of the Husband the
4
following:
5
A. All bank/investment accounts and insurance policies (including riders)
6
currently in Wife's name, except as otherwise specifically awarded to Husband. Specifically, the
7
Wife shall be awarded her BECU checking/savings accounts (nos. ending 8428/8436). There are
8
no joint bank/investment accounts.
9
B. All employment-related benefits in Wife's name, including all rights and
10
benefits which have been derived as a result of past or present employment, union affiliations,
11
12 military service, or United States, state or other citizenship (except rights the parties are entitled
13 to receive by virtue of this relationship); and further including but not limited to sick leave
14 benefits, stock grants, insurance, educational benefits and grants, health or welfare plans and all
15 other contractual, legislated or donated benefits, whether vested or unvested, and whether
16 directly or indirectly derived through the activity of the parties, along with all rights and benefits
17 to which she is entitled by state or federal law, including Social Security benefits, as well as any
18 pension, retirement, profit sharing, 40 l-K, IRA or Keogh benefit in her name except as otherwise
19
specifically awarded to Husband herein, or which were not disclosed by the Wife herein.
20
21
22
Fndngs of Fact and Cone/ of Law (FNFCL)-Page 10of14
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C. All property currently in Wife's possession; including, but not limited to,
2 clothing, jewelry, personal effects, furniture, furnishings, household adornments, and tools,
4 D. The 2005 Hyundai Elantra, Washington State License Plate No. 473 UCR
16 therewith.
17 2. Property Awarded to Husband. The Husband shall be awarded as his sole and
l8 separate property, free and clear of any liens, claims, interests, or encumbrances of the Wife the
l9 following:
21 currently in Husband's name, except as otherwise specifically awarded to Wife. The Husband is
22
Fndngs of Fact and Cone/ of Law (FNFCL) - Page 11 of 14
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specifically awarded his US Bank checking/savings accounts. There are no joint
2 bank/investment accounts.
4 and benefits which have been derived as a result of past or present employment, union
5
affiliations, military service, or United States, state or other citizenship (except rights the parties
6
are entitled to receive by virtue of this relationship); and further including but not limited to sick
7
leave benefits, stock grants, insurance, educational benefits and grants, health or welfare plans
8
and all other contractual, legislated or donated benefits, whether vested or unvested, and whether
9
directly or indirectly derived through the activity of the parties, along with all rights and benefits
10
to which he is entitled by state or federal law, including Social Security benefits, as well as any
11
pension, retirement, profit sharing, 401-K, IRA or Keogh benefit in his name except as otherwise
12
specifically awarded to Wife herein, or which were not disclosed by the Husband herein.
13
C. All property currently in Husband's possession; including, but not limited
14
to, clothing, jewelry, personal effects, furniture, furnishings, household adornments, and tools,
15
17 D. The 1991 Ford Van, Washington State License Plate No. ___ and any
18 underlying obligation(s) thereon. The 1986 Toyota Celica, Washington State License Plate No.
20 E. Any property acquired since the date of the parties' separation with
2 7/11/J 998 through date of separation 9/12/2005) of the Wife's lntermec 40J(k) Plan, to be
5 7/11/1998 through date of separation 9/12/2005) of the Wife's lntermec FSSP Plan, to be divided
6
via QDRO prepared by Wife's attorney.
7
H. A sum of$10,000.00 to be paid by Wife to the Husband, which shall be
8
paid prior to entry of the Decree of Dissolution, or a judgment shall enter against the Wife.
9
JO
11
12
13
14
15
16
17
18
19
20
21
22
Fndngs of Fact and Cone/ of Law (FNFCL) - Page 13 of 14
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EXHIBIT "B"
Liabilities of the Parties
2
I. Liabilities of Wife. The Wife shall assume, defend, pay, indemnify (including
3 attorney fees), keep current, and hold the Husband fully harmless for the following obligations
incurred by the parties:
4
A. All debts, claims or obligations incurred by the Wife since the date of
5
separation of the parties.
6
B. Debts, encumbrances, liens, claims, and mortgages associated with any
7
asset awarded to Wife.
8
C. Any and all debts in Wife's name alone, including but not limited to
9
Wife's BECU credit card (acct. no. ending 8383), which is Wife's separate/post-separation debt.
10
11 2. Liabilities of Husband. The Husband shall assume, defend, pay, indemnify
(including attorney fees), keep current, and hold the Wife fully harmless for the following
12 obligations incurred by the parties:
13 A. All debts, claims or obligations incurred by the Husband since the date of
17 C. Any and all debts in Husband's name alone, including but not limited to
18 Citi Card (no. ending 5317), Chase (no. ending 5951), Advanta (no. ending 7227), and American
19
Express (no. ending 81003), which are the Husband's separate/post-separation debts.
20
21
22
Fndngs of Fact and Canel of Law (FNFCL) - Page 14 of 14
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FILED
ZOOB AUG I 4 AM 11 : 48
SONYA KRASKI
I1\\1111 \\\I\\ II\ \\1\1\\1\11\\11111111111111\11111111111 Ill\ COUtHY CLERK
2 SHOHOMISH CO. WASH
CL 12627696
3
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
15 I. JUDGMENT/ORDER SUMMARIES
7 END OF SUMMARIES
8 II. BASIS
9 Findings of Fact and Conclusions of Law have been entered in this case.
10 III. DECREE
11 IT IS DECREED that:
12 3.1. STATUS OF MARRIAGE.
5 Unless otherwise provided herein, the wife shall pay all liabilities incurred by her since
the date of separation.
6
3.6. HOLD HARMLESS PROVISION.
7
Each party shall indemnify and hold the other party harmless from any collection action
8 relating to separate or community liabilities set forth above, including reasonable
attorney's fees and costs incurred in defending against any attempts to collect an
9 obligation of the other party.
16
17
18
21
Stephanie Seymour Amana Fisher
22 Respondent Petitioner
Il
benefits which have been derived as a result of past or present employment, union affiliations,
12 military service, or United States, state or other citizenship (except rights the parties are entitled
13 to receive by virtue of this relationship); and further including but not limited to sick leave
14 benefits, stock grants, insurance, educational benefits and grants, health or welfare plans and all
15 other contractual, legislated or donated benefits, whether vested or unvested, and whether
16 directly or indirectly derived through the activity of the parties, along with all rights and benefits
17 to which she is entitled by state or federal law, including Social Security benefits, as well as any
18 pension, retirement, profit sharing, 401-K, IRA or Keogh benefit in her name except as otherwise
19
specifically awarded to Husband herein, or which were not disclosed by the Wife herein.
20
21
22
2 clothing, jewelry, personal effects, furniture, furnishings, household adornments, and tools,
4 D. The 2005 Hyundai Elantra, Washington State License Plate No. 473 UCR
16 therewith.
17 2. Property Awarded to Husband. The Husband shall be awarded as his sole and
18 separate property, free and clear of any liens, claims, interests, or encumbrances of the Wife the
19 following:
21 currently in Husband's name, except as otherwise specifically awarded to Wife. The Husband is
22
2 bank/investment accounts.
4 and benefits which have been derived as a result of past or present employment, union
5 affiliations, military service, or United States, state or other citizenship (except rights the parties
6
are entitled to receive by virtue of this relationship); and further including but not limited to sick
7
leave benefits, stock grants, insurance, educational benefits and grants, health or welfare plans
8
and all other contractual, legislated or donated benefits, whether vested or unvested, and whether
9
directly or indirectly derived through the activity of the parties, along with all rights and benefits
JO
to which he is entitled by state or federal Jaw, including Social Security benefits, as well as any
II
pension, retirement, profit sharing, 401-K, IRA or Keogh benefit in his name except as otherwise
12
specifically awarded to Wife herein, or which were not disclosed by the Husband herein.
13
C. All property currently in Husband's possession; including, but not limited
14
to, clothing, jewelry, personal effects, furniture, furnishings, household adornments, and tools,
15
17 D. The 1991 Ford Van, Washington State License Plate No. ___ and any
18 underlying obligation(s) thereon. The 1986 Toyota Celica, Washington State License Plate No.
20 E. Any property acquired since the date of the parties' separation with
22
2 7/11/1998 through date of separation 9/12/2005) of the Wife's Interrnec 401 (k) Plan, to be
5 7/11/1998 through date of separation 9/12/2005) of the Wife's lnterrnec FSSP Plan, to be divided
6
via QDRO prepared by Wife's attorney.
7
H. A sum of$ I 0,000.00 to be paid by Wife to the Husband, which shall be
8
paid prior to entry of the Decree of Dissolution, or a judgment shall enter against the Wife.
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
24
-...
A Proressional Services Corporation
EXHIBIT "B"
Liabilities of the Parties
2
I. Liabilities of Wife. The Wife shall assume, defend, pay, indemnify (including
3 attorney fees), keep current, and hold the Husband fully harmless for the following obligations
incurred by the parties:
4
A. All debts, claims or obligations incurred by the Wife since the date of
5
separation of the parties.
6
B. Debts, encumbrances, liens, claims, and mortgages associated with any
7
asset awarded to Wife.
8
C. Any and all debts in Wife's name alone, including but not limited to
9
Wife's BECU credit card (acct. no. ending 8383), which is Wife's separate/post-separation debt.
10
13 A. All debts, claims or obligations incurred by the Husband since the date of
17 C. Any and all debts in Husband's name alone, including but not limited to
18 Ci ti Card (no. ending 5317), Chase (no. ending 5951 ), Advanta (no. ending 7227), and American
19 Express (no. ending 81003), which are the Husband's separate/post-separation debts.
20
21
22
FILED
ZOOB AUG I 4 AM I I: 48
Illlllll llllll Ill lllll lllll lllll lllll lllll lllll lllll llll llll SONYA KR ASKI
2 CL 12627698 COUNTY CLERK
SHOHOMISH CO. WASH
3
6
IN THE SUPERIOR COURT OF THE STA TE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
15 WHEREAS, this court has jurisdiction over all parties to this action, and jurisdiction over
17 WHEREAS, the parties to this order and the court intend this order to be a Qualified
18 Domestic Relations Order (hereinafter "Order") as that term is used in the Retirement Equity Act
19 of 1984, as amended; and, intend that the provisions of this order are to be administered and
21 WHEREAS, the parties have stipulated that the court shall enter this order pursuant to
22
vested authority in RCW 26.09 et seq., NOW, THEREFORE,
23 QUALIFIED DOMESTIC RELATIONS ORDER RE: BREWE LAYMAN
INTERMEC 40 l (K) - I Attorneys nl Law
A Proressional Scn·ices Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
26
ORIGINAL P.0 .BOX 488
EVERETI, \VASHINGTON 98206-0488
Telephone (425) 252-5167
J•acslmile (425) 252-9055
·"
2 I. Participant Information: The name, last known address, social security number and
date of birth of the plan "Participant" is:
3
Name: Stephanie Jane Seymour ("Participant")
4 Address: 19514 Winesap Lane, Bothell WA 98012
Social Security Number: 534-70-5602
5 Birth Date: 12/7/1962
6
Participant's Attorney Information:
7
Rebecca Torgerson, Attorney
8 Brewe Layman, P.S.
P.O. Box 488
9 Everett, WA 98206
(425) 252-5167
10
2. Alternate Payee Information: The name, last known address, social security number
11 and date of birth of the "Alternate Payee" is:
20 3. Plan Name: The name of the Plan to which this Order applies is the /11termec 40l(k)
Retireme11t Pla11 (hereinafter referred to as "Plan").
21
Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect
22 Alternate Payee's rights as stipulated under this Order.
23 QUALIFIED DOMESTIC RELATIONS ORDER RE: BREWE LAYMAN
IN TE RM EC 40 I (K) - 2 Allorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0.BOX488
EVERETT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
·"
4. For Provision of Marital Property Rights: This Order relates to the provision of
marital property rights to the Alternate Payee as a result of the Decree of Dissolution between
2 Participant and Alternate Payee.
18 8. Death of Alternate Payee: In the event of Alternate Payee's death prior to his
receiving the full amount of benefits called for under this Order and under the benefit option
19 chosen by Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the
appropriate form provided by the Plan Administrator (or in the absence of a beneficiary
20 designation, his estate), shall receive the remainder of any unpaid benefits under the terms of this
Order, and in accordance with the benefit option selected by Alternate Payee.
21
9. Death of Participant: In the event that the Participant dies prior to the establishment
22 of a separate Account in the name of the Alternate Payee, such Alternate Payee shall be treated
23 QUALIFIED DOMESTIC RELATIONS ORDER RE: BREWE LAYMAN
INTERMEC 40 I (K) - 3 Anorneys at Law
A Professional Services Corporntion
24
333 COBALT BUILDING
25 3525 COLD\" AVENUE
P.O .BOX 488
EVERETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
"
I
as the surviving spouse of the Participant for any death benefits payable under the Plan to the
extent of the full amount of his benefits as called for under Paragraph 7 of this Order. Should the
2 Participant predecease the Alternate Payee after the new Account has been established on
his/her behalf, such Participant's death shall in no way affect Alternate Payee's right to the
3 portion of his benefits as stipulated herein.
4 IO. Savings Clause: This Order is not intended, and shall not be construed in such a
manner as to require the Plan:
5
(a) to provide any type or form of benefit option not otherwise provided under the
6
terms of the Plan;
7
(b) to require the Plan to provide increased benefits determined on the basis of
8 actuarial value; or
9 (c) to require the payment of any benefits to the Alternate Payee which are required
to be paid to another alternate payee under another order which was previously
10 deemed to be a QDRO.
II 11. Certification of Necessary Information: All payments made pursuant to this Order
shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan
12 Administrator of such information as the Plan Administrator may reasonably require from such
parties to make the necessary calculation of the benefit amounts contained herein.
13
12. Continued Qualified Status of Order: It is the intention of the parties that this
14
QDRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it
may be amended from time to time, and that the Plan Administrator shall reserve the right to
15
reconfirm the qualified status of the Order at the time benefits become payable hereunder.
16
13. Tax Treatment of Distributions Made Under this Order: For purposes of
17 Sections 402(a)(I) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse
or former spouse of the Participant shall be treated as the distributee of any distribution or
18 payments made to the Alternate Payee under the terms of this Order, and as such, will be
required to pay the appropriate federal income taxes on such distribution.
19
14. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this
20 Order to the extent required to maintain its qualified status and the original intent of the parties
as stipulated herein.
21
15. Correcting or Terminating Payments: The Plan will retain any rights it may have
22 under its terms to suspend or terminate payments to Alternate Payee and Participant provided
23 QUALIFIED DOMESTIC RELATIONS ORDER RE: BREWE LA VMAN
INTERMEC 401(K) - 4 Attorneys at Law
A Profes5ional Sen:ices Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0 .BOX488
EVERETf, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
·; ...
that either Participant or Alternate Payee may contest such suspension or termination through
any administration remedies available under the Plan. Payments by the Plan pursuant to this
2 Order will be without prejudice to any right the Plan has under applicable law to seek
recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's
3 benefits under the Plan and this Order, the party receiving the overpayment will return that
portion to the Plan, which in tum, will pass that portion on to the other Party.
4
DONE IN OPEN COURT this _1!j_ day of August, 2008.
5
6
' OMMISSIONER
7
BREWE LAYMAN
Attorneys at Law
12
15
16
17
18
19
20
21
22
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
II and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
15 WHEREAS, this court has jurisdiction over all parties to this action, and jurisdiction over
17 WHEREAS, the parties to this order and the court intend this order to be a Qualified
18 Domestic Relations Order (hereinafter "Order") as that term is used in the Retirement Equity Act
19 of 1984, as amended; and, intend that the provisions of this order are to be administered and
24
-
A Professional Services Corporation
~\
·.·
333 COBALT BUILDING
25 3525 COLBY AVENUE
26
ORIGINAL P.0.BOX 488
EVEREIT, \VASHINGTON 98206-0488
Telephone (425) 252-5167
Fae.simile (425) 252-9055
IT IS HEREBY ORDERED AS FOLLOWS:
2 I. Participant Information: The name, last known address, social security number and
date of birth of the plan "Participant" is:
3
Name: Stephanie Jane Seymour ("Participant")
4 Address: 19514 Winesap Lane, Bothell WA 98012
Social Security Number: 534-70-5602
5 Birth Date: 1217/1962
6
Participant's Attorney Information:
7
Rebecca Torgerson, Attorney
8 Brewe Layman, P.S.
P.O. Box 488
9 Everett, WA 98206
(425) 252-5167
10
2. Alternate Payee Information: The name, last known address, social security number
11 and date of birth of the "Alternate Payee" is:
20 3. Plan Name: The name of the Plan to which this Order applies is the Intermec
Fi11a11cia/ Security a11d Savings Program (hereinafter referred to as "FSSP").
21
Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate
22 Payee's rights as stipulated under this Order.
23 QUALIFIED DOMESTIC RELATIONS ORDER RE: BREWE LAYMAN
INTERMEC FSSP - 2 Attorneys at Law
A Proressional Sen-·ices Corporation
24
333 COBALT BUILDING
25 3525 COLBY A VENUE
P.O.BOX 488
EVEREIT, \VASHINGTON 98206-0488
Telephone (425) 252-5167
26 "'acsimile (425) 252-9055
'
l
4. For Provision of Marital Property Rights and/or Spousal Support: This Order
relates to the provision of marital property rights to the Alternate Payee as a result of the Decree
2 of Dissolution between Participant and Alternate Payee.
7 The Alternate Payee's share of any unvested account balance shall become payable to the
alternate payee if and when it becomes vested.
8
The account balance above shall exclude any outstanding loan balances. The Alternate Payee's
9 share of the Participant's account balance indicated above shall be payable from Part III first,
then Part II and then Part I, if necessary.
IO
The Alternate Payee's share of the benefits shall be allocated on a "pro-rata" basis among all of
II the accounts and/or investment funds maintained on behalf of the Participant under the FSSP.
20 8. Death of Participant: In the event the Participant dies before the Alternate Payee
receives all benefits assigned to the Alternate Payee under this Order, then the Alternate Payee
21 shall receive a lump sum distribution and/or direct rollover of the Alternate Payee's share of the
benefits as soon as administratively feasible after the death of the Participant.
22
9. Savings Clause: This Order is not intended, and shall not be construed in such a
2 manner as to require the Plan:
3 (a) to provide any type or form of benefit option not otherwise provided under the
terms of the Plan;
4
(b) to require the Plan to provide increased benefits determined on the basis of
5 actuarial value; or
6 to require the payment of any benefits to the Alternate Payee which are required
(c)
to be paid to another alternate payee under another order which was previously
7
deemed to be a QDRO.
8
10. Certification of Necessary Information: All payments made pursuant to this Order
9 shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan
Administrator of such information as the Plan Administrator may reasonably require from such
10 parties to make the necessary calculation of the benefit amounts contained herein.
11 11. Continued Qualified Status of Order: It is the intention of the parties that this
QDRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it
12 may be amended from time to time, and that the Plan Administrator shall reserve the right to
reconfirm the qualified status of the Order at the time benefits become payable hereunder.
13
12. Tax Treatment of Distributions Made Under this Order: For purposes of
14 Sections 402(a)(l) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse
or former spouse of the Participant shall be treated as the distributee of any distribution or
15
payments made to the Alternate Payee under the terms of this Order, and as such, will be
16 required to pay the appropriate federal income taxes on such distribution.
17 13. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this
Order to the extent required to maintain its qualified status and the original intent of the parties
18 as stipulated herein.
19 14. Correcting or Terminating Payments: The FSSP will retain any rights it may have
under its terms to suspend or terminate payments to Alternate Payee and Participant provided
20 that either Participant or Alternate Payee may contest such suspension or termination through
any administration remedies available under the FSSP. Payments by the FSSP pursuant to this
21 Order will be without prejudice to any right the FSSP has under applicable law to seek
recoupment or offset for overpayment. If the FSSP pays one party a portion of the other party's
22
benefits under the FSSP and this Order, the party receiving the overpayment will return that
portion to the FSSP, which in tum, will pass that portion on to the other Party.
2
DONE IN OPEN COURT this 1!L day of August, 2008.
3
5
BREWE LAYMAN
6 Attorneys at Law
8
e e ca J. Torgerso , Norman Besman, WSBA # 12585
9 Attorney for Respon ent/Participant Attorney for Petitioner/Alternate Payee
10
13
14
15
16
17
18
19
20
21
22
Norman S. Besman
U)
:z: =
CJ""' ,..
::x:ooc::
Cl c:::z:
3::Z:-<
""
=
=
"' r
.,,
LJ)-ll>
20016 Cedar Valley Rd Suite 106 :r-<;:s: .i:-
Lynnwood, WA 98036-6332 c)n::o
o':P-
. r,1 (J)
-0 rn
:JI:
Rebecca J. Torgerson :::f::UA
::=· ::s::- c.n 0
Brewe Layman, PSC Ul
PO Box 488
.I _,
0
Everett, WA 98206-0488
Counsel,
Please find enclosed a copy of Decree of Dissolution, Findings of Fact and Conclusions of Law, QUADRO:
40l(k), QUADRO: lntermec FFSP, and Final Order of Child Support on the aforementioned cause number. The
Original of said documents was filed with the Clerk's Office. If you have questions or concerns, please do not
hesitate to contact me at (425) 388-3356.
Sincerely,
Jane K. Muhlstein
Law clerk for the Honorable Ronald L. Castleberry
I FILED
2
A. e? I ,:5) (JO 8'
3
'5 SONYA KRASKI
COUNTY CLERK
SNOHOMISH CO. WASH. ~
4
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
15 This Parenting Plan is the final parenting plan signed by the court pursuant to a decree of
dissolution.
16
I. GENERAL INFORMATION
17
I. I PARENTS:
18
Mother: STEPHANIE SEYMOUR
19 Father AMANA 1.K.M. FISHER
20 l.2 CHILDREN:
22
23 Parenting Plan (PPP, PPT. PP) - Page 2of13- Laws of 2007, ch. 496
BREWE LAYMAN
WPF DR 01.0400 Mandatory (712007)- RCW 26.09.181; .187; .194 Allorneys at Law
-...
A Professional Sen-ices Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0.BOX488
E\'EREIT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
Commencing August 4, 2008, the child shall reside with the father, except for the following
days and times when the child will reside with or be with the other parent:
2 The child shall reside with the Mother per the following alternating two-week schedule,
as described in the following calendar:
3
Calendar of Monday Tuesday Wednesday Thursday Friday Saturday Sunday
4 Mother's
Residential'time
5 Week I Afterschool Before Afterschool ----------------- ------------ ----------
(3pm) School (3pm)
6 (Sam)
Week 2 Before Afterschool Before school
7 school (3pm) (Sam)
(Sam)
8
10 The residential arrangements of the child during the Christmas holiday/winter break of
the year shall be as follows:
11
The child shall spend from 9:00 a.m. the first day of their Winter Break until Christmas
12 Eve Day at 9:00 p.m. with the Mother in odd-numbered years. The child shall spend
from 9:00 p.m. Christmas Eve Day until 9:00 a.m. December 31st with the Father in odd-
13 numbered years. The schedule shall be reversed for even-numbered years.
14 3.4 SCHEDULE FOR MID-WINTER AND SPRING BREAK.
15
The residential arrangements of the child during the Spring Break and Mid-Winter Break
16 (as defined by the child's school) of the school year shall be as follows:
17 The child will spend Spring Break, as defined by the school schedule, with the mother in
even-numbered years and with the father in odd-numbered years.
18
The child will spend Mid-Winter Break, as defined by the school schedule, with the
19 father in even-numbered years and with the mother in odd-numbered years.
21 The residential arrangements of the child during the summer of the year shall be as
follows:
22
23 Parenting Plan (PPP, PPT, PP) - Page 3of13- Laws of 2007, ch. 496
BREWE LAYMAN
WPF DR 01.0400 Mandatory (712007) - RCW 26.09.181; .187; .194 Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0.BOX488
EVERETf, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
Same as the school schedule above in 3 .2. Additionally, the child shall reside
with each parent fo r two ( 2) uninterrupted weeks during the summer school
2 vacation upon forty-five (45) days advance written notice as to such dates.
3 The summer schedule shall be in effect two (2) days following the child's last day of
school until two (2) days prior to the commencement of school in the fall or June I st
4 through September I st prior to the child's entry into school.
5 If the parties cannot.agree, then Father's selected vacation dates shall take precedence in
even-numbered years, and Mother's selected vacation dates shall take precedence in odd-
6
numbered years.
7
3.6 VACATION WITH PARENTS.
8
Does not apply, except as addressed in Paragraph 3.5.
9 From December 26, 2008 through January 5, 2009, the child and Mother shall be
permitted to travel to Mexico for a family reunion.
JO
24 -...
A Professional Sen'ices Corporation
13 If the residential schedule, paragraphs 3.1-3.8, results in a conflict where the child is/are
scheduled to be with both parents at the same time, the conflict shall be resolved by
14
priority being given as follows:
15
Holidays (3.7); Special occasions (3.8); Vacation. with Parents (3.6); Summer (3.5),
Christmas/Winter break (3.3) and Mid-Winter and Spring break (3.4); and regular
16
residential schedule (3. I and 3 .2).
17
3.10 RESTRICTIONS.
18
4 The child named in this parenting plan is/are scheduled to reside the majority of the time
with the father. This parent is designated the custodian of the child solely for purposes of
5 all other state and federal statutes which require a designation or determination of
custody. This designation shall not affect either parent's right or responsibilities under
6
this parenting plan.
7
3.13 OTHER:
8
Both parties are restrained from consuming alcohol or any prescription drugs (except as
9 prescribed) within 24 hours of any residential time with the minor child.
12 Both parties are restrained from possessing and/or using illegal drugs at any time or
allowing any third parties to do so in the presence of the minor child.
13
Neither party shall permit there to be firearms in their home unless such firearms are
14
secured in a locked firearms safe which is inaccessible to the child.
15
The child shall attend a two-week YMCA summer camp each year, of the child's
16 choosing. The scheduling of the YMCA summer camp for the child shall first be
discussed between the parents in terms of scheduling before it is discussed with the child,
17 in order to avoid potential conflicts.
18 Regardless of the allocation of decision making in this parenting plan, either parent may make
emergency decisions affecting the health or safety of the child.
19
4.1. Best Interests 0( Child. Each parent desires to remain responsible and active in the
20 growth of the child and development consistent with the best interest of the child. The
parents will make a mutual effort to maintain an open, ongoing communication
21 concerning the development, needs and interests of the child and will discuss together
any major decisions which have to be made about or for the child.
22
Parenting Plan (PPP, PPT, PP)-Page 7of 13-Lawso/2007, ch. 496 " ........
23
BREWE LAYMAN
WPF DR 01.0400 Mandatory (712007) - RCW 26.09.181; .187; .194 Atlorneys al Law
A Profession•! Servicn Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0.BOX488
EVERETT, \\'ASHINGTON 98206-0488
26 Telephone (425) 252-5167
fo"acsimilt (425) 252-9055
Major Decisions. The residential parent shall have authority to make day-to-day
decisions affecting the welfare of the child; HOWEVER, major decisions concerning the
welfare of the child shall not be made without agreement of both parents.
Each parent may make decisions regarding day-to-day care and control of the child while
the child reside(s) with that parent.
In the event of an irreconcilable difference between the parents as to the major decisions
set forth above, the matter shall be resolved via the dispute resolution process set forth
hereinafter in paragraph V.
Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above.
Education. The child shall attend the school mutually agreed upon by the parents,
recognizing that the decisions should be made in the best interest of the education needs
of the child, rather than the needs of the parents. The parents shall select all schools
jointly. Jn the event that the parents cannot agree to the selection of a school, the child
shall be maintained in the present school, pending mediation and/or further order of the
court.
Emergency Health Care. Each parent shall be empowered to obtain emergency health
and dental care for the child without the consent of the other parent. Each parent is to
notify the other parent as soon as reasonably possible of any illness or injury requiring
medical attention, or any emergency involving the child.
Routine Health Care. Each parent shall have equal and independent authority to provide
routine medical and dental services for the child while the child is in his or her care and
residence.
23 Parenting Plan (PPP, PPT, PP) - Page 8of13- Laws o/2007, ch. 496 BREWE LAYMAN
WPF DR 01.0400 Mandatory (712007) - RCW 26.09.181; .187; .194 Attorneys at Law
A Proressional Sen-ices Corporation
24
333 COBALT BUILDING
3525 COLBY AVENUE
25 P.0.BOX488
EVERETI', \\'ASHINGT01" 98206-0488
Telephone (425) 252-5167
26 facsimile (425) 252-9055
4.7. Non-Routine Health Care. Major decision regarding non-routine, non-emergency
medical, dental, optical or orthodontia care are to be made by jointly.
2
4.8. Religious Upbringing. Each parent shall have an equal right to include the child in his or
3 her religious activities and expressions. The child shall have the right to make his/her
own religious choice as the child mature(s).
4
4.9. Exchange Of Child. The child shall be picked up and returned at the designated times or
5 within fifteen (15) minutes thereof in the event of an unforeseen delay. Should a delay
become necessary, the receiving parent shall be notified immediately.
6
7 V. DISPUTE RESOLUTION
8 The purpose of this dispute resolution process is to resolve disagreements about carrying out this
parenting plan. This dispute resolution process may, and under some local court rules or the
9 provisions of this plan must be used before filing a petition to modifo the plan or a motion for
contempt/or failing to follow the plan.
IO
Disputes between the parties, other than child support disputes, shall be submitted to (list person
11 or agency) mediation with either William Sullivan or James Shipman.
12 The cost of this process shall be allocated between the parties based on each party's
proportional share of income from line 6 of the child support worksheets.
13
The dispute resolution process shall be commenced by notifying the other party by
14
written request.
15
In the dispute resolution process:
16
(a) Preference shall be given to carrying out this P~renting Plan.
17 (b) Unless an emergency exists, the parents shall use the designated process to
resolve disputes relating to implementation of the plan, except those related to
18 financial support.
(c) A written record shall be prepared of any agreement reached in counseling or
19 mediation and of each arbitration award and shall be provided to each party.
(d) If the court finds that a parent has used or frustrated the dispute resolution process
20 without good reason, the court shall award attorneys' fees and financial sanctions
to the other parent.
21 (e) The parties have the right of review from the dispute resolution process to the
superior court.
22
23 Parenting Plan (PPP, PPT, PP) - Page 9of13- Laws of 2007, ch. 496
BREWE LAYMAN
WPF DR 01.0400 Mandatory (712007) - RCW 26.09.181; .187; .194 Allorneys at Law
A Prof~ion1I Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVERETT, \\'ASllil\'GTON 98206--0488
26 Telephone (425) 252-5167
Facsimile: (425) 252-9055
VI. OTHER PROVISIONS
2 6.1 Records. Each parent shall have equal and independent authority to confer with
physicians, counselors, schools, daycare and other programs with regard to the progress
3 of the child and each shall have free access to counseling, medical, school, daycare, and
other records. Each parent shall have authority to give parental consent or permission as
4 may be required concerning school, daycare or other programs for the child while the
child is in his or her residential care.
5
6.2 Telephone Access (Children). The child shall have liberal telephone privileges with the
6
parent with whom the child is not then residing without the interference of the residential
7 parent.
8 6.3 Telephone Access (Parents). The non-residential parent may contact the child
telephonically at any reasonable time.
9
6.4 Participation In Child's Events. The child shall be accompanied by the parent with
10 whom the child is residing at the time of a given social event. The other parent shall not
be limited from attendance at that event, providing said attendance by the non-residential
11 parent is not disruptive to the other participants.
12 6.5 Notification 0( Child's Events. Each parent shall be responsible for keeping themselves
advised of school, athletic, and social events in which the child participate(s). Both
13 parents may participate in school activities for the child such as open house, attendance at
an athletic event, etc.
14
15 6.6 Disparaging Remarks. Neither parent shall make disparaging remarks about the other
parent to or in front of the child and both parents shall cooperate in fostering a good and
16 loving relationship between the child and the other parent.
17 6.7 Minimizing Impact On Child. The primary objective of the parents is to minimize the
negative impact that their separation shall have on the child. Each parent seeks a full and
18 active role in providing the child with a sound moral, social, economic and educational
environment for the child. To this end, the parents are committed to cooperative and
19 mutual involvement in the lives of their child.
20 6.8 Considering Child's Schedules. Both parents shall consider the needs and interests of the
child, and the child's schedule of school and other regular planned activities, when
21 arranging visitation.
22
23 Parenting Plan (PPP, PPT, PP) - Page JO of 13- laws o/2007, ch. 49'
BREWE LAYMAN
WPF DR 01.0400 Mandatory (712007) - RCW 26.09.181; .187; .194 Attorneys at Law
A Professional Sen·ices Corpontion
24
333 COBALT BUILDING
25 3525 COLBY A VENUE
P.0.BOX488
EVERETI, WASHINGTON 98206-0488
26 Trlephone (425) 252-5167
Facsimile ( 425) 252-9055
6.9 Alcohol/Drugs. Neither parent shall consume alcohol in excess nor consume drugs other
than over-the-counter or prescribed medication while the child is under their care.
2
6.10 Consistency OrRoutine & Discipline. The residential arrangements are provided for in
3 the best interest of the child. The child's interests is best served by responsiveness and
cooperation by both parents, involvement by both parents in all aspects of the child's
4 needs, and a reasonable consistent routine of activities, values, and discipline throughout
both homes. Inconsistency and conflict are opposed to the best interest of the child.
5
6.11 Good Faith or Parents. Both parents freely and wholly commit themselves to this
6
parenting plan with the expectation that it will provide a stable and lasting residential
7 schedule for the child and the parents. Each parent is aware that violations of this
parenting plan, abusive use of conflict, false reports to authorities, or bad-faith use of
8 dispute resolution (including court action) could lead to a reduction of residential time
with the child.
9
6.12 Child's Clothing/Possessions. The parents shall not interfere with the right of the child to
10 transport his/her clothing and possessions to each parent's home. Neither parent shall
stockpile the child's clothing or possessions. Both Parents shall cooperate in providing
11 and returning the clothing and possessions of the child.
12 6.13 Deviation From Schedule. Acceptance and waiver of any deviations from the provisions
of this parenting plan shall not constitute acceptance or waiver of subsequent deviations
13 from this plan. The provisions of this plan shall remain in effect until modified by an
appropriate written order by a court of competent jurisdiction; provided, that any and all
14
revisions to this plan are in writing and signed by both parents, and shall be effective
immediately.
15
16 6:14 Change or Address. Each of the parties shall keep the other parent, and the Washington
State Support Registry (if applicable), informed as to their current residential address and
17 telephone number at all times.
18 6.15 Notification or Changes In Schedule. Each parent shall notify the other at least forty-
eight (48) hours in advance if he/she is unable to comply with the regular residential
19 schedule. Both parents acknowledge that from time to time unpredictable situations may
arise in their lives, and in the child's life, which makes strict adherence to the above
20 residential plan impractical.
21 6.16 Piercing/Tattoos. Neither parent shall allow the child to be tattooed/pierced without the
consent of the other parent.
22
23 Parenting Plan (PPP, PPT, PP) - Page Il of 13- Laws o/2007, ch. 49'
BREWE LAYMAN
WFF DR 01.0400 Mandatory (712007) - RCW 26.09. 181;. 187; .194 Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVERETT, WASHINGTON 98206-0488
26 Tr:lephone (425) 252-5167
Facsimile (425) 252-9055
" I
6.17 Jurisdiction. The child named in this parenting plan is scheduled to reside the majority of
the time with the Father. This parent is designated as the custodian of the child solely for
2 purposes of all other state and federal status which require a designation or determination
of custody. This designation shall not affect either parent's rights and responsibilities
3 under this parenting plan.
7 6.18.2 Both parties shall keep the other advised as to the current address and telephone
number.
8
VII. DECLARATION FOR PROPOSED PARENTING PLAN
9
12 It is ordered, adjudged and decreed that the parenting plan set forth above is adopted and
approved as an order of this court.
13
WARNING: Violation of residential provisions of this order with actual knowledge of its terms
14 is punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
9A.40.070(2). Violation of this order may subject a violator to arrest.
15
When mutual decision making is designated but cannot be achieved, the parties shall make a
16 good faith effort to resolve the issue through the dispute resolution process.
17
!fa parent fails to comply with a provision of this plan, the other parent's obligations under the
18 plan are not affected.
19 Before signing the final parenting plan, the court consulted the judicial information
system and databases, if available, to determine the existence of any information and
20 proceedings that are relevant to the placement of the children. ·
21
22
23 Parenting Plan (PPP, PPT, PP) - Page 12of13- Laws of2007, ch. 49' BREWE LAYMAN
WPF DR 01.0400 Mandatory (712007) - RCW 26.09.181; .187; .194 Attorneys at Law
A Profession•! SerYicn Corponlion
24
333 COBALT BUILDING
. 3525 COLBY AVENUE
25 P.0.BOX488
EVERE1T, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
L
~014/014
05/)4/200il 15:49 FAX 4252529055 BREWE LAVMAN
5 BREWE LAYMAN
6
7
Norman Besman, WSBA # 12585
8
Attorney for Petitioner
9
A~diJ~
Amana Fisher
Petitioner
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23 Parenting Plan (PPP, PPT, PP) - Page 13of13- Laws of 2007. ch. 49 • BREWELAYMAN
Att6N@)'S at X......
WPF DR 01.0400 Mandatory (712007) - RCW 26.09.181; .187; .194 A PnrenioiuJ !Mrvicci C:O~nrio•
24
333 COIA LT 8Ull.DING
3515 COLBY AVENUE
25 P.O.BOX 418
tVF:RE17, WASNl~CTON ,.%06·6'S~
Telephone (41!) 251-5167
26 •·ansimik-(42S) lSl-905!'
08 AUG 25 PM 5: 0 I
I\ll\ll\ \Ill\\ ll\ \\Ill \Ill\ l\111\ll\l11\11ll\l\11111 Ill\ Ill\ SONYA KRASKI
COUNTY CLERK
CL 13576055 S:iOHOt11SH CO. \'1/1,Sll
~ -'~'..!!~i!l·:·;~"~~-~--F-s~-~-E_s~_g_~-~-~-~_sH_T_co_o_FUN_w_*"_s_H_IN_G_T_O_N_I
3
4 In Re:
AMANA LK.M. FISHER NO. 05-3-02756-0
5
Petitioner,
6 and PETITIONER'S MOTION
FOR RECONSIDERATION
7
STEPHANIE J. SEYMOUR
8 Respondent.
9
10 Comes now the petitioner, by and through counsel, and moves this honorable court,
11 pursuant to CR 59(a)(9) and SCLCR 59 for reconsideration of the following issues decided by
12 the court at trial herein, and relief as sought below or a reopening of testimony applicable thereto.
13 Final orders were entered in this dissolution action on August 14, 2008. This motion is
14 being filed and served on opposing counsel within the ten day time limits ofSCLCR 59(e)(3)(A),
15 under the circumstances of August 24, 2008, being a Sunday.
16
17 ISSUE #1
18
19 Petitioner contends that this court did not do substantial justice when it determined that
20 the house on Winesap Lane should be found to be the sole and separate property of the
21 respondent/wife.
22 Petitioner recognizes that said real property has been titled in the sole name of the
23 respondent/wife, and that he executed a Quit Claim Deed relative to said property. Respondent
24 contends, however, that this ought not to have been the determinative evidence relative to the
I the house was purchased in August 2001. Assuming the 40l(k) contribution began at the time
2 employment commenced, which assumption is most favorable to the respondent, at least three
3 quarters of the 40l(k) was a community asset at the time of purchasing the house, and even the
4 remaining quarter was earned while the parties were living together after their commitment
5 ceremony of September 9, 1995.
6 Ms. Jane Seymour, who had held funds on behalf of her daughter, the respondent herein,
7 from the buyout of previous real property owned by Stephanie Seymour, testified that those
8 $25,000 were used by her daughter as the down payment on the Winesap Lane house. This
9 testimony, however, was contraverted by Stephanie Seymour herself, who testified that some of
10 it may have been used toward the down payment, but that she actually no idea how much. Her
II testimony supported the petitioner's testimony that it was, in fact, the 40l(k) loan which formed
12 the bulk of the down payment on the property.
13 While it is certainly true that the petitioner made no threats nor inflicted any physical
14 violence upon him to induce his signing the quit claim deed and her taking of title in her sole and
15 separate name, Mr. Fisher was still a victim of Ms. Seymour's due to his trust that she would
16 fulfill the promise and commitment she made to put his name on the title to the property.
17 Mr. Fisher testified about his contributions and efforts in finding the house; negotiating a
18 selling price reduction, as well as obtaining the $9,000 roof-repair and electrical system
19 allowance; his management of that $9,000 to be able to take care of the roof and the electrical
20 panel (after Mr. Fisher, himself, performed extensive rewiring of the house); his installation of a
21 skylight and performance of substantial structural and cosmetic repair; while still having $3,000
22 remaining to be able to pay for the installation of new carpet in the home.
23 After the parties moved into the Winesap Lane house, Mr. Fisher continued to do
24 substantial ongoing work on the house, his testimony as to which was, of necessity, somewhat
25 abbreviated due to the one day limit placed upon the completion of this trial and his recognition
26 of his need to provide an opportunity for the other side to present its case as well. (Mr. Fisher
27 asks this court to consider this factor as to the brevity necessary at trial for all of the issues
28 addressed at trial as well as in this motion.)
29
MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
PAGE 3 OF9 20016 CEDAR VALLEY ROAD, SUITE 106
NSB-FISHER-S/25/08 LYNNWOOD WA 98036-6332
(425) 672-3410
FAX (425) 744-0456
1 This court, in its oral findings, at page 5, line 6, found that Mr. Fisher was doing ''what
2 one would expect a normal homeowner to do .... " Thus, the court itself, at one level, affirms Mr.
3 Fisher's state of mind that he did and should have ownership rights relative to the real property,
4 and that his efforts were being made for the benefit of the community, rather than for the sole and
5 separate benefit of his wife. While quantification of Mr. Fisher's contributions maybe difficult to
6 ascertain, the court still has a factual basis under which and upon which to award him an interest
7 in the former family home, and/or place a substantial community lien against the former family
8 home - as to which all mortgage payments from the date of purchase through the date of
9 separation of the parties were made from the wife's earnings, a community asset.
10
11 ISSUE #2
12
13 Petitioner contends that this court did not do substantial justice when it more-or-less
14 divided the net community asserts 50150, and gave Mr. Fisher an additional $10,000 as the
15 "appropriate award herein."
16 Petitioner contends that under the totality of the circumstances before this court, a
17 $10,000 differential judgment was not appropriate nor equitable.
18 The circumstances before the court included a 73% I 27% net income differential of the
19 parties, or, in other words, the wife out-earning the husband appropriately three-to-one at this
20 time.
21 In addition, based upon the court's existing ruling that the house is the wife's separate
22 asset, the wife is seized of this real property with nearly $94,000 in sole and separate equity,
23 unless Issue # 1 is reconsidered and reconfigured by this court. The husband has no significant
24 separate assets, only significant separate debt.
25 From formal marriage to final separation in this case, a period of seven years elapsed,
26 plus the prior committed relationship period of the parties which lasted for nearly three prior
27 years.
28 During this ten year period, Mr. Fisher was effectively the house-spouse of this
29 relationship unit. This extended even before the birth of the parties' joint child, Samantha, who
MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
PAGE4 Of 9 20016CEDAR VALLEY ROAD, SUITE 106
NSB-FISHER-SllS/08 LYNNWOOD WA 98036-6332
(425) 672-3410
FAX (425) 744-0456
1 was born in January 1999. For the preceding three-and-one-half years, Mr. Fisher was the
2 individual who provided the principal care for the two other children of Ms. Seymour from her
3 prior relationship.
4 Even before Ms. Seymour began her employment at Intermec in 1997, she was busy
5 teaching, writing, consulting and advising. Mr. Fisher enjoyed and had no difficulty in taking on
6 the house-spouse role for the parties both before and after the birth of their daughter. While this
7 role is statistically more commonly performed by the wife, the parties herein established Mr.
8 Fisher in that role. As is often the situation for the statistically more common house-wife, Mr.
9 Fisher worked irregularly, and was more focused on household-related responsibilities. In
10 addition, he was also doing as much work around the home as he could in order to save money,
11 including car-repairs and home improvement jobs, rather than pursuing employment in the
12 traditional work community, which was being successfully achieved by his wife, Ms. Seymour.
13 Mr. Fisher's attention to the home certainly enabled Ms. Seymour to progress professionally to
14 the level she achieved during the parties' marriage and thereafter.
15 Husband herein has been awarded approximately $5,500 worth of vehicles, plus 50% of
16 the two retirement benefit plans, the total present values of which are just over $65,000, plus the
17 $10,000 award. Under the totality of the circumstances before this court, and given the present
18 status of the Winesap Lane house, Mr. Fisher asserts that if the court maintains its determination
19 relative to the house, Mr. Fisher should be awarded $24,000 as an appropriate equitable award
20 herein. (In the event the court re-determines the equity in the house to be a community asset, and
21 divides such equity at least 50150, Mr. Fisher would waive the existing $10,000 judgment.)
22
23 ISSUE #3
24
25 Petitioner contends that this court did not do substantial justice when it denied his request
26 for past-due maintenance and/or equivalent future maintenance.
27 It is clear from the testimony that Mr. Fisher needed financial support by way of
28 maintenance from his wife after the three month period when she terminated her payments in
29 March 2006. Mr. Fisher would contend, and does believe that he did testify that he did speak
MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
PAGE 5 OF 9 20016 CEDAR VALLEY ROAD. SUITE I 06
NSB-FISHER-8125/08 LYNNWOOD WA 98036-6332
(425) 672-3410
FAX (425) 744-0456
1 with her on more than one occasion about her rion-payments. Based upon the evidence presented
2 at trial, Mr. Fisher was clearly in need of that assistance. He certainly did testify that he had to
3 cover his living expenses by way of incurring substantial credit car.d debt, which is now
4 approximately $8,000, but only because he has been able to pay some of that debt down. Even if
5 the court, in its discretion, were to maintain its analysis that Mr. Fisher arguably waived his right
6 to past maintenance by not .coming to court until trial, the court still has the discretion to award
7 present maintenance to him based upon the consumer credit card debt he has had to incur to
8 maintain the household he provides for himself and the parties' daughter. The court will recall
9 Mr. Fisher's testimony that he did not secure employment outside his historical field of expertise
10 until September 2007, after making substantial efforts within his field.
11 Given the significant balances already owed to his attorney after the initial flurry of
12 litigation between September and December 2005, it would not have been unreasonable for Mr.
13 Fisher to be reluctant to incur additional fees coming back to court. As the court will have seen
14 from the court file, nothing occurred in this case between December 2005 and December 2007,
15 when a Note for Trial Setting was filed by the respondent, Pro se.
16 By either mechanism or approach, Mr. Fisher should be awarded either a judgment for
17 reasonable past maintenance owed or reasonable future compensatory maintenance.
18
19 ISSUE #4
20
21 Petitioner contends that this court did not do substantial justice when it awarded him
22 $7,500 in attorney fees.
23 To the extent that this court determined that Ms. Seymour should pay half of Mr. Fisher's
24 attorney fees relative to this dissolution action, the more appropriate quantum should arguably
25 have been $10,000. As Mr. Fisher testified, about $6,000 were still owed in fees relative to his
26 defense against the unwarranted Petition for Protection filed by Ms. Seymour in September 2005
27 under cause number 05-2-01150-3, as well as the initial phase of his pursuit of his action for
28 dissolution immediately thereafter. On September 26, 2005, the court did "not find sufficient
29 evidence ... " to support the wife's petition in 05-2-01150-3, and dismissed it with prejudice.
MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
PAGE 60F9 20016CEDAR VALLEY ROAD, SUITE 106
NSB-FISHER-8125/08 LYNNWOOD WA 98036-6332
(425) 672-3410
FAX (425) 744-0456
I
_J
1 For the next two and a half months, Mr. Fisher was forced to litigate the continuing
2 effects of the initial temporary orders in that matter by way of filing his Petition for Dissolution
3 of Marriage and seeking temporary orders primarily to provide for Samantha's best interests in
4 his care and related financial issues to support his household. His balance owed at the
5 conclusion of the initial dissolution litigation stood at about $6,000 after his payment of about
6 $3700, and the balance of his fees have been incurred in his trial preparation and trial herein.
7 To the extent that Mr. Fisher was forced by his former wife to incur expenses in the
8 action dismissed against her, and pursue the best interests and protection his daughter as a result
9 thereof, Mr. Fisher asks this court to reconsider and increase the award of attorney fees
10 previously entered.
11 Mr. Fisher also asks this court, relative to attorney fees, to reconsider the interest level for
12 the attorney fees set by this court at 6%, given that the interest rate charged by his counsel is
13 12%, and such fees have not been yet paid by Ms. Seymour.
14
15 ISSUE #5
16
17 Petitioner contends that this court did not do substantial justice when it entered the two
18 QDROs in this matter.
19 These proposed orders were not tendered to counsel for the petitioner by July 31, 2008,
20 and were not addressed by the counsel for the petitioner with his submission of documents which
21 were due to the court on August 14, 2008.
22 Petitioner's biggest concern relative to the QDRO issue relates also to the language on the
23 matrix accompanying the final documents relative to a Bullicek computation of the retirement
24 benefits. The Bullicek proposition generally relates to the timeframe during which the employee
25 spouse worked for the benefiting company.
26 In this case, however, the period of time for which the wife made contributions to her
27 plan did not correspond to the duration of her employment with Intermec and/or its successor
28 company. The wife's contributions to her retirement plan, and the corresponding contributions
29
MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
PAGE 7 OF9 20016 CEDAR VALLEY ROAD, SUITE 106
NSB·FISHER-at2S/08 LYNNWOOD WA 98036-6332
(425)672-3410
FAX (425) 744-0456
1 from her employer, ended almost immediately after the separation of the parties in September
2 2005.
3 The QDROs will, of necessity, need to have this issue clarified. Counsel for the
4 petitioner believes this issue may be able to be resolved between counsel, but has not had the
5 time/opportunity to address this issue to opposing counsel. (The final orders in this case were
6 not received by petitioner's attorney until Monday, August 18, 2008, while Mr. Besman was in
7 trial/settlement negotiations/presentation before this court in another matter. He was not even
8 aware that the QDROs had been entered by this court until the next day, August 19.)
9 The court should vacate the current QDROs, which have not been tendered to the plan
10 administrators by the petitioner, pending resolution of the operative period for division as
11 proposed for reconsideration/clarification above.
12
13 ISSUE #6
14
15 Petitioner contends that the court did not do substantial justice when it found that he
16 "could become employed full-time" in FOF 2.10.
17 Petitioner, at the time oftrial, testified about the extent of his employment both as a
18 substitute para-educator and technical assistant at NorthShore Performing Arts Center. The
19 combination of hours worked on the two jobs has been at least, if not more than, 40 hours per
20 week, a full-time equivalent when the total hours are considered.
21
22
23 For the reasons set forth above, petitioner/former hush.and/father asks that this court
24 reconsider the six issues above and grant more substantially just relief consistent with the
25 requests above or reopen testimony applicable to the issues above.
26
R"'Poc<fully rubm;uoo a.;, e1>.,_A"'"''· 2008~&!\
27
28
.NORMANS. BESMAN, WSBA #12585
29 Attorney for Amana 1.K.M. Fisher
MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
PAGE 8 OF 9 20016 CEDAR VALLEY ROAD, SUITE !06
NSB-FISHER-812.'.'i/08 LYNNWOOD WA 98036-6332
(425) 672-3410
FAX (425) 744-0456
..
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Reviewed and approved:
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~-ff'~
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.AMANA 1.K.M. FISHER
Petitioner
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MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
PAGE90F9 20016CEDAR VALLEY ROAD, SUITE 106
NSB-FISHER-8/21J08 LYNNWOOD WA 98036-6332
(425) 672-3410
FAX (425) 744-0456
•.
F~LED
08 AUG 26 PM 3: 56
r I\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ SONYA lrnASKI
COUNTY CLERK
CL 13576727 SrWHOMISH CO. WASH
-
SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
3
4 In Re:
AMANA 1.K.M. FISHER NO. 05-3-02756-0
5
Petitioner,
6 and TRANSCRIPT OF
7/17/08 ORAL
7
STEPHAN1EJ.SEYMOUR DECISION
8 Respondent.
9
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14 Incorporated as referenced in paragraph 1.2 of Findings of Fact herein.
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25 TRANSCRIPT OF 7/17/08 ORAL DECISION NORMANS. BESMAN WSBA #1258
PAGE I 20-016 CEDAR VALLEY ROAD, SUITE 1
NSB-FISHER-8125/08 LYNNWOOD WA 98036-6332
26 (425) 672-3410
CC0~1f
7 )
STEPHANIE J. SEYMOUR, )
8 )
Respondent. )
9
15
16
17 AP P E ARA NC E S
18
For the Petitioner: REBECCA TORGERSON
19 Attorney at Law
20
21
For the Respondent: NORMAN BESMAN
22 Attorney at Law
23
24
25
01,49,35 4
01,51,39 4 He was part of the Love Israel sect and as such had no
01,53,41 21 $35,000. She now earns about $100,000. She does have
- - - ----------------------
FISHER V. SEYMOUR 7-17-08
01,55,33 8 amount of the down payment was her separate proceeds that
01,55,46 10 In addition, she had borrowed some money from her 401(k),
01,59,01 4 terms of how that work has affected the current fair
01'58 ,42 10 ten years later one looks at and says, yes, you should be
01,59,25 17 frankly, the court will accept the worksheet that has
01,59,31 18 been presented by the respondent. In terms of any of the
02,00,59 6 Ms. Seymour and she will hold Mr. Fisher harmless
02,01,os 7 therefrom.
02,01,07 8 There are some requests, and one is in terms that
02,01,11 9 Mr. Fisher has asked the court to award him essentially
02,02,23 20 something that the award would be temporary and that she
02,03,39 7 the court that there was no demand for payment, which
02,04,33 15 going to go back some two years and collect the amounts
02,04,39 16 that are due and owing. So for those reasons I will not
02' 05' 08 21 credit for the substantial amount of time that she will
02o05o39 1 month with the credit, and I'm using round numbers, it
02o06o34 9 back and make up the $6,000 that Mr. Fisher claims is
02o06o42 10 owing, it does appear to me based upon the child's needs
02o06o49 11 and based upon his earnings at this point in time, and
02o07o02 13 you know, he should go out and get a better job. Well,
02o07o04 14 during all of the period of time that she was with him,
02o07o08 15 during all of the period of time that she dated him, she
02o07oll 16 was perfectly happy to have him have that kind of job. I
02o07o42 22 of the care for her child, she will probably be carrying
02o07o50 23 the laboring oar, and that's probably true for the rest
02o07o54 24 of that child's life, at least in terms of the economic
02o07o59 25 situation.
02,oa,33 4 from the worksheets that were provided, $661 per month.
02,12,05 12 this case would be $7,500 in favor of Mr. Fisher, and the
02,12,14 13 court would make an award of $7,500 in that amount.
02,12,22 14 The last issue is should the court make some sort
02,12,53 19 value of the house was not increased in terms of the fair
02,13,30 24 not unmindful that Mr. Fisher had no assets when he came
02 '13 '41 1 throughout the course of the relationship is the one that
02,13,45 2 earned the vast majority of the money. I am not
02,13,50 3 unmindful of the fact that the Seymour LLC is essentially
02,13,55 4 a family asset that Mr. Fisher is not going to have the
02,14,04 5 enjoyment in.
02:14:07 6 But the bottom line of all of this is that
02,14,11 7 Ms. Seymour is leaving this relationship essentially with
02:14:15 8 a house, and although it is not an economic value in an
02,14,25 9 LLC, it is certainly in the totality a valuable piece of
02,14,34 10 property.
02,14,39 11 It seems to me that some recognition of
02:14:44 12 Mr. Fisher's contribution to the relationship, and by
02,14,51 13 that I'm talking about from at least the period of time
02,14,57 14 of the commitment period to the date of separation,
02,15,03 15 should be acknowledged. There is no mathematical formula
02,15,09 16 that the court can utilize, but it seems to me that an
02,15,16 17 award of $10,000 is appropriate, and I would award a
02,15,26 18 judgment of $10,000 to Mr. Fisher.
02,15,29 19 Obviously I will adopt the agreed parenting plan
02,15,35 20 that has been proposed, and I will save that until
02,15,41 21 presentation of the findings of facts and conclusions of
02,15,46 22 law.
02,15,50 23 That concludes my remarks. Unless there is any
02,15,59 24 questions, as counsel know, the way I do the findings of
02,16,19 3 for comment, and then will make a reply. That will be
02,16,25 4 submitted to me without oral argument. Thereafter I will
02,16,35 5 enter the findings of fact and conclusions of law and
02,16,51 10 not divorced. You will not be divorced until such time
02,16,56 11 as this paperwork is actually entered. Once the
02,17,05 12 paperwork is entered, then you will be divorced.
02,17,09 13 Until the paperwork is entered, the temporary
02,10,01 4 portion?
02,18,0l 5 THE COURT: Yes. Your entire exhibit was adopted
02,10,10 11 separation.
02,19,11 12 MS TORGERSON: Okay.
02,1a,16 13 MS. BESMAN: I have no questions at this time,
I
02:18:18 14 Your Honor.
02,19,19 15 THE COURT: All right. Thank you very much.
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Re: Fisher v. Seymour
(Snohomish County Cause no. 05-3-02756-0)
Counsel,
Please find enclosed a copy of the Order Denying Petitioner's Motion for Reconsideration of July 17, 2008
Trial Decision on the aforementioned cause number. The Original of said documents was filed with the Clerk's
Office. lfyou have questions or concerns, please contact me at (425) 388-3356.
Sincerely,
Jane K. Muhlstein
Law clerk to the Honorable Ronald L. Castleberry
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FILED
08 OCT 27 AH II : I+ 7
8£686££~1::>
SONYA KRASKI
COUNTY CLERK
llll llll lllll lllll lllll lllll lllll lllll l l/1111 Ill/II Ill/Ill I SIWHOMISH CO. WASH
-
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SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
2
-- ":,.~~~·~·~~~"--------------------i
~IH8\I
- ...
3
AMANA 1.K.M. FISHER NO. 05-3-02756-0
4
Petitioner,
5 vs. SATISFACTION OF JUDGMENT
(FULL SATISFACTION)
6
STEPHANIE J. SEYMOUR Clerk's Action Required
7 Respondent.
15
16 DATED: -z._ 3 I t Z008 Signed: ~l/,1111/Ut~
-~---~~-~-1-------1;:\;:;::---
AMANA I.K.M. FISHER
17
Petitioner I Judgment Creditor
STATE OF WASHINGTON
18 COUNTY OF SNOHOMISH
I certify that I know or have satisfactory evidence that
19 AMANA LK.M. FISHER is the person who appeared
before me, and said person acknowledged that he
20 signed this instrument as his free and voluntary act
for the uses and purposes mentioned in the instrument.
21
22
DATED: 4htfodf?60ib-=--
ROBER AL. PO
-
SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
3
4 In Re the Marriage of:
5 AMANA LK.M. FISHER NO. 05-3-02756-0
Petitioner,
6
and DECLARATION OF MAILING
7
STEPHANIE J. SEYMOUR
8
Respondent.
9
10
11 The undersigned certifies and declares:
!2 I. I am a United States s:jtizen over eighteen years of age and competent to be a witness
herein.
13
14 2. On this date I deposited two properly stamped and addressed envelopes in the mails
of the United States of America, one certified, return-receipt requested and the other
15 regular mail, directed to:
16
AMANA FISHER
17 725 EAST 5TH STREET #5
18 ARLINGTON, WA 98223
2 I certify under penalty of perjury under the laws of the State of Washington that the
3 foregoing is true and correct.
4 Executed ().el'i&ihefr.A ,2008, at Lynnwood, Washington.
~
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BOBBI POOR
8 Legal Secretary for Norman S. Besman
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DECLARATION OF MAILING NORMANS. BESMAN WSBA #12585
20016 CEDAR VALLEY ROAD, SUITE 106
PAGE20F2 LYNNWOOD WA 98036-6332
NSB·FISHER-IUJ!OS
(425)672-3410
FAX (425) 744-0456
.,
,../
13 PLEASE BE INFORMED that pursuant to Civil Rule 71, the undersigned intends to
14 withdraw as counsel of record for Arnana Fisher, Petitioner herein, on December 18, 2008. This
withdrawal shall be effective wilhout order of court unless you serve a written objection upon the
15 undersigned prior to that date. No hearings in this matter are presently set.
16
The name and last known address of the undersigned's client is as follows:
17
18 AMANA I.KM. FISHER
725 EAST 5TH STREET #5
19 ARLINGTON, WA 98223
20 !'>.. L'-
Dated this -, day of December, 2008.
21
22
Norman S. Besman, WSBA# 12585
23 Attorney for Petitioner
24
NOTICE OF INTENT TO WITHDRAW NORMANS. BESMAN WSBA #12585
25 20016 CEDAR VALLEY ROAD, SUITE 106
PAGE I
NSB-FISHER-12/l/08
LYNNWOOD WA 98036-6332
26 (425) 672-3410
FAX (425) 744-0456
27
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,
FILED
'i
~\I CL13483448.
Il ~
2 SNOHOMISH CO, WASH
3 I I1\\1\\1 \\III\\\11111\1\\11\1\\ \1\11\1\\11\111\\1
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
11 and
12
STEPHANIE J. SEYMOUR,
13
Respondent
14
17 AND TO: Amana Fisher, Petitioner, 725 E 5th Street, #5, Arlington, WA 98223
19 record for Stephanie J. Seymour, Respondent herein, as of January 26, 2009, Said date is at least
20 ten (10) days after service of this notice. This withdrawal shall be effective without order of
21 court unless an objection to the withdrawal is served upon said withdrawing attorney prior to the
23 BREWE LAYMAN
Atto..-neys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX488
26
ORIGINAL EVERETT, WASHINGTON 98206-0488
Telephone (425) 252-5167
Facsimile (425) 252-9055
'J
2 The last known address of Respondent is listed above, and all future pleadings in this
5 BREWE LAYMAN
Attorneys at Law
r essional Service Corporation
6
7
By-=-"'~~~~::L_':..7-J~~'...!.J..
Rebecca J. Torgerso
8
Attorney for Respondent
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23 BREWE LAYMAN
Attorneys al Law
A Professional Services Corporation
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333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVEREIT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
r,
I. STIPULATION
It is stipulated that the Clerk may destroy all exhibits received in the above entitled action without
further notice to the parties unless counsel or the parties withdraw the exhibits within 75 days, but not sooner
than 45 days, after one of the following occurrences:
The Judgment becomes final; or
The Judgment becomes final after appeal; or
An order of dismissal is filed.
\~~!?A l~s,
Plaintiff's/Petitioner's Attorney & WSBA #
~::s. ~ bcc. 0
_2co._(Q=-.._o~'-="~\k~ll\~li,\~~~¥;&>=·~~-le<o~-~-LL\_N-~\'t~ fb ITT 4-'i$la1 Bteyet\-\Af\- q~ddo
Telephone # 4 :z.:~ · bl Z..- 3"'\ I 0 Telephone # L\-2S - NS" Ql -G\ b']
Print Name '-71tJ/Lma=n Print Nallle /2 ~b€CC4 -J:i7J=€-/l!-.S. ~
II.ORDER
It is hereby ordered that the exhibits be disposed of as outlined above without further order of this court.
DATED: h J
FOR RECEIPT OF EXHIBITS (Copy Must Be Presented to Clerk's Of e Records Dept.)
VIEWING INFORMATION:
Date: Date:
---------
Viewer Name:
---------
Viewer Name:
------------
Exhibits Viewedffaken:- - - - - - - -
------------
Exhibits Viewedffaken:
Records Clerk Verify Out: _ _ _ _ _ __
---------
Records Clerk Verify Out: _ _ _ _ _ _ __
Viewer Verify Out:_ _ _ _ _ _ _ _ __ Viewer Verify Out: _ _ _ _ _ _ _ _ _ __
Records Clerk Verify in_ _ _ _ _ _ __ Records Clerk Verify in: _ _ _ _ _ _ _ __
~ate: _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date:
---------------
Viewer Name: Viewer Name:
------------
Exhibits Viewedfraken:- - - - - - - -
------------
Exhibits Viewed/Taken:
Records Clerk Verify Out: _ _ _ _ _ __
---------
Records Clerk Verify Out: _ _ _ _ _ _ __
Viewer Verify Out:_ _ _ _ _ _ _ _ __ Viewer Verify Out:
Records Clerk Verify in: _ _ _ _ _ _ __
- in:
Records Clerk Verify -_ -_-_-_
-_-_-_-_- _-
Date: _ _ _ _ _ _ _ __ Date: _ _ _ _ _ _ _ __
Viewer Name: Viewer Name:
------------
Exhibits Viewedffaken: - - - - - - - -
-------------
Exhibits Viewedffaken:
Records Clerk Verify Out: _ _ _ _ _ __
---------
Records Clerk Verify Out: _ _ _ _ _ _ __
Viewer Verify Out: _ _ _ _ _ _ _ _ __ Viewer Verify Out: _ _ _ _ _ _ _ _ _ __
Records Clerk Verify in:- - - - - - - - Records Clerk Verify in: _ _ _ _ _ _ _ __
Withdrawal/Destruction Information:
Plaintiff/9efettdl'Htt W/D er Dest Plaitttiff/Defendant ~r Dest
Date: '1-b~Oq Date: '1-lcoq
Exhibit #(s): 1-'l tr/ - "I Exhibit #(s): /IJ '1..6 - J'1 J6- 'IK CO ·fl tt/- l I
1
Records Clerk Initials: _ _ J~8____ Records Clerk (nititals: ' Jll
• \\\\\\\\\\\\\\\\\\\\\\\\\\\Ill\\\\\\\\\Ill\\\\\l\\U\11\\\\
CL15386470
2012 MAY 17 PM J:
SONYA l~RASKI
COUNTY CLERK
<::)
• Name:~ST~EP~H=A~N=IE~JA~N~E~S=E~Y~M~O~U~R~------
$ _ _ _ __
Declarant's Total Monthly Household Expenses (from§ 5.9 below)
Declarant's Total Monthly Debt Expenses (from§ 5.11 below) $ _ _ _ __
Estimate of the other pany's gross monthly income (from§ 3.lf below) ~$ t-f: I (j;J_ 60
[]unknown
a. If yes: (I) Where do you work. Employer's name and address must be listed on the
Confidential Information Form.
Intermec Technologies Corporation
6001 36th Avenue West
•
(2) When did you start work there (month/year)? October 1998
'
• b. If no: (I)
(2)
(3)
When did you last work (month/year)?
What were your gross monthly earnings?
Why are you presently unemployed?
If child support is at issue, complete the Washington State Child Support Worksheet(s), skip Paragraphs 3. I and 3.2.
If maintenance, fees, costs or debts are at issue and child support is Not an issue this entire section should be
completed. (Estimate of other party's income information is optional.)
3. I Gross Monthly Income
If you are paid on a weekly basis, multiply your weekly gross pay by 4.3 to determine your monthly wages
and salaries. If you are paid every two weeks, multiply your gross pay by 2.15. If you are paid twice
monthly, multiply your gross pay by 2. If you are paid once a month, list that amount below.
C2!:ew@1e.
Name .
,,,,
Name
II\•- .... nlll
•
From $ $
e. Other Income $ $
f. Total Gross Monthly Income (add lines 3.la through 3.le) $ 0. ) lo -:r $
'
g. Actual Gross Income (Year-to-date) $ $
3 .6 If the income of either party is disputed, state monthly income you believe is correct and explain below:
•
$
4.3 Stocks and bonds, cash value oflife insurance $ _ _ _ __
Monthly expenses for myself and dependents are: (Expenses should be calculated for the future,
after separation, based on the anticipated residential schedule for the children.)
5.1 Housing
Rent, 1st mortgage or contract payments
Installment payments for other mortgages or encumbrances
Taxes & insurance (if not in monthly payment)
Total Housing
5.2 Utilities
Heat (gas & oil) -
$ _ _ _~
Electricity $ 02t5e.OZ>
: Ol ~g Cl)
Water, sewer, garbage
Telephone
r,
• Cable
Other
Total Utilities
$
$
$ f5W
5.3 Food and Supplies
Food for
~ persons $ J'-13 oS-
J'18.Z ~1-
--
Supplies (paper, tobacco, pets) $
Meals eaten out $
Other $
Total Food Supplies $ J.23D ;3J..
5.4 Children
Day Care/Babysitting $ -
I ~1:0'1
-
Clothing $
Tuition (if any) $
Other child-related expenses
Total Expenses Children
$~
$3 6'f
•
5.5 Transportation
Vehicle payments or leases $
Vehicle insurance & license $ ~CVZ..
Vehicle gas, oil, ordinary maintenance $ -Jd.t5
Parking $ r9.~
Other transportation expenses $ a.11
Total Transportation $ ID.fr
5.6 Health Care (Omit if fully covered)
JB~2.C~U~~~~~~~~~~4.~~~,s.~~~&~~uo.XlOt>~
• 5.11
]ttU :z3~~3(p
Other Debts and Monthly Expenses not Included in Paragraphs .1
Through 5.8
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Total Monthly Payments for Other Debts and Monthly Expenses ;;,.Mo
5.12 Total Expenses (Add Paragraphs 5.9 and 5.11) $ /0,45J.
, ~
6.2
6.3
Amount paid for attorney fees and costs to date:
$ _ _ __
6.5 Other:
1 declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
The following financial records are being provided to the other party and filed separately with the court.
Financial records pertaining to myself:
•
[ ] Individual [ ] Partnership or Corporate Income Tax returns for the years - - - - - -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ including all W-2s and schedules;
[]Pay stubs for the dates of - - - - - - - - - - - - - - - - - - - - - - -
[]Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Do not attach these financial records to the financial declaration. These financial
records should be served on the other party and filed with the court separately
using the sealed financial source documents cover sheet (WPF DRPSCU
09.0220). If filed separately using the cover sheet, the records will be sealed to
protect your privacy {although they will be available to all parties in the case,
their attorneys, court personnel and certain state agencies and boards.) See GR
22 (C){2) .
Part Ill: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page B)
Father's Signature
Date City
Illlllll llllllCL15386462
Ill lllll lllll lllll lllll lllll lllll lllll llll llll
1. Please note that the court will be asked to determine whether adequate cause exists to modify/adjust
the custody decree/parenting plan/residential schedule as requested in the petition filed in this case.
2. A hearing ~been set for the following date, time and place.
Date: V lA.0 8- \ ) , ,;;2. 0 10- Time: 9:00 a.m.
Place: Snohomish Cotfuty Superior Court Department: B or C
3. If the court does not find adequate cause, the petition will be denied.
CASE NO.
AMANA I KH tt6H£g,,_
CALENDAR NOTE: (NTC)
If noting a presentation, or if a particular Court Commissioner has already heard a recent motion in the matter,
please indicate that Court Commissioner's name here: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
WARNING: The moving party MUST CONFIRM by calling 425-388-3587 two (2) court days prior to the hearing
BEFORE 12:00 noon, in order for the matter to be heard.
Failure to notify the Court of a continuance or strike may result in sanctions and/or terms. SCLCR 7(b)(2)(H).
This form cannot be used for trial settings. SCLMAR 2.1 40(b).
See below for other confirmation and noting information.
FAMILY LAW/DOMESTIC MOTIONS: Most family law & domestic motions are heard on a Court
Commissioner's calendar. The exceptions are matters relating to trial settings, trial continuances, motions for
revision, motions to waive mediation requirement, and motions to enforce CR2A agreements; please refer to the
Civil Motion Calendar Note regarding these motions.
EXTENDED MOTIONS BEFORE A COMMISSIONER: Extended motions are set by the Court Commissioner, not
by a party or by counsel.
CONFIRMATION NOTES: All matters set on the Judge's Civil Motion Calendar, Presiding Judge's Trial
Continuance Calendar or Court Commissioner Calendars must be confirmed at 425-388-3587 two (2) court days
prior to the hearing BEFORE 12:00 noon. All other matters noted before an individual judge must be
confirmed/continued by his/her law clerk. Adoptions, reasonableness hearings and minor settlements are specially
set and confirmed through the Civil Motions Judge's Law Clerk at 425-388-3421. If you reach voice mail when
confirming, you must leave the requested information or the matter will not be confirmed/continued.
Please print the names, addresses etc. of all other attorneys in this case and/or all other parties requiring
notice.
Name: WSBA#:
Phone# Ext.
Attorney for: (CHECK ONE)
D. Petitioner/Plaintiff D Respondent/Defendant
OProSe
Name: WSBA#:
Address: Phone# Ext.
Attorney for: (CHECK ONE)
D Petitioner/Plaintiff D Respondent/Defendant
OProSe
Name: WSBA#:
Address: Phone# Ext.
Attorney for: (CHECK O.NE)
D Petitioner/Plaintiff D Respondent/Defendant
OProSe
Name: WSBA#:
Phone# Ext.
Attorney for: (CHECK ONE)
D Petitioner/Plaintiff D Respondent/Defendant
OProSe
Name: WSBA#:
Phone# Ext.
Attorney for: (CHECK ONE)
D Petitioner/Plaintiff D Respondent/Defendant
OProSe
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
15 TO: THE CLERK OF THE ABOVE-ENTITLED COURT; and
TO: Arnana I.K.M. Fisher, Petitioner and his attorney, Nancy Balin
16
I STA TE that:
17
I. I am Rebecca J. Torgerson ofBrewe Layman, Attorneys at Law, Attorneys for the
18 Respondent.
26
OR\GlNAL P.O .BOX 488
EVERETT, WASHINGTON 98206-0488
Ttlcphonc (425) 252-5167
Facsimile (425) 252-9055 \\)\
,._ I '
,.
I ~
Dated this _j_ day of June, 2012.
2
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Byd-,1'4-l-IL:..:...:..~=1.,,~4"-~U....'l
5 R ca J. Torgerson
WSBA32956
6 Attorney for Respondent
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23 BREWE LAYMAN
Attorneys al Law
A Prnfessional Services Corporrition
24 NOTICE OF APPEARANCE - 2
333 COBALT BUILDING
25 3515 COLBY AVENUE
P.0.BOX488
EVERETT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Fa.:slmilc (425) 252-9055
FILED
I1\\1\\1 I \·CL
~ 15320251
1 \1 \ ~\1 \ 1\1 \I1 \1 \ 1
\\I11\\1\II\\1111\
12 JUN I 8 PM 3: 53
SONYA KRASKI
COUNTY CLERK
4 SHOHOHISH CO. WASH
IO AMANA FISHER,
11
Petitioner, No. 05-3-02756-0
and
12 Notice of Withdrawal and Substitution
STEPHANIE SEYMOUR,
13 Respondent.
14
TO: Clerk of the above -entitled Court and
15 TO: Stephanie Seymour, Respondent;
16 PLEASE TAKE NOTICE that Nancy Balin, hereby withdraws as attorney of record fo
17
the Petitioner in the above entitled matter and substituting as counsel is Veronica Freitas, of V.
Freitas Law, PLLC, who hereby appears and requests that all future papers in this proceeding b
18 directed to her.
19
DATED June 15, 2012.
20
Respectfully submitted,
21
22
Nancy Balin, WSBA # 21912
23
WITHDRAWING COUNSEL
24
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/./w ~
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VERONICA FREITAS
V. FREITAS LAW, PLLC.
Notice of Withdrawal and Substitution 210 Summit Avenue East
Seattle, Washington 98102
Page I of I (206) 328-7362
v@vfreitaslaw.com
12 JUN 21 A.i: //:
I l ~ 1 1 1 1 1 I ~
11111111111111111111111111111111 lllll 1 1 SUPERIOR COURT OF
WASHINGTON B8UYA ?IRAS!{/
20
CL15431066 FOR SNOHOMISH COUNTY .' HOHo~11~r. Sf.JJ?/{
AMANA I. K. MERRITT FISHER CAUSE NO. 05-3-02756-0
(PETITIONER) COMMISSIONER: ARDEN J. BEDLE
AND CLERK: S. HUBER
DATE: 06/21/12 AT 9:00 A.M.
STEPHANIE JANE SEYMOUR DIGITALLY RECORDED
(RESPONDENT)
THIS MATTER CAME ON FOR: ADEQUATE CAUSE; MODIFICATION OF PARENTING PLAN AND CHILD
SUPPORT TEMPORARY ORDER
CONTINUED DATE/TIME/CALENDAR AND CONTINUANCE CODE: 07/18/12 @ 9 AM (D4) HCNTDA
HEARING DATE SET/TIME/CALENDAR CODE:
ACTION: ADEQUATE CAUSE #90; MODIFICATION OF PARENTING PLAN AND CHILD SUPPORT
TEMPORARY ORDER #96
HEARING STRICKEN/CODE:
DOCUMENTS FI LED :
fROCEEDINGS/COURT'S FINDINGS:
1 MINUTE ENTRY
FILED
2012JUN21 AM 9=33
I\ \ \ \~\ ~CL15316836
\ \ \ \ \ \ \ \ \ ~\ \ \ \ \ \ \ \ \ \ ~\ \
SONYA KRASKJ
COUNTY CLERK
SNOHOMISH CO. WASH
)
AW\Atfk \.\C-.N\ Fl~~ )
1" "W 10 I /PETITIONER )
)
) N0.05·3·02."'7'?h·O
)
) ORDER C.,O N'TC N IA I Nb
~ ~Nb
..fvl ~ l\vH t1V\ Rtt{ L.tl ved IJ
~"""COMMISSIONER
6101 page1ol2 v-c,rvr.J,;v- ~k
\\D
F\LEO
!81? AUG -2 AM 9: 48
soW!'A KR/I.SK\
6
IN TIIB SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR Tiffi COUNTY OF SNOHOMISH
11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
15 I. BASIS
ORIGINAL
Facsimile (425) 252·9055
Ill
The nonmoving party was served with a copy of the petition for modification/adjustment
2 of custody decree/parenting plan/residential schedule, summons, a proposed parenting
plan, and child support worksheet on May 18, 2012.
3
2.3 TIME ELAPSED SINCE SERVICE ON THE NONMOVING PARTY.
4
The nonmoving party was served within the state of Washington and more than 20 days
5 have elapsed since the date of service.
6 2.4 RESPONSE.
9 The parties stipulate that there is adequate cause for hearing the petition.
13 2.6.2 Dependent of a service member status --- It appears the nonmoving party:
22 COMMISSIONER
9 By udi---
Veronica Freitas, WSBA 19405
IO Attorney for Petitioner
11
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23 Ord re Adequate Cause (ORRACD, ORRACG, ORH) - Page 3 of 3 BREWE LAYMAN
WPF DRPSCU 07.0300 Mandatory (712007) - RCW 26.09.260; .270;. Altorney5 at Law
A Profeuional Servkca Corporathtn
24
3" COBALT BUILDING
25 3525 COLBY AVENUE
r.o.eox..-
EVERETT. WASHINGTON 98106-0488
26 Tele:phooe (425) lSl-5167
Facsimile {425) lSl-9055
II,'.
'Ff·LED
13SEP26 AHll=36
SONYA J. KRASki
2 COUNT-Y CLERK·
SNOHOMISH CO: WASH.
3
5
\l\1~111111111
CL16436984
6
IN THE SUl'ERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH
II and
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· STEPHANIE J. SEYMOUR,
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Respondent
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_19 PLEASE TAKE NOTICE THAT the undersigned intends to withdraw, as attorney o
20 record for Stephanie J. Seymour, Respondent herein, as of October 9, 2013. Said date is at least
21 ten (I 0) days. after service of this notice. This withdrawal shall be effective without order o
22
23 BREWE LAYMAN
- AUorDeya al Law
A Professlaml Servlta_Corporadaa
24
3 The last known address of Respondent is listed as above, and all future pleadings in this
4 matter should be directed io her at said address. If no address is stated above, then jlfler .said
5 wit_hdrawal of the undersigned as attorney of record and so long as the address of the
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withdrawing attorney's client remains undisclosed and no new attorney is substituted, the clieni
7
_may be served by lea,ving papers wi_th 't_he Clerk of the Court pursuant to Civil Rule 5(b)(l).
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Dated this ic; day of September, 2013 ..
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23 BREWE LA VMAN
Attomey1 al Law
A PrVrcS:sfaDal Stryl~. Corpcindon
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lll COBALT BUILDING
25 lSlS COLBY AVENUE
P,O.BOX488
EVF.RF.1T.. WASHINGTON 98l()6..0.US8
Tolcpboae (425) lSJ.Sl67
26 Facslmlle (425) lSZ-91W
F\LEO
!81? AUG -2 AM 9: 48
soW!'A KR/I.SK\
6
IN TIIB SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR Tiffi COUNTY OF SNOHOMISH
11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
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15 I. BASIS
ORIGINAL
Facsimile (425) 252·9055
Ill
The nonmoving party was served with a copy of the petition for modification/adjustment
2 of custody decree/parenting plan/residential schedule, summons, a proposed parenting
plan, and child support worksheet on May 18, 2012.
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2.3 TIME ELAPSED SINCE SERVICE ON THE NONMOVING PARTY.
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The nonmoving party was served within the state of Washington and more than 20 days
5 have elapsed since the date of service.
6 2.4 RESPONSE.
9 The parties stipulate that there is adequate cause for hearing the petition.
13 2.6.2 Dependent of a service member status --- It appears the nonmoving party:
22 COMMISSIONER
9 By udi---
Veronica Freitas, WSBA 19405
IO Attorney for Petitioner
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23 Ord re Adequate Cause (ORRACD, ORRACG, ORH) - Page 3 of 3 BREWE LAYMAN
WPF DRPSCU 07.0300 Mandatory (712007) - RCW 26.09.260; .270;. Altorney5 at Law
A Profeuional Servkca Corporathtn
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3" COBALT BUILDING
25 3525 COLBY AVENUE
r.o.eox..-
EVERETT. WASHINGTON 98106-0488
26 Tele:phooe (425) lSl-5167
Facsimile {425) lSl-9055
FILED
\\II\\\\ \\\Ill 111 \Ill\ \\II\ \\1\11\\11\11\I1111111111 Ill\ Ill\
I CL11169204 05 OCT 19 PM 4: 29
P/\M L. D.~iliEl.S
. COUNTY CLERI\
SNOHOMiSll CO.\'{ f;SH.
05
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02756 0
CASE TYPES 3 - 6
~~"""'s~ur-----~ COUNTY SUPERIOR COURT
CASE INFORMATION COVER SHEET
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