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FILED

11" SNOH(JUSH C!JUNTV WERIOR CRT


PAM L. DANIELS
Fl I_ f D SlfJHOMISH ClJUNTV CLERK
EVERETT lJA
\\\\\ii1\\1
I1\\1\\IlllU\\I11\\111\\111\1\\Ill\1\11\11\11
05 OCT I 9 PM 4: 2q
CL11169203 05-3-02756-0
P/<11 '... D~NIELS
COUNTY CLERK RtPt. Date Acct. Date
SNOHOMISH CO. l'I f,SH. 10/19/2005 10/20/2005
ReceiPt/Item U Tran-Code
2005-02-25518/01 1103
cashier: AXM
SUPERIOR COURT OF WASHINGTON Paid llY: HORMAN B£SMAN, AITV
FOR SNOHOMISH COUNTY Transaction Amount:
3
4 In Re the Marriage of:
5 AMANA l.K.M. FISHER NO. 05 3 0 27 56
Petitioner,
0 6
and SUMMONS
::::0 7 (SM)
CJ) 8 STEiiXNIE
r
J. SEYMOUR
Respondent.
z: 9
)>JO
I TO THE RESPONDENT: Stephanie J. Seymour
11
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 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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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.

B~
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2
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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

)::>I I 1.1 IDENTIFICATION OF PETITIONER.


I
12 Name AMANA I.K.M. FISHER
13 Date of Birth 12-05-56

14 Home Address 19514 WINESAP LANE BOTHELL, WA 98011

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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
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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

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NSB-FlSHEll· 1OIJ81{)S
ORIGINAL
..

I 1.3 CHILDREN OF THE MARRIAGE DEPENDENT UPON EITHER OR BOTH


2 SPOUSES.

3 Name I SAMANTHA J. FISHER


4 Date of Birth AGE6
5 Home Address 19514 WINESAP LANE
BOTHELL, WA 98011
6
7
1.4 ALLEGATION REGARDING MARRIAGE.
8
This marriage is irretrievably broken.
9
IO 1.5 DATE AND PLACE OF MARRIAGE.
11
The parties were married on July 11, 1998, at Kenmore, King County, Washington, but
12 the parties also lived together for approximately five years before marriage.
13
1.6 SEPARATION.
14
Husband and wife separated on September 12, 2005.
15
16 1.7 JURISDICTION.
17 This court has jurisdiction over the marriage.
18
This court has jurisdiction over the respondent because:
19
20 [X] the respondent is presently residing in Washington.

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
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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
..

I During the last five years, the children have lived:


2
in no place other than the State of Washington and with no person other than the
3 petitioner or the respondent.
4
Claims to custody or visitation.
5
6 The petitioner does not know of any person other than the respondent who has
physical custody of, or claims to have custody or visitation rights to, the children.
7
8 Involvement in any other proceeding concerning the children:

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):

11 Snohomish County case# 05-2-01150-3; dismissed 09-26-05


12
Other legal proceedings concerning the children.
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14 The petitioner does not know of any other legal proceedings concerning the
children.
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16 1.14 OTHER:
17 Does not apply
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PETITION FOR DISSOLUTION OF MARRIAGE NORMANS. BESMAN
WPF DR Ol.0100 (7/93) 20016 CEDAR VALLEY ROAD, SUITE 106
LYNNWOOD WA 98036-6332
RCW 26.09.020 (425) 672-3410
PAGE40F5 FAX(425)744-0456
NSB·FISHER-10/i&JOS
..

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:
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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.

23 , Washington on ___,Q'"""'-_,,,,C-=:c\_,__\_,_t{_,,,-\_~_,, 2005.


24
25
26
AMANA I.K.M. FISHER
27
Petitioner
28
29
PETITION FOR DISSOLUTION OF MARRIAGE NORMANS. BESMAN
WPF DR 01.0 I 00 (7 /93) 20016 CEDAR VALLEY ROAD, SUITE 106
LYNNWOOD WA 98036-6332
RCW 26.09.020 (425) 672-3410
PAGE 5 OF 5 FAX (425) 744-0456
NSB-FJSHER-10/J&IOS
F/t_EQ
\ 05 OCT 19 PM 4: 29
f'tdi L. D1HJiELS
. COUNT'( CLER!(
SNOHOl-'IS/i CO. WA SH.

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

13 Declarant's Total Monthly Net Income (from § 3.3 below) $ 150

14 Declarant's Total Monthly Household Expenses (from § 5.9 below) $ 3156

IS Declarant's Total Monthly Debt Expenses (from § 5.11 below) $ 120


16 Declarant's Total Monthly Expenses (from§ 5.12 below) $ _ __
17
Estimate of the other party's gross monthly income $ 8075
18 (from § 3.1 fbelow) unknown

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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

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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

9 (3) Why are you presently unemployed?

10 Placed focus on raising children: 2 stepchildren plus our child, Samantha

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.)

15 3.1 GROSS MONTHLY INCOME.

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

14 4.1 Cash on hand $ 150

15 4.2 On deposit in banks $ 250

16 4.3 Stocks and Bonds, cash value of life insurance $,._0_ __

17 4.4 Other liquid assets $0


18
19
V. MONTHLY EXPENSE INFORMATION
20
Monthly expenses for myself and dependents are: (Expenses should be calculated for the future, after
21 separation, based on the anticipated residential schedule for the children.)
22
5.1 HOUSING.
23
24 Rent, I st mongage or contract payments $ 1556
Installment payments for other
25 mortgages or encumbrances $ _ _ __
Taxes & insurance (ifnot in monthly payment) $ _ _ __
26 Total Housing $ 1556
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FINANCIAL DECLARATION NORMANS. BESMAN
20016CEDARVALLEYROAD,SUITE 106
WPF DR 01.0550 (4/93) LYNNWOOD WA 98036-6332
RCW 26.18.220 (I) (425) 672-3410
PAGE 3 OF6 FAX (425) 744-0456
NSB·FISHER-10/\8/0S
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I 5.7 PERSONAL EXPENSES (Not including children).
2 Clothing $ 50
3 Hair care/personal care expenses $ 25
Clubs and recreation, including entertainment $ 50
4 Education $ _ __
Books, newspapers, magazines, photos $ _ __
5 Gifts $ 50
Other $ 50
6 Total Personal Expenses $ 225
7 5.8 MISCELLANEOUS EXPENSES.
8 $ _ _ __
Life insurance (if not deducted from income)
9 Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ $ _ _ __
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ $ _ __
10 Total Miscellaneous Expenses $ _ __

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.

19 Description Month of Amt. of


Creditor of Debt Balance Last Payment Payment
20
Chase Visa la~er 3000 $ 100
21 Providian Visa groceries 140 $ 20
$ _ __
22 $ _ __
$ _ __
23 $ _ __
24
Total Monthly Payments for Other Debts and Monthly Expenses $ 120
25
5.12 TOTAL EXPENSES (Add Paragraphs 5.9 and 5.11) $ 3276
26
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FINANCIAL DECLARATION NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE I06
WPF DR 01.0550 (4/93) LYNNWOOD WA 98036-6332
RCW 26.18.220 (I) (425) 672-3410
PAGES OF6 FAX (425) 744-0456
NSB·FISHER-J0/18fOS
VI. ATTORNEY FEES
2 6.1 Amount paid for attorney fees and costs to date: (including DV case) $ 3250
3
6.2 The source of this money was: credit cards
4
6.3 Fees and costs incurred to date: (through 09130105 - DV case) $2300
5
6.4 Arrangements for attorney fees and costs are: pay as billed
6
6.5 Other: Does not apply
7
8 I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

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:

15 Financial records pertaining to myself:


16
[X] Pay stubs for the dates of09/0I/05 for respondent/wife.
17
[X] Other: No other documents available
18
19
20
21
DO NOT ATTACH THESE FINANCIAL RECORDS TO THE FINANCIAL DECLARATION.
22 THESE FINANCIAL RECORDS SHOULD BE SERVED ON THE OTHER PARTY AND FILED
SEPARATELY USING THE SEALED FINANCIAL SOURCE DOCUMENTS COVER SHEET
23 (WPF DRPSCU 09.0220). IF FILED SEPARATELY USING THE COVER SHEET, THE
RECORDS WILL BE SEALED TO PROTECT YOUR PRIVACY (ALTHOUGH THEY WILL
24
BE AVAILABLE TO THE OTHER PARTIES IN THE CASE, THEIR ATTORNEYS, AND
25 CERTAIN OTHER INTERESTED PERSONS. SEE GR 22(C)(2)).

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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
. COUNTY Cl<'RK
Sl/OHDii/Sii CO.-l'i 1\ Sri.

2
I

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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)

Functions · I Father's% Mother's%


Preparing nutritious meal.s. '1 s-. ?
Shopping for food and supplies I q(') lo
Waking child Cj(') lO
Putting child to bed and for naps cts- 5""
A.ssuring adequate sleep for child, Ra '2-0
B atbing child ~o '70
Brushing teeth of child
Iii "
5'o
Teaching child hygiene !;JO 5'0
Toilet-training child and teaching general bathroom.skills °<7 'i'
Teaching child to eat q'] ?
Reading to child qri lD
Taking child to medical appointments qq I
Giving medication and treatments to child {0 "30
Stayiilg at home with or up with sick child q!!> z_
Teaching child motor skills qs- er-
Teaching child social skills, manners, responsibility relative to
age and ab iii ty qo \0
Arranging daycare for child C\O l8
Transporting child to/from daycare qo I ID
Dressing child. 16 ~{)
Shopping for clothes for child c;-o 5"0
Developing the child.'s sense of humor ao \0
Teachiiig the child ABC's and numbers q? s-
Helping the child meet new people and make friends C\5" 5"
Enslliitig safety in transportation of child
Mainta:inin.g awareness and attentiveness to activities and
cis- >
97 §
surroundings of child
Monitoru1g energy and tiredness levels of child to ensure well-
being (0 -sD
Child-proofing home -q D lu
. Arranging periodi~preventive meclical attention for child 10 30
. Maintaining sobriety ~(j Jt)
Acting in a positive manner in regard to the other parent l3'5 t.S-
########## -
Being available f01: child to come to talk qo 20
Being available for daycare provider to contact ..•.
Talking to child qo \0

Parenting Function~ List f....TF!W


SUPERIOR COURT OF WASIDNGTON
FOR SNOHOMISH COUNTY
NO.
Stephanie Jane Seymour
Petitioner/Plaintiff{ s),
DECLARATION OF:
VS.

Amana I K Merritt Fisher John F. Bosze


RespondenVDefendant(s)

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.

Signed in~ City, State


on

ORIGINAL
• •
SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY

NO. 05-2-01150-3
Stephanie Jane Seymour
Petitioner/Plain tiff(s),

DECLARATION OF:
VS.

Amana I K Merritt Fisher Michelle Hester


Respondent/Defendant
'°'

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.

It is my personal opinion that what needs to happen TODAY is Samantha needs to be


back in her home with the primary caregiver, sleeping in her own bed and continuing with
her daily routine. Samantha at this time is not sure what is happening and continues to show
confusion to the situation.

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

SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY
NO.
05-2-01150-3
Stephanie Jane Seymour
Petitioner/Plaintiff( s ),

DECLARATION OF:
vs.

Amana Merritt Fisher Melody Potts


Respondent/Defendant(s).

To whom it may concern:

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.

(continued on next page)


• •
Amana has been the primary caregiver for Samantha since she was a very small baby and
attended a PEPS group in our community to get her out of the house and give her the opportunity
to socialize with other children, while discussing parenting issues with a group of parents. He
frequently took over the entertainment portion of the group and sang and played his guitar at
circle time. He is a dear friend to me and I would hate to see him separated from his daughter,
Samantha, because he is the most important and involved person in her life.

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.

Signed in (], Cl ±be /j


City, sdte
lJ 8 on 9-1'-l'O~
(date) Si~~
• • .
•••

SUPERIOR COURT OF WASHJNGTON


FOR SNOHOMISH COUNTY
NO.
05-2-01150-3
Stephanie Jane Seymour
Petitioner/Plaintiff(s),

DECLARATION OF:
vs.

Amana I. K. Merritt Fisher ivlichelle Hester


Respondent/Defendant(s).

To Whom This May Concern,

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

SUPERIOR COURT OF WASHlNGTON


FOR SNOHOMISH COUNTY
NO.
05-2-01150-3
Stephanie Jane Seymour
Petitioner/P laintifi\ s ),

DECLARATION OF:
VS.

Amana I. K. Merritt Fisher Whitney Hausske


Respondent/Defendant(s).

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.

Signed in -'-'~" "ult , ,. ,~1,_..\,\,~/A~--


i
City, Stau:
on
.
qrj/ioC;
()

\

I
FIL_ED
05 OCT 19 PM 4: 2q
Pt1~i L. D•\HiELS
coutn ., CLERK
SHOHOMISH CO. ~I f\SH.

SUPERIOR COURT OF WASHINGTON


COUNTY OF SNOHOMISH

In re the Marriage of:


NO. 05 3 0 27 56 0
~ ~'~<-
Petitioner, EX PARTE RESTRAINING
and ORDER/ORDER TO SHOW CAUSE
(TPROTSC)
~\2.- S'Z.-'\~~
Clerk's Action R uired
Restraining Order Sununary:
Di Does not apply.
[] Restraining Order Sununary is set forth below:
.
Name of person(s) restrain~
person(s) protected: e6t>~
•~
p•u' . . .. . Nameof
See paragraph 4.1.

VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 4.1 BELOW WITH ACTUAL


KNOWLEDGE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW
AND WILL SUBJECT THE VIOLATOR TO ARREST. RCW 26.09.060.
I. SHOW CAUSE ORDER.
IT IS ORDERED that the [ ] husband [ ] wife appear and show cause, if any, why the restraints below
should not be continued in full force and effect pending final determination of this action and why the other
relief, if any, requested in the motion should not be granted. A hearing has been set for the following date,
time and place:

Date: // /~C>~ Time: 9:00a.m.


.B c
Place: SNOHOMISH 60 COURTHOUSE Room/Department: ROOM.set OR~
If you disagree with any part of the motion, you must respond to the motion in writing before the
hearing and by the deadline for your county. At the hearing, the court will consider WRITTEN
sworn affidavits or declarations. Oral testimony may NOT be allowed. To respond you must:
(1) file your documents with the court; (2) provide a copy of those documents to the judge or
EX PARTE RESTRAIN/NG ORD (l"PROTSC) -"f:e{i}JtJ' ~
WPF DR 04. OJ 70 (612004) - CR 65 (b); RCW 2~'l9lo6d;J(J:!}....,
.. ,.~If: j,~ r)
...~;.,·v...;
/!:.i'l
'-'·-..-t,..I
.,
commissioner's staff; (3) serve the other party's attorney with copies of your documents (or have the
other party served if that party does not have an attorney); and (4) complete your filing and service
of documents within the time period required by the local court rules in effect in your county. If you
need more information, you are advised to consult an attorney or a courthouse facilitator.

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:

4.1 RESTRAINING ORDER.

VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 4.1 WITH ACTUAL


NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW
AND WILL SUBJECT THE VIOLATOR TO ARREST. RCW 26.09.060.
[] Does not apply.

JQ The~usband.){wife is restrained and enjoined from molesting or disturbing the


peace of the other party or of any child.
[] The [ ] husband [ ] wife is restrained and enjoined from going onto the grounds of or
entering the home, work place or school of the other party or the day care or school of
the following named c h i l d r e n : - - - - - - - - - - - - - - - - - - ·
[] The [ ] husband [ ] wife is restrained and enjoined from knowingly coming within or
knowingly remaining within (distance) of the home,
work place or school of the other party or the day care or school of these children:

(] 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.)

EX PARTE RESTRAINING ORD (TPROTSC) - Page 2 of,J' <j


WPF DR 04.0170 (612004) - CR 65 (b); RCW 26.09.060
\
'•


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

M Does not apply.


[] It is ordered that [Name] surrender any deadly weapon in
his or her immediate possession or control or subject to his or her immediate possession or
control to:

[l t h e - - - - - - - - - - - [Name of county] County sheriff.


[l _ _ _ _ _ _ _ _ _ _ _ _ [Name].

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

Print or Type Name

EX ?ARTE RESTRAINING ORD (I'PROTSC) -Page 3 of/'{


WPFDR 04.0170(612004)- CR 65 (b); RCW 26.09.060
Page# _ _J._\ __

CaseName ~~~ F\~~ CaseNo. _ _ _ _ _ __

OT-\-\tr:...~ : • ~E.. \}\?\Z0 {<.. ~Mc:_\''-t ?~U- bt~~N;p..?,


\
e>R esf\~~lS/c::_ S~ILL- ~~


ccu+:~ ~"\'-\~ <S£_ ~'\ ~\\<Sk\

DONE IN OPEN COURT this d a t e : - - - - - - - - -

Presented By: ~\2.%.:;:,

~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.

SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY
2
3
4 In Re the Marriage of:
5 AMANA 1.K.M. FISHER NO. 05-3-02756-0
Petitioner,
6
and RETURN OF SERVICE
7 (RTS)
STEPHANIE J. SEYMOUR
8
Respondent.
9
10
I DECLARE:
01
;tl~ 1. I am over the age of 18 years, and I am not a party to this action.

G 1'3 2. I served STEPHANIE J. SEYMOUR with the following documents:


2f4
a summons, a copy of which is attached, and a petition in this action.
FT5 Petitioner's proposed parenting plan, Petitioner's financial declaration,
16
Sealed financial source documents
17
18 Motion/Declaration for ex parte order I order to show cause, Declaration of
Amana Fisher (and attachments)
19
20 3. The date, time and place of service were:

21 Date: October 19, 2005 Time: 3:30 pm


22
Address: 3000 Rockefeller Av
23 Everett WA 98201
24
25
RETURN OF SERVICE
WPF DR 01.0250 (7/93)
NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE
LYNNWOOD WA 98036·6332
@~
CR 4(G); RCW 4.28.080(14) (425) 672-3410
26
27
PAGE I OF2
NSB-FISHER-lonOJOS ORIGINAL FAX (425) 744-0456
I 4. Service was made pursuant to Civil Rule 4(d)
2
by delivery to the person named in paragraph 2 above.
3
4
5 5. Other:
6
Does not apply.
7
8 I declare under penalty of perjury under the Jaws of the State of Washington that the foregoing is
true and correct.
9
JO
1()1\~\o".5
,on~~~~~~~~~~~~~
11
12
13
14 NORMANS. BESMAN

15

16
17
18
19
20

21
22
23
24
25

26
27
28
29
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:

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

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.

1fti) SUPERIOR COURT OF WASHINGTON


1~ - ~ FOR SNOHOMISH COUNTY
2 .;<So .,' ,'?J._ _ _ _ _ _ _ _ _ _ _ _ _ _- t
~,....
..
-- "-11111\l~...

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

9 TO: Clerk of Superior Court of Washington, Snohomish County


10 TO: Tom Kruse
11 TO: Stephanie J. Seymour
0 12
:::0
-13 YOU ARE HEREBY NOTIFIED that Norman S. Besman, will be unavailable for any
G')l4
proceedings in the above-captioned matter between the dates of November 21 through November

~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-----·
- .
~

SUPERIOR COURT OF WASHINGTON


COUNTY OF SNOHOMISH

Y In Re the Marriage of:


NO. 05-3-02756-0
10 AMANA ISRAEL K. M. FISHER,
Petitioner, DECLARATION OF
11 STEPHANIE SEYMOUR
and
12
STEPHANIE JANE SEYMOUR,
13 Respondent.
)
14

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

6 I am no longer willing to support Mr. Fisher. It is time he find gainful


7 employment and support himself. He is able bodied and multi-talented. I
8 believe his long term use of Marijuana has and is significantly
9 contributing to his lack of motivation and direction. I have 3 children (2
10 from a prior relationship) to support.
11 Although Amana wants the court to put him into our home and then
12 order me to pay all of his expenses, I hope that the court understands that I
13 cannot afford to pay all of his expenses and all of my expenses for a different
14 household. It's simply impossible. I don't have the money or the income.
15 If the court were to order it short term, I couldn't make ends meet.
16 Amana must accept his responsibility to going out and finding a job for
17 the first time in over 15 years. He must find a way to support himself and
18 help support his daughter. We have a relatively short term marriage. He
19 is not disabled. He is intelligent and articulate and he certainly could
20 have been and should have been working throughout our marriage from
21 the very start. In an effort to hold the marriage together I have allowed
22 myself to be strung along with one promise after another until it finally hit me
23 that he will simply continue to sit around the house and let me support him for
24 ever while he smokes marijuana and does drugs with his friends and then
25 pursues some vague artistic theme for short periods of time. How can
26 someone who does not work and does not have assets expect to properly
27
DECLARATION OF S. SEYMOUR Thomas Kruse
28 PAGE 2 Attorney at Law
3014 Ho)1 Avenue
Everett, \VA 98201
(4251 25&6155 • Fax (425) 388-9999
-- --- - - -

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

8 8. Amana's Drug and Alcohol History: Amana has a long history


9 of abusing both Alcohol and Marijuana on a daily basis. To date, he has not
10 addressed either his alcohol or drug abuse issues. Before making a decision
11 long term for the custody of Samantha, I would like to request a professional
12 co-arbitrated drug and alcohol evaluation by a respected treatment
13 professional as well as a monitored drug screening using a hair sample. I will
14 pay for this service in order to get the facts and facilitate the court in making
15 the right decision for Samantha's care.
16

17 9. Sexual Abuse Allegations: Amana's oldest daughter has made


18 some very serious sexual, physical and emotional abuse charges against her
19 (step) father. Before making any long term custody issues with respect to my
20 children, I ask the court to order professional sexual abuse evaluations for all
21 three minor children who have been under the care of Mr. Fisher.
22 We will attach a statement that was made by Amana's pnor step-
23 daughter from his previous relationship. That statement is made by Ava
24 Fisher. I can tell the court that I personally have not had any concerns about
25 Amana possibly abusing Samantha as Ava claims that he abused her. But I
26 also do not want to be overly naive. It is my understanding that lots of
27 Thomas Kruse
Attorney ac Law
DECLARATION OF S. SEYMOUR 3014 Hoyt Avenue
28 PAGE 6 Everen, \VA 98201
(425) 258-6155 • Fox (425) 388-9999
mothers are not aware that their children are being abused until years after it
2 has gone on. It would be such a devastating thing to happen to my 6-year
3 old daughter that do not want to be naive and assume that because I have
4 not had suspicions of Amana's abuse that it hasn't been happening or
5 won't happen in the future. Samantha is only 6 years old.
6

7 10. Abuse: On September 9'\ 2005, I filed for a restraining


8 order against Mr. Fisher based on several physical abuse incidences
9 perpetrated by Mr. Fisher against me and witnessed by our daughter
IO Samantha. Mr. Fisher claims his abuse was justified in order to prevent
11 me from driving while intoxicated. This is merely and excuse and a
12 fabrication.
13

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

20 Before considering placing Samantha in any visitation situation


21 with Mr. Fisher I ask the courts to order evaluations and consider the
22 reports for his drug and alcohol history, sexual, physical, emotional and
23 verbal abuse. These issues must be dealt with in order to assure the
24 safety and well-being of Samantha.
25 11. The court may not be aware of the fact that I have two other
26 children that I have joint custody of and who live in my house 50°/o of the
27 Thomas Kruse
DECLARATION OF S. SEYMOUR Actorney at Law
3014 Hoyt Avenue
28 PAGE 7 Everen, \VA 98201
1425) 258-6155 • Fax 1425).188-9999
I time. They go to school from my house. My son, Jaimeson is age 15, and
2 my daughter, Tara, is age 13. They are very familiar with and very
3 comfortable in this household. They have their rooms and computers there.
4 All their friends and classmates contact them at our house. It would be very
5 difficult and traumatic for them to have to move to an apartment somewhere.
6 How much am I going to have to pay for a 4 bedroom apartment if I can find
7 one in our school district? I suspect $1,500 or $1,600. Samantha is very close
8 to both Tara and Jaimeson. They are her brother and sister. They miss each
9 other when separated. They should not be separated.
IO If Amana moved out and got his own apartment he could get by with a
11 one bedroom apartment. He has to get to a point sooner or later than he can
12 support himself on his own income. It doesn't make sense for the court to
13 force me and my two older children out of this house and create that hardship
14 on them just so Amana can live here by himself and, I'm sure he hopes, with
15 Samantha. As soon as we get to trial, which I understand could be as early as
16 4 or 5 months from now, we'll be lucky if the house hasn't fallen into
17 foreclosure and, at that point, I suspect the trial judge will certainly see the
18 writing on the wall and order Amana out because although the court
19 commissioner might order some short term spousal maintenance, it would be
20 unfair to allow him to simply sit in the house, smoke marijuana and expect me
21 to support him for any longer, especially when he's not disabled and fully
22 capable of working. We have a 7 year marriage.
23 12. Request for Temporary Orders:
24
25 A. That Samantha should be in the primary custody of her Mother,
26 Stephanie Seymour until the divorce trial is heard.
27 Thomas Kruse
DECLARATION OF S. SEYMOUR Attorney at Law
28 PAGE 8 3014 Hoyt A\.'enuc
Everett, \VA 98201
(425) 25&<;155 • Fax (425) JSS.9999
1 B. That my Parenting Plan be adopted.
2 C. That standard restraining orders be entered.
3 D. Court should review the status of Stephanie's recovery program
4 and evidence of sobriety provided by Crosby Recovery Center
5 E. Court should order a hair follicle drug test on Amana Fisher, fees
6 to be paid by Stephanie Seymour
7 F. Court should order a corroborated Drug and Alcohol Evaluation
8 by a credited institution on Amana Fisher and supervised random
9 UA's.
10 G. Court should order counseling of all three IlllllOr children for
11 evidence of sexual abuse due to the allegations leveled by Amana
12 Fisher's step-daughter, Ava.
13 H. Court should order anger management training for Arnana Fisher
14 due to his established and documented physical and verbal abuse.
15 I. That a GAL be appointed to investigate and make
16 recommendations.

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 /-{• ~-

SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY N0:05-3-02756-0

Amana I K Merritt Fisher DECLARATION OF:


Petitioner/Plaintiff

vs. STEPHANIE J. SEYMOUR


Stephanie Jane Seymour October 28, 2005
Rcspondent/Dcferulanl

My daughter, Samantha Fisher, was enrolled in Crystal Springs Co-operative daycare

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-

op on several occasions appearing to be under the influence of marijuana and alcohol. He

was given a verbal warning at some point by the director of the school.

It came to my attention that a number of parents of Samantha's classmates were

unwilling to let their children be supervised by Amana Fisher because of his obvious use

of drugs and alcohol. This created hardship for my daughter Samantha.

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

day to find Amana either drinking or smoking marijuana.

Up to this date, Amana Fisher is unwilling or unable to admit or address his chronic

alcohol and drug addictions.

Before making any decisions regarding the care of Samantha, I request that the court

order a professional evaluation of Amana's drug and alcohol abuse.

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

301 oyt Avenue


Eve etc, \VA 98201
(425) 258-6155 • Fax (425) 388-9999
unde1 pc1 .,11; of pe1ju1y u~d::1 t~e laws of tt.. :
~late of W8f.hinglon, I cerl1fy that a true eo~.
-O'l
=I!) 3 01 this doeumenl .,,ag mailed trom Everett.
-r--
- ro
-- 4
WashingtLJ~f~ {3a 10·'2.9 ·~S 1
- '
-
_C\J
........,,.... 5
-----~~-
_,....
-_J
u 6
7 SUPERIOR COURT OF WASHINGTON
COUNTY OF SNOHOMISH
8

9 In Re the Marriage of:


NO. 05-3-02756-0
10 AMANA ISRAEL K. M. FISHER
Petitioner,
11 MEMORANDUM OF
and ATTACHMENT
12
STEPHANIE JANE SEYMOUR,
13 Respondent.
)
14

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

23 Dated: October 28, 2005.


,
24 Attorney Respondent
25

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

Your Soci~ Security Statement


Prepared especially for Amana M~ Fisher
September 12, 2002

Al655 See Inside for yaur


AMANA M. FISHER personal information _.
19514 WINESAP LN .
BOTHELL WA 98012'-7023
11.1 .. 1.. 1,11...... 11 .. 1.11 ... 111..... 1.1 .. 11" .. ll,l .. l.. ll;I

T- What Social Securit;y Means to You


We're sending you this Social Security Statement to Social Security now takes in more in taxes than it
help you understand what Social Security means to pays out in benefits. The excess funds are credited
you and your lilmily. We hope you'll use it in to Social Security's trust funds, which are expected
planning your financial future. Each year, about t:hn:e to grow to over $4 trillion before we need to use them
months before your birthday, we'll send you a new to pay benefits. In 2017, we'll begin paying more in
Statement showing your updated earnings record benefits than we collect in taxes. By 2041, the trust
and your potential benefits. funds will be exhausted and the payroll taxes
Be sure to read this Statement carefully. If you collected will be enough to pay only about 73 percent
think there may be a mistake, please let us know. of benefits owed. We'll need to resolve long-range
That's important because your benefits will be based financial issues to make sure Social Security will
on our record of your lifetime earnings. Remember, provide a foundation of protection for future
the future's in your hands when you read your Social generations as it has done in the past.
Security Statement. Sodal S llJI On 'Die Nd ••.
Sodal S "l\y is lir peDDle of all 8*11... Be sure to visit www.ssa.gov on the Internet to use
It can help you whether you're young or old, male or the Benefit Planners to help you plan your financial
female, single or with a family. It's there for you when future; calculate customized estimates of your future
you retire, but it's more than a retirement program. benefits; apply for retirement benefits; subscribe to
Social Security can provide benefits if you become eNews for up-to-date news about Social Security
disabled and help support your family when you die. programs and benefits; and correct or change your
Wadr ID IJaild a ~ lillme .•• name on your Social Security card or get a
Social Security is the largest source of income for replacement card by requesting a form SS-5. We will
most elderly Americans and plays a major role in continue to add online services to make it as easy and
keeping them out of poverty. But Social Security convenient as possible for you to do business with us.
can't do it all. Social Security was not intended to be · lhn-1:.. .~.
the sole source of income when you retire. You'll T-· ...._
also need a pension, savings or investments. Think of Jo Anne B. Barnhart
Commissioner
Social Security as a foundation on which to build
your financial future. What'• imide .. .__ _ _ _ _ _ __
Aboal Sodal s ,..,,. fabn ·- Y Your Estimated Benefits .... , . . . . . . . . • . . . 2
··----·Changes will be needed to meet the demands of the times. ·
We're living longer and healthier lives, 79 million "baby Y Your EarningS Record ......... ·. . . . . . . . . . 3
boomers" are approaching retirement, and in about 30 Y Some Facts About Social Security .......... 4
years, there will be nearly twice as many older Americans Y If You Need More Information ............. 4
~ as there are tnday.
Y To Request This Statement In Spanish . . . . . . 4
(Paro Solidtar Una Declaraci6n en Espaflol)

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:

Your name ......................... :: ... .- ....... Amana M. Fisher


Your date of birth ................................ December 5, 1956
Your estimated taxable earnings per year after 2002 .............. None
Your Social Security number (only the last four digits l
are shown to help preventidentity theft) ............ XXX-XX-9174

----------'-,
··. -.-.,-.,.--------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
determine your benefit amount. When we figure that you Pl'.Y Sodal Securil;)l tam eadl ,ar. The limit
amount, we base it on your average earnings over your increases yearly. Only the maximum taxable amount
lifetime. If our records are wrong, you may not receive will appear on your earnings chart. (For Medicare
all the benefits to which you are entitled. taxes, the maximum earnings amount .began rising
T Review this chart carefuQp using your own records in 1991. Since 1994, all of your earnings are taxed for
to make sure our information is correct and that Medicare.)
we've recorded each year you worked. You're the only
person who can look at the earnings chart and know ... can m tfgbt away at 1-800-772-1213,(7 a.m.-7 p.m.)
whether it is complete. if any earnings for years before last~ are shown
Some or all of your earnings from last year may not incorrectly. If possible, have your W-2 or tax return
be shown on your Statement. It could be that we for those years handy. (If you live outside the U.S.,
were still processing last year's earnings reports follow the directions at the bottom of Page 4.)

Your F.aaidugs Record Ill a Glance


Your Taxed Your Taxed Your Taxed Your Taxed
Years You Social Security Medicare Years You Social security Medicare
Worked Earnings Earnings Worked Earnings Earnings

1972 $ 130 $ 130 1990. $ 0 $ 0


1973 2,520 2.520 1991 0 0
f 1974 1,957 1.957 1992 0 0
~ 1975 2,066 2,066 1993 0 0
1976 0 0 1994 0 0
1977 0 0 1995 0 0
1978 0 0 1996 0 0
1979 0 0 1997 0 0
. 1998 0 0
1980 0 0 1999 0 0
1981 0 0 2000 0 0
1982 0 0 2001 Not yet recorded-
1983 0 0
1984 0 0
1985 0 0
1986 0 0
1987 0 0
1988 0 0
1989 0 0

Totals over 10ur working career:

. ' '"'" Estimated taxes for Social Security: Estimated taxes paid for Medicare:
l ·;.<s ·1""''.·"-'· 1''' You paid: $325 You paid: $60
'-" .?.ly~'ur employers paid: $325 Your employers paid: $60
Note: If )'OU are self-emplo,ed, )'OU pay the total tu on )'Our net eamiogs.
~ . -' . .. - '

~==:;:...._..el~-~-.
3
-.. 111-111111-lllllll-llllll-lllllll-----'ll
llll-. 09I 0 E 3A
-
2 2 2 17286
. -"' :,;, '~,;., - -

_...;.,;,;,:;;;..~_"'.""·:_"''·"':-~------:-------··------·----==================··:::·-=-=··;;;-....;.:···:......
Prevent identity theft-protect your Social Security number

Your Social Security Statement


N Prepared especially for Stephanie J. Seymour
....
"'
0
Ill
August 25, 2005

Al R 0259 000050896 01 AV 0.2;s See inside for your personal intom


STEPHANIE J. SEYMOUR
19514 WINESAP LN What's inside ... - - - - - - -
BOTHELL WA 98012-7023
• II.I, .I .. I, 11 .. ,,,, II, ,I, 11 ... 111.,,, ,I, I, ,II,,, ,II, I.. I, ,II, I
• Your Estimated Benefits
'9' Your Earnings Record .............. .
'9' Some Facts About Social Security ..... .
'9' If You Need More Information ........ .
'9' To Request This Statement In Spanish ..
(Para Solidt'ar Una Declarad6n en Espaii1

T What Social Security Means to You


This Social Security Statement will help you understand Today there are almost 36 million Americans
what Social Security means to you and your family. older. Their Social Security retirement benefits ;
This Statement can help you better plan for your by today's workers and their employers who joir
financial future. It gives you estimates of your Social Social Security taxes - just as the money they
Security benefits under current law. Each year, we will Social Security was used to pay benefits to thosi
send you an updated Statement including your latest retired before them. Unless action is taken soor
reported earnings. strengthen Social Security, in just 12 years we '
Be sure to read this Statement carefully. If you think paying more in benefits than we collect in taxe=
there may be a mistake, please let us know. That's changes, by 2041 the Social Security Trust Fur
important because your benefits will be based on exhausted.* By then, the number of Americans'
our record of your lifetime earnings. We recommend you older is expected to have doubled. There won't
keep a copy of this Statement with your financial records. younger people working to pay all of the benefi
Social Secwi\t is fer people of an ........ those who are retiring. At that point, there wil'
It can help you whether you're young or old, male or money to pay only about 74 cents for each doll
female, single or with a family. It's there for you when scheduled benefits. We will need to resolve the
you retire, but it's more than a retirement program. soon to make sure Social Security continues t
Social Security also can provide benefits if you become foundation of protection for future generation
disabled and help support your family when you die. done in the past.
Wad< to build a -=me future .•• Social Secwib' On 1be Net .••
Social Security is the largest source of income for most Visit 111111111.socialsecurltg.goo on the lnten
elderly Americans today. It is very important to about Social. Security. You can read our publ
remember that Social Security was never intended to be use the Social Secun'ty Benefit Calculators t
your only source of income when you retire. Social future benefits, apply for retirement, spouse'
Security can't do it all. You also will need other savings, benefits, or subscribe to eNews for up-to-dat<
investments, pensions or retirement accounts to make about Social Security.
sure you have enough money to live comfortably
when you retire.
AIJoul Social Secwil;J's future •••
g>~-~
Social Security is a compact between generations. For Jo Anne B. Barnha
Commissioner
more than 60 years, America has kept the promise of
security for its workers and their families. But now, the * These estimates of the future financial statt
Social Security system is facing serious future financial Security program were produced by the ad
problems, and action is needed soon to make sure that Social Security Administration based on th
the system is sound when today's younger workers are assumptions from the Social Security Tnu
lo. ready for retirement. Report to the Congress.
I
i
I
K99
.'~Your Estimated Benefits
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 year, for example, you apply for benefits. And that amnunt ~ dlffer Crom the
earn one credit for each $920 of wages or self-employment eslirna!n stmd ~ ~ ,...,
income. When you've earned $3,680, you've earned your (I) Your earnings may increase or decrease in the future.
four credits for the year. Most people need 40 credits, (2) Your estimated benefits are based on current law.
earned over their working lifetime, to receive retirement The law governing benefit amounts may change.*
benefits. For disability and survivors benefits, young people (3) Your benefit amount may be affected by mllilal)I
need fewer credits to be eligible . service, railroad employment or pensions earned
We checked your records to see whether you have earned through work on which you did not pay Social
enough credits to qualify for benefits. If you haven't Security tax. Visit wo111D..soodaJ~:wiitg.{IOl'llmrgsj~'1m'1d
earned enough yet to qualify for any type of benefit, we to see whether your Social Secmily benefit amonnt
can't give you a benefit estimate now. If you continue will be affected.
to work, we'll give you a benefit estimate when you do qualify. Generally, estimates for older workers are more accurate
What we assumed - If you have enough work credits, than those for younger workers because they're based on a
we estimated your benefit amounts using your average longer earnings history with fewer uncertainties such as
earnings over your working lifetime. For 2005 and later earnings fluctuations and future law changes.
(up to retirement age), we assumed you'll continue to These estimates are in today's dollars. After you start receiving
work and make about the same as you did in 2003 or 2004. benefits, they will be adjusted for cost--0f-living increases.
We also included credits we assumed you earned last year
and this year.

" *Retinmenl You have earned enough credits to qualify for benefits. At your current earnings rate. if you stop
working and start receiving benefits ...
At age 62, your payment would be about. .............. : ................. $ 1.338 a month
If you continue working until. ..
your full retirement age (67 years), your payment would be about .......... $ 2.008 a month
age 70. your payment would be about. ................................ $ 2.556 a month ( . '
. " *Disability You have earned enough credits to qualify for benefits. If you become disabled right now ...

Your payment would be about .......................................... $ 1.634 a month

" *Family If you get retirement or disability benefits. your spouse and children also may qualify for benefits.

" *Survivors You have earned enough credits for your family to receive the following benefits if you die this year.

Your child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.280 a month


Your spouse who is caring for your child ................................. $ 1.280 a month
Your spouse who reaches full retirement age ............................. $ 1.707 a month
Total family benefits cannot be more than ................................ $ 2.988 a month

Your spouse or minor child may be eligible for a special one-time death benefit of $255.

"Medican You have earned enough credits to qualify for Medicare at age 65. Even if you do not retire at age 65.
be sure to contact Social Security three months before your 65th birthday to enroll in Medicare.

*Your estimated benefits an based on curnnl law. Congress has made changes lo the law In the past
and can do so at any time. The law governing benefit amounts may change because, by 2041, the
payroll taxes collected will be enough to pay only about 7 4 percent of scheduled benefits.

We based your benefit estimates on these facts:

Your date of birth ................................ December 7, 1962


Your estimated taxable earnings per year after 2004 ............ $87,900
Your Social Security number (only the last four digits
are shown to help prevent identity theft) ............ XXX-XX-5602
T Help Us Keep Your Earnings Record Accurate
You, your employer and Social Security share when your Statement was prepared. Your complete
N
responsibility for the accuracy of your earnings record. earnings for last year will be shown on next year's
..;
Cl
Since you began working, we recorded your reported Statement. Note: If you worked for more than
0 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 earnings and self-employment income, we combined
(or 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 •There's a &mit on the amount of eamiugs on which
determine your benefit amount. When we figure that ,.,a pay Social Securily tues each )lll!al'. The limit
amount, we base it on your average earnings over your increases yearly. Earnings above the limit will not
lifetime. If our records are wrong, you may not receive appear on your earnings chart as Social Security
all the benefits to which you are entitled. earnings. (For Medicare taxes, the maximum earnings
amount began rising in 1991. Since 1994, all of your
• Review this chart carefuQy using your own records
to make sure our information is correct and that earnings are taxed for Medicare.)
we've recorded each year you worked. You're the only •Call WI right awa,y at 1-800-772-1213 (7 a.m-7 p.m.
person who can look at the earnings chart and know your local time) if any earnings for years before last
whether it is complete and correct. year are shown incorrectly. If possible, have your W-2
Some or all of your earnings from last year may not or tax return for those years available. (If you live outside
be shown on your Statement. It could be that we the U.S., follow the directions at the bottom of Page 4.)
still were processing last year's earnings reports

Your Earnings Reconl at a G l a n c e - - - - - - - - - - - - - - - - - - - - - - - - - - -


Your Taxed Your Ta.1ed
Years You Social Security Medicare
\Vorked Earnings Earnings

Did you know ... Soc:lal Securily ls more than


1978 $ 241 $ 241
1979 3.737 3.737 just a retirement program? It's here to help you
when you need it most.
1980 9.306 9.306 You and your family may be eligible for valuable
1981 11.817 11,817 benefits:
1982 8,586 8.586
1983 5,854 5.854 TWhen you die. your family may be eligible to
1984 11.501 11.501 receive survivors benefits.
1985 18.100 18.100 TSocial Security may help you if you become
1986 20,008 20.008
1987 22.000 22.000 disabled-even at a young age.
1988 21.493 21.493 Tit is possible for a young person who has
1989 5.174 5.174 worked and paid Social Security laxes in as
few as two years to become eligible for
1990 4.678 4.678
1991 11.686 11.686 disability benefits.
1992 9,888 9.888 Social Security credits you earn move with you
1993 6.620 6,620 from job to job throughout your career.
1994 14.331 14.331
1995 18.265 18.265
1996 15.710 15.710
1997 26.462 26.462
1998 53.151 53.151
1999 61.100 61.100
2000 71.371 71.371
2001 77.091 77.091
2002 79.817 79,817
2003 87.000 88.144
2004 87.900 90,113

Total Social Secorit,y and Medican taxes paid o9er your worldnt eaner lhroul!h the last year reported on the chart abo9e:
Estimated taxes paid for Social Security: Estimated taxes paid for Medicare:
You paid: $46,494 You paid: $10,968
Your employers paid: $46.494 Your employers paid: $10,968
Note: You corrently pa,y 6..2 percmt of your salary, ap tO $90,000, in Social Secorit,y taxes and 1.45 percent in Mediean
taxes on your entire salary. Your employer also pa,ys 6..2 percent in Social Secorit,y taxes sud 1.45 percent in Mediean taxes
for yon. If you are self-e-loy;,.i, you pa,y the combined e-loyee and e-loyer amouut of 12.4 percent in Social Secorit,y
taaH and 2.9 percent in Medicare taxes on your net eandais..
~~~~~~~~~~~~~~~~3

-~~~~~~~_.:'...~~~~~~~~~~~~~~~~~~~~~~~~~
~-----------

T Some Facts About Social Security


About Social Security and Medicare ...
-
Receive benefits and still wodr ...
r.

Social Security pays retirement, disability, family and You can continue to work and still get retirement or
survivors benefits. Medicare, a separate program run by the survivors benefits. If you're younger than your full N
..;
Centers for Medicare and Medicaid Services, helps pay for retirement age, there are limits on how much you can
inpatient hospital care, nursing care, doctors' fees and other "'0
earn without affecting your benefit amount. The
medical services and supplies to people age 65 and older, or limits change each year. When you apply for benefits,
"'
to people who have been receiving Social Security disability
we'll tell you what the limits are at that time and whether
benefits for two years or more. Your Social Security
work would affect your monthly benefits. When you reach
covered earnings qualify you for both programs. For more
full retirement age, the earnings limits no longer apply.
information about Medicare, visit U1111WJ11f1fiicare.gov or
call 1-800-633-4227 (TI'Y 1-877-486-2048 if you are
deaf or hard of hearing).
Here are some facts about Social Security benefits:
Before you decide to retire ...
Think about your benefits for the long term. Everyone's

situation is different. For example, be sure to consider
T RethEDmit- If you were born before 1938, your
full retirement age is 65. Because of a 1983 change the advantages and disadvantages of early retirement. If
in the law, the full retirement age will increase you choose to receive benefits before you reach full
gradually to 67 for people born in 1960 or later. retirement age, your benefits will be permanently
Some people retire before their full retirement age. reduced. However, you'll receive benefits for a longer
You can retire as early as age 62 and take your period of time.
benefits at a reduced rate. If you continue working To help you decide when is the best time for you to
after your full retirement age, you can receive higher retire, we offer a free booklet, Social Security -
benefits because of additional earnings and special Retirement Benefits (Publication No. 05-10035), that
credits for delayed retirement. provides specific information about retirement. You
T Disaln"lily- If you become disabled before full can calculate future retirement benefits on our website
retirement age, you can receive disability benefits at UJWW.soclalsecurltg.gov by using the Social Security
after six months if you have: Benefit Calculators. There are other free publications that
- enough credits from earnings (depending on your you may find helpful, including:
age, you must have earned six to 20 of your credits
in the three to 10 years before you became T Understanding The Benefits (No. 05-10024)- a
disabled); and general explanation of all Social Security benefits;
- a physical or mental impairment that's expected
to prevent you from doing "substantial" work T How Your Retirement Benefit ls Figured
. for a year or more or result in death. (No. 05-10070) - an explanation of how you can
calculate your benefit;
T Family- If you're eligible for disability or
retirement benefits, your current or divorced T The Windfall Elimination Provision (No. 05-10045) -
spouse, minor children or adult children disabled how it affects your retirement or disability benefits;
before age 22 also may receive benefits. Each may
T Government Pension Offset (No. 05-10007)-
qualify for up to about 50 percent of your benefit
amount. The total amount depends on how many explanation of a law that affects spouses or
family members qualify. widow(er)'s benefits; and
T Surviwrs - When you die, certain members of T Identity Theft And Your Social Security Number
your family may be eligible for benefits: (No. 05-10064)-what to do if you're a victim of
- your spouse age 60 or older (50 or older if identity theft.
disabled, or any age if caring for your children
younger than age 16); and We also have other leaflets and tict sheets with
- your children if unmarried and younger than age information about specific topics such as military service.
18, still in school and younger than 19 years old, self-;,mployment or foreign employment. You can request
or adult children disabled before age 22. Social Security publications at ID1DlASOCialsectg.gov
If you are divorced, your ex-spouse could be eligible or by calling us at 1-800-772-12.13.
for a widow's or widower's benefit on your record
when you die.

If you need moft information-Visit U!IDID.socialsecuritg.govlmgdatement on the Internet. contact any Social Security office.
call 1-800-772-1213 or write to Social Security Administration. Office of Earnings Operations. P.O. Box 33026. Baltimore.
MO 21290-3026. If you're deaf or hard of hearing, call TrY 1-800-325-0778. If you have questions about your personal
information. you must provide your complete Social Security number. If your address is incorrect on this S/a/eine11/, ask t1;
Internal Revenue Service to send you a Form 8822. We don't keep your address if you're not receiving Social Security benefilo.-.

Para aolicitarmia Declaraci6n en espaiio(, Dame al 1-800-772-1213

F-onn~ss.""'"•-~7~00~5~-S~~~-S~l~IO~i-~2~00~5-l~-------------4

SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY NO: 0.5-3- 02. 7$6 -0
Stephanie Jane Seymour DECLARATION OF:
Petitioner/Plaintiff

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.

Signed in ft;,~ on J.0-15"-ot:,.~~~_J__"__k_~~======--


\

• TOM KRUSE
1014 Hoyt Ave.
llvorett, WA ss201
IN THE SUPERIOR COURT OF TIIB STATE OF WASHINGTON

IN AND FOR THE COUNTY OF SNOHOMISH

STEPHANIEJ.SEY}vfOUR, CAUSE NO. 05-2-01150-3

Petitioner,

vs. DECLARATION OF SHEILA


DESRANLEAU
AMANA M. FISHER,

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.

I am Sheila R Desranleau. I have been a practicing registered nurse for 28


years. My husband Pierre and I were introduced to Amana Fisher and Stephanie
Seymour .approximately 6 years ago, shortly after they were married, by my
husband's brother. Over the years we have shared many social activities, i.e.
camping, visiting each others homes, and for several years in a row celebrating our
birthdays together as Amana, Stephanie, and I all have birthdays at the beginning
of December. All of these occasions have been associated with the use of alcohol
and on occasion, heavy use.
TOM KRUSE
' 3014 Hoyt Ave.
Everett, WA 98201
I have developed a close frien~hip and keep in touch by phone with
Stephanie at least 1-3 times per week. Our conversations are long and we have
shared very intimate details about our personal lives, perspective relationships and
just about anything else, as girlfriends do. I have resorted to calling Stephanie on
her cell phone because continually our conversation would be abruptly intermpted
by Amana's rapid fire babbling on an extension phone if we talked on her home
line. On several occasions Amana would also eavesdrop on our conversations. I
see this as extremely rude and disrespectful not only to me but to Stephanie's
personal space in general.

Approximately six months ago I was surprised when Arii.ana telephoned me


at my home to tell me about a conflict that he had had with Stephanie several days
earlier. I'm not sure that I remember a time that Amana had ever called to discuss
his personal business with Stephanie before. After asking if I had talked with
Stephanie (I hadn't), he relayed to me the events of an evening where he said
Stephariie was out of control and was trying to leave the house. He claimed she
was drunk and irrational, they were arguing and he had tried to prevent her from
leaving the house by grabbing her arms. He told me that she was trying to leave in
her car and he was concerned about her driving. He then relayed that just that
morning when Stephanie was getting ready for work, he had noticed the bruising
that was left on her arm secondary to the incidence. He sounded remorseful and
apologetic and he had wanted to let me know his side of the story. I saw Stephanie
several weeks later and she showed me the remnants of bruises that extended from
her shoulder to elbow. Stephanie was devastated and embarrassed by the whole
incidence. She also relayed that she had no intention on driving that night.

DECLARATION OF STEPHANIE SEYMOUR PAGE2


Like the rest of her family and friends, I also have been concerned about
Stephanie's use of alcohol and have discussed it with her on several occasions.
The Stephanie I know is a strong capable woman who has been the sole support of
her family financially. She has provided ample housing for an extended family
which over the years have included Amana' s step daughter, Ava, his son, Si, Jamie
and Tara that she co-parents and Samantha, her daughter with Amana. She has
encouraged them in their education and has been a great guidance counselor. She
has supported her children in their participation in sports and their individual
interests.

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.

Stephanie relayed a story to me which occurred during Jamie's stay in the


hospital after his first surgery in Indiana in the spring. Jamie had awakened in the
morning after a nightmare. He dreamed that he was responsible for his cancer
because he didn't drink his vegetable juice. Amana's support for a sick child was
to instill guilt. I find that heartbreaking.

DECLARATION OF STEPHANIE SEYMOUR PAGE3


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.

DATED this Ji_ day of Jm>f1tr1Pt(4'


'l..00!/J in Seattle, Washinaton.

DECLARATION OF STEPHANIE SEYMOUR PAGE4


IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF SNOHOMISH

STEPHANIE J. SEYMOUR, CAUSE NO. 05-2-01150-3

Petitioner,

vs. DECLARATION OF EMILY HUNTER

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 am Emily Hunter, a friend of the family. I am 26 years old. About a year


ago, summer of 2004 I met Amana Fisher and Stephanie Seymour. Soon after I
started going over to their house sometimes to visit them, sometimes Stephanie
would be there, sometimes not.

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).

Amana Fisher after seeing my facial expression, said to Samantha, "We


don't play with our private parts In front of people!" I said "In front of people?"
Sammy ran out to play while Amana and I discussed this a little further. Amana
went on to tell me that he encourages children to get to know there sexual parts
before they are at an age where their ready to have sex. He believes that if they
already know themselves and how to please themselves maybe they won't rush out
and have sex. I really didn't know what to say back.

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

DECLARATION OF EMILY HUNTER PAGE2


..

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.

DECLARATION OF EMILY HUNTER PAGE3


'f\LEO
Jndef pe•:,,1.1:1· ot perju11 uncit:• the laws ot tt:,
Stale of W~•hington. I certity that a true COi'
1uo;i QCi 28 PK 2: 03
ot this document •vas ma~ed trom Everett.
A\'~~1~~~~k~
,, c,.. ,,,_$ ..
WaahinQl0!1 on I() '\.....L:>• · · - · i
tJbil\\ -~~ St\O~OOMiSH co. W!'>.Sli.
--- -- - -- J1 r'~---
/-"- ..

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

20 Dated: October 28, 2005.


,
21 Attorney Respondent
22

23

24

25

26
27 Thomas Kruse
Attorney at Law
28 3014 Hoyt Avenue

r1p 'r · ,:\I


E\'efCU, \VA 98201
, _,,, t ~
(425) 258-6155 • Fax (425) .JSS-9999
;- L
..
CROSBY RECOVERY CENTER
Chemical Dependency
Treatment Programs
3924-204th Street SW
Lynnwood, WA 98036
(425) 774-2955
Page 1
10/27/2005
SEYM5602 D

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

Report Covering Period From 10/01/2005 to 10/27/2005

10/05 IOP-2 Group Session 3.00 Hrs. Attended


10/06 IOP-2 Group Session 0.00 Hrs. Excused
10/11 IOP-2 Group Session 0.00 Hrs. Excused
10/12 IOP-2 Group Session 3.00 Hrs. Attended
10/18 IRP-2 Group Session 2.00 Hrs. Attended
10/25 IRP-2 Group Session 2.00 Hrs. Attended
=============~~==============================================================
Patient is: ~in compliance ~~in minimal compliance ~~not in compliance

Support Group attendance:


~~-reported 12 Verifie?./' unsatisfactory not required
Tr atment recommendation: _...-'\"~_continue ~~completed ~~discharged
OTHER:
V"'--

Financial status: is current and is not past due.


~-We sent t~ort 177
all persons who requested status reports.
SUBMITTED BY: ~~ ~
COUNSELOR: DAVID PERLMAN, BA,CDP

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: _ _

~fo)
\ D - µ::
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lf\r~ --me.
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lo--;:t?J cl '-' I ~
~---------·-- -

.,
FJf_ED
21105 NOV-/ AH ff: 26
I Illlllll llllll Ill lllll lllll lllll lllll lllll lllll lllll llll llll Plir-1 L D
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

27 ORIGINAL FAX 425.744.0456


SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY
NO. 05-3-02756-0
Amana Merritt Fisher
Petitioner/Plaintiflts~

DECLARATION OF:
VS.

Stephanie Jane Seymour Shannon Hagge


Respondenl/Defendant(s)

To whom it may concern,

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.

If you have any questions on this matter please call at 425.876.5832

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.

s;.,m m ~QQ ~ ~ City, Stale


0 D'S
..

SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY

Amana Merritt Fisher


NO. or; -- ~ - Dl.. I Sb - b
Petitioner/Plaintifl{s ),

DECLARATION OF:
vs.

Stephanie Jane Seymour Laura Follis


Respondent/Defendant(s)

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.

Signed in o7Ui (Jue/~ uJA- on 10 /31 lo~


City. Simo ' (&d<)
11/02/2005 03:16 4254869005 ICAJOURNEVS PAGE 01

COVERSHEET
Page 1 of 2 pages

To: KINKO's to be picked up by Aman• isher


425-n4-6403 .

From: Barbara Bansenauer,


phone 425-402-1750

Re: Amana Fisher working at Crystal Springs Pre-school

Date:October31,2005

S~\~ ~tt:,'CPA
~""' t:l~t:o '~
l\( I (OS • g~ ~.
11/02/2005 03:16 4254869005 ICAJOURNEYS PAGE 02
~
,1
I'
!1
ti
H
fl
[;
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.

Signed Barbara Bansenauer in Borhelt, WA on October 31, 2005

• Page2

;.
..
1 FILED
2
Zll05 NOV -2 PM I: 44
rAM L. DANIELS
COUNTY CLERK
:SNOHOMISH CO. WASH.

7 SUPERIOR COURT OF WASHINGTON


COUNTY OF SNOHOMISH

9 In Re the Marriage of:


NO. 05-3-02756-0
10 AMANA ISRAEL K. M. FISHER
Petitioner,
11 MEMORANDUM OF
and ATTACHMENT
12
STEPHANIE JANE SEYMOUR,
13 Respondent.
)
14

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

28 ORI 3lf\IAL 3014 Hoyt Avenue


E"-erctt, \VA 98201
(425) 258-6155 • Fax (425) 388-9999
... Page 1 of3

Seymour, Stephanie

From: Seymour, Stephanie


Sent: Wednesday, November 02, 2005 10:12 AM
To: 'map@hoytlegalbldg.com'
Subject: Response to Amana

Response to Amana's 10/3112005 Statement

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

Stephanie's Drug and Alcohol Use

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 Drug and Alcohol Use


'
It is of great co'ncem to me that Amana has not ackno,wledged his own drug and alcohol problems. He
drinks daily and smokes marijuana daily and has ever since I've known him. He becomes increasingly
abusive when he is under the influence. I would.hope that the courts would order a hair follicle drug test
in order to get the facts regarding Amana's drug history.

'
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.

Amana's violent Temper

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's Drug Dealing

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

Most people who Amana sells to I do not know.

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's Lack of Employment

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

AMANA FISHER CAUSE NO.: 05-3-02756-0


(PETITIONER) COMMISSIONER: TRACY G. WAGGONER
AND CLERK: L. MARTIN
STEPHANIE SEYMOUR DATE: 11-04-05 AT 9:00 AM
(RESPONDENT) DIGITALLY RECORDED

THIS MATTER CAME ON FOR: SHOW CAUSE


CONTINUED/HEARING DATE SET AND CALENDAR/CONTINUANCE CODE:

ACTION:

HEARING STRICKEN/CODE:

PETITIONER APPEARED: YES COUNSEL: NORMAN BESMAN


RESPONDENT APPEARED: YES COUNSEL: THOMAS KRUSE
GUARDIAN AD LITEM APPEARED: NOT PRESENT
FACILITATOR PRESENT: NOT PRESENT

DOCUMENTS FILED:

ORDERS ENTERED: UPON PRESENTATION.

PROCEEDINGS/COURT'S FINDINGS:

BASED ON THE INFORMATION BEFORE THE COURT, BASED IN LARGE PART ON


INFORMATION WITH REGARD TO THE PRESCHOOL OR DAYCARE, THE COURT THINKS THE FATHER
HAS PERFORMED A MAJORITY OF PARENTING FUNCTIONS FOR THE CHILD. FATHER SHALL
BEGIN SEEKING EMPLOYMENT IMMEDIATELY. THE MOTHER SHALL BE IN THE HOME SOLELY
AFTER FATHER'S NEXT SCHEDULED WEEK IN THE FAMILY HOME. FATHER'S MOTION FOR
MOTHER TO VACATE: DENIED. IT IS CLEAR MOTHER HAS HAD A SIGNIFICANT ALCOHOL
ISSUE AND APPEARS TO BE BEING ADDRESSED AT THIS POINT. IT IS APPROPRIATE, GIVEN
THE HISTORY, FOR MOTHER TO USE ANTABUSE. THE COURT ORDERS THAT FATHER SUBMIT
TO A URINALYSIS. AND, IF MOTHER MAKES ARRANGEMENTS FOR AND PAYS FOR SAME,
FATHER SHALL SUBMIT TO A HAIR FOLLICLE TEST IN THE NEXT 5 DAYS; FATHER SHALL NOT
CUT OR PROCESS HIS HAIR IN ANY WAY BETWEEN NOW AND THEN. THE RESIDENTIAL
SCHEDULE PROPOSED BY FATHER IS FUNDAMENTALLY OKAY AND MOTHER SHALL ALSO HAV~~

1 DOMESTIC MINUTE ENTRY \J} ~'?


AMANA FISHER AND STEPHANIE SEYMOUR, 05-3-02756-0

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.

2 DOMESTIC MINUTE ENTRY


I
F\LED
2 7.UOa NOV I 0 M\11: 44
3 r'A~I L. OAHIELS
COUNTY CLERK
SHOHOHISH CO. WASH.
· \1\\1\\\111\11\\\11\\I\\\\\ 11\\11\11\11\1\11\1\ \Ill\ 11\11\\1
'. CL 11282262

6
7 SUPERIOR COURT OF WASHINGTON
COUNTY OF SNOHOMISH

NO. 05-3-02756-0

NOTICE OF APPEARANCE

16 I. I am the Attorney for respondent.


17 2. ACCEPTANCE OF SERVICE.
18 [x] Does not apply.
19 3. NOTICE OF APPEARANCE.
20 [x] I enter my aKJ::arance on behalf of the respondent, and demand
notice of all her proceedings. My address is listed below.
21
4. JOINDER.
22
[x] Does not apply.
23
Date: November 2, 2005.

~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.

SUPERIOR COURT OF WASHINGTON


COUNTY OF SNOHOMISH
8
9 In Re the Marriage of:
NO. 05-3-02756-0
10 AMANA ISRAEL K. M. FISHER
Petitioner,
11 RESPONSE TO PETITION
and (DOMESTIC RELATIONS)
12 (RSP)
STEPHANIE JANE SEYMOUR,
13 Respondent.
)
14

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

18 Disagrees with 1.9: Although respondent believes there should be an


19
equitable division of debts, respondent may disagree with the
petitioner's proposal.
20
21 Disagrees with 1.10: Husband has a need for support only because he
refuses to get out and get a job. He's not disabled or incapable of
22 working. The parties have a short term marriage. The wife does not
23 have the financial ability to assist the husban,d.
24 Disagrees with 1.13: Respondent believes her Parenting Plan should be
25 adopted.
26
1.2 NOTICE OF FURTHER PROCEEDINGS.
27 Thomas Kruse
Attorney at Law
RESPONSE TO PETITION (RSP) - Page 2 of 3 3014 Hoyt Avcnul'
28 WPF DR 01.0300 (612002)-RCW 26.09.0300 Everett, \VA 98201
14251 25&6155 • Fax (425) 388-9999
- - - - - - - - - -------

..

1 Notice of all further proceedings in this matter should be sent to the


2 address below.
3

4 II. REQUEST FOR RELIEF.


5
6 [x] The respondent requests the court to grant the relief requested below.
7
[x] Enter a decree.
8 [x] Approve my parenting plan for the dependent children.
9
[x] Determine support for the dependent children pursuant to the
Washington State Child Support Schedule.
JO [x] Dispose of property and liabilities.
11
[] Change name of wife to:
------------~
[] Enter a continuing restraining order.
12 [x] Order payment of day care expenses for the children.
13 [x] Award the tax exemptions for the dependent child to the mother.
[x] Such relief as the court deems just and equitable.
14
15
16
17
18
Dated: November 4, 2005. -~-~ .. -
TOM KRUSE, WSBA 15585
19 Attorney for Respondent
20
21
22
23
24
25
26
27 Thomas Kruse
Attorney at Law
RESPONSE TO PETITION (RSP) - Page 3 of 3
3014 Hoyt Avenue
28 WPF DR 01.0300 (612002) -RCW 26.09.0300 Evcrcct, WA 98201
14Z51 ZSs.6155 • Fax 14Z5) 388-9999
FILED
SUPERIOR COURT OF WASHINGTON
IN AND FOR SNOHOMISH COUNIQOV 11+ PM I+: 14
ri\M L. DANIELS
CASE NO. COUNI:t~Cb~B.K
S~IOH~'t;!1. W.Slt
AMANA ISRAEL K. M. FISHER CALENDAR NOTE: (NTC) oS·J. 0~15/; ·/)
Petitioner FAMILY LAW MOTIONS

This form must be filed l\'ith Clerk not later


VS. than twelve (12) calendar days preceding
date requested. SCLCR 7(b)(2)(C). Responses to
motion must be filed five (5) court days before the
bearing. Replies to responses must be filed three (3)
court days before the hearing.
STEPHANIE JANE SEYMOUR
Respondent

TO: The Clerk of Court:

FAMILY LAWffiOMESTIC CALENDAR Date Requested : November 30, 2005


Daily at 9:00 a.m. Nature of Hearing:
Department B or C as assigned. ENTRY OF ORDERS
(Confirm at (425 388-3587)

CHILD SUPPORT MODIFICATIONS Date Requested : _


Mondays at I :00 p.m. OR
Fridays at 9:30 a.m. Department D Nature of Hearing: _
For Hearings Scheduled on or after Sept. 6, 2005
Pro Se Dissolution Calendar
Wednesday at 12:30 p.m. only Date Requested (mrnldd/yyyy): _
Department C
(No confirmation required)
Matters set before a Court Commissioner will be assigned later to a particular department. The assignment will be posted
the day of the hearing. Extended motions are set by the Court Commissioner, not a party or by counsel. If a presentation,
or if a particular Court Commissioner has already heard a recent motion in the matter, please indicate that Court
Commissioner here:
WARNING: The moving party MUST CONFIRM by 12:00 noon two (2) court days prior to the hearing in order for
the matter to be argued. 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.

FOR MA TIERS NOTED BY COUNSEL: Noted by: TOM KRUSE


I hereby certify that l mailed a copy of this document

~°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

Counsel for: (CHECK ONE)


D Petitioner/Plaintiff
(Di'Respondent/l)efendant

Copies mailed to:

Norman Besman
20016 Cedar VaJley Rd #106
Lynnwood, WA 98036

WHERE TO NOTE VARIOUS MATTERS:

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.

Calendar Note1 should be filed at: All Motions Heard Al:


Snohomish County Snohomish County
Superior Court Clerk.'1 Office Superior Court
3000 Rockefeller Ave MIS 605 3000 Rockefeller Ave
Everett, WA 9820 I Everett, WA 98201

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.

SUPERIOR COURT OF WASHINGTON


COUNTY OF SNOHOMISH
8

9 In Re the Marriage of:


NO. 05-3-02756-0
10 AMANA ISRAEL K. M. FISHER
Petitioner,
II RESPONSE RE:
and PRESENTATION OF ORDERS
12
STEPHANIE JANE SEYMOUR,
13 Respondent.
14
15 COMES NOW the attorney for the respondent/mother to state as follows:
16 1. Concerning the presentation of orders that were made by
17 Commissioner Waggoner at our previous court hearing, opposing counsel and I
18 have spent a considerable amount of time in an effort to try to come to an
19 agreement. Both sides have made some compromises to come to reasonable
20 agreements.
21 2. The only difference of opinion in the orders that I am aware of at
22 this time is that opposing counsel, on behalf of the father, specifically insists that
23 the Parenting Plan create include orders that create clear and specific provisions
24 that the mother's residential time is to be restricted because of long term
25 impairment resulting from drug, alcohol and other substance abuse. If the court
26 reviews the court file they will see that the mother is an admitted alcoholic and
27 Thomas Kruse
Attorney at Law
RESPONSE RE: PRESENTATION 3014 Hoyt Avenue
28 OF ORDERS - I
ORIGINAL Everett, WA 98201

~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

15 COMES NOW the attorney for the respondent/mother to state as follows:


16 1. Concerning the presentation of orders that were made by
17 Commissioner Waggoner at our previous court hearing, opposing counsel and I
18 have spent a considerable amount of time in an effort to try to come to an
19 agreement. Both sides have made some compromises to come to reasonable
20 agreements.
21 2. The only difference of opinion in the orders that I am aware of at
22 this time is that opposing counsel, on behalf of the father, specifically insists that
23 the Parenting Plan create include orders that create clear and specific provisions
24 that the mother's residential time is to be restricted because of long term
25 impairment resulting from drug, alcohol and other substance abuse. If the court
26 reviews the court file they will see that the mother is an admitted alcoholic and
27 Thomas Kruse
Attorney at Law
RESPONSE RE: PRESENTATION 3014 Hoyt Avenue
28 OF ORDERS - I Evercn, \VA 98201
(425) 258-6155 • Fax (425) 388-9999

~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

AMANA I.K. MERRITT FISHER CAUSE NO.: 05-3-02756-0


(PETITIONER) COMMISSIONER: TRACY G. WAGGONER
AND CLERK: PATRICIA BUNDY
STEPHANIE JANE SEYMOUR DATE: 12-12-05 @ 9:00 AM
(RESPONDENT) DIGITALLY RECORDED

THIS MATTER CAME ON FOR: ENTRY OF ORDERS


CONTINUED/HEARING DATE SET AND CALENDAR/CONTINUANCE CODE:

ACTION:

HEARING STRICKEN/CODE:

PETITIONER APPEARED: NO COUNSEL: NORM BESMAN


RESPONDENT APPEARED: NO COUNSEL: THOMAS KRUSE
GUARDIAN AD LITEM APPEARED: NOT PRESENT
FACILITATOR PRESENT: NOT PRESENT

DOCUMENTS FILED:

ORDERS ENTERED: ORDER OF CHILD SUPPORT; ORDER APPOINTING GUARDIAN AD LITEM ON


BEHALF OF A MINOR; TEMPORARY ORDER; AND PARENTING PLAN TEMPORARY, TO BE FILED
BY COUNSEL BESMAN

PROCEEDINGS/COURT'S FINDINGS: THE COURT APPROVES THE THREE AGREED ORDERS AS


PRESENTED. THE PARENTING PLAN PRESENTED BY COUNSEL FOR PETITIONER APPEARS TO
REFLECT THE COURT'S EARLIER OPINION IN THIS MATTER, AND THE COURT APPROVES THE
PARENTING PLAN AS PRESENTED.

1 DOMESTIC MINUTE ENTRY


• ..

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

4 3.1 RESTRAJNING ORDER:

5 VIOLATION OF A RESTRAINING ORDER IN PARAGRAPH 3.1 WITH


6 ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE
UNDER CHAPTER 26.50 RCW AND WILL SUBJECT THE
7
VIOLATOR TO ARREST. RCW 26.09.060
8

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

11 CLERK'S ACTION/LAW ENFORCEMENT ACTION:


12 [X] This order shall be filed forthwith in the clerk's office and entered of
13 record. The clerk of the court shall forward a copy of this order on
or before the next judicial day to Snohomish County Sheriff's Office
14
which shall forthwith enter this order into any computer-based
15 criminal intelligence system available in this state used by law
16
enforcement agencies to list outstanding warrants. (A law 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
17
computer system.)
18
EXPIRATION DATE:
19
This restraining order will expire in 12 months and shall be removed
20 from any computer-based criminal intelligence system available in this
state used by law enforcement agencies to list outstanding warrants,
21
unless a new order is issued, or unless the court sets forth another
22 expiration date here: (month/day/year).
23

24
25 3.2 TEMPORARYRELIEF.
26

27 TEMP ORDER (fMO) Thomas Kruse


WPF DR 04.0250 (912001)-RCJV 26.09.060; ./JO; ./20; .194 Attornev at Law
3014 Hoyt Avenue
28 Page 2 Everett, \VA 98201
(425) 258-6155 • Fax (425) 388-9999
"

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

16 [x] Responsibility for the debts of the parties is divided as follows:


Each shall pay debts they incurred after separation and debts in their
17
name only.
18
[x] The family home shall be occupied by the wife. Wife shall be
19
responsible for making the mortgage payments on the family home.
20

21 [x] Use of property shall be as follows:

22 The wife may use the following property:


23

24
Vehicles: Z: () c? .;- H w 1,a.,,,,H'j;
Other: ~~~~~~~~~~~~~~~~~~~~
(}
25
26 The husband may use the following property:

27 TEMP ORDER (I'MO) Thomas Kruse


WPF DR 04.0250 (91200/) -RCW 26.09.060; ./JO; .120; ./94 Attorney at Law
3014 Hoyt Avenue
28 Page 4 Everett, WA 98201
(425) 25&6155 • Fax (425) JSS.9999
..

[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:

[x] There shall be a Guardian ad Litem appointed by a separate GAL


order. Either party may move for review, revision or reconsideration
of this order once the Guardian ad Litem has filed their report with
the court including recommendations.

[x] Amana Fisher shall obtain a UA on November 4, 2005, and if he has


not taken it by the afternoon of Friday, November 41h he shall take a
UA no later than November 71h. He shall report to Providence
Hospital with a check from the mother to cover the expenses of a hair
follicle test on or before November 91h at 5:00 p.m. He shall have the
hair follicle test taken as soon as possible after appearing at

~ezf~~k~~~~

27 TEMP ORDER (fMO) Thomas Kruse


WPF DR 04.0250 (912001)-RCW 26.09.060; .110: .120; .194 Attorney at Law
]014 Hoyt Avenue
28 Page 5
Everett, \VA 98201
(425! 258-6155 • Fax (425) JSS.9999
.. ~·

..

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

27 TEMP ORDER (IMO) Thomas Kruse


WPF DR 04.0250 (912001) -RCW 26.09.060; ./JO; .120; .194 Attorney at Law
3014 Hoyt Avenue
28 Page 6 Everett, \VA 98201
(425) 258<>155 • Fax (425) 388-9999
ZOOS DEC 12 AM 9: li9
PAH L. DANIELS
COUNTY CLERK
SNOHOMISH CO. \'/ASH.
, I\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
CL 11308686
1
-

SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY

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:

11 a temporary parenting plan signed by the court.


12

13 IT IS HEREBY ORDERED, ADJUDGED AND DECREED:


14
15 I. GENERAL INFORMATION
16
17 This parenting plan applies to the following children:

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)).

4 Does not apply.


5
2.2 OTHER FACTORS (RCW 26.09.191(3)).
6
7 The mother's involvement or conduct may have an adverse effect on the child's best
interests because of the existence of the factors which follow.
8
9 A long-term impairment resulting from drug, alcohol, or other substance abuse
that interferes with the performance of parenting functions.
10
11 The father's involvement or conduct may have an adverse effect on the child's best
interests because of the existence of the factors which follow.
12
13 Findings reserved

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.

19 3.1 PRE-SCHOOL SCHEDULE.


20
There are no children of preschool age.
21
22 3.2 SCHOOL SCHEDULE.

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

11 3.5 SUMMER SCHEDULE.


12
Upon completion of the school year, the child(ren) shall reside with the father, except for the
13 following days and times when the child(ren) will reside with or be with the other parent:
14
Same as school year schedule.
15
16 3.6 VACATION WITH PARENTS.

17 The schedule for vacation with parents is as follows:


18
Two one week periods during the summer - which can be consecutive if the
19 parent will not be working more than 20 hours per week during either week.
20
3.7 SCHEDULE FOR HOLIDAYS.
21
22 The residential schedule for the child(ren) for the holidays listed below is as follows:

23 With Mother With Father


24 (Specify Year (Specify Year
Odd/Even/Every) Odd/Even/Every)
25
26 New Year's Day Odd Even

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:

21 Receiving parent shall provide transportation


22
3.12 DESIGNATION OF CUSTODIAN.
23
24 The children named in this parenting plan are scheduled to reside the majority of the time
with the father. This parent is designated the custodian of the child(ren) solely for
25 purposes of all other state and federal statutes which require a designation or
26 determination of custody. This designation shall not affect either parent's rights and
responsibilities under this parenting plan.
27
28
29
PARENTING PLAN NORMANS. BESMAN
20016 CEDAR VALLEY ROAD, SUITE !06
WPF DR 01.0400 (6/94) LYNNWOOD WA 98036-6332
RCW 26.09.181; .187; .194 (425) 672-3410
PAGE 5 OF 11 FAX (425) 744--0456
NSfl.FtSllER·l lnA>s
1 3.13 OTHER:
2
Neither parent shall cause or permit the child to spend time with whom the parent is
3 engaged in a romantic or sexual relationship until said relationship has been ongoing for a
4 period of at least six months. Neither parent shall cause or permit the child to reside with,
or spend overnights with, or in the home of such romantic or sexual partner for an
5 additional three months after the first six above. Each parent may engage in such
6 relationships, but shall not involve the child except as above-stated.

7 3.14 SUMMARY OF RCW 26.09.430- .480, REGARDING RELOCATION OF A CHILD.


8
This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.
9
10 If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.
11
12 If the move is outside the child's school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60 days
13 before the intended move. If the relocating person could not have known about the move
14 in time to give 60 days' notice, that person must give notice within 5 days after learning
of the move. The notice must contain the information required in RCW 26.09.440. See
15 also form DRPSCU 07.0500, (Notice of Intended Relocation of A Child).
16
If the move is within the same school district, the relocating person must provide actual
17 notice by any reasonable means. A person entitled to time with the child may not object
18 to the move but may ask for modification under RCW 26.09.260.

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.

27 If no objection is filed within 30 days after service of the notice of intended


28 relocation, the relocation will be permitted and the proposed revised residential
schedule may be confirmed.
29
PARENTING PLAN NORMANS. BESMAN
20016CEDAR VALLEY ROAD. SUITE 106
WPF DR 01.0400 (6194) LYNNWOOD WA 98036.QJJ2
RCW 26.09.181; .187; .194 (425)672-3410
PAGE60F 11 FAX (425) 744-0456
NSB·ASHEll·lln/05
I A person entitled to time with a child under a court order can file an objection to the
2 child's relocation whether or not he or she received proper notice.

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:

22 Education decisions: 0_ioint


23 Non-emergency health care: 0_ioint
Religious upbringing: 0_ioint
24
25
26
27
28
29 NORMANS. BESMAN
PARENTING PLAN 20016CEDAR VALLEY ROAD, SUITE 106
WPP DR 01.0400 (6/94) LYNNWOOD WA 98036-6332
RCW 26.09.181; .187; .194 (425)672-3410
PAGE 7 OF 11 FAX (425) 744-0456
NSB-RSHER-lln/O!i
I 4.3 RESTRICTIONS IN DECISION MAKING.
2
There are limiting factors in paragraph 2.2, but there are no restrictions on mutual
3 decision making for the following reasons:
4
For the types of decision-making above, and for so long as mother remains in
5 compliance with her treatment program, father believes that mother should be allowed to
6 participate in such decision-making.

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):

12 Mediation by DRC of Snohomish County.


13
The cost of this process shall be allocated between the parties as follows:
14
15 as determined in the dispute resolution process.

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

27 ORD APPOINTING GAL (ORAPGL) Thomas Kruse


WPF DR 04.0200 (612002) -RCW 26.09.110; .140; .220. Actorney at 1..;r.,.
28 3014 Hoyt Avenue
Page 1
Everett, WA 98201

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
... .

Department of Social and Health Services (or the equivalent agency in


another state); and educational institutions.
These agencies may withhold or blackout portions of requested information
as warranted by. law or by court order. The guardian ad Iitem shall maintain
the confidentiality of information except as necessary to fulfill his or her
duties as guardian ad !item.
Within the scope of appointment, the guardian ad litem shall have access to
all Superior Court and Juvenile Court files. including any sealed/confidential
pqrtions thereof, other than records sealed {!ursuant to RCW 13.50.050(7).
All information obtained from sealed or confidential files shall remain sealed
or confidential, and the guru:dian ad litem shall inform the court if the
guardian ad !item report contains sealed or confidential information.
The court clerk shall provide certified copies of this order to the guardian ad
!item upon request and without charge.
Upon good cause shown, the guardian ad litem or the parties may move that
the court make confidential any reports or documents placed in the court file
by the guardian ad !item.
PAYMENT OF FEES AND COSTS.
The guardian ad litem fee is$ 100 per hour up to $1,500. the maxintum the
guardian ad litem may charge without additional court review and approval.
The fees and costs of the guardian ad !item shall be paid as follows:
[x] _ _ _ %by father and 100% by mother _ _ _ % by other :
[x] GAL fees may be reapportioned by the court upon review or trial.

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.

AUTHORIZATION FOR RELEASE OF INFORMATION.

[x] Each party's signature hereunder constitutes an authorization for


release of information by that party to the agencies listed in
paragraph 3.4, above.
27 ORD APPOINTING GAL (ORAPGL) Thomas Kruse
WPF DR 04.0200 (612002) - RCW 26.09.110; .140; .220. Attorney at Law
28 Page 3 3014 Hoyt Avenue
Everett, \VA 98201
(425) 25&6155 • Fax (425) 388-9999
""' .. ' ~

' .

TERMJNATION OF APPOINTMENT.
The appointment terminates:
lJP.on entry of the final parenting plan or residential schedule.
Other:

OTHER:

OEC \ l 2005 10ner


JO Presented by: 1\oP. ved for entry:
N'otice of presentati1n waived:

::T~~5 Attorney for Respondent


~~'3~~
NORMAN BESMAN
Attorney for Petitioner
13

14 ACCEPTED UPON APPROVAL BY


THE COURT
IS

16
Guardian Ad L1tem
17
Signatures of the Parties:
18

19 Mother's Signature Father's Signature


20
Child's Signature Child's Signature
21 (See Paragraph 3.6) (See Paragraph 3.6)

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.

SNOHOMISH COUNTY SUPERIOR COURT

Cause No. 05 3 02756 0


AMANA ISRAEL K M FISHER
Petitioner/Plaintiff,
Vs. SHERIFF'S RETURN

STEPHANIE JANE SEYMOUR


Respondent/Defendant.

Paper Type : TEMPORARY ORDER OR\G\NAL


Date of issue: 12-12-05

~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

SNOHOMISH COUNTY SHERIFF'S OFFICE


JUDICIAL SERVICES UNIT, M/S 606
3000 ROCKEFELLER AVE
EVERETI WA 98201
425 388-3522 (FAX 425-388-3826)

S\TECHNICAL OPERATIONSITECHNICAL SERVICES\CIVILIRETURNSIRETURN FORMS-PRO ORDERS


ONL YISHERIFF'S RETURN ORDER NOT ENTERED
2DD711AR - 7 Pt-112: 56
PAM l. DAi;/[lS
COIJllTY CLFR"
SHDHOl11SH CO~\'!ASH.

-
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

SUPERIOR COURT OF WASHINGTON


IN AND FOR SNOHOMISH COUNTY

CASENO. 05- 3-0,;>]5,-{)


Petitioner/Plaintiff( s) NOTE FOR TRIAL SETTING AND INITIAL
STATEMENT OF ARBITRABILITY
vs. (NITSNA OR STA)

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

~:~::~~~se: b \-55 l Ub t2Q Q Estimated Trial Time: _._/_-_:2.:_~.JA"'-'""


(Check one) .
A jury of D twelve is requested and a jury demand and fees have been filed with the Clerk pursuant to CR 38.
Dsix
(Check one)
This case D is arbitrable.
p!(is not arbitrable. ·
Please note that as of 12-19-2003 there is a mandatory arbitration fee of$220.00 which must be paid at the
time of filing this document with the County Clerk. Documents that indicate the case IS arbitrable that are
submitted without the fee will be returned to the submitting party.
NOTE: Arbitrable, non-jury cases should not be noted for presentation to the Superior Court
Administrator's Office for trial setting at this time (See SCLMAR 2.1 (e) and 7.1)

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

IT IS NOT NECESSARY TO APPEAR FOR TRIAL SETTING.

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)

This case is ARBITRABLE because: (Check one)


D The sole relief sought is a money judgment and involves no claim in excess of $50,000 exclusive ofany
attorney fees, interest and costs (RCW 7.06.020 SCLMAR 1.2) or
D The sole relief sought, regardless of the number or amount of payments, is the establishment, termination or
modification of maintenance or child support payments or arrearages (RCW 7.06.020 SCLMAR 1.2) or
D The undersigned waives any claim in excess of$50,000 in order to have this case arbitrated; or
D This is a Small Claims matter appealed from District Court.

This case is NOT ARBITRABLE because: (Check one) .


D Relief other than or in addition to a money judgment is being sought and/or a claim, counterclaim or cross
claim exceeds $50,000 exclusive of attorney fees, interest and costs; or
~ This domestic lawsuit presently involves issues other than or in addition to the establishment, modification
or termination of child support or maintenance payments or arrearages; or
D This case is an appeal from a Municipal or District Court decision (which is not a Small Claims matter); or
D This case is otherwise statutorily exempt from mandatory arbitration.

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

Date (mm/dd/yyyy): _\=d-~\~\':d-_~~fr~-


NOTE: File the original of this document with the
Clerk of the Court: Serve a copy on the Director of
Arbitration, Room 502, Superior Court w.
Administration & a copy 8Jm~. w~ 0t~d03>
on all parties. t:taz-~. ~
TELEPHONE: ( ~~<..\~- Jxl§s I

hnp://www,co.snohomish_ Wll. usldocumcnts/Dcpartmcnts/Clctk!Civil/C2CivilTriaJScttingNotc.doc RRU: 07!01/2003


2 of 3
---------------------------- --------

.. ·•

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

N6'frnCU1 :Besrn:A,n WSBA#: \ d 5155


NAME:
TELEPHONE: rt1clfG,7Ql ~td'f/ Z)
ADDRESS: dOD l (p frdof' Vo- II~ Kc\ ATTORNEY FOR: (Check one)
Sv1-t;e.-- lO <,o _gpet itioner/P Iaint iff
Lyn n 1..>) oo al, \Jft-S 1??3/a D 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

http'.//www .co .snohomish. wa.us/doeumcnU/Deparunerts/Clerk!CiviLIC2CiviITrialScuingN Ole.doc RRU: 07/01/2001


3 of 3

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 ..

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR THE COUNTY OF SNOHOMISH

FISHER
No. 05-3-02756-0
Plaintiff/Petitioner
vs. COVERSHEET
SEYMOUR
Defendant/Respondent

ATTACHED HERETO IS:


Notice of Trial Setting

S:\Superior Court\FOR!\1LTRS\ALRs\Cover Sheet.DOC - l


TO:

Stephanie Seymour
P.O. Box 5291
Everett, WA 98026

Date: December 26, 2007


IN THE SUPERIOR COURT OF THE ST ATE OF WASHING TON
IN AND FOR THE COUNTY OF SNOHOMISH
NOTICE OF TRIAL SETTING
and
CERTIFICATE OF TRIAL CONFIRMATION
RE: Cause No.: 05-3-02756-0
Amana I. Fisher
Plaintiff/Petitioner

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

Date: December 26, 2007


IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON.
IN AND FOR THE COUNTY OF SNOHOMISH
NOTICE OF TRIAL SETTING
and
CERTIFICATE OF TRIAL CONFIRMATION
RE: Cause No.: 05-3-02756-0
Amana I. Fisher
Plaintiff/Petitioner

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

11 TO: Stephanie J. Seymour

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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA 1.K.M. FISHER,
NOTICE OF APPEARANCE
IO Petitioner, (NTAPR)

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.

19 2. Without waiving objection as to improper service, failure of service, improper


jurisdiction or improper venue, I enter an appearance, and demand notice of all further
20 proceedings. I will inform the clerk of the court of any change in the firm's address.
Any notices may be sent to:
21
Brewe Layman
22 Attorneys at Law
P.O. Box 488
23 Everett, WA 98206-0488.
BREWE LAYMAN
Attorneys at Law
A Profeuional Services Corporation
24 NOTICE OF APPEARANCE - I

25 ORIGINAL JJJ COBALT BUILDING


3525 COLBY AVENUE
P.O.BOX488
EVERETT, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
..

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

333 COBALT BUILDING


3525 COLBY AVENUE
P.0 .BOX 488
EVERETT, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
-
-FILED
2008 APR I 8 PH 3: 23
SONYA KRASKI
2 COUNTY CLERK
SHOHOHISH CO. WASH
3

6
fN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 rN AND FOR THE COUNTY OF SNOHOMfSH

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA l.K.M. FISHER,
NOTICE OF DEMAND FOR
10 Petitioner, DISCOVERY CONFERENCE

11 and

12
STEPHANIE J. SEYMOUR,
13
Respondent
14

15 TO: Clerk of the Court;


AND TO: Norman S. Besman, Attorney for Petitioner
16
YOU AND EACH OF YOU ARE hereby notified that pursuant to SCLCR 37(1) the
17
Respondent, through counsel, demands a telephonic conference with Petitioner's attorney on
18
Tuesday, April 28, 2008 at 4:00 p.m., with respect to Domestic Relations Interrogatories and
19
Requests propounded to Petitioner. Petitioner's attorney shall initiate such telephonic conference
20
call.
21

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,-
/

25 3525 COLBY AVENUE


P.O .BOX 488
E\'ERETI, \\'ASHINGTON 98206·0488
26 Telephone (425) 252·5167
l'acslmile (425) 252·9055
-
YOU ARE FURTHER NOTIFIED that if Petitioner's counsel fails to attend that

2 conference or make arrangements satisfactory for curing deficiencies in discovery or for a

3 conference on or before the close of business hours on said date, Respondent will proceed with a

4 motion to compel answers to interrogatories/requests and for terms.

5 Dated this 18th day of April, 2008.


6
BREWE LAYMAN
7

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

23 NOTICE OF DEMAND FOR BREWE LAYMAN


DISCOVERY CONFERENCE- 2 Attorneys at Law
A Professional Sen·kH Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX 488
EVERETT, \\'ASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
..
f ,,. '

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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA l.K.M. FISHER,
ORDER AUTHORIZING REMOVAL
10 Petitioner, OF COURT FILE

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

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


FOR SNOHOMISH COUNTY

Amana I. K. M. Fisher CAUSE NO.: 05-3-02756-0


(PETITIONER) JUDGE: Ronald L. Castleberry
AND DATE OF TRIAL: 05/15/08
Stephanie J. Seymour REPORTER: Michael Jay
(RESPONDENT) CLERK: Janie Mccolley

ATTORNEY FOR PETITIONER: ATTORNEY FOR RESPONDENT:


Norman Besman Rebecca Torgerson

Days, 1 FINAL DISPOSITION - VERDICT


Date trial ended, May 15, 2008

The Court will render an oral decision in this matter on June 13,
2008 at 9:00 a.m. Department 1, Judge Castleberry

10:10 This matter came on regularly for non-jury trial.


Petitioner present represented by counsel Norman Besman
Respondent present represented by counsel Rebecca Torgerson

Respondent/Wife's Trial Memorandum filed in open court.

Colloquy of Court and counsel.


The Court will adopt the proposed parenting plan as agreed by
the parties.
10:14 The Petitioner makes opening statement.
10:20 The Respondent makes opening statement.

Exhibit no. 26 offered by Respondent: Admitted 5-15-08


FOR ILLUSTRATIVE PURPOSES
Exhibit no. 27 offered by Respondent: Admitted 5-15-08
Exhibit no. 28 offered by Respondent: Admitted 5-15-08
Exhibit no. 29 offered by Respondent: Admitted 5-15-08
Exhibit no. 30 offered by Respondent: Admitted 5-15-08
Exhibit no. 31 offered by Respondent: Admitted 5-15-08
FOR ILLUSTRATIVE PURPOSES
Exhibit no. 32 offered by Respondent: Admitted 5-15-08
Exhibit no. 33 offered by Respondent: Admitted 5-15-08

'~i
1 TRIAL MINUTES
Amana Fisher and Stephanie Seymour, 05-3-02756-0

Exhibit no. 34 offered by Respondent: Admitted 5-15-08


Exhibit no. 35 offered by Respondent: Not offered
Exhibit no. 36 offered by Respondent: Admitted 5-15-08
Exhibit no. 37 offered by Respondent: Admitted 5-15-08
Exhibit no. 38 offered by Respondent: Admitted 5-15-08
Exhibit no. 39 offered by Respondent: Admitted 5-15-08
Exhibit no. 40 offered by Respondent: Admitted 5-15-08
Exhibit no. 41 offered by Respondent: Admitted 5-15-08
Exhibit no. 42 offered by Respondent: Admitted 5-15-08
Exhibit no. 43 offered by Respondent: Admitted 5-15-08
Exhibit no. 44 offered by Respondent: Admitted 5-15-08
Exhibit no. 45 offered by Respondent: Admitted 5-15-08
Exhibit no. 46 offered by Respondent: Admitted 5-15-08
Exhibit no. 47 offered by Respondent: Admitted 5-15-08
Exhibit no. 48 offered by Respondent: Admitted 5-15-08
Exhibit no. 49 offered by Respondent: Not offered
Exhibit no. 50 offered by Respondent: Admitted 5-15-08
FOR ILLUSTRATIVE PURPOSES
Exhibit no. 51 offered by Respondent: Admitted 5-15-08

10:24 AMANA FISHER called by the Petitioner, sworn and testified.

Exhibit no. 1 offered by Petitioner: Admitted 5-15-08


Exhibit no. 2 offered by Petitioner: Admitted 5-15-08
Exhibit no. 3 offered by Petitioner: Admitted 5-15-08
Exhibit no. 4 offered by Petitioner: Admitted 5-15-08
FOR ILLUSTRATIVE PURPOSES
Exhibit no. 5 offered by Petitioner: Admitted 5-15-08
Exhibit no. 6 offered by Petitioner: Admitted 5-15-08
Exhibit no. 7 offered by Petitioner: Admitted 5-15-08
11:44 Court in recess.

1:40 Court resumes as heretofore, all parties present.

Exhibit no. 8 offered by Petitioner: Admitted 5-15-08


Exhibit no. 9 offered by Petitioner: Admitted 5-15-08

Continuation of testimony of Amana Fisher on direct examination


by the Petitioner.
1:44 Cross examination of Amana Fisher by the Respondent.

Deposition Upon Oral Examination of Amana Merritt Fisher filed


and published in open court at the request of the Respondent and
at the direction of the Court.

2 TRIAL MINUTES
Amana Fisher and Stephanie Seymour, 05-3-02756-0

2:03 Redirect examination of Amana Fisher by the Petitioner.


2:04 MARY JANE SEYMOUR called by the Respondent, sworn and testified.
2:11 Cross examination of Mary Jane Seymour by the Petitioner.
2:15 Redirect examination of Mary Jane Seymour by the Respondent.

Exhibit no. 10 offered by Respondent: Admitted 5-15-08

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.

3:33 Court resumes as heretofore, all parties present.


Cross examination of Stephanie Seymour by the Petitioner.
3:57 Redirect examination of Stephanie Seymour by the Respondent.
3:58 Respondent rests.
3:58 AMANA FISHER called on rebuttal by the Petitioner, previously
sworn, testified.
4:00 Cross examination of Amana Fisher on rebuttal by the Respondent.
4:02 Court in recess.

4:05 Court resumes as heretofore, all parties present.


The Petitioner opens closing argument.
4:24 The Respondent makes closing argument.
4:37 The Petitioner makes closing argument.
The Court will render an oral decision in this matter on June
13, 2008 at 9:00 a.m.
4:40 Court adjourned.

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

In re the Marriage of: )


)
4 AMANA I.K.M. FISHER, )
)
5 Petitioner, )
)
6 and ) No.: 05-3-02756-0
)
7 STEPHANIE J. SEYMOUR, )
)
8 Respondent. )

9
~-------------~>
10

11

12 DEPOSITION UPON ORAL EXAMINATION OF


AMANA MERRITT FISHER
13

- 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

- PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
1

TELEPHONE (425) 258-2703


APPEARANCES:
2

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

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INDEX
2

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

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2722 COLBY AVENUE. SUITE 714
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BE IT REMEMBERED, that on the 2nd day
2 of May, 2008, commencing at the hour of 1:00 p.m. of said
3 day the Deposition Upon Oral Examination of AMANA MERRITT
4 FISHER was taken upon behalf of the Respondent at the Law
5 Offices of Brewe Layman, 3525 Colby Avenue, Suite 333, in
6 the city of Everett, county of Snohomish, state of
7 Washington, before Paul W. Rode, Certified Court Reporter
8 and Notary Public in and for the State of Washington;
9 WHEREUPON, the following proceedings
10 were had and testimony given, to-wit:
11
II
12
II
13 AMANA MERRITT FISHER, called as a witness on behalf of
14
the RESPONDENT, after being first
15 duly sworn was examined and
16 testified as follows:
17
II
18
II
19
(Respondent's Exhibit Nos.
20 "l" and "2" marked for
21
identification by Reporter.)
22
II
23
II
24 II
25 II

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DIRECT EXAMINATION
2 BY MS. TORGERSON:
3 Please state your name for the record.
Q
4 A Amana Merritt Fisher.
5 And how do you spell "Amana"?
Q
6 A A-M-A-N-A.
7
Q And "Fisher"?
8 A F-I-S-H-E-R.
9 THE COURT REPORTER: How about
TO "Merritt"?
II
II
12
Q (by Ms. Torgerson) And "Merritt"?
13 A M-E-R-R-I-T-T.
14
Q Mr. Fisher, have you ever had your deposition taken
15
before?
16 A No.
17
Q I am going to ask you some questions and just ask that
18
you answer those questions to the best of your
19
ability. If you don't understand a question I have
20 asked you, let me know and I will attempt to rephrase
21
it. If you need to take a break, I am more than happy
22 to accommodate that; I just ask that you answer the
23
question in front of you before we take that break.
24
Your attorney may make some objections and depending
25
upon what those objections are you either will need to

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answer the question or not and we will address that
2 when that comes up. Otherwise we will hopefully get
3 this done as quickly as possible.
4 A There you go.
5 Have you been known by any other names in your life?
Q
6 A My birth name is Kirk Merritt Fisher.
7 When did you change your name from Kirk Merritt
Q
8 Fisher?
9 A (Interposing) I changed it when I moved to the
10 Northwest.
11 And when was that?
Q
12 A That was probably -- oh, gosh -- let's say, you know,
13 around -- let's see, I moved up here in '79, I
14 probably changed it around -- oh, no, I didn't change
15 it until '84.
16 '84?
Q
17 A Yeah, around '84.
18
Q And what prompted you to change your name?
19
A I lived up here and took the name. "Kirk" never
20
lasted through elementary school, I had nicknames my
21
whole life, and it was a name given to me by a very
22
dear friend as a nickname and I just went: Everybody
23
knew me by it, let's go ahead and make it my legal
24 name.
25 Have you been known by any other names?
Q

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A No.
2 Q What is your current address?
3 A (Interposing) I mean nicknames.
4 Q Legally?
5 A No.
6 Q What is your current address?
7 A 1526 192nd Street SE, Townhouse S2.
8 Q How long have you resided there?
9 A About -- let's see, April -- a year.
10 Q Is that an apartment?
11 It's a townhouse.
A
12 You rent that townhouse?
Q
13
A Yes.
14 How many bedrooms is that townhouse?
Q
15
A Two bedroom.
16
Q What is your rent there?
17
A Nine hundred (900) .
18
Q Are there any other people who reside there with you
19
other than your daughter?
20
A No.
21
Q Are you paying that rent solely?
22
A Yes.
23
Q Have you resided at any other addresses since
24
separation?
25
A Yes.

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Q And what address was that?
2 A Let's see, I think it was 1525 15th Avenue SE, right
3 off of Canyon Park, a complex right there.
4 Q Did you move there directly after separation?
5 A Yes. No. No, I resided at one more address.
6 Q Okay. And what was that address?
7 A That was 2009 -- gosh, I should have had all these
8 things with me -- on 19th Avenue, right in the same
9 neighborhood.
10 Q The 19th Avenue address, how long did you reside
11 there?
12 A About a year and a couple months, something like that.
13 Q And then the other address --
14 A (Interposing) Oh, no, that's too long. I resided
15 there from our separation occurred on December and
16
God, I wrote these things down when I had them in
17
front of me -- and then I moved in, oh, July. So what
18
is that, that's December, January, February, March,
19
April, May, June, July, seven months.
20 Q So from December of 2005 --
21
A (Interposing) 2005 is when we separated.
22
Q (Continuing) -- to July of 2006
23 A (Interposing) There you go.
24 Q (Continuing) -- you resided at the 19th Avenue?
25 A Right.

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Q And then from July 2006 till April of --
2 A (Interposing) Till April.
3 Q (Continuing) -- 2007 you resided at --
4 A (Interposing) I resided on 15th Avenue.
5 Q (Continuing) 15th Avenue. Okay. And both of those
6 addresses were rentals?
7 A Yes.
8 Q And did you again reside with any other residents
9 other than your daughter at those addresses?
10 A There in the 19th Avenue house there was we had a
11 separate area that was sealed off with lock and key,
12 but i t was a large house that had other renters
13 included in it.
14 Q Okay.
15 A Yeah. But we had our own separate kitchen and, you
16 know, available common areas, the whole nine yards,
17 swimming pool.
18 Q How far do you presently live from Stephanie Seymour's
19 house?
20 A Gosh, two miles, something like that.
21 Q Are you in the same boundary district
22 A (Interposing) I am just north --
23 Q (Continuing) for Samantha's school?
24 MR. BESMAN: Let her ask the question,
25 for two reasons: One, so that you can hear what the

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question is; and Second, so the Court Reporter isn't
2 trying to --
3 THE WITNESS: (Interposing) Give him a
4 break.
5 MR. BESMAN: (Continuing) -- type two
6 things at the same time.
7 II
8 Q (by Ms. Torgerson) And actually that brings up a good
9 point: Let me finish the question and I will give you
10 as much time as you want to answer. You do need to
11 answer verbally as well because the Court Reporter is
12 transcribing it all and it won't show up on the
13 transcript.
14 A (Interposing) Right.
15 Q So in your present residence do you reside within the
16 borders of Samantha's school boundaries?
17 A No. I'm just barely out on the north end.
18 Q Are you in her same school district?
19 A No. I'm in the Everett School District, two blocks
20 from Northshore School District.
21 Q Do you agree that she should continue in the
22 Northshore School District?
23 A Yes.
24 Q How many children do you have?
25 A I have -- biological children or the children that I

10

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call my own?
2 Q Biological children.
3 A Biological children, I have two.
4 And what are their names and ages?
Q
5 A Si Fisher, and he is 23 I believe, I may have to do
6 the math to make sure it hasn't changed on me, he was
7 born in 1984.
8 Q How do you spell "Si"?
9 A S-I.
10 Q And another?
11 A Samantha.
12 Q And Samantha is age 9?
13 A Nine (9) .
14 Q Does Si reside with you presently?
15 A Oh, no.
16 Q Do you pay support for Si at this point?
17 A No.
18 Q Stephanie has two other children. Is that correct?
19 A Yes.
20 Q Jamieson and Tara?
21 A Jamieson is not a biological child of Stephanie's.
22 Q But it is a product of her same sex relationship prior
23 to your relationship. Is that correct?
24 MR. BESMAN: I don't think you can say
25 that it's a product.

11

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2722 COLBY AVENUE. SUITE 714
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,------

THE WITNESS: Right.


2 MS. TORGERSON: Fair enough. That's

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

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CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
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Q Have you ever been arrested?
2 A No.
3 Ever been convicted of a crime?
Q
4 A No.
5 Q Have you ever used illegal drugs?
6 A Yes.
7 Q When was that?
8 A Years ago.
9 Q What's "years ago," when was the last time you used
10 illegal drugs?
11 A Just prior to Stephanie having a problem with her
12 addiction with alcohol and pain killers, that's when I


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

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2722 COLBY AVENUE. SUITE 714
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beer and so had a beer.
2 Have you ever submitted to a drug test?
Q
3 A Yes.
4 Q When was that?
5 A That was when Stephanie accused me of being a druggie,
6 I submitted to a hair follicle and-urine test
7 defending myself against her false allegations against
8 me.
9 Q Has Stephanie received the results of those tests?
10 A A long time ago during our initial court encounter in
11 2005.
12 Q And those results were negative?
13 A Yes. "Negative" meaning?
14 Q Negative for all illegal substances?
15 A Yes.
16 Q Do you have current car insurance?
17 A Yes.
18 Q And who is that through?
19 A State Farm.
20 Q Have you graduated from high school?
21 A In 2094. (Sic)
22 Q 1994?
23 A 1994. I'm not sure whether I actually received a
24 certificate or not. I believe I have a graduation
25 certificate. I basically finished all my classes and

14

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went off to Hawaii.
2 Was that through a GED program?
Q
3
A No, i t was just the regular program. But I'm not sure
4 if my grades gave me a full graduation or if I was a
5 point less or something, you know, I did not go to a
6 graduation ceremony.
7 Have you ever attended any college courses?
Q

8 A I attended courses in Early Childhood Education with


9 Shoreline Community College that were a part of
10 Samantha's preschool education, parent preschool
11 co-op.
12 So in connection with her preschool co-op you were
Q
13 required to attend some courses with Shoreline
14 Community College?
15 A I believe i t was required, I don't know, I was
16 inspired to attend.
17 Q How many courses did you attend?
18 A Gosh, I think they had like at least one a month, we
19 all got together in the evening and would attend a
20 presentation, one a month, for the I believe three
21 years if not four years that she was in the preschool.
22 Were they presentations through the community college
Q
23 or were they actually enrolled courses, you were
24 actually enrolled as a student?
25 A (Interposing) I believe we were enrolled as a student

15

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2722 COLBY AVENUE. SUITE 714
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through the school. I did not enroll myself as a
2 I believe they were courses that as a part
student.
3 of the school you were enrolled in these courses.
4 Did you pay for those courses?
Q
5 I believe they were included in our tuition.
A
6 And other than those courses have you received any
Q
7 other college credits?
8 (Interposing) No, I have not.
A
9 Did you actually receive college credit for those
Q
10
courses?
11 I do not know.
A
12 Have you received any technical training or any sort
Q
13 of post high school job specific training?
14 I have largely been a children's entertainer and
A
15 received training on teaching, a certificate on
16 teaching people how to juggle from a juggling
17 institute and I received a lot of technical training
18 in my experience running stages and where I work now
19 I'm receiving a lot more technical training.
20 What was the date of your marriage?
Q
21 We had a ceremony on 9/9/2005 that included
A
22 (Interposing) 2005?
Q
23 Yes. Excuse me, '95, 1995. That would be a little
A
24 short.
25 And where was that ceremony?
Q

16

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2722 COLBY AVENUE. SUITE 714
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A That was at Baby Island on Whidbey Island, Washington.
2 Included all of our family and friends. Her sister
3 acted as her maid of honor.
4 Q Who performed the ceremony?
5 A Love Israel, who had a marriage license, license to
6 marry us.
7 Through the Island County government?
Q
8 A I'm not sure. He had the appropriate paperwork.
9 But you would agree you weren't officially married on
Q
10 that date?
11 A We did not see the reason to get legally married as
12 our love for each other should stand on its own
13 merits.
14 Q And you knew on that date that you were not legally
15 married?
16 A Yes.
17 MR. BESMAN: I am actually going to
18 object because there is no foundation for Mr. Fisher
19 to be able to determine the legal status of his
20 marriage to Ms. Seymour or not.
21
II
22 A I considered us married.
23 Q (by Ms. Torgerson) But you knew the government didn't
24 consider you married?
25 A It was not my concern.

17

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2722 COLBY AVENUE. SUITE 714
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Q Did you ultimately complete the appropriate paperwork
2 to become legally married?
3 A Yes.
4 Q And when did you complete that paperwork?
5 A I think it was 7/11, it was right when Stephanie -- to
6 include me on her insurance because then it became a
7 reason to complete the legal documents, 7/11, it was
8 not a consequential date in my mind.
9 Q The Petition I believe alleges that it was in 1998.
10 Does that --
11 A (Interposing) That sounds right, yeah.
12 Q (Continuing) -- refresh your recollection? The
13 purpose of completing the appropriate paperwork was to
14 make it more convenient for you to be on her medical
15 insurance?
16 A Yes.
17 Q And that would be through her employer?
18 A Yes.
19 Q Had you been on her medical insurance prior to that
20 date?
21 A No.

22 Q Did you have medical insurance prior to that date?


23 A No.

24 Q Were there any other reasons for you to complete that


25 paperwork at that time?

18

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2722 COLBY AVENUE. SUITE 714
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A I guess documentation with the birth of -- with her
2 being -- well, let's see, was she pregnant? I'm
3 wondering if Samantha was an element, let's just make
4 i t legal, you know, she wanted to have a baby
5 together.
6 Q Do you recall whether she was pregnant on that day or
7 around that time?
8 A (Interposing) Samantha was born on January 12, 1999,
9 so that does ...
10 Q The math works.
11 A The math works, yes.
12 Q Prior to July of 1998 had you and Stephanie purchased
13 any property together?
14 A No.
15 We were recovering a bad medical accident for
16 many years.
17 Q You had been injured in a car accident in Hawaii?
18 A Yes.
19 Q Both of you were significantly injured. Is that
20 correct?
21 A (Interposing) Significantly.
22 Q And there were significant medical bills that were
23 associated with that accident?
24 A Yes.
25 Q Do you recall how much those medical bills were?

19

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A I believe I was in excess of a hundred thousand
2 dollars which was paid by "no fault" in Hawaii.
3 Stephanie didn't pay any portion of that?
Q
4 Not my medical bills.
A

5 Q Do you recall how much Stephanie's medical bills were?


6 A I do not. I mean I could guesstimate somewhere in the
7 thirty-five, forty-five thousand dollar level due to
8 the injuries.
9 Prior to July of 1998 did you have any joint accounts
Q
10 with Stephanie?
11 A I believe, yeah, I believe I was on, you know, when we
12 got married I believe I was included in our joint bank
13 account, we had only one.
14 Q Prior to
15 A (Interposing) 1998. When we had our marriage ceremony
16 and I considered us married.
17 You believe you were on and you had joint accounts?
Q
18 Right.
A
19 Do you have any statements reflecting that you were on
Q
20 joint accounts together?
21 I'm sure they can be dug up, US Bank. It's probably
A
22 the same account. Yeah, I'm sure they can be found.
23 Do you know what the purpose of the joint account was,
Q
24 did you pay bills out of that?
25 A Yeah, pay bills and put money in, take money out.

20

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2722 COLBY AVENUE. SUITE 714
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Q Did you deposit money into that account?
2 A (Interposing) Yes.
3 Where were you working at that time?
Q
4 At that time I was performing stage shows and also had
A

5 a -- well, let's see, no, excuse me, the candle


6 business was destroyed by the accident, I was no
7 longer able to make hand dipped candles.
8 MR. BESMAN: Actually I think the
9 question refers to the period between '95 and '98.
10 MS. TORGERSON: Yes.
11 THE WITNESS: Oh.
12
II
13 (by Ms. Torgerson) During that period of time, between
Q
14
1995 and 1998.
15 (Interposing) Yeah, entertaining.
A
16
Q Entertaining?
17
A (Interposing) Entertaining. Performing at fairs.
18
Q What was your average income during that period of
19
time from 1995 to 1998 per month from entertaining?
20 Hard to say, extremely varied. Not enough to warrant
A
21
a separate tax statement.
22 Less than a thousand dollars a month?
Q
23
A Yes.
24
Q Where was Stephanie working during that period of
25
time, again from 1995 to 1998?

21

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2722 COLBY AVENUE, SUITE 714
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A She got a job at Intermec Techno1ogies.
2 Q Do you reca11 when she got that job?
3 A It was before Samantha's birth at my suggestion
4 because I entertained there and they took very good
5 care of their emp1oyees.
6 Q Had she been emp1oyed prior to being hired on at
7 Intermec?
8 A She was free1ancing as an instructor of TCPIP for
9 Shore1ine Community Co11ege and she wrote, co-authored
10 "Exce1 5, The Comp1ete Reference," for McGraw-Hi11,
11 "Exce1 4" and "Excel 5" which I was 1arge1y invo1ved
12 in the second book.
13 Q Did you receive any compensation for your work or any
14 credit in the book for your contribution?
15 A Wel1, I'm in the acknow1edgments as the person who tok
16 a11 the pieces out of the Excel 4 format, sent them to
17 a11 the authors throughout the nation and then
18 reintegrated them when the book was done. I'm in the
19 acknow1edgments and I be1ieve I did receive
20 compensation from McGraw-Hi11 for that as we11.
21 Wou1d you agree that between the period of again 1995
Q
22 to 1998 that Stephanie was the primary bread winner,
23
income earner for your househo1d?
24 I don't know what you mean by "primary." Meaning she
A
25 made over 50 percent of the income or she made

22

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90 percent of the income, what does "primary" mean?
2 Q She made more money than you did during that period?
3 A (Interposing) She made more money than I did, yes.
4 Q Would you agree that she made over double what you
5 would make, your average income, during that period of
6 time 1995 to 1998?
7 A Boy, I did a lot of lawn mowing for twelve dollars an
8 hour. I'd say that's close.
9 Q When did you and Stephanie move in together?
10 A We moved in well, let's see, we moved in together I
II would say '93, in the fall of '93, something, I'm
12 guessing. At least a couple years. We planned to get
13 married in '94. We had the car accident in April of
14 '94 and decided a honeymoon wouldn't be very fun in
15 wheelchairs, so we put off our marriage ceremony till
16 1995.
17 When you moved in together in the fall of 1993 where
Q
18
did you move to?
19 She moved in with me next door.
A
20 Into an apartment?
Q
21 No, into a house that I was renting.
A
22 During the period of 1993 when you initially moved in
Q
23 together and 1995 did you have any joint accounts
24 during that period of time?
25 I don't believe so.
A

23

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258-2703
Q When you initially moved in together in 1993 what was
2 your employment at that point, where did you earn your
3 income?
4 A Oh, I made hand dipped candles, hundreds of hand
5 dipped candles and had displays where I distributed
6 them to stores. And I also entertained.
7 Entertainment was very profitable when I got jobs.
8 Q Did you have a business that you operated?
9 A I was just paying the bills, small enough income to
10 not be concerned about taxes.
11 Q Did you receive your payment for the candles and the
12 entertainment in cash?
13 A No, checks. I'd deposit them.
14 Q Did you file taxes from 1993 to 1995?
15 A (Interposing) No. I considered myself under the
16 taxable income bracket.
17 Q Do you recall what the taxable income bracket was at
18 that period of time?
19 A Something makes me kind of think if you made under
20 twelve thousand dollars a year you were probably okay.
21 So you would estimate that your income at least during
Q
22 the period of 1993 to 1995 was about twelve thousand
23 dollars gross annually?
24 A Yeah, I'd say somewhere around, and that's a long time
25 ago. You know the house was four fifty a month, you

24

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258-2703
know, I was basica1ly money to needs kind of mind set
2 with no credit history, didn't believe in credit cards
3 at that point in my life. Didn't want debt.
4 Q After the accident in Apri1 of 2004 (sic) you said
5 your employment or income changed --
6 A (Interposing) Yes.
7 Q (Continuing) -- as a result of the accident.
8 A Yes.
9 Q You wou1d agree that it was reduced from the accident?
10 A Oh, drastically. I was incapacitated for almost a
11 year.
12 Q You were unable to work for a year?
13 A I did perform on crutches at a state fair because it
14 was already booked and the government was not going to
15 help enough to not take the performing job.
16 Q Did you receive any sort of disability payments
17 A (Interposing) No, I did not.
18 Q (Continuing) -- or unemployment compensation?
19 No.
A
20 Q In terms of entertainment what kind of entertainment
21 do you do?
22 A I perform magic, juggling, comedy and music.
23 Q What sort of venues do you perform at?
24 A I performed at the Edmonds Arts Festiva1, handled the
25 whole children's area four years in a row making one

25

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258-2703
year over a thousand a day for three days in a row.
2 What year was that?
Q
3
A Its been at least three years. Its been at least five
4 years since I performed there, so the year that I made
5 that good money was the first three years and here
6 again I'm grabbing a date out of my head.
7 During the period of your marriage --
Q
8 A (Interposing) Oh, yes.
9 (Continuing) -- between 1998 to date of separation?
Q
10 Yes, definitely.
A
II Do you currently make candles?
Q
12 No. I could not make candles after the car accident
A


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

PAUL W. RODE 8c ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258-2703
A Yes.
2 When was the last year that you did file your taxes?
Q
3 With Stephanie prior to our separation.
A

4 So that would have been, what, 2004?


Q
5 (Interposing) 2004.
A

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

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258-2703
occasional bonus came our way from entertainment and
2 mowing, odd jobs.
3 Where would you deposit the income that you earned?
Q
4 Into our bank account.
A
5 Into a joint account?
Q
6
A Yeah.
7 Did you have separate accounts --
Q
8 (Interposing) No.
A
9 (Continuing) -- from 1998 to 2004?
Q
10 No, I had no bank account until a year or two before
A
II our separation. And all these times I'm trying to
12 get, they're not absolute, you know what I mean.
13 (Interposing) Do you recall when the joint account was
Q
14
closed?
15 I believe we had the joint account right up until our
A
16
legal documents.
17
Q Until this case was filed?
18
A Until this case was filed, yeah.
19
Q And you indicated that you had opened a separate
20 account prior to your separation.
21
A Right. At Stephanie's suggestion
22 (Interposing) Why was that?
Q
23
A (Continuing) -- for me to start getting credit history
24 so that we could -- to establish myself in the credit
25
world.

28

PAUL W. RODE & ASSOCIATES


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2722 COLBY AVENUE. SUITE 714
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TELEPHONE (425) 258-2703
Q And so what funds would you deposit into that separate
2 account?
3 A Oh. Yeah, funds were used jointly. I probably did
4 deposit funds into the separate account to establish
5 it, but they were used for jointly for family needs
6 and I would put money into her account if there was a
7 need to cover rent or things like that.
8 Q Do you recall what account the household bills were
9 paid from?
10 A They were paid from her account.
II Q From Stephanie's account?
12 A Yes.


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

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2722 COLBY AVENUE. SUITE 714
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TELEPHONE (425) 258·2703
A So maybe that's not a joint account, maybe I misspoke.
2 Q So you were able to sign checks, but in terms of the
3 statements and the ownership of that account it
4 indicated that it was in her name only?
5 A (Interposing) Yes.
6 Q So from that account the household bills were paid?
7 A Yes.
8 Q And you would deposit your income into that account?
9 A When it was necessary or spend i t on groceries or
10 spend i t on, you know, paying the electric bill. I
11 mean when it was necessary. When the account needed
12 money to be deposited into it to cover expenses that
13 were --
14 Q (Interposing) Did you deposit money into that account
15 every month?
16 A I don't think I did much of anything every month.
17 Q Okay.
18 A I think we did it as it was needed.
19 Q Do you recall if it was needed often or if it was only
20 an occasional thing that you would do in terms of
21 depositing money into that account?
22 A I don't. I mean I don't recall whether it was -- I
23 don't recall how often it was and don't exactly know
24 what you mean -- there was not a regular job I worked
25 so there was not a regular percentage or any of those

30

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 99201
TELEPHONE (4251 256·2703
factors involved.
2 When you opened an account in your name, was Stephanie
Q
3 a signer on that account?
4 A I believe that she wanted me to have it with no
5 involvement of her so that I could establish credit in
6 my own name without it, that way there was no -- I
7 would establish my own credit.
8 Q Okay.
9 A Right.
10 Q Did she remove your signing authority on that account,
11 on her account, at some point during your marriage or
12 did that occur after you separated?


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

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2722 COLBY AVENUE. SUITE 714
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TELEPHONE (425) 258-2703

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

PAUL W. RODE & ASSOCIATES


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2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258·2703
multiple school districts or just one?
2 No, just Northshore School District.
A
3 In terms of your employment in that position since
Q
4 this action was initiated or I guess since December of
5 2005 have there been times where positions weren't
6 available for you?
7 I did not initiate my employment with the Northshore
A
8 School District until Samantha went to school this
9
year.
10 Till September of 2007?
Q Okay.
11 (Interposing) Right. Yeah. Maybe late August, the
A
12 first date might have been late August.
13


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

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2722 COLBY AVENUE, SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258·2703
Q What is that hourly rate?
2 Thirteen thirty-seven (13.37), I'm pretty sure, before
A
3
taxes.
4 Gross thirteen thirty-seven (13.37)?
Q
5 Thirteen thirty-seven (13.37) an hour gross, yes.
A
6
Q Then in addition to ybur Para-Educator work you also
7 indicated that you work as a Technical Assistant?
8 Uh-huh.
A

9 THE COURT REPORTER: Please answer yes


10
or no.
II
II
12
A Yes.
13 (by Ms. Torgerson) How often a month on average do you
Q
14
work in that position?
15
A How often a month?
16 I mean is it an everyday position that you work in or
Q
17
is it an as needed basis?
18
A As needed.
19 Let's say in the month of April, how many hours did
Q
20
you work in that position?
21
A I submitted time sheets.
22
Q I did get those.
23
A Okay. And I don't recall the actual number.
24 MR. BESMAN: I'm not sure that April is
25 actually in the time sheets yet because I don't know

34

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258·2703
if that was submitted, but the Answers to
2 Interrogatories will show what they show.
3 THE WITNESS: Yeah, those are the ones
4 right there for the Technical, Performing Arts Center.
5 MS. TORGERSON: April is not in here.
6
II
7 Q (by Ms. Torgerson) Does your income from your
8 Technical Assistant position show up on your pay stubs
9 from the Northshore School District
10 Yes.
A
11 Do you receive two separate pay stubs from them?
Q
12
A No.
13 So the "Pay Off Contract," what would that be?
Q
14 Oh, are we on the first one?
A
15 No. Do you know what that would be?
Q
16 Thirteen ten (13.10). Thirteen thirty-seven (13.37)
A
17
Q So when the rate is 13.10, that's the rate you are
18
paid as a Technical Assistant?
19
A Yes.
20
Q And when your rate is 13.37, that's your rate as a
21
Substitute Para-Educator?
22
A Yes.
23
Q And it looks as of this pay stub in February 2008 pay
24
stub it looks like you have overtime hours. Would
25
that be through your Technical Assisting position?

35

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2722 COLBY AVENUE, SUITE 714
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TELEPHONE (425) 258-2703
• 2

3
A Right. Well, I don't know, that's where I end up

going over eight hours in the evening. I don't know

which pocket they take it out of, whether it's over


4 eight hours on the, you know, you understand what I'm
5 saying, I don't know if they're paying me 13.10 or
6 13.37 as a basis of their overtime calculations.
7 Q But you receive overtime pay for the hours that you
8 are working in the evening for the Technical
9 Assisting?
10 A Yes. And sometimes at the Technical Assisting job
II when it's loading in a show and it's 10 hours all by
12 itself.
13
Q How far in advance do you know that you will be
14 working in that Technical Assisting position?
15 A It changes every day depending on -- pretty much a
16 month, but the schedule varies depending on theatrical
17 people and the changes they make as we approach any
18 event.
19
Q But you would know about a month in advance
20
approximately what days you may need to work?
21
A Yes.
22
Q And then the hours may vary --
23
A (Interposing) Right.
24
Q (Continuing) -- based on what you are needed for.
25 A Right. But not for the substituting.

36

PAUL W. RODE & ASSOCIATES


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2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258·2703
Q Do you call in once in the evening to find out if you
2 are needed in the morning?
3 MR. BESMAN: For which position?
4
II
5 Q (by Ms. Torgerson) For the Para-Educator position.
6 A For the Para-Educator position I am either called
7 automatically by a computer with a job offer or if I
8 have not received one I will call very early in the
9 morning before the computer starts to call
10 automatically other substitutes.
11 Q In terms of your Technical Assisting position, does
12 that require you to sometimes work evenings?
13 A Yes.
14 Q Is it consistently evenings?
15 A No.
16 Q Does it sometimes require you to work weekends?
17 A Yes.
18 Q In addition to your Substitute Para-Educator position
19 and your Technical Assisting position are you also
20 continuing with your entertainment?
21 A I'm trying.
22 Q Okay.
23 A Makes a lot better money.
24 Q Do you find that the entertaining income is more
25 predominant during the summer months?

37

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258·2703
A If you have booked them in advance. If you have
2 booked them in advance, I mean there is an occasional
3 need but most of the entertainment has to be booked
4 six months, five months, sometimes a year before the
5 actual event. So summer I'll be working on winter
6 locking in holiday season.
7 Q How much income have you earned from the entertaining
8 role or how much income have you earned from that
9 since January of 2008?
JO A Oh. Four hundred and fifty dollars ($450) . I believe
II that's all of them. Two. Yeah, that's it.
12 Q And that's less than you had earned on average on a
13 month to month basis in previous years. Is that
14 correct?
15 A Wait a minute. Could you restate that?
16 Q Sure. So from January 2008 to present you indicated
17 that you had earned approximately $450.
18 A Right.
19 Q hat works out to be very little, about a hundred
20 dollars a month, a little bit more than that on
21 average for January, February, March and April. My
22 question is: During the year 2007 were you earning
23 about a hundred dollars a month on average through
24 that employment entertaining?
25 A Probably. That's about right, you know, in three

38

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258·2703
r
'

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

PAUL W. RODE & ASSOCIATES


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2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258·2703
before and after school.
2 Q At this point she's not in daycare. Is that correct?

3 A At this point she goes to daycare in the mornings when


4 I have to be working before her school starts at
5 9:00 o'clock.
6 Q When you go to work at 6:45 in the morning?
7 A Yes.
8 Q Who is the daycare provider?
9 A Dorothy Baroney. (Phonetically spelled)
10 Q Is she a neighbor or a professional daycare?
11 A She runs a daycare, I don't believe it is accredited.
12 I believe you have a receipt from last month.
13 Is that correct, Norman?
14 MR. BESMAN: I don't believe so.
15 THE WITNESS: Okay.
16
II
17 Q (by Ms. Torgerson) How much does she charge a month?
18 A It depends on how many mornings she's needed for me.
19 She charges five dollars ($5) an hour, a minimum of
20 two hours.
21 Q Have you filed your taxes for 2007?
22 A Not yet.
23 Do you intend to file your taxes for 2007?
Q
24 A Yes.
25
Q If you worked your Technical Assisting position in the

40

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258-2703
evenings, and I understand that it's a flexible
2 schedule, but approximately what time would you come
3 home from that position from your employment?
4 A Eight (8:00), as late as ten (10:00), you know, as
5 early as six (6:00), you know, and rarely late.
6 Rarely that late as late as ten (10:00).
7 Q On the weekends when you are working in that Technical
8 Assisting position is that generally concentrated
9 again in the evening hours or can it vary day to day,
10 weekend to weekend?
II A Sorry?
12 Q When you are working in your Technical Assisting
13 position you had testified or indicated that you
14 sometimes have to work weekends.
15 A Yes.
16 Q And my question is: Your hours on the weekends, is
17 that generally again during the evening hours or can
18 it be the entire day?
19 A Yeah, all over. I mean tomorrow, you know, all over.
20 Q Are you working tomorrow?
21 A Yes.
22 Q What are your hours tomorrow, do you know?
23 A I believe it's 12 noon and don't know how long it's
24 going to go, we're setting up lights for Bothell High
25 School's musical.

41

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
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TELEPHONE (425) 2°58-2703
Q Do you have an estimate on how long i t would take?
2 A I'd say anywhere from three to five hours depending on
3 how well the students help.
4 Q When you are working in that position, your Technical
5 Assisting position, and Samantha is in your care does
6 she go to daycare or --
7 A (Interposing) No.
8 Q (Continuing) -- who cares for her --
9 A (Interposing) No.
10 Q (Continuing) -- during that time?
II A It's beautiful, she is with me in the Control Room
12 where she has a spot that she can do her homework if

it happens to be a meeting, like an after school, her


13

14 sister performing with her orchestra and Samantha has


IS a place where she can watch television, be right there
16 next to me and have all of her needs covered.
17 Q So in the evenings when you work until 8:00 o'clock
18 she's with you?
19 A If she's with me.
20 Q If she's in your care.
21 A And it depends. Sometimes she'll stay with a friend,
22 sometimes she'll come along, you know. She loves the
23 performing arts, she's a singer and has performed
24 herself.
25 Q Does she perform with you?

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CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258·2703
A Oh, in my entertainment?
2 Q Yes, in your entertainment?
3 A Only as: Daddy, can I be the volunteer, you know. She
4 wants to be my beautiful assistant.
5 Q What was Stephanie's typical work schedule during your
6 marriage?

7 A Oh, after she got employed with Intermec?


8 Q Yes.

9 A I'd say 8:30 to 9:00 a.m. till 4:30 to 5:00 p.m.


10 Q Did she work evenings sometimes?

11 A At home. For the first couple years she was on call


12 for technical support globally, so she would have to
13 answer some call from who-knows-where where it's the
14 middle of the day.

15 Q A technical question about their computer systems?


16 A Right.

17 Q And she could do that from home?


18 A In the evenings, yes.
19 Q Would she work weekends?

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.

24 Q And after she -- go ahead.

25 A If she got a call, yes.

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PAUL W. RODE & ASSOCIATES


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2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 96201
TELEPHONE (425) 258·2703
Q If she got a call when she was on call, she would need
2 to answer that?
3 A Yes.
4 Q And at some point she went out of technical support?
s A Right.
6 Q And when she transferred into that new position did
7 she have to work evenings or weekends?
8 A It seems like she's always had to be available on
9 occasion to work an evening or a weekend, you know.
10 Q Was it a consistent thing that she work evenings every
II week or every day?
12 A Yeah. I mean I would see it like that. I was always
13 there to cover the children so that she would be
14 available, you know.
IS Q Did she work every weekend?
16 A For an hour here or an hour there or all of a sudden
17 there's a big project that requires five hours in a
18 day getting it over the hump, you know what I mean,
19 but not all weekend every weekend.
20 Q (Interposing) When she was working the evenings or
21 weekends did she do that work at home?
22 A Sometimes she may have to go in, but mostly at home.
23 Q Do you know if her work schedule has changed since you
24 separated?
25 A I have very little contact with Stephanie. To my

44

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258-2703
• 2

3
Q

A
dismay.

What time does Samantha wake up in the morning?

Seven thirty (7:30), eight (8:00) o'clock.


4 Q On a school day?
5 A Yeah, on a school day. Sometimes I will have her
6 prepared to go to school and take her over to
7 Dorothy's where she is able to sleep for another hour
8 when I need to go to school early.
9 Q When you are not working in your Para-Educator
10 position how does she get to school?
11 A I drive her.
12 Q And when you are working in your Para-Educator
13 position and she's at Dorothy's in the morning how
14 does she get to school?
15 A The bus right there with other children her age.
16 Q How does she typically get home from school?
17 A When she's with me I pick her up.
18 Q And that's regardless of whether you are working the
19 Para-Educator position or not?
20 A Most of the time I can schedule i t so I can get away
21 to pick Samantha up. On some occasions, on few
22 occasions, I've had her, you know, go home with a
23 friend for an hour or go to Dorothy's a couple times
24 after school.
25 Q (Interposing) What time does school get out?

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PAUL W. RODE & ASSOCIATES


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A Three thirty-five (3:35).
2 Q And what time does school start?
3 A Nine fifteen (9:15).
4 Q Does she have a consistent bedtime?
5 A Yeah.
6 Q What is that?
7 A Like 9:00, you know, 9:00-ish.
8 Q Has Stephanie attended parent-teacher conferences?
9 A Not all of them. Occasionally. That's the best
10 answer I could say.
11 Q Have you attended all of the parent-teacher
12 conferences?
13 A Yes.
14 I also teach in her classroom.
15 Q And when do you do that?
16 A I do it Tuesdays and Thursdays to supply them with
17 math timings as a volunteer when I'm out from
18 educating early enough to run over there and run all
19 the kids through their math timings.
20 Q So if your Para-Educator position gets out early
21 enough for you to go over to the school?
22 A Yeah.
23 Q Who takes Samantha to her doctor's appointments?
24 A Both of us.
25 Q Who is her doctor?

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A She's been going to the c1inic in The Everett C1inic
2 and I be1ieve that the woman who was her doctor is now
3 on1y taking wa1k-in patients so there's a varied group
4 of doctors there that we go consistent1y to at this
5
point for hea1th care.
6 When was the 1ast time you took her to the doctor?
Q
7 I had to take her to have her foot x-rayed, I believe.
A
B You took her to get her foot x-rayed?
Q
9 (Interposing) Oh, and a1so she had a congestion thing
A
10 She's been pretty hea1thy 1ate1y.
that happened.
11 When did you go and get her foot x-rayed?
Q
12 This was -- did I get it x-rayed or did -- I remember
A
13 being at the doctor's in the deep of winter and I'm
14 not sure if it was over the foot or over coughing.
15 Was she in a car accident in December?
Q
16 There was a 1itt1e bump that I don't be1ieve the
A
17
person even reported. Stephanie reported it. I've

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.

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know, I think it was maybe blown out of proportion.
2 Q Do you know if she went to see a chiropractor as a
3 result of that car accident?
4 A (Interposing) Oh, yeah. Yeah, go see a chiropractor
5 is always good if you get a jar at all.
6 Q Did you take her to a doctor after her car accident?
7 A No.

8 Stephanie had her right afterwards, so Stephanie


9 took her.
10 Q What's "right afterwards," like the next day?
II A Yeah, I believe, like you know it was her turn to have
12 Samantha, so she took her to the chiropractor.
13 Q Does Samantha have allergies?
14 A Therein lies a health care question. I would say the
15 doctors -- yes.
16 Q Has she been tested for allergies?
17 A I believe so.
18 Q And she's prescribed medication for allergies. Right?
19 A I believe she has Allegra that is there for her when
20 she needs it.
21 Q Does she also have Albuterol?
22 A Yeah.
23 Q Does she take that medication when she's in your care?
24 A Only when it's necessary.
25 Q She doesn't take it every day?

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• 2

3
A

Q
She doesn't take it every day at her mother's either.

Do you have any objections to Samantha seeing doctors,

and by "doctors" I mean medical. physicians or western


4 doctors?
5 A Not when it's necessary. I woul.d pref er to seek a

6 heal.thy diet and hol.istic means of supporting her

7 immune system rather than use -- try to avoid using

8 prescription drugs with her and seek al.ternative means

9 to keep her heal.thy.


10 Q Through al.ternative medicine?
II A You know menthol. for a cough before cough medicine,

12 you know what I mean? Things that are -- but I have

13 nothing against putting her on antibiotics if she


14 needs them, you know.

IS Q Isn't i t true that when Stephanie's son Jamieson was

16 diagnosed with testicul.ar cancer that you bel.ieved


17 that i t was a resul.t of him eating fast foods at

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

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have cancer?
2 A No. I believe a healthy immune system can avoid a lot
3 of -- I did not know at the time due to the kind of
4 cancer. Over in Indianapolis where we went to Clarion
5 to have his operations they are very extremely
6 promoting fresh vegetables as a means to avoid
7 carcinogens.
8 Q Did you object to Stephanie's decision to have
9 Jamieson submit to chemotherapy treatments?
10 A No, I did not.
II
Q You did not?
12 A I did not. I did say: Have we explored all
13 alternative means before we make a decision, but I did
14 not object.
15 Q What has the residential schedule been for the last
16 year or since let's just say January 2007?
17 A I'm not sure if it goes back that far, the residential
18 schedule that Stephanie demanded from me under the
19 threat of not giving me child support.
20 Q What is the current residential schedule?
21 A The current residential schedule is that Stephanie has
22 Samantha when Jamieson and Tara are there to take care
23 of her from Thursday, Friday, Saturday and Sunday
24 every third weekend -- excuse me, two out of three
25 weekends.

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Q So the first and second weekend?
2 A Yeah.
3 And then Samantha is with me Monday, Tuesday and
4 Wednesday every week, and goes to her mother's on
5 Thursday evening, and then is with me Friday and
6 Saturday and Sunday. It's basically what you wrote in
7 the papers we received.
8 Q And you are referring to Stephanie's Proposed
9 Parenting Plan. In terms of the school schedule, that
10 residential schedule, that calendar that we created,
11 essentially represents what the current schedule is?
12 A (Interposing) Right, what the current schedule is,
13 yes.
14 Q And that does deviate from the Temporary Parenting
15 Plan. Correct?
16 A Yes, i t does.
17 Q And i t deviates to the extent that the Sundays are now
18 turned into transfers Monday morning at school?
19 A Yes, they are.
20 Q And that the Thursday evening is now an overnight?
21 A (Interposing) Visitation, yes.
22 Q Have you kept any calendars regarding the residential
23 schedule since this action was initiated?
24 A I'm not sure how far back my calendar goes of
25 Samantha's schedule back and forth.

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Q You are keeping a calendar at present time; are you
2 not?
3 A Well, at present time its pretty much been -- she took
4 a trip to Asia and requested me to take Samantha
5 during her trip and then -- so that would be a marker
6 of when this schedule was pushed upon me.
7 When was the Asia trip?
Q
8 A I do not -- say within the last year.
9
Q Have you been keeping a calendar since that date?
10 A Its pretty much been stable since that date.
11
Q So you haven't been keeping a calendar?
12 A I have a partial one at home, it is not up to date at
13 the moment.
14
Q Do you have just a regular annual calendar that you
15 just mark out what weekends are your weekends and what
16 weekends are Stephanie's weekends?
17 A No, I don't.
18 What notations do you keep on a calendar?
Q
19 A I was trying to get it every day into Outlook and make
20 it a monthly, you know, Samantha this weekend, put it
21 as a notation in an Outlook month file.
22 And is that so you could anticipate when your weekends
Q
23 were and when her weekends were?
24 I don't need to anticipate my weekends.
A
25 I mean in terms of planning ahead?
Q

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A Yes. I look forward to my daughter every chance I
2 get.
3 Q Do you agree that that schedule is in Samantha's best
4 interest?
5 A I believe that she does not get enough fun time with
6 her father on that being away from me that long. I

7 also believe that it's important to have her have a


a stable parent be there for her schooling so that she
9 can have consistency with someone being in touch with
10 her schooling. We had the other children week on and
II week off when I was parenting them and just about the
12 time I got in touch with what was going on at school
13 they went to the other parent which broke my ability
14 to be in touch with their schooling.
15 Q How does this residential schedule impact your ability
16 to keep in touch with schooling?
17 A Oh, no, it works good for my ability to keep in touch
18 with schooling because I'm consistently there Monday,
19 Tuesday, Wednesday, evenings.
20 Q So you would agree that this schedule is in Samantha's
21 best interest?
22 A In her best interest in reference to schooling, yes.
23 Not in her best interest in reference to fun time with
24 both parents, you know.
25 Q How would a Parenting Plan accommodate fun time?

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A I'm still wrestling with it because I would like to
2 have her every other weekend, but I don't want to
3 bounce her around during the week too much, you know.
4 So I'm wrestling with it, I'm trying to figure that
5 one out.
6 Q But other than the fun time, your concerns about
7 having more fun time with her, you don't have any
8 other objections to the Parenting Plan or to that
9 residential schedule that you have been following?
10 A Other than fun time with her father, no.
11 MR. BESMAN: For clarification purposes

12 we are talking about paragraph 3 . 2 of the Plan.

13 MS. TORGERSON: That's correct.

14 / /

15 Q (by Ms. Torgerson) We are talking about the School


16 Schedule, this three week rotational schedule.
17 A Yeah. I may want to eliminate Thursday and have her
18 -- forget it. Still working on that one.
19 Q You're not sure about ...
20 A I want to do what's best for Samantha.
21 Q Since you have been following this new schedule you've
22 not voiced any objection to this schedule?
23 A Yes, I have.
24 Q And who did you voice that objection to?
25 A Stephanie.

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Q And your attorney's never sent any letters indicating
2 you didn't agree with that schedule?
3 A I did not want to engage in more bills.
4 Q And you have not filed any sort of contempt motion
5 regarding that schedule?
6 A I did not want to engage in any more bills or I would
7 have.
8 Q Under that current schedule how does Samantha move
9 from house to house? Is i t via the school bus?
10 A Yes. Unless there's an exception.
11 Q But primarily she gets on one school bus to go to one
12 person's house and then goes on to the other school
13 bus?
14 A Right.
15 Q Would you want that to continue in terms of the school
16 bus transfers?
17 A I don't have a problem dropping Samantha off or
18 picking Samantha up, Stephanie seems to.
19 Q Have you had an opportunity to review Stephanie's
20 Proposed Parenting Plan?
21 A Yes.
22 MS. TORGERSON: Actually can we go off
23 the record for a second.
24 (Off the record.)
25 II

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MS. TORGERSON: Back on the record.

(by Ms. Torgerson) You have had an opportunity to

review Stephanie's Proposed Parenting Plan?

Very briefly before I came here. Very briefly.

We previously talked about this paragraph 3.2 which is

the three week rotating schedule and you have

indicated that what's represented in the Proposed

Parenting Plan is essentially what you have been

following?

Yeah, with variations depending on both of our

particular needs.

Work schedules and such?

Right.
What schedule have you been following in terms of the

Christmas holiday or Winter Break?

This year Stephanie wanted to flip Christmas, you know

Christmas with me, Christmas with her, and I felt that

it was Samantha really wanted to be with both of us,

so I felt it in her best interest to encourage us to

split it the way you have it there.

So you have had a chance to look at paragraph 3.3?

(Interposing) Yeah, there are a few things I can give

you as far as

MR. BESMAN: Let her ask the questions.

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THE WITNESS: Okay. Go ahead.
2
II
3 Q (by Ms. Torgerson) So in paragraph 3.3 ...
4 A What page are you on?
5 Q Page three. Paragraph 3.3 indicates that essentially
6 the Christmas Break would be divided equally with
7 one-half going to one parent in one year, the other
8 half going to the other parent that year.
9 Splitting on Christmas Eve basically.
A

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

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indicates that both parents would get two
2 uninterrupted weeks of vacation during the summer
3 months with advance notice. Is that agreeable to you?
4 A Sure.
5 Q Are you aware that Stephanie and Samantha will be
6 going on vacation to Mexico in the second half of
7 Christmas vacation?
8 MR. BESMAN: Actually it's just a
9 request at the present time.
10 MS. TORGERSON: Well, I was asking if
11 that --
12
II
13 A (Interposing) I'm aware of her request.
14 Q (by Ms. Torgerson) Okay. Do you have any objection to
15 that?
16 A Not when it's including the rest of her family.
17
Q And are you aware that it's for a family reunion?
18 A Yeah. That makes me much more comfortable with it.
19 Q Have you had an opportunity to review in 3.7 the
20 schedule for holidays?
21 A A little bit. There's a couple right off changes you
22 could throw on there that I know are in Stephanie and
23 my communication. Thanksgiving: Last year she spent
24 Thanksgiving with her mother and only came to me on
25 Sunday because my brother's whole family comes over

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every other year, so those need to be flip-flopped.
2 Q (Interposing) So you want to flip that.
3 A Right.
4 THE WITNESS: Did you write anything
5 else, Norman, that we talked about?
6 MR. BESMAN: Yes, but I can't really
7 talk much at this point.
8 THE WITNESS: Okay.
9 MR. BESMAN: If you indicate to her that
10 there's some other issues that you and I have
11 discussed, that is adequate.
12 THE WITNESS: Yeah.
13
II
14 A And down on line 13, "Thanksgiving shall be defined as
15 beginning at 6:00 p.m. Wednesday," I think that should
16 just be school.
17 (by Ms. Torgerson) The end of school, after school?
Q
18 A Yeah. But these things we're going to do anyway, you
19 know what I mean, because they're convenient.
20 What about the suggestion, another thing in comparing
Q
21 what the Temporary Parenting Plan is compared to this
22 Proposal, the Monday holidays such as Martin Luther
23 King Day, Presidents Day, would you prefer that those
24 just follow whoever has that weekend?
25 A Oh. I'd have to look at the schedule to find out if

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it always turns out to be not me.
2 Q Okay. Fair enough.
3 A If it's me, sure.
4 Q We talked about ...
5 A There is one thing about that that you could put in
6 notation though is that we have Monday evening at
7 8:00 p.m. on line 16 of page 4, I think that that
8 might as well go into the Tuesday morning ...
9 Q Transfer?
10 A Yeah. That way if you go away on a vacation you don't
11 have to be back at 8:00 p.m. for some sort of pass the
12 child for two hours to go to sleep, you know.
13 Q So that person would ensure that the child got to
14 school --
15 A (Interposing) Exactly.
16 Q (Continuing) -- Tuesday morning?
17 A That seems to be easier.
18 And in the following line 19 I think it's written
19 again 8:00 p.m. in the evening. So those are there.
20 Q We talked a little bit about transportation
21 arrangements regarding how the child would be
22 transferred between your house and Stephanie's house
23 and in the Proposal it indicates that the child will
24 be exchanged via school bus transportation whenever
25 possible. You have indicated that you have no

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objection to that. Correct?
2 A I have no objection to that and I have no objection to
3 I want to develop a relationship with Stephanie that
4 will make it easy for Samantha, you know, so I have no
5 objection to coming and picking her up or dropping her
6 off. She seems to have a problem with communicating.
7 Q In paragraph 3.12 it designates you as the primary
8 parent. I presume you are in agreement with that.
9 A Yeah.
10 Q In paragraph 3.13, which is entitled "Other," we've
11 included a provision that "Both parties are restrained
12 from consuming alcohol within 24 hours of any
13 residential time." Do you have any objection to that?
14 A If I could really think it would happen while she's at
15 the other house, no.
16 Q Do you have any evidence that Stephanie is consuming
17 alcohol?
18 A Since she got out of treatment, you know, I have
19 multiple people letting me know that she's still
20 drinking, whether it's to excess.
21 Q (Interposing) And what people are those?
22 A Well, David Sellers.
23 Q Who is he?
24 A He's a neighbor.
25 Q Who else?

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A And I'm sure Kim Sellers drinks with Stephanie, his
2 wife.
3 And Maureen Jones, Jamieson's mother, has
4 retrieved a commuter mug that was left at the house
5 that was hers and put it in her car and all of a
6 sudden found it full of wine.
7 Q When was that?
8 A It was a ways back. But since she's been out of
9 treatment --
10 Q (Interposing) That was prior to her successfully
11 completing treatment?
12 A No. No, all this is after her successfully completing
13 treatment.
14 Q Are you aware that she successfully completed
15 treatment?
16 A I'm aware that she -- it's hard to -- she probably
17 fulfilled what the Court requested and didn't -- let's
18 see, I'm aware that she fulfilled what the Court
19 requested in reference to that. I'm not sure that she
20 stopped drinking entirely as a result of that
21 treatment.
22 Q Do you know if she's continued with that process?
23 A I don't believe so, I don't know.
24 Q Other than what David Sellers and Maureen Jones are
25 apparently telling you do you have any direct evidence

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• 2

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?

a A I don't know how it works legally, but I would love to


9 have the documented rights in the event that Stephanie

10 falls into pain meds and alcohol again to get Samantha


11 out of there.
12 Q And you don't believe this Parenting Plan would give


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

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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.

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Q Is she current on her immunizations?
2 A I believe so. She has to be to go to school.
3 And has she historically received a flu shot?
Q
4 A No.
5 Does Samantha historically attend a two week YMCA
Q
6 summer camp each year?
7 A She has for the last two summers.
a Q Is that a camp that she chooses from a list of YMCA
9 camps?
10 A Its got the last name Seymour.
II
Q So she goes to the same camp every year?
12
A The last two years.
13 In the last two years?
Q Okay.
14 I don't know whether that means every year. She
A
15
enjoyed it, it seemed great.
16 So do you have any objection to her continuing that?
Q
17
A I don't. I'm not sure, depending on the outcome here,
18
how much I can help financially with it, you know, or
19
whether I'd rather put my financial effort toward
20
Sammie's -- Sammie is what we call her -- other
21
endeavors that she does with me. She goes to a couple
22
large fairs and has performed in front of 3,000
23
people.
24
Q Other than what we have discussed here, and I
25
recognize that we have not gone through paragraph by

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paragraph, but --
2 A (Interposing) Here's a flag that is important to me.
3 One page 6, "Both parties are restricted from
4 possessing and using illegal drugs at the time
5 allowing the third parties to do so in the presence of
6 a minor child." I understand that Steve Peters who
7
lives with -- who was also not referred to as other
8 people living in the house in the income statement --
9 is a Vietnam sharpshooter and has guns in the house.
10 If he
I very much do not want guns in the house.
11
could keep them in another location. That's a big
12 concern of mine.
13
Q So you would add that to a provision in here?
14
A (Interposing) To illegal drugs, that there will be no
15 firearms in my child's house, locked up or otherwise,
16
you know.
17
Q In terms of paragraph 2.1 and 2.2 of the Parenting
18
Plan, that's on page 2, do you have any objection to
19
there being no restrictions or limitations against
20 Stephanie's residential time in terms of comparing
21
this to the Temporary Parenting Plan?
22 MR. BESMAN: Counsel, I can't be sure he
23
knows exactly what's in the Temporary Parenting Plan
24 and it's not in front of him and I'm going to assume
25 he wouldn't necessarily know what the options that the

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forms normally recite for paragraphs 2.1 and 2.2 would
2 be.
3 MS. TORGERSON: I think that is a fair
4 objection. I will strike the question.
5
II
6 (by Ms. Torgerson) Other than what we have discussed
Q
7 and other than the paragraph 2.1 and 2.2, is there
8 anything else that jumps out at you that you disagree
9 with or have alternative proposals to?
10 (Interposing) I mean like I say I have not read every
A

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

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anything we do for the health of our daughter.
2 I have a large concern about in Jamieson's -- and
3 I don't know, this does sort of pertain to the
4 Jamieson will be leaving off to
Parenting Plan.
5 I have had a very hard time trying to
college.
6 communicate with Stephanie even about whether Samantha
7 is going to meet her here or I'm going to pick her up
8 there, and Jamieson has served as the communicator and
9 Samantha has been put in that position many times and
10 I just wish communication would open up and we could
11 not put Samantha in that situation. It concerns me
12 when Jamieson's leaving that that's not good for
13
Samantha.
14 How do you guys normally communicate?
Q
15 Largely through Jamieson because Stephanie does not
A
16
return my calls and does not -- or she'll have
17
Samantha ask me, which is not okay with me.
18
Q So how would you prefer that you communicate?
19
A Like adults raising a child together who no longer
20 I mean what flags it
want to live together, you know.
21
is decision making and parental obligations, you know,
22
"Parents will make a mutual effort to maintain an open
23
ongoing communication concerning the development
24
needs." I'm doing everything I can to do that and
25 I've tried to even befriend Steve and go: Hey, okay,

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you know, this is the new person in her life; and I
2 just get (gesturing) and it's hard, it's hard to just
3 create a warm environment for the children.
4 You have not had difficulties though in terms of
Q
5 mutually making decisions on behalf of Samantha at
6 this point?
7 I mean Stephanie demands and I either respond or
A Yes.
8 she does what she wants to do anyway unless I take her
9
to court.
10
Q What is an example of that?
11
A The childcare situation, threatening to not give
12
Samantha childcare. The parental support to get on my
13 feet situation, all of a sudden deciding that: I'm not
14 going to pay you any money anymore, I paid it for two
15
and a half months and good luck, you know; and putting
16
me in a situation where I probably should have gone to
17
court and said: I'm getting on my feet here, I've
18
poured myself into the other two kids and soccer and
19
cleaning the house and getting you a big income job
20 and then you fall off the looney land and throw me out
21
the door.
22 But you would agree that she is current in her child
Q
23
support and spousal maintenance obligations?
24
A No.
25 You wouldn't?
Q

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A No. She was court ordered to pay me support to get on
2 my feet and of her own decided not to pay it anymore.
3 Q When did support terminate under the Temporary Order
4 or maintenance?
5 A It hasn't.
6 Q Maintenance did not terminate?
7 A No. She just stopped paying it.
8 Q The Temporary Order did not provide for a termination
9
date?
10
A No. And she just paid it for a little bit enough
11
that, you know, I feel like she's done everything to
12
keep me deprived so I can't get on my feet. It
13
doesn't make any sense. She's better off if I get on
14
my feet.
15
Q I guess you would agree though that she is current in
16
her child support.
17
A She is current in her child support having made late
18
payments a couple times after not doing things her way
19
and then all of a sudden made a payment, didn't make a
20
payment, cancelled it from her banking and then later
21
on went: Oh, I better make it or I'll get into
22
trouble.
23
Q And by "later on" when do you mean?
24
A Two weeks, three weeks late after I'm going: Where is
25
the support for Samantha.

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Q But under the Temporary Order of Child Support she's
2 to pay half on the 1st and half on the 15th, so was
3 she late under that?
4 A She's been paying me the first of the month. Well,
5 no, under -- well, she was supposed to pay half which
6 would be the child support and half which would be the
7 spousal maintenance.
B
Q No, under the Temporary Order of Child Support she was
9
to pay half of the total child support amount --
10 (Interposing) And half of the total maintenance
A
11
amount.
12
Q And I would have to look at when that was due.
13 (Interposing) I believe that was so it would be 750
A
14
every two weeks rather than 1500 in one chunk.
15
Q Does she typically pay --
16
MR. BESMAN: (Interposing) For
17
clarification purposes: Have you and she dealt with
18
the issue of any daycare expenses that you have
19
incurred for work purposes?
20
THE WITNESS: The thought of asking her
21
for daycare expenses on a regular basis is going to
22
create constant contention.
23
MR. BESMAN: Well, no, let's just work
24
it backwards then. Do you have any claim or are you
25
making any claim that she owes you for daycare

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expenses you have already incurred?
2 THE WITNESS: Sure. I mean I don't know
3 what to say there. They're not that big at this point
4 in time, you know what I mean, last month was $120 I
5 think I put as the cost of daycare. But see that's so
6 dependent on ...
7
II
8 (by Ms. Torgerson) How much total daycare have you
Q
9
incurred?
10
A A lot of it was with a friend of hers that was just:
11
Here, here's 10, 15 bucks in cash, you know. On
12 bills, on billable we're talking a couple hundred
13
dollars since Dorothy where I have receipts to show.
14
You know the rest was just: Hey, can you cover Sammie
15
this morning, I'll throw you ten dollars, you know
16
what I mean, and get her on the bus.
17
Q (Interposing) And so a couple hundred dollars with
18
Dorothy?
19
A Yeah, something like that.
20
Q And are you paid in full with Dorothy?
21
A Yes, paid in full.
22
Q You said that Stephanie typically paid child support
23
through an automatic deposit or automatic payment?
24
A Yeah, automatic check comes to me.
25
I did inform her that it wasn't okay with me for

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her to discontinue, you know, spousal maintenance that
2 early and she said: Take me to court.
3 Q What do you think your gross monthly income should be
4 for purposes of child support?
5 A You know given that I'm starting to get my income
6 together, I don't know. There's a number that
7 magically stuck out here, it was like 680-something or
8 another, but call it 650.
9 Q That's the transfer payment you want?
10 A What's that?
11 Q What income should we use for your income for purposes
12 of calculating child support?


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?

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• 2

3
A

A
Oh, no. No.

What income level?

I would say somewhere I mean when you factor in


4 summer and you factor in the Performing Art Center
5 going dark, you know, for a month and a half, they're
6 going to have a month and a half off, so these things
7 have to be spread out. I would say somewhere in the
8 realm -- and if you look at it you can see there was a
9 month there where it was 15, you know what I mean,
10 that I ended up making with both jobs, you know
11 vacation comes in and also I lose a week of pay that
12 month. So I would kind of like throw it out there as,


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

24 don't want it to be completely imbalanced, you know.


25 Q But in terms of her income.

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A Her alone?
2 Q Her alone income.
3 A I have no idea what her alone income is.
4 Q Do you agree that Stephanie also supports other
5 children other than Samantha?
6 A Along with Maureen Jones, yes, and myself on a
7 birthday presents, take you here.
8 Q Do you ever give Jamieson or Tara money since you
9 separated?
10 A Well, I bought Tara coffee, you know there's some
11 expenses at school. When I'm at Bothell High School I
12 might take her out to coffee, "Hey, let's get together


13 at lunch."
14 Q Do you agree that Stephanie does provide medical
15 insurance for Samantha?
16 A Yes.

17 Q Do you agree that Stephanie should receive a credit


18 for the portion of Samantha's monthly medical
19 insurance premium?

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

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have those figures in my mind. You have it written
2 there, don't you?
3 Q We have indicated it was 156. Have you calculated it
4 yourself to make sure that that's the accurate number?
5 A I have not at this point. At one point I did
6 calculate it when I was thinking about changing the
7 schedule, but I don't remember the numbers.
8 Q Do you agree that you and Stephanie should
9 proportionally share -- by "proportionally" I mean
10 your incomes are going to be assigned a certain
11 percentage, I think in our Proposal Stephanie was
12 paying 75 percent and you were paying 25 percent -- so
13


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

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support as a general payment so it just becomes an
2 ended issue that helps to cover it. You understand
3 what I mean?
4 And I would also prefer that during the summer
5 when Samantha's with me five days a week all day long
6 instead of being at school or you know during the
7 school day when she is no longer at school, pertaining
8 our schedules, that there be some accommodation built
9 into the whole thing for the fact that I'm with her
10 taking care of her where otherwise she would be in
11 daycare somewhere. You follow what I'm saying?
12 I understand what you're saying.
Q
13


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

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why instead of it being 341 we should add some to that
2 and end the issue of back and forth every month about
3 what the bill is and here's my check for $3.75 that I
4 send with Samantha. And most of this is for her
5 because she doesn't want to communicate.
6 Well, do you agree with the child support calculation
Q
7 that we proposed for transfer payment of 341?
8 A No, I do not.
9 In terms of other assets I guess
Q
10 A (Interposing) Let me say at this time. I would love
11 to say don't give me a nickel once I get on my feet
12 and go it wasn't about money, guess what, you know.


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.

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Q In your Interrogatories you indicated that those
2 vehicles: The Ford van was worth $5,000 and the Toyota
3 Calica you indicated was worth $500?
4 A If it doesn't blow up tomorrow.
5 Q And both were purchased during the marriage?
6 A Yes.
7 Q Stephanie has a 2005 Honda Elantra?
8 A Yeah.
9 Q And that was purchased post separation, after you
10 separated?
11 A That was purchased when she should have been driving
12 a car that had an interlock device in it so she didn't
13 have to deal with that.
14 Q So my question was when was it purchased?
15 A Before we split up, before the separation, probably
16 three months. Not enough to say I have some interest
17 in it.
18 Q So you would agree that should be awarded to her as
19 her separate property?
20 A Sure.
21
What? Go ahead. No, wait a minute, I'm not
22 sure.
23
MR. BESMAN: It's okay, we will deal
24 with it later.
25 THE WITNESS: Okay.

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A Yeah, it's other things that I feel should not be
2 awarded her.
3 Q (by Ms. Torgerson) Do you agree that you don't have
4 any interest in that Honda Elantra?
5 A Not at this point in time.
6 Q You had indicated in your Interrogatory Answers that
7 you have a business or had a business?
8 A Oh, yeah.
9 Q Northern Star Enterprizes?
10 A Northern Star Enterprizes, spelled with a "Z".
11 Q What is that about?
12 That's to legitimize entertainment and try to make it
A
13 all legitimate. And it's also about I have a product
14 called Fresh Point of View that is 121 words like
15 trust or integrity or confidence that I wanted to
16 develop to encourage a good attitude in people.
17 Have you filed a 2006 tax return?
Q
18 I filed a business excise whatever it
A I did not.
19 is, the business license return, I filed that one. I
20 have not filed a federal income tax return.
21 It says a sole proprietorship?
Q
22
A Yes.
23 But you have not filed a personal return for '06?
Q
24 No, I have not.
A
25 Is there any value to Northern Star Enterprizes?
Q

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A Only if I get a gig.
2 Did you have any other businesses during your
Q
3
marriage?
4
A No, I did not.
5 Also in our Proposal we had proposed that Stephanie's
Q
6 40l(k) Plan, the community portion defined as the date
7 of marriage through the date of separation, date of
8 marriage being July 1998, be divided 50/50.
9 and it doesn't really
A I would say that the date
10 make a lot of difference because she wasn't getting
11 that 40l(k) -- but I would say the date really should
12 be the date that we had our marriage ceremony that we
13
honor as the date of our community assets.
14
Q Do you recall when she started with Intermec?
15
A It was shortly after that that we filed, you know.
16
Q Shortly after ...
17
A After she started that we filed our wedding license.
18
Q So she started just shortly before July of 1998?
19
A Right.
20
Q So any interest that she has in that retirement plan
21
prior to your legal date of marriage is very minimal?
22
A Yeah. But I wish to acknowledge our wedding as being
23
respected due to the fact that we had 200 people
24
together and got married as the day of our marriage
25
rather than the filing date that we did paperwork. So

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• 2

3 Q
I would prefer to say that, if that's easy, you know,
just because.

Other than the date we are going to use for division


4 of those assets, do you have any disagreement with
5 that proposal?
6 A Of the half of the 40l(k)?
7 Q Yes, 50 percent of the community portion of that?
8 A (Interposing) That depends on how we deal with the
9 house issue.
10 Q And I will get to that.
11 A Yes.
12 Q But in terms of personal property, do you agree that
13 each of you should keep what personal property -- such
14 as furniture, things like that -- that are in your
15 possession or are there items in her possession that
16 you wish to have?
17 A I'm not sure. I think she's probably thrown them all
18 away. I cannot think of anything right off. I will
19
have to think about that one, but I do not believe so
20 at this time.
21 Q Then in terms of debts, actually you agree that any
22
property acquired after your separation would be your
23
own property and vice versa?
24 A Yes.
25 Q In terms of debts, you would agree that any debts

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incurred after separation would be your own?
2
A No.
3
Q In what respect?
4 In the respect that she came back after a month of
A
5 being absent at the house and had me pulled out of the
6 house away from Samantha by making false allegations
7 against me that required me not to take any chances
8 and get a lawyer and I believe that debt belongs to
9
her not me.
10 And that's in terms of attorney's fees?
Q
11 That's in terms of all the money paid to Norman to
A
12
defend myself against her found to be false
13
allegations by the court.
14
Q So that would be limited to the Domestic Violence
15
allegation?
16
A Not limited to the Domestic Violence, no. I believe
17
that our lack of ability to communicate and settle
18
this thing as two adults and the money we're spending
19
right now is a function of her lack of ability to
20
communicate and that that should also be her
21
responsibility or we could act as adults and say: Hey,
22
let's be reasonable.
23
Q Have you made any settlement offers in attempts to
24
resolve this?
25
A I've made multiple attempts to say: How can we get

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together and do this without giving all of our money
2 away that Jamieson could use to college.
3 So have you made any formal settlement offers?
Q
4 I've asked her to tell me
A I have not made any formal.
5 what, I've asked her to make me an offer.
6
Q And she has.
7
A Now she has.
8 How much have you spent in terms of attorney's fees?
Q
9 in total?
A I spent initially 3,000
10
Boy, Norm, you have any idea?
II
I spent initially $5,000 and then on top of that
12
because of lack of the spousal support I did not have
13
the income to pay it off and so there was interest
14
that has accumulated on that and I would throw it at a
15
ballpark of by the time we're done here ten thousand,
16
twelve thousand dollars, you know, which getting on my
17
feet doesn't work. I try to be nice and get run over.
18
Q And you would agree that Stephanie has incurred
19
attorney's fees as well. Is that correct?
20
A Yes.
21
Q In terms of the debts that you listed in your
22
Interrogatories, were any of those debts incurred
23
prior to separation?
24
A In my Interrogatories?
25
Q Yes. The debts listed?

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A Oh, yeah. I mean I wrote it in here.
2
Q So the Chase card
3
A (Interposing) I originally had --
4 MR. BESMAN: (Interposing) Counsel, this
5
is in response to which Interrogatory?
6 MS. TORGERSON: This would be
7
Schedule K. We are looking at Schedule K of
8
Mr. Fisher's Interrogatory Answers.
9
II
10
Q (by Ms. Torgerson) You indicated that the Chase credit
11 card, number ending 5951, had an approximate balance
12
of $5,000 at separation.
13
A Right. No. No, not at separation -- well, yeah, I
14
guess it did because I had to pay Norman $3,000 to
15
obtain him and pay another $2,000 in getting the thing
16
settled.
17
Q So what was the balance at the time that --
18
A (Interposing) I don't have an exact number.
19
Q Okay. You don't have any statement showing what the
20
balance was?
21
A At that exact time, no. I mean it was right around
22
$5,000.
23
Q You indicated in your Petition for Dissolution of
24
Marriage that you and Stephanie separated
25
September 12, 2005.

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A Okay.
2 So do you recall what the balance of that Chase credit
Q
3 card was on September 12, 2005?
4 A I do not. I would say round about five -- I maxed two
5 cards for $2500, so that adds up to $5,000.
6 Q What was the $5,000, what was that used for?
7 A Attorney's fees to get my daughter, to be able to see
8 my daughter after being ...
9 But that was after separation, after
Q
10 September 12, 2005.
II Okay, wait a minute. Okay. Sorry. You're saying
A
12 after our separation.
13 As of September 12, 2005, what was the balance of that
Q
14 card?
IS It was they were maxed at $5,000.
A

16 Q So when did you incur attorney's fees on that card?


17 When I maxed -- before they -- I'm a little confused
A
18
here. I spent $5,000 to get to the point of that
19
separation, so at the point of separation there was
20 $5,000 in attorney's fees on that card.
21
Q So this card, the Chase card 5951, the balance
22 (Interposing) There was actually two cards. There's
A
23
two cards. The other one is zeroed out. Both of
24
those are basically zeroed out and have been shifted
25
over to another card to get zero percent and now are

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• 2

3
Q
sitting with -- what did I say, transferred to ...

Right. But I'm looking at what it was at separation

that was on the Chase card.


4
A Right.
5 And what I am trying to figure out is you say the
Q
6 balance at separation according to your
7 Interrogatories was that it was $5,000, and correct me
8 if I'm wrong but I believe your testimony is that that
9
$5,000 was Mr. Besman's retainer.
10 No, $3,000 was his retainer and the other $2,000 was
A
11 in addition to that because we had used up the $3,000
12
in you know like in court, him coming to court. We
13
went over the $3,000.
14
Q But the $5,000 that you indicate on this worksheet --
15
A (Interposing) Was all legal fees.
16
Q (Continuing) -- was all legal fees.
17
A There you go, yeah.
18
Q Do you recall when you retained Mr. Besman?
19
A I'm trying to think when Stephanie -- I do not recall
20
the actual date. It was when Stephanie first filed
21
papers and told me I couldn't be within a mile of
22
Samantha.
23
Q You retained Mr. Besman after you were served with the
24
Domestic Violence action?
25
A Yes.

87

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258-2703
Q Other than legal fees you had no debts at the time you
2
separated?
3
A No.
4 Do you know if Stephanie had debts at the time of
Q
5
separation?
6 She had been gone for a month and had taken a credit
A
7 card that had about $800 on i t and in that month of
8 traveling in her car that she had purchased, that
9
Steve helped her purchase that didn't have the
10 interlock device, she went and ran a credit card that
11
was -- I had been basically in charge of all the
12
finances in our house and making sure we could get to
13
a point where we could buy a house, fixing her credit
14
because her credit was what we could lean on -- so
15
anyway, she took the credit card and somehow I believe
16
it was good for $6,000 and somehow ran it up to $9,000
17
in the time she was away. So that's the only debt
18
that I know that she had outstanding, other than
19
mortgage, you know, paying.
20
Q You would agree that there are no debts in both of
21
your names or are you aware of any debts that are in
22
both of your names?
23
A I'm trying to think if I am. I think I need to think
24
about that one. Are there any debts in both our
25
names. We don't hold anything together. Oh, the

88

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 96201
TELEPHONE (4251 258·2703
mortgage. No. Well, the mortgage -- no, it's not in
2 -- I need to make sure I'm speaking the right language
3 before I respond to that.
4 Okay. You don't know of any credit card debts that
Q
5 are in both of your names?
6 I do not, credit cards.
A
7 There is a home located on Winesap Lane?
Q
8
A Yes.
9 What is the address of that home?
Q
10 19514 Winesap Lane, Bothell, Washington 98012.
A
11 When was that home purchased?
Q
12
A That home was purchased in I want to say the spring of
13
2000. I believe the spring of 2000.
14
Q Would it refresh your memory --
15
A (Interposing) Yeah, refresh my memory.
16
Q Is it correct that the home was purchased August 1 of
17
2001?
18
A Okay.
19
Q Does that refresh --
20
A (Interposing) I believe that is, okay.
21
Q Do you recall what the purchase price of the home was?
22
A Yeah, 187.9, we did great. Oh, no, 189.9.
23
Q One eighty-nine nine hundred?
24
A Right.
25
Samantha and I scoured every house in Northshore

89

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258-2703
to find that deal.
2 Q Do you recall what the down payment was?
3 A I think that we got 20 percent which was part of a
4 house that Stephanie settled with Reenee, I believe we
5 didn't have to get -- something makes me think 20, 25.
6 Q And Stephanie had owned a home prior to that?
7 A Yes, she did.
8 And who did she own that home with
Q
9 A With Maureen Jones.
10 Q And that was her partner?
II
A That was her partner.
12 And in their breakup she was given some funds from
Q
13 that home?
14 A Yeah, a lot of those funds went toward surviving our
15 car accident.
16 Q How much did she get from that home or from her
17
breakup?
18
A I do not know.
19
Q Do you have a ball park figure?
20
A From their breakup.
21
Q I mean in terms of the house that they had together?
22
A I really don't. I'm guessing somewhere around maybe
23
as much as $20,000, I do not know.
24
Q It's your recollection that the down payment for the
25
purchase of the Winesap Lane house came from her funds

90

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258-2703
from Maureen?
2 A Yes. Right.
3 Q And your name never appeared on the Deed to the
4 Winesap Lane property?
5 A Yeah, my understanding was because of my lack of
6 credit history in order to get the loan we wanted I
7 needed to be excluded from the Deed because I had no
8 credit history and that Stephanie said as soon as we
9 get the house we can quit claim -- as soon as we get
10 the loan we can quit claim you onto the Deed.
II Did that occur?
Q
12 A No, we never, didn't expect it to be necessary.


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

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE {425) 258-:2703
the loan and was handed many papers, you know, that
2 were ...
3 Q The Quit Claim Deed indicates that the purpose of it
4 was to establish separate property.
5 A Right.
6 Q And does it also indicate that it is quit claimed to
7 "Stephanie J. Seymour, married as her separate
8 estate"?
9 A It was misrepresented to me when I signed it.
10 Q You never signed another Quit Claim Deed though to
11 transfer it back or put it in both of your names?
12 A (Interposing) No, I was told that I had to be not on
13 the loan information.
14 Q Who told you that?
15 A Stephanie.
16 And this is probably something her mother said to
17 run by me so that she would have total possession of
18 the house or something. Said: You have to sign this
19 so that we can buy the house because they won't accept
20 your credit, they won't give us the loan because of
21 your lack of credit history.
22 The loan was refinanced after it was initially
Q
23 purchased. Correct?
24 A Not when I was there.
25 Q It wasn't?

92

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258-2703
A No. It was sold to another loan person, it never got
2 -- no. No, we didn't want to refinance it because we
3 had a great deal on it.
4 Do you recall that a home equity loan was taken out on
Q
5
the property to pay off community debts?
6
A No, I do not.
7 Do you recall what those community debts were that
Q
8
were paid?
9
A No, I do not.
10 Are you aware of whether the mortgage has actually
Q
II
increased since it was purchased in 2001?
12
A No, I am not. Wow.
13
Q Have you ever paid the mortgage from your separate
14
banking account?
15
A All funds that I got at that point in time were put
16
into Stephanie's account and I basically did all of
17
our banking, you know, through that account, through
18
her account.
19
Q So that's different from your earlier testimony that
20
you didn't always deposit money into her account.
21
A Well, this was like the last couple years I believe is
22
when I got my own separate account. It was like way
23
late in the relationship when she was going: You
24
should establish some credit.
25
Q Well, you said it was a couple years before your

93

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258-2703
separation.
2 Right.
A
3 And this was August of 2001, you separated about four
Q
4 years later.
5 I'm sorry.
A
6 So this isn't long before your separation.
Q
7
A This is when we bought the house.
8
Q Right.
9
A Right. So, yeah, I would take money out of my account
10
to pay bills the same as taking money out of her
II
account. If it was in my account, I would pay the
12 electric bill or the power bill out of my account or
13 It did not all came out of her
out of her account.
14
account to pay all of the bills. The mortgage,
15
usually we used her account to pay the mortgage.
16
Q Do you recall what the mortgage payment was?
17
A It was like fourteen something, fourteen eighty-three
18
sticks out as some sort of a number, you know,
19
somewhere around there and this is only by memory.
20
Q Since '01 through September of 2005 your income was
21
limited to your entertainment.
22
A Right. I basically dedicated myself to raising all of
23
the children and helping to support Stephanie in her
24
endeavor to increase her income. I did not have time
25
to market entertainment raising a baby and doing

94

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 259-2703
soccer runs and vacuuming. I became Mr. Mom before I
2 knew it and there was a lot there that needed energy.
3 Do you agree that the house is her separate property?
Q
4
A No, I do not.
5 Do you believe that you're entitled to --
Q
6 (Interposing) Yes, I do.
A
7 (Continuing) -- some sort of interest in the house?
Q
8
A Yes, I do.
9
Q And what interest would that be?
10
A I would say it is 50 percent of the equity in the
11
house. You know I re-roofed. I took that house from
12
a pit and poured sweat into it to make i t liveable so
13
that we could get a really good deal on a fixer-upper.
14
I re-tiled the bathroom. I rewired the house. I put
15
skylights in the house when the roofing was done. I
16
added insulation to the house. I put posts underneath
17
to repair the floor, you know. I did major work to
18
that house to make it better and took care of all of
19
our children and feel as though it is reasonable to
20
say that the amount of time that she spent working and
21
the amount of time I spent taking care of the needs of
22
our family is an equitable, is 50/50, if not more.
23
Q In terms of the improvements made to the home did
24
Stephanie pay for those improvements?
25
A No. Pay me?

95

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258·2703
Q Pay for the materials?
2 A There again that came out of wherever moneys were
3 available, sometimes I would pay for it out of my own
4 stuff and sometimes it would come out of the other
5 account. I basically dealt with all the money issues
6 and I tried to keep my account above $500 so that it
7 looked like a little thing that built credit, you know
8 what I mean.
9 Do you have any indication or evidence as to what the
Q
10
increase in value to the home was just as a result of
11
the improvements made?
12 Wow, from day one? I can't say it, but we came into a
A

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

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258-2703
• 2

3
Q

A
(by Ms. Torgerson) Do you have any opinion as to what

the fair market value of the house is today?

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

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE, SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE {425) 258-2703
A Oh, you mean gone and had someone appraise the
2
property?
3
Q Right.
4
A No, I have not.
5 Do you intend to request spousal maintenance at trial?
Q
6 If these legal bills get taken care of, I think I'm on
A
7 my feet enough not to request any spousal maintenance.
8 If not, I'll need to get out of the debt she created
9
for me.
10 MS. TORGERSON: I think that's it.
11 THE WITNESS: Awesome.
12 MR. BESMAN: I have no inquiry of
13
Mr. Fisher at this time. I will wait until trial if
14
necessary, settlement more hopefully.
15
MS. TORGERSON: Thank you, Paul.
16
(DEPOSITION UPON ORAL
17
EXAMINATION CONCLUDED
18
AT 3:25 P.M. ON
19
MAY 2, 2008)
20

21

22

23

24

25

98

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT, WASHINGTON 98201
TELEPHONE (425) 258·2703
STATE OF WASHINGTON )
SS CERTIFICATE
2
COUNTY OF SNOHOMISH )
3 I, PAUL W. RODE, Certified Court Reporter and Notary
4 Public in and for the State of Washington, do certify:
5 That the Deposition Upon Oral Examination of AMANA
6 MERRITT FISHER was taken stenographically before me and
7
reduced to typewritten form;
8 That all objections made at time of said deposition to
9 my qualifications or the manner of taking the deposition
10 have been noted by me upon said deposition transcript;
11 That I am not a relative or employee or attorney or
12 counsel of any of the parties or attorneys to said action,

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

PAUL W. RODE & ASSOCIATES


CERTIFIED COURT REPORTERS
2722 COLBY AVENUE. SUITE 714
EVERETT. WASHINGTON 98201
TELEPHONE (425) 258·2703
--.-· I
. Pieveot hle:_J1:9 !ft-1D'Oled your Sodal Secmlt;y n
/l ' ..~

Your ~.o-ci~1 Security Statement


Prepared especially for·Amaoa M~ Fisher
I
September 12, 2002

AJ655 I Soo lnsld9 for your


AMANA M. FISHER pernona/ lnfDnnatlon -
19514 WINESAP LN .
BOTiiELL WA 98012'-7023.
11.1;,1.-.1.11...... 11 .. 1.11 ... Ill..... 1.1 ..II ....11.1 ..1..II; I
r.~3Pl.lNDENT EX. NO. . . ~
CciJ.~f
t .• !& fl m h·;;- .£34e r-_ ~
-. r1: :·.1 On_ ,?: - cl - n ...
/ · !\.. 1f:· ROD~, 1;.ti:..::t P~.-:crt:r. ______ . __

~ What Social Security Means to You


:.,. We're sending you this Social Securitg·S~
to Social Security now takes in more in taxes than it
-· '~-..f help you understand what Social Security aieans to pays out in benefits. The excess funds are credited
you and your Qmily. We hope you'll use it in to Social Security's trust funds, which are expected
planning your financial future. Each year, about three to ~ow to over $4 trillion before we n«d to use them
months before your birthday, we'll send you a new to pay benefits. In ?017, we'll l>egin paying more in
Statement showing your updated earnings record benefits than we collect in tlies. By 2041, the trust
--
~
and your potential benefits.
Be sure to read this Statement carefully. If you
funds will be emau¥. and the payroll taxes
collected will be enoUgh to pay only about 73 percent
' .......... - think there may be a mistake, pIease Iet us '--
... ww: of benefits owed. We'll need to resolve long-nnge
- That's important because your benefits will be based financial issues to make sure Social Security will
on our record of your lifetime earnings. Remember, provide a foundation of protection for fuh!re
the future's·in your hands when you read your Social generations as it has done in the past.
'
Securiig Statement. . . . Social S ft;t Oa 1be Nd •••
Sodal Su 11,y fl &ir ~ ~ 11#11"· Be sure to visit www..ssa.gov on the Internet to use
It can help you whether )'liu're ~ old, male or the Benefit Planners to help you plan your financial
female, single or with a family. ll's iliere for you when future; calculate customized estimates of your future
you retire, but it's more than a retirement program. · benefits; apply for retirement benefits; subscribe to
Social Security can provide benefits if you become eNews for up-to-date news about Social Security
disabled and help support your family when you die. prograiiis and benefits; and correct or change your
Wodr to balld a 8eellft lidme... name on yOur SOciaJ S~ c:3rd or get a
Social Security is the largest source of income for a
replacement card by requesting form SS-5. We will
most elderly Americans and plays a major role in continue to add online services to make it as easy and
keeping them out of poverty. But Social Security corm:nient as PoSsible for you to do business with us.
can't do it ali:Soclal Security was not intended to be . ~"' -~.
the sole souree·of income when you retire. You'll 11"'-· ··-...
also need a pension, savings or investments. Think of Jo ~,!~~~
Social Security as a foundation on which to build
your financial future. .. •\ What'• Inside •• _ _ _ _ _ _ _ __
Abra sm.IS. b;fa falme.- . '" ... T Y?Ur Est;imated Benefits ..•. , .... _. ........ 2
··-·-··Changes will be needed· to meet the demands of the tinies. ·
We're living longer and healthier lives, 79 million "baby T Your EamingS Recofll· ••....... ·.•..•..•.. 3
boomers" are approaching retirement, and in about 30 T Some Facts About Social Security ..••...•.• 4
years, there will be nearly twice as many older Americans T lfYou Need More lnfonnation ..•....•..... 4
~ as there are today.
T To Request This Statement In Spanish • . . . . • 4
(Para Solidtar Una Dedizraci6n en Espaflol)

. ,.._.
-·-··-· -·
J.
d
'Illllll lllll lllll lllll lllll llll llll
-~---~~~~~-~--'-".:...:..::.:~~~~~
091202E23AI7286

I
.. TY~!!!_~St~!_~~J1£!!~~g~ f
.. ' . .• . ~ ..
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

Your name ......................... :: ... : . . .. . . . Amana M. Fisher ·.:::a.·i


Your date of birth ........ - .. - .................... December 5, 1956
Your estimated taJable earnings per year after 2002 .............. None
Your Social Security number (only the last four digits
are shown to help preventidentity theft) ............ XXX-XX-9174

2-· . . . . .
. :;: .' ~- .
"

': . -~Help Us K~ep Yt1ar E~s Record Accurate


- .....
You, your employer and Social Security share when )'our Statement was prepared. Your complete
\ responsibility for the accuracy of your earnings record. earnings for last year will be shown on nen ~s
Since you began working. we recorded your reported Statement. Jllota lf you worked for m0re than
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 selr-employment income, we combined
you, if you're self-employed) reported your earnings. your earnings for the year.
Remember, i~s your earnings, not the amount of taxes
you paid or the number of credits you've earmd, that 'l'hern a Hmlt OD ti. IUll01lld/
of eandngl Oil wbkh
detennine your benefit amount When we figure that ,.... Paa Sodal Su:uzil;)i tmm ear:h~. The limit
amount, we base it on your average earnings over your increases yearly. Only the maxiinum t!Jable amount
lifetime. If our records are wrong, you may not receive will appear on your earnings chart. (For ~care
all the benefits ID which you are entitled. taxes, the maximum earnings amount _began rising
'9' Review thla chart card'aQp using your own records in 1991. Since 1994, all of your eamiJ\gs are taud for
to make sure our infonnation is correct and that Medicare.)
we've recorded each year you worked. You're tbe only
person who can look at the earnings chart and know 'Y call m rfi&bl away at l~OO-m-1213.(7 a.m.-7 p.m)
whether it is complete. if any earnings for years before last 1,e11r are shown
Some or all of your earnings from hut year may not incorrectly. If possible, have your W-2 or tax return
be shown on your StatemenJ. It could be that we for those years handy. (If you live outside the U.S.,
were still processing last year's earnings reports follow the directions at the bottom of Page 4.)

Yoar&iidugil Recunl Bl a Clance--------------------------


t Your Taxed YourTued YourTued Your Taxed
Years You Social Security Medicare YeanYou Social Sicwity Medlar•
Worko<I Earning> Earnings · Worked Eu1liJJgs Earnings

1972 $ 130 $· 130 1990. $ 0 $ 0


1973 2,520 2.520 1991 0 0
1974 l,957 1.957 1992 0 0
1975 2,066 2,066 1993 0 0
1976 0 0 1994 0 0
1977 0 0 1995 0 0
1978 0 0 1996 0 0
1979 0 0 1997 0 0
. 1998 0 0
1980 0 0 1999 0 0
1981 0 0 2000 0 0
1982 0 0 2001 Not yet recorded-
1983 0 0
1984 0 0
1985 0 0
1986 0 0
1987 0 0
1988 0 0
1989 0 0

... Totals over your working career:

. ; .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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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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F\LE.0
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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA l.K.M. FISHER.
DECLARATION OF GREG
IO Petitioner, SEYMOUR, MANAGER OF
SEYMOUR FAMILY LLC
II and
12 STEPHANIE .I. SEYMOUR,
13
Respondent
14

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

23 DECLARATION OF ALLYN GREG SEYMOUR, BR EWE LAYMAN


MANAGER OF SEYMOUR FAMILY LLC- I AUurnry• 111 I.a"
A Profusion.al ~nicn Corporation
24
333 COBALT BUILOl/'\G
25 .l~l!'i C:OJ .RY AV•'.:'iUE
P.0 .BOX 488
F.VF.RF.TT, \\'ASHl~GTO~ 'Jll21)6.(Mll8
'l'clrph•nt (42$) 2.sl-5167
26 .,.&C!imllc {425) ?Sl-9055
Fu1111atiuu tu Stcphauie. Per the Ct:rlifical" of Formation, Stephauit: has a one-third (1/3) interest
2
in the Seymour Family LLC.
3 5. The LLC Operating Agreement was never completed and was never signed by
4 any of the members.

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

20 have in the Whidhey Island property.

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

23 DECLARATION OF ALLYN GREG SEYMOUR, BREIYE LAYMAi'i


MANAGER OF SEYMOUR FAMILY LLC- 2 AUornt-) s al Law
,\ Profrnion1I Strvku Corpor11ion
24
333 COBAl.T BUll.DliS'G
25 3~25 COi.DY AVE:\'UE
P.O .llOX 488
F.\'F.:RF.TT. WASlll:'liGTO:"'t~8Z06-04AA
Ttltphon• (.flS) 25l-Sl67
26 •·acslmllt (425) 252-90~5
.. . .

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

occurred. I estimate I am entitled to a reimbursement from the LLC of approximately SI0,000 -


9
S12,000 fortime and materials.
10
I 0. Even without accounting for the reimbursement I am owed from the LLC,
11
Stephanie's interest in the LLC is in the negative. Per the June 4, 2008 appraisal of$240,000.00,
12
Stephanie's one-third interest of the property is $79,200.00. As of the date of trial, the total
13
amount due under the Promissory Note is SS0,929.29. Thus, Stephanie is upside down in the
14
LLC by $1,729.29.
15 'i

16 Executed at ,(e~v-;--, Washirlgion-,t\lis IOth-'day f Junc:2oos.

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

I SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY
2
3
4 In Re the Marriage of:
AMANA I.K.M. FISHER NO. 05-3-02756-0
5
Petitioner,
6 and MOTION TO CONTINUE
7 HEARING DATE
STEPHANIE J. SEYMOUR
8 Respondent.
9
10 Comes now the petitioner, by and through counsel and moves this court for an order
11 resetting the hearing date of June 13, 2008, to a later date to permit the petitioner to pursue
12 obtaining a second appraisal of the Whidbey Island property relevant to this case.
13 This motion is based upon the Declaration of Amana Fisher filed herewith, both as to this
14 motion and in response to the three Seymour declarations previously filed herein.

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

27 ORIGINAL FAX (425) 744-0456


FILED
08 JUN 12 PH ~: 13
I ~/I/IllfIllf~/llfIflllllllllll
II/I/Ill.IfIllCL/IIfIll12912628 SONYA KRASKI
COUNTY CLERK
SNOHOMISH CO. WASH

1 SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY
2
3
4 In Re the Marriage of:
AMANA l.K.M. FISHER NO. 05-3-02756-0
5
Petitioner,
6 and DECLARATION OF
7 AMANA FISHER
STEPHANIE J. SEYMOUR
8 Respondent.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 DECLARATION OF AMANA FISHER NORMANS. BESMAN WSBA #12585
PAGE I 20016 CEDAR VALLEY ROAD, SUITE 106
NSB-FISHER-6111/08 LYNNWOOD WA 98036-6332
26 (425) 672-3410

27 ORIGINAL FAX (425)744--0456


I declare the following to be true and correct, to the best of my knowledge, and subject to
the penalties of perjury of the laws of the State of Washington.

I am Amana Fisher, the petitioner/father/husband in this case. Late yesterday afternoon


my attorney received a set of declarations from Ms. Seymour's attorney. The three declarations
were from Jane Seymour, Allyn Greg Seymour and Stephanie Seymour. No declarations had
been anticipated to be received.

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.

DATED this f 1-:l!aay of June, 2008, at Lynnwood WA

AMANA FISHER
SUPERIOR COURT OF
WASHINGTON
~Jnlt?L ~,d)
SONYA KRASKl
FOR SNOHOMISH COUNTY COUNTY CLERK

AMANA FISHER CAUSE NO.: 05-3-02756-0


(PETITIONER) JUDGE: RONALD L. CASTLEBERRY
AND REPORTER: MICHAEL JAY
STEPHANIE SEYMOUR CLERK: BARB MACDOUGALL
(RESPONDENT) DATE: 6-13-08 @ 9:00 A.M.

THIS MATTER CAME ON FOR: ORAL DECISION


CONTINUED DATE/TIME/CALENDAR AND CONTINUANCE CODE: 7-9-08 @ 1: 00 (JC) /HCNTSTP
HEARING DATE SET/TIME/CALENDAR CODE:

ACTION: HEARING
HEARING STRICKEN/CODE:

PETITIONER APPEARED: YES COUNSEL: NORMAN BESMAN


RESPONDENT APPEARED: YES COUNSEL: REBECCA TORGERSON
GUARDIAN AD LITEM APPEARED: NO

DOCUMENTS FILED:

ORDERS ENTERED:

PROCEEDINGS/COURT' s FINDINGS: PETITIONER'S MOTION FOR CONTINUANCE: GRANTED. THE


CONTINUANCE WILL ALLOW THE PETITIONER THE OPPORTUNITY TO HAVE THE PROPERTY
APPRAISED. IF BY JULY 9, 2008 THE PARTIES HAVE AN AGREEMENT AS TO THE
APPRAISAL, COUNSEL MUST INFORM THE COURT AND AN ORAL DECISION IN THIS MATTER
SHALL BE RENDERED ON JULY 17, 2008 AT 1:00. IF THE PARTIES ARE NOT IN AGREEMENT
AS TO THE APPRAISAL, THE PARTIES AND COUNSEL SHALL APPEAR ON JULY 9, 2008 AT
1:15 P.M. TO SET A DATE FOR PURPOSES OF REOPENING THE TRIAL FOR THE LIMITED
PURPOSES OF DETERMINING THE VALUE OF THE LLC PROPERTY, AS WELL AS TO HEAR ANY
FURTHER ARGUMENT AS TO HOW THAT MAY EFFECT THE PROPOSED DISTRIBUTION OF THE
PROPERTY.

1 MINUTE ENTRY
/
\.
111111111111111111111111111111111111111111111111111111111111 FILED
CL12857193
08 JUL -8 PH 4: 39
SONYA lrnASKI
COUNTY CLERK
.SHOHOHISH CO. WASH

SUPERIOR COURT OF W ASIDNGTON


FOR SNOHOMISH COUNTY
NO. 05-3-02756-0
Amana Merritt Fisher
Petitioner/Plaintiffl:s),
DECLARATION OF:
vs.

Stephanie Jane Seymour Amana M. Fisher re: Pending Issues


Respondent/Defendant(s)

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.

ORIGINAL NORMAN S. BESMAN


DECLARATION OF AMANA FISHER II ATIORNEY AT LAW
20016 CEDAR VALLEY RD STE 106
1LYNNWOOD, WA 98036-6332
\.. -
'
..
\

Page 2

In the vein of an additional issue, previously raised post-trial in Ms. Seymour's


declaration, there is also an amount to be factored into the court's final calculations
relative to Unova (lntermec) Stock (options). There has been a concession by Ms.
Seymour that this addition asset does exist, and at the present time, the only evidence as
to its value would seem to be $559, which I must again reluctantly accept, since there has
been no additional follow-up information provided by Respondent, despite her statement
that she was, as of a month ago, seeking additional information from her employer.

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

DECLARATION OF AMANA FISHER


2008 JUL -9 AH 9: 34
SUPERIOR COURT OF
WASHINGTON
FOR SNOHOMISH COUNTY

AMANA FISHER CAUSE NO.: 05-3-02756-0


(PETITIONER) JUDGE: RONALD L. CASTLEBERRY
AND REPORTER: MICHAEL JAY
STEPHANIE SEYMOUR CLERK: MICHELLE STROHRMANN
(RESPONDENT) DATE: 7-9-08 @ 9:15 AM

THIS MATTER CAME ON FOR: CLARIFICATION HEARING


CONTINUED DATE/TIME/CALENDAR AND CONTINUANCE CODE:
HEARING DATE SET/TIME/CALENDAR CODE:
ACTION:
HEARING STRICKEN/CODE:
PETITIONER APPEARED: NO COUNSEL: NORMAN BESMAN
RESPONDENT APPEARED: NO COUNSEL: SABRINA LAYMAN
GUARDIAN AD LITEM APPEARED: NO

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.

Stephanie Jane Seymour .COUNSEL FOR PETITIONER


Respondent!Defendant(s)

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.

Respectfully submitted this C\._. . . day of July, 2008

NORMANS. BESMAN WSBA# 12585 -_......_


ATTORNEY FOR PETITIONER

ST ATEMENT OF COUNSEL FOR PETITIONER

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

LIST OF EXHIBITS FILED


PAGE 1 of f
CASE NO. 05-3-02756-0
Amana Fisher vs Stephanie Seymour
Norman Besman Rebecca Torgerson
Attorney's Name Attorney's Name
PLTF/PTNR'S EXHIBITS DFDT/RESP'S EXHIBITS
No. Description I A I R I N I WII No. Description I Al RI NI w I
I I I
1 2 page copy, checks x
dated 4-26-08 from Amy
Bader and Associated
Recreation Council dated
4-15-08

2 7 page copy, Aman a x


Fisher - pay stubs for
10-31-07 - 3-31-08

3 1 page copy, 2007 W-2 x


Wage and Tax Statement
for Amana Fisher

4 2 page copy, Schedule x ~For illustrative


"J" for Amana Fisher purposes~

5 5 page copy, statements x


from American Express,
Advanta, Chase and
Citicard

6 1 page copy, History x


Listing dated 5-15-08

7 6 page copy, Temporary x


Order entered 12-12-05

8 1 page copy, Court x


Ordered Payments vs.
Actual Payments Received

9 1 page copy, Payroll x


Check of 4-30-08

Column Totals 9 0 0 0 0 0 0 0
Column Totals

Total No. Pltf/Ptnr's 9 Total No. Dfdt/Resp's 0


Exhibits Filed THIS Page Exhibits Filed THIS Page
CODES: A - Admit tea; R - ReJectec; N = Not Ottered; w = Withdrawn

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

~For illustrative 26 1 page copy, x


purposes~ Fisher/Seymour
Dissolution Asset/Debt
worksheet

27 1 page copy, Intermec x


pay stub for Stephanie
Seymour dated 4-24-08

28 4 page copy, Social x


Security Statement for
Stephanie Seymour dated
8-25-05

29 6 page original, x
Financial Declaration
of Respondent dated
5-14-08

30 3 page copy, Social x


Security Statement for
Amana Fisher dated
9-12-02
~For illustrative 31 8 page original, x
purposes~ Residential Schedule
Credit Using Formula

32 7 page original, x
Mother's Proposed Final
Order of Child Support

33 1 page copy, Real x


Estate Excise Tax
Affidavit

34 1 page copy, check to x


Jane Seymour Trust
Account dated 3-22-1996

Column Totals
0 0 0 0 Column Totals c 0 0 0

Total No. Pltf/Ptnr's 0 Total No. Dfdt/Resp's 10


Exhibits Filed THIS Page Exhibits Filed THIS Page
CODES: A = Admitted· R = Re J ectec· N = Not Offered· w = Withdrawn
LIST OF EXHIBITS FILED
PAGE 3 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 w I No. I Description I A I RINI w I
35 2 page copy, Snohomish x
County Real Property
Information

36 1 page copy, real x


estate flyer for
Winesap Lane, Bothell

37 1 page copy, x
Addendum/Amendment to
Purchase and Sale
Agreement dated 6-29-01

38 1 page copy, Quit Claim x


Deed dated 7-27-01

39 2 page copy, Statutory x


Warranty Deed dated
7-26-01

40 Multiple page copy, x


Deed of Trust

41 1 page original, x
Citimortgage statement
due date 5-1-08

42 3 page copy, BECU x


statement for the
period 9-8-2005-10-7-05

43 4 page copy, BECU x


statement for the
period 1-6-07 - 2-2-07

44 3 page copy, BECU x


statement for the
period 4-5-08 - 5-2-08

45 Original Multi-page x
booklet, Intermec 2008
Benefits overview

46 1 page copy, Intermec x


Retirement Savings
Statement for the
period 1-1-08 - 4-30-08

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

LIST OF EXHIBITS FILED


PAGE 4M
CASE NO. 05-3-02756-0
Amana Fisher vs Stephanie Seymour
PLTF/PTNR'S EXHIBITS DFDT/RESP'S EXHIBITS
I No. I Description I A I R I N I WII No· I Description I A I RINI w I
47 7 page copy, Intermec x
Retirement Savings
Statement for the
period 9-8-05 - 9-9-05

48 2 page copy, Kelley x


Blue Book value for
2005 Hyundai Elantra
GLS Hatchback 40

49 3 page copy, Answers to x


Interrogatories to
·Respondent

~For illustrative 50 5 page copy, x


purposes~ Respondent/Wife's
Proposed Exhibit "A"
and "B"

51 4 page copy, letters x


dated 3-28-08, 4-29-08
and 5-14-08 to
Stephanie Seymour for
Professional Services
Rendered thru 3-24-08

0 0 0 0 4 0 1 0
Column Totals Column Totals

Total No. Pltf/Ptnr's 0 Total No. Dfdt/Resp's 4


Exhibits Filed THIS Page Exhibits Filed THIS Page
CODES: A - Aeimi t t eCi; R - Re J ectec ; N - Not Offered; w - Withdrawn
'
TOTAL NO. PLTF/PTNR'S TOTAL NO. DFDT/RESP'S
9 25
EXHIBITS EXHIBITS
TOTAL NUMBER OF EXHIBITS SUBMITTED TO DOCUMENT
34
CONTROL:
TYPE OF HEARING: NoncJury Trial
Judge: I Ronald L. Castleberry Agency IN/A
11111111111111Ill11111111111111111111111111111111111 Ill\ Ill\
CL 13121371


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

10 ORAL OPINION OF THE COURT


11

12 THE HONORABLE RONALD L. CASTLEBERRY


Department No. 1

• 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

• II REPORTED BY: J. MICHAEL JAY, CSR NO. 2982


a,,l
(o3
FISHER V. SEYMOUR 7-17-08

- 01,44,09 1 EVERETT, WASHINGTON, THURSDAY, JULY 17, 2008


01,44,09 2 AFTERNOON SESSION
01:44:08 3 --ooOoo--
01,49,35 4

01,49,35 5 THE COURT: I'm ready to render an oral decision


01,49,40 6 in the matter of Fisher and Seymour, cause No.
01,49,45 7 05-3-02756-0.
01,49,49 8 Obviously the parties are here with their
01,49,53 9 respective attorneys. I've had an opportunity to read
01,49,56 10 over the exhibits that have been admitted into evidence.
01,50,02 11 I have also taken into consideration the supplemental
01,50,06 12 materials that have been received by the court, and at

- 01,50,12 13 this time am prepared to proceed with the entry of the


01:50:17 14 following findings of facts and conclusions of law.
01,50,20 15 In terms of the nature of the case, quite
01,50,24 16 frankly, there's very few disputes. It's just a matter
01,50,29 17 of how the court is going to determine the
01,50,34 18 appropriateness of the division and certain other
01,50,39 19 requests.
01,50,40 20 But in terms of the findings of facts, obviously
01'50,42 21 the parties were married officially July 11, 1998. They
01,50,53 22 were separated on September 12th of the year 2005. The
01,50,56 23 court would find that the marriage is irretrievably
01'50,59 24 broken. They do have one child born of the relationship,

.01,51,04 25 Samantha, and they have agreed to a parenting plan.

ORAL OPINION OF THE COURT


2
FISHER V. SEYMOUR 7-17-08

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

01,52,59 14 the relationship with Ms. Seymour he had no financial


01,53,os 15 assets and/or debts.
01,53,12 16 Ms. Seymour does have a degree from the
01,53,19 17 University of Washington, I believe it's a bachelor of
01,53,22 18 science, and was obtained in 1989. She is presently an
01,53,30 19 engineer program manager at Intermec.
01,53,35 20 She started there in about 2001. She was earning
01,53,41 21 $35,000. She now earns about $100,000. She does have
01,53,49 22 two children of a prior relationship. When they began
01,53,55 23 dating in the early '90s, they did enter into a committed
01,54,09 24 relationship ceremony. In 1995 -- I think I misstated.
e 01,54,30 25 She began her current job at Intermec in October of '97.

ORAL OPINION OF THE COURT


3
FISHER V. SEYMOUR 7-17-08

01,54,39 1 I think I said 2001. It was in 2001 that they purchased


9 a home, which is identified I believe in one of the
01,54,45 2

01,54,55 3 exhibits in terms of the distribution exhibits. It's the


01,55,02 4 home at 1951 Winesap Lane in Bothell.
01,55,11 5 That home was purchased in her individual name.
01,55,20 6 The husband at that point in time quitclaimed any
01,55,24 7 interest that he had in the property. A significant
01,55,33 8 amount of the down payment was her separate proceeds that
01,55,40 9 were as a result of a prior relationship that she had.
01,55,45 10 In addition, she had borrowed some money from her 401(k),
01,55,52 11 and that subsequently has been paid back.
01,55,59 12 The value of the home, there is no disputing the

901,55,05 13 value, and it is as stated on the worksheet provided by


01,55,13 14 counsel at $300,000. The lien is $206,264.74, with a net
01,55,27 15 equity of $93,735.26.
oi,55,32 16 Mr. Fisher indicates that during the purchasing
oi,55,44 17 of the house and thereafter he did major repair work on
01,55,55 18 the home. However, the testimony of Ms. Seymour as well
01,57,05 19 as the exhibits seemed to indicate that in fact some of
01,57,10 20 the major items that were described by Mr. Fisher as
01,57,15 21 being done by him were in fact contracted for with third
01,57,20 22 party contractors. He may have been on site and he may
01,57,25 23 have been the one that was there directing various
01,57,20 24 individuals, but to a large degree the work that he has

901,57,39 25 described was in fact done by third parties.

ORAL OPINION OF THE COURT


4
FISHER V. SEYMOUR 7-17-08

01,57,44 1 In any event, even if the work had been done by


9
01,57,51 2 Mr. Fisher as opposed to having been done by the third
01,57,55 3 parties, there is really no testimony before the court in
01,59,01 4 terms of how that work has affected the current fair
01,59,11 5 market value of the home, nor is it really any different
01,59,19 6 than what one would expect a normal homeowner to do in
oi,59,29 7 terms of the maintenance of the home in terms of the
oi,59,34 8 manual repair that was described.
01,59,37 9 It is certainly not the sort of thing that some
01,59,42 10 ten years later one looks at and says, yes, you should be
oi,59,49 11 compensated on an hourly basis for this type of work, et
oi,59,59 12 cetera, or that type of work somehow changes the
901,59,00 13 character of the home.
oi,59,04 14 The court will find that the home is the separate
01,59,09 15 property of Ms. Seymour.
01,59,20 16 In terms of the asset/debt identification, quite
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
01,59,49 19 Intermec 401(k), that will obviously be divided on a
01,59,57 20 QDRO. Same thing in terms of the FSSP plan, that will be
02,00,02 21 divided on a QDRO.
02,00,os 22 The wife will be entitled to her 2005 Hyundai
02,00,15 23 vehicle. It was purchased shortly before the separation.
02,00,22 24 It presently has a negative value. It will be awarded to
902,00,29 25 her. He will be awarded the two vehicles as is set forth

ORAL OPINION OF THE COURT


5
FISHER V. SEYMOUR 7-17-08

02,00,34 1 on the illustrative exhibit.


9
02,00,35 2 Each party obviously has already received their
02,00,41 3 personal property. There are no community debts to be
02,00,51 4 awarded other than the underlying debts on the family
02,00,56 5 home, which of course will be the sole responsibility of
02,00,59 6 Ms. Seymour and she will hold Mr. Fisher harmless
02,01,05 7 therefrom.
02,01,07 8 There are some requests, and one is in terms that
02,01,n 9 Mr. Fisher has asked the court to award him essentially
02,01,19 10 about $6,000 as back maintenance from the temporary order
02,01,29 11 that was entered in December of 2005. At that time the
02,01,36 12 court had awarded approximately $1,500 in maintenance and
02,01,43 13 child support, equally dividing the child support and
9
02,01,49 14 maintenance factor.
02,01,52 15 About three months after the entry of the order
02,01,56 16 Ms. Seymour quit paying the maintenance portion of the
02,02,05 17 ordered amount and continued to pay the $750. She
02,02,12 18 indicates that it was her recollection that the
02,02,10 19 commissioner at the time of the award had mentioned
02,02,23 20 something that the award would be temporary and that she
02,02,32 21 relied on that and discontinued making the payments.
02,02,37 22 I do note from the record, and I would take
02,02,41 23 judicial notice, that about a month after that her
02,02,46 24 attorney withdrew from the case, she was no longer
902,02,50 25 represented. Since that period of time Mr. Fisher has

ORAL OPINION OF THE COURT


6
FISHER V. SEYMOUR 7-17-08

• 02,02,55 1 accepted the roughly $750 a month payment. He has not


02,03,05 2 made any complaint to the court and/or to Ms. Seymour in
02'03'13 3 terms of a lack of payment, except of course at the time
02,03,19 4 of trial, indicating that the court should now go back
02,03,22 5 and award him the arrearages that he claims to be due.
02,03,35 6 The court will not do that. It does appear to
02,03,39 7 the court that there was no demand for payment, which
02,03,47 8 lends some support to Ms. Seymour's position that in fact
02,03,55 9 it was the understanding of the parties that the
02,04,01 10 maintenance would only last about three months.
02,04,05 11 In addition, it does not appear to be in a
02,04,12 12 position of being, quite frankly, fair to allow someone

.02,04,19 13 to sit on his or her rights of payment, not make a


02,04,29 14 demand, and then come to trial and say, well, now we're
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
02,04,44 17 require arrearages to be paid in terms of the
02,04,51 18 maintenance.
02,04,51 19 In terms of the child support, Ms. Seymour
02,05,04 20 essentially requests of the court that the court give
02,05,00 21 credit for the substantial amount of time that she will
02,05,14 22 be having the child in terms of the day credits, and
02,05,21 23 she's calculated out what it calculates out to.
02,05,29 24 Essentially without the credit, based upon the incomes of
• 02,05,32 25 the parties, a standard calculation would be about $660 a

ORAL OPINION OF THE COURT


7
FISHER V. SEYMOUR 7-17-08

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

02,05,49 3 Now, I recognize that the credit is something


02,05,57 4 that must be acknowledged in terms of the length of time
02,05,02 5 that the child spends with her mother. But I also
02 '06' 11 6 recognize that there is a disparate earning of the
02,05,20 7 parties at this point in time. And although, as I've
02,06,28 8 indicated, I'm not going to require Ms. Seymour to go
02,05,34 9 back and make up the $6,000 that Mr. Fisher claims is
02,05,42 10 owing, it does appear to me based upon the child's needs
02,05,49 11 and based upon his earnings at this point in time, and
02,05,53 12 quite frankly, I can understand Ms. Seymour saying, well,
02,01,02 13 you know, he should go out and get a better job. Well,
9
02,07,04 14 during all of the period of time that she was with him,
02,01,oa 15 during all of the period of time that she dated him, she
02,07,11 16 was perfectly happy to have him have that kind of job. I
02,01,16 17 don't think at this point in time she should now be
02,07,19 18 complaining and saying, well, you know, he should go out
02,01,23 19 and get a better job. That's the person that she chose
02,01,30 20 to have her child with. She knew his personality, she
02,07,39 21 knew what his interests were, and she knew that in terms
02,07,42 22 of the care for her child, she will probably be carrying
02,07,50 23 the laboring oar, and that's probably true for the rest
02,07,54 24 of that child's life, at least in terms of the economic
902,07,59 25 situation.

ORAL OPINION OF THE COURT


8
FISHER V. SEYMOUR 7 -17 -08

9 02,00,02 1 So the court will not give a credit for overnight


02,00,24 2 credits. I'll use the standard calculations based upon
02,09,29 3 their stated income, which is, as I indicated I think
02,09,33 4 from the worksheets that were provided, $661 per month.
02,00,41 5 I might add that there was also a question in
02,09,45 6 terms of the interest in the Seymour LLC. Obviously
02,09,51 7 based upon the materials that have been subsequently
02,09,54 8 submitted to the court, the court will find that is a
02,09,01 9 marital asset that should be awarded to Ms. Seymour and
02,09,03 10 it has no value in terms of the assets.
02,09,00 11 In terms of the request for maintenance,
02,09,16 12 Mr. Fisher does ask the court to award maintenance to
902,09,27 13 him. Obviously, that's based upon what he claims to be
02,09,30 14 his economic need versus her ability to pay. Just as I
02,09,41 15 said that he has made choices to live his life-style
02,09,45 16 doesn't mean that he cannot earn more. In fact, he could
02,09,55 17 earn enough to support his economic need, and therefore,
02,10,02 18 the court will not award maintenance.
02,10,00 19 In terms of the attorney's fees, there is a
02,10,14 20 request for attorney fees, and if I read the exhibit
02,10,20 21 correctly that was submitted, I think the total amount of
02,10,25 22 attorney fees by Mr. Besman would be somewhere in the
02,10,32 23 neighborhood of about $15,000 or so. The court in terms
02,10,41 24 of looking at the attorney fees in this case looks at
902,10,50 25 several things. It looks at what would be reasonably

ORAL OPINION OF THE COURT


9
FISHER V. SEYMOUR 7-17-08

9 02,10,56 1 necessary to prosecute this case, and it also looks on


02,11,10 2 both parties' present abilities to pay.
02' 11, 1 7 3 I've looked at the file in terms of the various
02,11,21 4 issues that were presented throughout the course of the
02,11'24 5 case as well as the issues that were presented at the
02,11,30 6 time of the trial. I've also considered the parties'
02,11,39 7 respective earning abilities and the distribution of the
02,11,46 8 assets.
02,11,47 9 It seems to me, again, not without any sort of
02,11,52 10 mathematical formula, but based upon those general
02,12,00 11 principles, that a reasonable award of attorney fees in
02,12,05 12 this case would be $7,500 in favor of Mr. Fisher, and the
902,12,14 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
02:12:27 15 of unequal distribution. Now, as I've indicated,
02,12,35 16 obviously I've awarded the house at 100 percent to
02,12,40 17 Ms. Seymour. I've awarded the LLC at 100 percent to
02,12,49 18 Ms. Seymour. And I've indicated that, quite frankly, the
02,12,53 19 value of the house was not increased in terms of the fair
02,13,01 20 market value because of any particular labor of
02,13,05 21 Mr. Fisher. But I am not unmindful that throughout the
02,13,12 22 course of the relationship each party contributed their
02,13,23 23 own talents and energies to this marital community. I'm
02,13,30 24 not unmindful that Mr. Fisher had no assets when he came
902,13,35 25 into the marriage. I am not unmindful that Ms. Seymour,

ORAL OPINION OF THE COURT


10
FISHER V. SEYMOUR 7-17-08

• 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
• 02,16,09 25 facts and conclusions of law is that I have the attorneys

ORAL OPINION OF THE COURT


11
FISHER V. SEYMOUR 7 -17 -08

02,16,11 1 prepare those. In this case, Ms. Seymour's counsel will


9 02,16,16 2 prepare them. She will send them to Mr. Fisher's counsel
02,15,19 3 for comment, and then will make a reply. That will be
02,15,25 4 submitted to me without oral argument. Thereafter I will
02,15,35 5 enter the findings of fact and conclusions of law and
02,15,39 6 decree, as well as the parenting plan, and unless I ask
02,15,41 7 for oral argument, none will be had. I'll have my clerk
02,15,44 8 give you a form with the appropriate dates.
02,15,47 9 I will remind Ms. Seymour and Mr. Fisher you are
02,16,51 10 not divorced. You will not be divorced until such time
02,15,55 11 as this paperwork is actually entered. Once the
02,17,05 12 paperwork is entered, then you will be divorced.
13 Until the paperwork is entered, the temporary
9
02,17,09

02,17,12 14 child support remains in effect, and that's the amount of


02,17,14 15 money that will be paid until the final paperwork is
02,17,23 16 done. When the final paperwork is done, obviously then
02,17,25 17 the new child support amounts kick in.
02,17,31 18 Any questions?
02,17,32 19 MS TORGERSON: Your Honor, I have a quick
02,17,34 20 question. Is the court denying Ms. Seymour's request for
02,17,39 21 a full-family deviation?
02,17,41 22 THE COURT: Yes.
02:17:41 23 MS. TORGERSON: Is the court adopting the wife's
02,17,45 24 proposed child support worksheets?
e 02,17,45 25 THE COURT: Yes.

ORAL OPINION OF THE COURT


12
.. .
FISHER V. SEYMOUR 7·17-08

02,17,49 1 MS. TORGERSON: And then I assume, just one last


9 02,17,52 2 question, I assume in terms of the division of the 401(k)
02,17,55 3 and the FSSP plan, that's 50/50 based on the marital
02,18,0l 4 portion?
02,18,0l 5 THE COURT: Yes. Your entire exhibit was adopted
02,19,04 6 by the court.
02,19,04 7 MS. TORGERSON: And the division of marital
02,1a,06 8 portion will be from date of marriage to date of
02,1s,os 9 separation?
02,18,09 10 THE COURT: From formal marriage to date of
02,10,10 11 separation.
02,10,11 12 MS TORGERSON: Okay.
902,10,16 13 MS. BESMAN: I have no questions at this time,
02,19,19 14 Your Honor.
02,19,19 15 THE COURT: All right. Thank you very much.
02,19,21 16 Good luck to both of you.
02,19,23 17 (Proceedings concluded.)
18

19

20

21

22

23

24

25

ORAL OPINION OF THE COURT


13
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I
CL 12570481
SUPERIOR COURT OF WASHINGTON
IN AND FOR SNOHOMISH COUNTY
NO. OS-3 - 0215~ - o
ORDER ON PRESENTATION OF
Petitioner/Plaintiff (s)
CLOSING DOUCMENTS
Vs
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ReSPQdentJDefendant {S) N
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Pursuant to SCLCR 52 (a). rv/SPo(\ {,U/Y\.-'I shall pr<;>vide to t1!~ a~ 0
opposing parties Findings of Fact and Conclusions of Law no later than the 3L day of :i:: ;:;;

-: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

I SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY
2
3
4 AMANA FISHER NO. 05-3-02756-0
Petitioner,
5 PETITIONER'S MARK-UPS TO
and
6 RESPONDENT'S PROPOSED
FINAL ORDERS
7
STEPHANIE SEYMOUR
8 Respondent.
9
Io Petitioner, by and through counsel, hereby submits his mark-ups to the proposed
11 Findings of Fact and Conclusions of Law, Decree of Dissolution and Final Order of Child
12 Support prepared and tendered by counsel for the Respondent.

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

8 Jn re the Marriage of:


No.: 05-3-02756-0
9 AMANA I.K.M. FISI{ER,
FINDINGS OF FACT AND
I0 Petitioner, CONCLUSIONS OF LAW
(FNFCL)
11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14
. I. HEARING
15

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

7 The petitioner is a resident of the State of Washington.

8 2.2. NOTICE TO RESPONDENT.

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.

11 2.3. BASIS OF PERSONAL JURISDICTION OVER THE RESPONDENT.

12 The facts below establish personal jurisdiction over the respondent:

13 The respondent is presently residing in Washington.


The respondent was served within the State of Washington.
14

15 2.4. DATE AND PLACE OF MARRIAGE.

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

333 COBALT BUILDING


25 3525 COLBY A VENUE
P.O .BOX488
EVERETI, WASHINGTON 98206--0488
26 Telepbooe (425) 252-5167
FacsJmlle (425) 252-9055
,.

'

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.

4 2.7. SEPARATION CONTRACT OR PRENUPTIAL AGREEMENT.


5
There is no written separation contract or prenuptial agreement.
6
2.8. PROPERTY.
7
The parties have the following real or personal community property:
.8
• The portion of the Wife's Intermec 40l(k) plan and FSSP plan benefits that were
9 earned during the marriage, from July 11, 1998 (date of marriage) to September 12,
2005 (date of separation). The Court denies the Husband's request to divide these
10 accounts as of the date of the commitment ceremony.

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.

13 • A 1986 Toyota Celica, which is in Husband's possession.

14 • A 1991 Ford Conversion Van, which is in Husband's possession.

15 • Any personal property acquired during the maniage, including, but not limited to,
clothing, jewelry, personal effects, furniture, furnishings, household adornments, and
16 tools

17 The husband has the following real or personal separate property:

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

333 COBALT BUILDING


25 3525 COLBY AVENUE
P.0.BOX488
EVERETI, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055 ·
,

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.

18 The Husband has requested current/future spousal maintenance. ~ntls the-


--Hus1'!1fit!-es1:11f!..eeo:ome-eFH]ll6yet! fulh-timc. Based on the Husband's economic need, the
19 Court finds the Husband could earn enough income to cover his own economic needs.

20 2.11. CONTINUING RESTRAINING ORDER.

21 Does not apply.


22
Fndngs ofFact and Cone! ofLaw (FNFCL) -Page 5 of9
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3)
BREWE LAYMAN
Attorneys at Law
24 A Profenlonal Services Corporation

333 COBALT BUILDING


25 3525 COLBY AVENUE
P.O .BOX488
EVERETI, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
,.

1 2.12 PROTECTION ORDER.

2 Does not apply.

3 2.13. FEES AND COSTS.

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

333 COBALT BUILDING


25 3525 COLBY AVENUE
P.0 .BOX488
EVERETT, WASHINGTON 98206-0~88
26 Telephone (425) 252-5167
Facslmlle (425) 252-9055
There is child in need of support and child support and related financial support should be
6 set pursuant to the Washington State Support Schedule and the Order of Child Support
filed herewith.
7

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.

The parties should be granted a decree of dissolution of marriage.

DISPOSITION.

The distribution of property and liabilities as set forth in the decree is fair and equitable.

PREGNANCY.

Does not apply.

CONTINUJNG RESTRAINING ORDER.

Does not apply.

PROTECTION ORDER.

22 Does not apply.


Fndngs of Fact and Cone/ ofLaw (FNFCL)-Page 7 of9
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3} BIIBWE LAYMAN
Attorneys at Law
A Profenlooal Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX 488
EVERETT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
-----

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.

4 3.8. NAME CHANGE.

5 Does not apply.


6
3.9. SEPARATION CONTRACT.
7
Does not apply.
8
3.10. PROPERTYTOBEAWARDED.
9
The parties' community and separate property should be awarded and divided. as set forth
10 in Exhibit "A" attached hereto and hereby incorporated by this reference.

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,,,--.,..-~--=~~~~~~~~~-

Rebecca Torgerson, WSBA 32956 Norman Besman, WSBA #


16 Attorney for Respondent Attorney for Petitioner

17

18 Stephanie Seymour Amana Fisher


Respondent Petitioner
19

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 ·

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA I.K.M. FISHER,
DECREE OF DISSOLUTION
10 Petitioner,

11 Clerk's action required


and

12 STEPHANIE J. SEYMOUR,
13
Respondent
14

15 I. JUDGMENT/ORDER SUMMARIES

16 1.1 RESTRAINING ORDER SUMMARY:

17 Does not apply.

18 1.2 REAL PROPERTY JUDGMENT SUMMARY:

19 Real Property Judgment Summary is set forth below:

20 I Assessor's property tax parcel or account nwnber: 003 756-000-008-00

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:

[] Does not apply. Jl<l Judgment Summary is set forth below.

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

'?~:' ' ' ' ~ '·u<... ~'i::.:.C~\YL.Sr-:::. T \:\.It:._


J\....~c~f"~\ 5-.'\,\..U,\AJ'._'( L~"-\LIVSS
Q../Z..., \._~~\\L- .~\ ~c.~c}A.R...~\\"
\~'.S ~C.\'\....1\1\LL~ ~\~ k\-\: \f(_~fi::b
\D t'f\'f t\-\~\ \-\.\:,~ ."Sl 11, Soo

\>"\<_"4.Sl;L_, \'iJ -rt\<(_, ~~\e.,\f C3<P


1
II. BASIS
2
Findings of Fact and Conclusions of Law have been entered in this caile.
3
ill.DECREE
4
IT IS DECREED that:

STATUS OF MARRIAGE.

The marriage of the parties is dissolved.

PROPERTY TO BE AWARDED THE HUSBAND.

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.

PROPERTY TO BE AWARDED THE WIFE.

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.

LIABILITIES TO BE PAID BY THE HUSBAND.

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.

LIABILITIES TO BE PAID BY THE WIFE.

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.

HOLD HARMLESS PROVISION.

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 2 of9 BREWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX 488
EVERE1T, WASHINGTON 98206.0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
1 Each party shall indemnify and hold the other party harmless from any collection action
relating to separate or community liabilities set forth above, including reasonable
2 attorney's fees and costs incurred in defending against any attempts to collect an
obligation of the other party.
3
3.7. SPOUSAL MAINTENANCE.
4
Neither party shall be awarded any maintenance.
5
3.8. CONTINUING RESTRAINING ORDER.
6
Does not apply.
7
3.9. PROTECTION ORDER.
8
Does not apply.
9
3.10. JURISDICTION OVER THE CHILDREN.
10
The court has jurisdiction over the children as set forth in the Findings of Fact and
11 Conclusions of Law.

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.

19 3.14. NAME CHANGES.


20
Does not apply.
21
3.15. SEPARATION CONTRACT.
22
Does not apply.
23 Decree (DCD) (DCLGSP) (DCINMG) - Page 3of9 BREWE LAYMAN
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
EVERETT, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
. .

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.

7 DONE IN OPEN COURT this _ _ day of August, 2008.

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

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 4of9 BREWELAYMAN


WPF DR 04.0400 (612006) -RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Profe11lonal SerVlces Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX488
EVERETI, WASHINGTON 98106-0488
Telephone (425) 252--5167
26 Facsimile (425) 252-9055
. ,.

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('(\
- ·

\A\ T\i\i<.. \...~l~Q, \i\Q..,\Z..Q..,11-..\ •. ·

Decree (DCD) (DCLGSP) (DCINMG} - Page 5 o/9 BREWE LAYMAN


WPF DR 04JJ400 (612006) - RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Profeulonal Services Corporation

333 COBALT BUILDING


3525 COLBY AVENUE
P.O .BOX488
EVERE1T, WASHINGTON 98106-0488
Telephone (425) 252-5167
Facsimile (425) 252-9055
. .

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,

3 except as specifically awarded to Husband.

4 D. The 2005 Hyundai Elantra, Washington State License Plate No. 473 UCR

5 and any underlying obligation(s) thereon (awarded as Wife's separate property).


6
E. The residence and real property located at 19514 Winesap Lane, Bothell,
7
Washington, and any liens/encumbrances thereon (awarded as Wife's separate property). The
8
legal description of this property is as follows:
9
LOT 8, ALDERWOOD HOMES, ACCORDING TO THE PLAT THEREOF
10 RECORDED IN VOLUME 19 OF PLATS, PAGE 117, lN SNOHOMISH COUNTY,
W ASHlNGTON.
11
F. Any property acquired since the date of the parties' separation with Wife's
12
separate funds, and except as otherw!se specifically awarded to Husband.
13
G. The one-third (1/3) interest in the entity known as the Seymour Family
14
LLC, along with any property owned by said entity, and any liens/encumbrances associated
15

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:

20 A. All bank/investment accounts and insurance policies (including riders)

21 currently in Husband's name, except as otherwise specifically awarded to Wife. The Husband is
22

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 6 o/9 BREWELAYMAN


WPF DR 04.0400 (612006) -RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Professional 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
...

1 specifically awarded his US Bank checking/savings accounts. There are no joint

2 bank/investment accounts.

3 B. All employment-related benefits in Husband's name, including all rights

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

16 except as otherwise specifically awarded to Wife.

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

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 7 o/9 BREWE LAYMAN


WPF DR 04.0400 (612006) -RCW 26.09.030; .040; .U70 (3) Attorneys at Law
A Profestlonal Serv:lce1 Corporadon
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX488
EVERETI, WASHINGTON 98106-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
1 F. One-half (50%) of the community portion (defined as date of marriage

2 7/1111998 through date of separation 9/12/2005) of the Wife's Intermec 401(k) Plan, to be

3 divided via QDRO prepared by Wife's attorney.

4 G. One-half(50%) of the community portion (defined as date of marriage

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

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 8of9 BREWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Professional Services CorporafloD
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX488
EVERETT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
,.
,.

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.--

13 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
14 obligations incurred by the parties:

15 A. All debts, claims or obligations incurred by the Husband since the date of

16 separation of the parties.

17 B. Debts, encumbrances, liens, claims and mortgages associated with any

18 asset awarded to Husband.


19
c. Any and all debts in Husband's name alone, including but not limited to
20
Citi Card (no. ending 5317), Chase (no. ending 5951), Advanta (no. ending 7227), and American
21
Express (no. ending 81003), which are the Husband's separate/post-separation debts.
22

23 Decree (DCD) (DCLGSP) (DCJNMG) - Page 9 o/9 BREWE LAYMAN


WPP DR 04.0400 (612006) -RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX488
EVERETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
..--------------------- ---

.•

1
UNSIGNED
2
ORDER
3

6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH

8 In re the Marriage of:


. No.: 05-3-02756-0
9 AMANA LK.M. FISHER,
FINAL ORDER OF CHILD SUPPORT
10 Petitioner,

11 CLERK'S ACTION REQUIRED


arid
12 STEPHANIE J. SEYMOUR,
13
Respondent
14

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

19 2.1 TYPE OF PROCEEDING.

20 This order is entered piirsuant to a decree of dissolution, legal separation or a declaration


concerning validity.
21
2.2 CHJLD SUPPORT WORKSHEET.
22

23 Order of Child Support (TMORS, ORS) - Page 1 of7 BREWE LAYMAN


WFF DR 01.0500 Mandatory (712007) -RCW 26.09.175; 26.26.132 Attorneys at Law
A Professional Services Corporation
24
333 COBALT BmLDING
25 3525 COLBY AVENUE
P.0 .BOX488
EVEREIT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
. ..

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. ·

3 IIL FINDINGS AND ORDER

4 IT IS ORDERED that:

5 3.1 CHILD FOR WHOM SUPPORT IS REQUIRED.

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

23 Order a/Child Support (TMORS, ORS) - Page 2 o/7


BREWE LAYMAN
WPF DR 01.0500 A1andatory (712007) -RCW 26.09.175; 26.26.132 Attorneys at Law .
A Profeslion1I Services Corporation
24
I
333 COBALT BUILDING
25 3525 COLBY AVENUE
i P.O .BOX488
EVERETT, WASHINGTON 98206-0488

I
26 Telephone (425) 252-5167
Facsimile (425) 252-9055

L __ _
---------------- - --

... ,•

1 THE OBLIGEE SHALL UPDATE THE INFORMATION REQUIRED BY


PARAGRAPH 3.3 PROMPTLY AFTER ANY CHANGE IN THE INFORMATION.
2 THE DUTY TO UPDATE THE INFORMATION CONTINUES AS LONG AS ANY
MONTHLY SUPPORT REMAINS DUE OR ANY UNPAID SUPPORT DEBT
3 REMAINS DUE UNDER THIS ORDER.

4 Monthly Net Income $2,322.93

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

15 Total monthly transfer amount $661.75

16 THE OBLIGOR PARENT'S PRIVILEGES TO OBTAIN OR MAINTAIN A


LICENSE, CERTIFICATE, REGISTRATION, PERMIT, APPROVAL OR
17 OTHER SIMILAR DOCUMENT ISSUED BY A LICENSING ENTITY .
EVIDENCING ADMISSION TO OR GRANTING AUTHORITY TO ENGAGE IN
18 A PROFESSION, OCCUPATION, BUSINESS, INDUSTRY, RECREATIONAL
PURSUIT, OR THE OPERATION OF A MOTOR VEHICLE, MAY BE DENIED,
19 OR MAY BE SUSPENDED IF THE OBLIGOR PARENT IS NOT IN
COMPLIANCE WITH THIS SUPPORT ORDER AS PROVIDED IN CHAPTER
20 74.20A REVISED CODE OF WASIDNGTON.

21 3.6 STANDARD CALCULATION.

22 $661.75 per month. (See Worksheet line 15.)

23 Order of Child Support (TMORS, ORS) -Page 3 o/7 BREWE LAYMAN


WPF DR 01.0500 Afandato1y (712007) -RCW 26.09.175; 26.26.132 Attorneys at Law
A Profenlonal Servlce1 Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVERE'IT, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
' ,.

I 3.7 REASONS FOR DEVIATION FROM STANDARD CALCULATION.

2 Does not apply. A deviation was not ordered.

3 3.8 REASONS WHY DEVIATION WAS DENIED.

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

10 3.10 INCREMENT ALPA YMENTS.

11 Does not apply.

12 3.11 HOW SUPPORT PAYMENTS SHALL BE MADE.

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.

18 3.12 WAGE WITHHOLDING.

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

23 Order of Child Support (TMORS, ORS) - Page 4 o/7


BREWE LAYMAN
WPF DR 01.0500 Mandntory1 (712007) - RCW 26.09.175; 26.26.132 Attorneys at Law
24 A Professional Services Corporation

333 COBALT BUILDING


25 3525 COLBY AVENUE
P.O .BOX488
EVEREIT, WASHINGTON 98106-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055

L
' ,

1 tmder Cha13. 2Q 1g RClliT I+lH"t be eRtered and support paymeRts HlUz6t e


Support Registry.]
2
'._ll~WJ.1..-<:1<:uuction
or other income withholding action
3 under Chapter 26.18 r Chapter 74.20A RCW, without further notice to the
obligor, is d until a payment is past due, because the parties have reached a written
4 ment-iliat-the-coW'klppreves-that-prevffiss-iJJL<:w.;i!ltc:m;ate..ari:omgei=M,-----"j

5 3.13 TERMINATION OF SUPPORT.

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.

8 3.14 POST SECONDARY EDUCATIONAL SUPPORT.

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.

20 3.16 PERIODIC ADJUSTMENT.

21 c·hild support may be reviewed and adjustment pursuant to Washington State statutes.

22 3.17 INCOME TA.XEXEMJ'TIONS.

23 Orde~ of Child Support (TMORS, ORS) - Page 5 of7


BREWE LAYMAN
WPF DR 01.0500 J.1andatory (712007) -RCW 26.09.175; 26.26.132 Attorneys at Law
A Professional Services Corporation
24
333 COBALT BillLDING
25 3525 COLBY AVENUE
P.O .BOX488
EVEREIT, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
/,'/
I'

.,
' .

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.).

23 Order of Child Support (TMORS, ORS) - Page 6 of 7


IlREWE LAYMAN
WPF DR 01.0500 Mandatory (712007) - RCW 26.09.175; 26.26.132 Attorneys at Law
A Profenlonol Service. Corporation
24
333 COBALT BIDLDING
25 3525 COLBY AVENUE
P.O .BOX488
EVERETT, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
//' ..
• •
..

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.

9 3.20 BACK CHILD SUPPORT.

I0 No back child support is owed at this time:

11 3.21 BACK INTEREST.

12 No back interest is owed at this time.

13 DONE IN OPEN COURT this ___DN:Sil!/V~JS.D

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

333 COBALT BUILDING


25 · 3525 COLBY AVENUE
P.O .BOX 488
EVERETT, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
. " .I

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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA l.K.M. FISHER,
FINAL ORDER OF CHILD SUPPORT
IO Petitioner,

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

19 2.1 TYPE OF PROCEEDING.

20 This order is entered pursuant to a decree of dissolution, legal separation or a declaration


concerning validity.
0:: 21
en
en 2.2 CHILD SUPPORT WORKSHEET.
== 22
23 Order a/Child Support (TMORS, ORS) - Page 1 o/8 BREWE LAYMAN
WPF DR 01.0500 lvfandutory (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

26 ORIGINAL EVERETT, \VASHINGTON 98206-0488


Telephone (425) 252-5167
Facsimile (425) 252-9055
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.

3 III. FINDINGS AND ORDER

4 IT IS ORDERED that:

5 3. I CHILD FOR WHOM SUPPORT IS REQUIRED.

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.

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: 725 E. 5•h Street #5, Arlington WA 98223

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

23 Order a/Child Support (fMORS, ORS) - Page 2 o/8 BREWE LAYMAN


WPF DR 01.0500 Mandatory (712007) - RCW 26.09.175; 26.26.J 32 Attorneys al Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY A VENUE
P.0 .BOX488
EVERETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
THE OBLIGEE SHALL UPDATE THE INFORMATION REQUIRED BY
PARAGRAPH 3.3 PROMPTLY AFTER ANY CHANGE IN THE INFORMATION.
2 THE DUTY TO UPDATE THE INFORMATION CONTINUES AS LONG AS ANY
MONTHLY SUPPORT REMAINS DUE OR ANY UNPAID SUPPORT DEBT
3 REMAINS DUE UNDER THIS ORDER.

4 Monthly Net Income $2,322.93

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

15 Total monthly transfer amount $661.75

16 THE OBLIGOR PARENT'S PRIVILEGES TO OBTAIN OR MAINTAIN A


LICENSE, CERTIFICATE, REGISTRATION, PERMIT, APPROVAL OR
17 OTHER SIMILAR DOCUMENT ISSUED BY A LICENSING ENTITY
EVIDENCING ADMISSION TO OR GRANTING AUTHORITY TO ENGAGE IN
18 A PROFESSION, OCCUPATION, BUSINESS, INDUSTRY, RECREATIONAL
PURSUIT, OR THE OPERATION OF A MOTOR VEHICLE, MAY BE DENIED,
19 OR MAY BE SUSPENDED IF THE OBLIGOR PARENT IS NOT IN
COMPLIANCE WITH THIS SUPPORT ORDER AS PROVIDED IN CHAPTER
20 74.20A REVISED CODE OF WASHINGTON.

21 3.6 STANDARD CALCULATION.

22 $661. 75 per month. (See Worksheet line 15.)

23 Order of Child Support (TMORS, ORS) - Page 3 o/8 BREWE LAYMAN


WPF DR 01.0500 Mandato1y (712007) - RCW 26.09.175; 26.26.132 Attorneys at Law
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3.7 REASONS FOR DEVIATION FROM STANDARD CALCULATION.

2 Does not apply. A deviation was not ordered.

3 3.8 REASONS WHY DEVIATION WAS DENIED.

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

10 3.10 INCREMENTAL PAYMENTS.

11 Does not apply.

12 3.11 HOW SUPPORT PAYMENTS SHALL BE MADE.

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:

16 Washington State Support Registry


P. 0. Box 45868
17 Olympia, WA 98504
Phone: 1-800-922-4306 or
18 1-800-442-543 7

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

23 Order of Child Support (FMORS, ORS) - Page 4 of8 BR EWE LA VMAN


WPF DR 01.0500 Mandatory (712007) - RCW 26.09.175; 26.26.132 Allorncys at Law
A Professional Service5 Corporation
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25 3525 COLBY AVENUE
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Telephone (425) 252-5167
26 Facsimile (425) 252-9055
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
2 other state, without further notice to the obligor parent at any time after entry of this order
unless an alternative provision is made below:
3
(If the court orders immediate wage withholding in a case where Division of Child
4 Support does not provide support enforcement services, a mandatory wage assignment
under Chap. 26. I 8 RCW must be entered and support payments must be made to the
5 Support Registry.]

6 Wage withholding, by notice of payroll deduction or other income withholding action


under Chapter 26.18 RCW or Chapter 74.20A RCW, without further notice to the
7 obligor, is delayed until a payment is past due, because the parties have reached a written
agreement that the court approves that provides for an alternate arrangement.
8
3.13 TERMINATION OF SUPPORT.
9
Support shall be paid until the child reaches the age of 18 or as long as the child
10 remain(s) enrolled in high school, whichever occurs last, except as otherwise provided
below in Paragraph 3.14.
11
3.14 POST SECONDARY EDUCATIONAL SUPPORT.
12
The issue of post-secondary educational support shall be reserved for review, at the
13 request of either parent, provided this right is exercised prior to the termination of the
support as provided in paragraph 3.13, at which time the court shall consider the
14 circumstances and income of both parents and all other circumstances mandated by
Washington State case law and statutes in determining what, if any, orders should enter
15 regarding post-secondary educational support.

16 3.15 PAYMENT FOR EXPENSES NOT INCLUDED IN TRANSFER PAYMENT.

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
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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.

8 3.18 MEDICAL INSURANCE FOR THE CHILD LISTED IN PARAGRAPH 3.1.

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.

23 Order ofChild Support ({MORS, ORS) - Page 6 o/8 BREWE LAYMAN


WFF DR 01.0500 Ma11dat01y (712007) - RCW 26.09.175; 26.26.132 Allorneys at Law
A Professional Sen·iccs Corpontion
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Telephone (425) 252-5167
26 Facsimile (425) 252-9055
3.19 EXTRAORDINARY HEALTH CARE EXPENSES.

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

Norman Besman, WSBA #12585


21 Attorney for Petitioner

22

23 Order ofChild Support (TMORS, ORS) - Page 7 o/8 RR EWE LAYMAN


WPF DR 01.0500 Mandatory (712007) - RCW 26.09.175; 26.26.132 Attorneys at Law
A Pro£essional Servic~ Corporation
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P.O .BOX 488
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Telephone (425) 252-5167
26 Facsimile (425) 252-9055
2
Stephanie Seymour Amana Fisher
3 Respondent Petitioner

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

7 Amana Fisher, Petitioner

IO

Il

12

13

14

15

16

17

18

19

20

21

22

23 Order a/Child Support (FMORS, ORS) - Page 8 o/8 BREWE LAYMAN .


Wl'F DR 01.0500 Mandatory (712007) - RCW 26.09. 175; 26.26. 132 Allorneys al Law
A Profes11ional Sen"icc!'I Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
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EVF.RETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
Washington State Child Support Schedule Worksheets
[X] Proposed by [X] Mother [ ] Father [ ] State of WA [ ] Other . (CSWP)
Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)
Mother: STEPHANIE SEYMOUR Father: AMANA FISHER
County: SNOHOMISH Superior Court/OAH Case No.: 05-3-02756-0

Child Sunnort Order Summary Report


-~'-.Tile_ orde~. [)(] d_Of!§L.l ..<!().f!§_l}()_t_!er>l<i_~~erio_r co11_r:t__or_ac:j_rr:iiriJ§t[<i_tiye__o.r<!e__r _________ _
B. The STANDARD CALCULATION listed on line 15e of the Worksheet for the paying parent is:
$661.75.
C. The TRANSFER AMOUNT ordered by the Court from the Order of Child Support is:
__ .:.._!()beipaJ<!_by[)(Lrn()th_e_~Ll!?th_e__r:,_____ _ _______________ -----·-···---------- _
D. The Court deviated (changed) from the STANDARD CALCULATION for the following reasons:
[ ] Does not apply
[ ] Nonrecurring income [ ] Sources of income and tax planning
[ ] Split custody [X] Residential schedule (including shared custody)
(X] Children from other relationships for whom the parent owes support
[ ] High debt not voluntarily incurred and high expenses for the child(ren)
[ ] Other (please describe):

E. Income for the Father is ( ] imputed [X] actual income.


_ _l_ng()Q'lfl. fp_i:_the fv1ot1:1e_r_i§_LLi.fl:lr>ute_<!_[)(]_actual _iricome. ··---·-· _______ ··------·--------- ·--
F. If applicable: [ ] All health care, day care and special child rearing expenses are included in the
worksheets in Part 11.

Worksheets
Children and Ages: SAMANTHA FISHER, 9

Ra rt I: Basic Child Support Obligation (See Instructions, Page 1)


1. Grfiss Monthly Income Father Mother
_ <i_,_ YY._age_s<i_ncj__S~!!Jr!e§ _ __ _ ______________ ... _ _ _____ -------~:!,6QQ_.O()_ _____ J~,4:1_6,~7-
-- b. _l_i:i_!_e_rest_<!nd _[)i~!<!_e_n_<!_ lnc:;_orn~------ __________ . _ _ ___________ -· . _______ --·
c. Busines_s lncon1e....... _ ....................... _ _ __ __ _______ __ __ ····-············
..•.de. SJJous_al fv1aintenance_B_e_c:;_eii~e_d______ ·-·-· ___________ ·- __ -------·- ::___ ____ --· __ ··-- __
_ ..ei,__Q.th_er. !nC:()rn.e ____ . --------·--- ....... ___________ -----·-· ________ -·--· ____ ·-- ----·· ·- _ .. ______________ _
f. Total Gross Monthly Income
(add lines 1a throuqh 1e) $2,600.00 $8,416.67
WSCSS-Worksheets ·Mandatory (CSWICSWP) 712007 Page 1 of 5
------- ------------------

2. Monthly Deductions from Gross Income Father Mother


......<!. .l_nC:Q..f!l._e.J§!Xe_s__ (i:_e_d_El..@_l__and Sta._te_)__Tax Year:~Q! .. _. __ ------·---- $71.~~-- ______1!,307 .2~-
·- ...b.:..£1g~_l~oc.Sec;,+Medic:?.~e_j{~elf-Ell}ployment Taxes ___ __ $198.90 ___ ---~43.88
c;._~t51te_~ri<!.ll.~tri~Jri.s_u.r.a.._nc~~~-LJ.ctiq_n_~----- . ---·--- __ ___ ______ . ll!:?~- .... ____ ---~!!.!!!..
d. Mandatory Union/Professional Dues - -
•.!:_~~~:.P.~°6:~2:~!".1~!1
__
~i:iousal
Pay_!!!e_I)_~-------·---·-----·--···
Maintenance Paid
--·· :=··-=-=.:-==~.:= ==-~~=-$167.61..
_____________________ :_ ________-__
_g, __ ~~~€'!Jl.usiness Exp_enses ------··------ _______ -----····- ___ ::_ ---· : __
h. Total Deductions from Gross Income
(add lines 2a through 2g) $277.07 $2,125.64
3. Monthly Net Income
(line 1f minus 2h) $2,322.93 $6 291.03
4. Combined Monthly Net Income
(Line 3 amounts combined) $8,613.96
(If line 4 is less than $600, skio to line 7.l
5. BASIC CHILD SUPPORT OBLIGATION: Combined~
SAMANTHA FISHER $9S6.00
$986.00

6. Proportional Share of Income


(Each oarent's net income from line 3 divided bv line 4) .270 .730
7. Each Parent's Basic Child Support Obligation
(Multiply each number on line 6 by line 5)
(If line 4 is less than $600, enter each parent's support
obligation of $25 per child. Number of children: 1
(Skip to line 15a and enter this amount.) $266.22 $719.78
Part II: Health Care, Dav Care, and Special Child Rearing Expenses ISee Instructions Paae 3)
S. Health Care Expenses
'3.:. Children:.sl'Jlo.rit_hlyl::le_althln.s!Jrt;infe_. _______ ... _____ . . ___ '...... ____ $~.1.:~;!.
.. __Q,_ ~hil<!_rEif!'~_LJ_nif!.S_llEed MQ!lthly He€'l~C_i!_!'e__ -----··- --·------·-··---- ______ _: __
c. Total Monthly Health Care Expenses - $81.63
____ _(li_l!Ei sa.._pl~~l!ne S_b.L .. _ _ _ .. - - · - ---------1----...---......--..----1
d. Combined Monthly Health Care Expenses
(add father's and mother's totals from line Sc) $81.63
-- ·e.-Maximum-orciinary IV!cinth1Y° Heaithcar€;--- ------ - - - - ·- - ·--- ·----·--- - - -
- _(muJ!iplylin~~ti'!le_~co_~L __ ---------·- ------··- ____________ l!9_,~Q_ __ . __·_·
f. Extraordinary Monthly Health Care Expenses •· I
(line Sd minus line Se., if "O" or neoative, enter "0") _. $32.33
9. Day Care and Soecial Child Rearina Exoenses
__a,_ [)ay t:;a..r_e _i::xp_e_n~e-~ __ __ ___ _ _ ··- ____ .......... _ . . _ --·-· .... - .....:.. _ __ __ _ ..... :.._.
__ )?:_. ~9~ca.tio0 ~-~p~ns~~--- -----·---·-- ---·--·-··-·---- --·---- -·----~: ______ . ·--- .. _..: __
c, ~ong[)istanc;e_i:rari_~p(Jrt<l_li(J'l_~~flElf!.se__s_____________ . ·- _ •.. ................ :. .... ___ ........... : .....
__ _9,_0ttie_r_§p_e_c;i€'J Expe_ri~es{~e_scli_~)_______________ ··-- _ ··--·--- _ _ _ _ ··-···-
- ···-- -··- . ---·--. -·- -----·-- - .•. ·-····· -----·-..··-- --- - --·-·-- - -- ··-- .. - - ·-- - ··- -·- ........ -·-·-- - - .---·-- • f--· . ...... •......... _ ... --·--..·--·- . .. ·-·-····

e. Total Day Care and Special Expenses


(Add lines 9a throuah 9dl
10. Combined Monthly Total Day Care and Special Expenses
<Combine amounts on line 9e)
WSCSS-Worksheets - Mandatory (CSWICSWP) 712007 Page 2 of 5
11. Total Extraordinary Health Care, Day Care, and Special
Expenses (line Bf plus line 10)
.·' I
..
'I ' . .
$32.33 .... . ~'. :.·
.· .
Father Mother
12. Each Parent's Obligation for Extraordinary Health Care,
Day Care, and Special Expenses $8.73 $23.60
(Multiply each number on line 6 by line 11)
Part Ill: Gross Child Support Obligation
13. Gross Child Sunnort Obliaation (line 7 olus line 12) $274.95 $743.38
Part IV: Child Support Credits (See Instructions, Page 3)
14. Child Suooort Credits
a. Monthly Health Care Expenses Credit .... _________ . . _________ ··-···-···--j8_1_,§_3_
b~-Day care
ands[.iiiciai-ExpeiisesCretilt .. ---------
c~·i:5therOrdinary-Expenses Credit (describe) _____ · · ·-----------·---- ---·-···-·----

$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:

17. Household Debt


- ·- - -(List liens against household assets, extraordinary debt.)
. __ ·---·-···---- -- ····--·- ·-- -----· - - - - - - ·- - ----·- ------- - - - ---
., -- .- ----· ---

c.
WSCSS-Worksheets - Mandatory (CSW!CSWP) 712007 Page 3 of 5
. ..

(Household Debt continued) Father's Mother's


Household Household

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

b. Income of Other Adults in Household


. -------- Name -------·---------------.----·---··-- ··---·--- ----·-· -------·-·-·-- ------ ______
~---·--·-·--- ., _____ _
Name

. _ c_, lnc_()rn~! C:tl_ilgre!l (if c:2nsJgei_i:_e<!_~xtr<i_~c:f~n_a_ry) ________ _


Name
Name

__ c:f, l!:lc__o111~_fro_1!1_ C:~i!d__§l!f>P..Ort _ _ _ ---·----·------- --·------ ____ -·-·-·--··---------


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 ____________ _

19. Non-Recurring Income (describe)

20. Child Support Paid For Other Children

- N<JrnE!/8_g€l~. . ·----- ··-··----·- --- ·--- ·-· - ----·--·--·---- -- --- - ----·---··--


N. arnE!l<Jge:. _ _ _ ___ _ __ _________ __ _ ___ _ ______ ····- _
. lll.ill11E!!~g~ . ---- - ----·---------- ·--·---- ·---·---. - - - - - - - - - -··-·-·-------

21. Other Children Living In Each Household


(First names and ages)

WSCSS-Worksheets - Mandatory (CSW/CSWP) 7/2007 Page 4 of 5


... ~

22. Other Factors For Consideration

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

Date City Date City

Ii
Date

d by the State of Washington Administrative Office of the Courts.


Photocopying of the worksheet is permitted.

WSCSS-Worksheets - Mandatory (CSW/CSWP) 7/2007 Page 5 of 5 SupportCa/c® 2008


c: .. \state templates\waworksheet.dtf z:\legalplus\seymour.stephanie\seymour.stephanle.scp 08/13/2008 03:52 pm
.. . . ' .

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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA l.K.M. FISHER,
FINDINGS OF FACT AND
IO Petitioner, CONCLUSIONS OF LAW
(FNFCL)
II and

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
Fndngs of Fact and Cone/ of Law (FNFCL) - Page 1 of 14
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
A Professional Sentices Corporation
24
333 COBALT BUILDING
3525 COLBY AVENUE
25
ORIGINAL P.0.BOX488
EVERETT, \VASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
"

The following people attended the trial:

2 Petitioner, Amana Fisher;


Petitioner's attorney, Norman Besman;
3 Respondent, Stephanie Seymour;
Respondent's attorney, Rebecca J. Torgerson; and
4 Witness: Jane Seymour.

5 II. FINDINGS OF FACT


6
Upon the basis of the testimony and the court record, the court FINDS:
7
2.1. RESIDENCY OF PETITIONER.
8
The petitioner is a resident of the State of Washington.
9
2.2. NOTICE TO RESPONDENT.
10
The respondent has appeared, responded or joined in the petition and was personally
II served a copy of the Summons and Petition for Dissolution of Marriage on the 19th day
of October, 2005.
12
2.3. BASIS OF PERSONAL JURISDICTION OVER THE RESPONDENT.
13
The facts below establish personal jurisdiction over the respondent:
14
The respondent is presently residing in Washington.
15
The respondent was served within the State of Washington.
16
2.4. DA TE AND PLACE OF MARRIAGE.
17
The parties were married on July 11, 1998 at Kenmore, Washington. The parties began
18 dating in the early 1990s and participated in a committed relationship ceremony on
September 9, 1995.
19
The Husband has alleged the parties were in a meretricious relationship from September
20 9, 1995 until their marriage on July 11, 1998. The Court has acknowledged both parties'
contributions during this period of time. The Court has accounted for this period of
21 cohabitation in terms of the division of property/debts as detailed herein.

22
Fndngs of Fact and Cone/ of Law (FNFCL) - Page 2of14
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3) RREWE LAYMAN
Attorneys al Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX 488
EVF.RETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
I• "

2.5. STATUS OF THE PARTIES.

2 Husband and wife separated on September 12, 2005.

3 2.6. STATUS OF THE MARRIAGE.

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

7 There is no written separation contract or prenuptial agreement.

8 2.8. PROPERTY.

9 The parties have the following real or personal community 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.

21 The wife has the following real or personal separate property:

22
Fndngs of Fact and Cone/ of Law (FNFCL) - Page 3 of 14
23 WPF DR 04.0300 (612006)-CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Allorneys at Law
A Proressional Services Corporation
24
JJJ COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX 488
EVERETT, \\'ASlllNGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
,.

• 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
Fndngs of Fact and Cone/ of Law (FNFCL) - Page 4 of I 4
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
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P.0.BOX488
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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
23 WPF DR 04.0300 (612006)- CR 52, RCW 26.09.030; .070(3) BR EWE LAYMAN
Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX 488
EVERETT, WASHll'iGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
,,

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
Fndngs of Fact and Cone/ of Law (FNFCL) - Page 6of14
23 WPF DR 04.0300 (612006)-CR 52; RCW 26.09.030; .070(3) BR EWE LAYMAN
Attorneys at Law
A Professional Services Corporation
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333 COBALT BUILDING
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P.O.BOX 488
EVERETT, WASHINGTON 98206-0488
Telephone (425) 252-5167
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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

JO III. CONCLUSIONS OF LAW

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.

The parties should be granted a decree of dissolution of marriage.

DISPOSITION.

The distribution of property and liabilities as set forth in the decree is fair and equitable.

PREGNANCY.

Does not apply.

CONTINUING RESTRAINING ORDER.

22 Does not apply.


Fndngs of Fact and Cone/ of Law (FNFCL) - Page 7of14
23 WPF DR 04.0300 (612006) - CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
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P.0 .BOX 488
EVERElT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
3.6 PROTECTION ORDER.
2
Does not apply.
3
3.7. ATTORNEY'S FEES AND COSTS.
4
The Husband should be awarded $7,500.00 towards his attorney fees to be paid by the
5 Wife.
6 3.8. NAME CHANGE.
7 Does not apply.
8
3.9. SEPARATION CONTRACT.
9
Does not apply.
10
3.10. PROPERTY TO BE AWARDED.
II
The parties' community and separate property should be awarded and divided as set forth
12 in Exhibit "A" attached hereto and hereby incorporated by this reference.

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
Fndngs of Fact and Cone/ of law (FNFCL) - Page 8of14
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
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P.0 .BOX 488
EVERETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
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

19 Stephanie Seymour Amana Fisher


Respondent Petitioner
20

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
Attorneys al Law
A Proreuional Services Corporalion
24
333 COBALT BUILDING
25 3525 COLBY A VENUE
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EVERETT, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
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
23 WPF DR 04.0300 (612006)- CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
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EVF.RETI, \VASlllNGTON 98206-0-188
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26 Facsimile (425) 252-9055
C. All property currently in Wife's possession; including, but not limited to,

2 clothing, jewelry, personal effects, furniture, furnishings, household adornments, and tools,

3 except as specifically awarded to Husband.

4 D. The 2005 Hyundai Elantra, Washington State License Plate No. 473 UCR

5 and any underlying obligation(s) thereon (awarded as Wife's separate property).


6
E. The residence and real property located at 19514 Winesap Lane, Bothell,
7
Washington, and any liens/encumbrances thereon (awarded as Wife's separate property). The
8
legal description of this property is as follows:
9
LOT 8, ALDER WOOD HOMES, ACCORDING TO THE PLAT THEREOF
10 RECORDED IN VOLUME 19 OF PLATS, PAGE 117, IN SNOHOMISH COUNTY,
WASHINGTON.
11
F. Any property acquired since the date of the parties' separation with Wife's
12
separate funds, and except as otherwise specifically awarded to Husband.
13
G. The one-third (l/3) interest in the entity known as the Seymour Family
14
LLC, along with any property owned by said entity, and any liens/encumbrances associated
15

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:

20 A. All bank/investment accounts and insurance policies (including riders)

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
23 WPF DR 04.0300 (612006) - CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
A Proressional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVERETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
specifically awarded his US Bank checking/savings accounts. There are no joint

2 bank/investment accounts.

3 B. All employment-related benefits in Husband's name, including all rights

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

16 except as otherwise specifically awarded to Wife.

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.

19 460 NBJ 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
Fndngs of Fact and Cone/ of law (FNFCL) - Page 12 of 14
23 WPF DR 04.0300 (612006)- CR 52, RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Law
24
-...
A Professional Services Corporation

333 COBALT BUILDING


25 3525 COLBY AVENUE
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Telephone (425) 252-5167
26 Facsimile (425) 252-9055
,.

F. One-half(50%) of the community portion (defined as date of marriage

2 7/11/J 998 through date of separation 9/12/2005) of the Wife's lntermec 40J(k) Plan, to be

3 divided via QDRO prepared by Wife's attorney.

4 G. One-half (50%) of the community portion (defined as date of marriage

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
23 WPF DR 04.0300 (612006) -CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Allorneys at Law
A Professional Sen·ices Corporation
24 =...
333 COBALT BUILDING
25 3525 COLD\' AVENUE
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EVERETI, WASHINGTON 98206-0488
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26 Facsimile (425) 252-9055
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

14 separation of the parties.

15 B. Debts, encumbrances, liens, claims and mortgages associated with any

16 asset awarded to Husband.

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
23 WPF DR 04.0300 (612006) - CR 52; RCW 26.09.030; .070(3) BREWE LAYMAN
Attorneys at Luw
A Professional Sen·icn Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
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EVERETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA 1.K.M. FISHER,
DECREE OF DISSOLUTION
IO Petitioner,

II and Clerk's action required

12 STEPHANIE J. SEYMOUR,
13
Respondent
14

15 I. JUDGMENT/ORDER SUMMARIES

16 I. I RESTRAINING ORDER SUMMARY:

17 Does not apply.

18 1.2 REAL PROPERTY JUDGMENT SUMMARY:

I9 Real Property Judgment Summary is set forth below:

20 I Assessor's property tax parcel or account number: 003756-000-008-00


ct:: 21 1.3 MONEY JUDGMENT SUMMARY:
U')
U') Judgment Summary is set forth below.
22
31::
23 Decree (DCD) (DCLGSP) (DCJNMG) - Page I o/9 BREWE LAYMAN
WPF DR 04.0400 (612006) - RCW 26.09.030; .040; .070 (3) Attorneys nt Law
A Professional Sen·ices Corporation
24
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25 3525 COLBY AVENUE
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26 ORIGINAL EVERETI, WASHINGTON 98106-0488


Telephone (425) 252-5167
Facsimile (425) 252-9055
"

A. Judgment creditor Amana 1.K.M. Fisher


B. Judgment debtor Stephanie J. Seymour
2 C. Principal judgment amount $10,000.00
D. Interest to date of judgment $0.00
3 E. Attorney fees $7,500.00
F. Costs $0.00
4 G. Other recovery amount $0.00
H. Principal judgment shall bear interest at 6% per annum
5 I. Attorney fees, costs and other recovery amounts shall bear interest at 6 % per annum
J. Attorney for judgment creditor Norman Besman
6 K. Attorney for judgment debtor Rebecca Torgerson I Brewe Layman P.S.

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.

13 The marriage of the parties is dissolved.


14 3.2. PROPERTY TO BE AWARDED THE HUSBAND.
15 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
16
decree.
17 3.3. PROPERTY TO BE A WARDED THE WIFE.
18
The wife is awarded as her sole and separate property the property set forth in Exhibit
"A". This exhibit is attached or filed and incorporated by this reference as part of this
19
decree.
20 LIABILITIES TO BE PAID BY THE HUSBAND.
3.4.
21
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 of this decree.
22

23 Decree (DCD) (DCLGSP) (DC!NMG) - Page 2of9 BREWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Professional Sen·icc5 Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0 .BOX 488
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26 Facsimile (425) 252-9055
Unless otherwise provided herein, the husband shall pay all liabilities incurred by him
since the date of separation.
2
3.5. LIABILITIES TO BE PAID BY THE WIFE.
3
The wife shall pay the community or separate liabilities set forth in Exhibit "B". This
4 exhibit is attached hereto and incorporated by reference as part of this decree.

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.

IO 3.7. SPOUSAL MAINTENANCE.

I1 Neither party shall be awarded any maintenance.

12 3.8. CONTINUING RESTRAINING ORDER.

13 Does not apply.


14 3.9. PROTECTION ORDER.

15 Does not apply.


16 3.10. JURISDICTION OVER THE CHILDREN.
17 The court has jurisdiction over the children as set forth in the Findings of Fact and
Conclusions of Law.
18
3.11. PARENTING PLAN.
19
The parties shall comply with the Parenting Plan filed herein. The Parenting Plan signed
20 by the court is approved and incorporated as part of this decree.
21 3.12. CHILO SUPPORT.
22

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 3 o/9 BREWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030, .040; .070 (3) Attorneys at Law
A Professional Servic" Corporation
24
333 COBALT BUILDING
25 3525 COL.BY AVENUE
P.O.BOX 488
E\'ERETI, WASHINGTON 98106-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
Child support shall be paid in accordance with the Order of Child Support filed herein.
This order is incorporated as part of this decree.
2
3.13. ATTORNEY'S FEES, OTHER PROFESSIONAL FEES AND COSTS.
3
The Wife shall pay the Husband $7,500.00 as an award of attorney fees.
4
3.14. NAME CHANGES.
5
Does not apply.
6
3.15. SEPARATION CONTRACT.
7
Does not apply.
8
3.16. REVOCATION OF LIFE INSURANCE POLICY BENEFICIARY DESIGNATIONS.
9
Each party is hereby cancelled as beneficiary and barred from collection of proceeds of
IO 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
II specifically ordered that an insurance policy shall be used as security for an outstanding
child support obligation, maintenance obligation or other specifically designated
12 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
13 by the life insurance policy when no designated beneficiary exists.

14 DONE IN OPEN COURT this ,_/-1_/_,


15

16

17

18

19 Norman Besman, WSBA # 12585


Attorney for Petitioner
20

21
Stephanie Seymour Amana Fisher
22 Respondent Petitioner

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 4 of9 BKEWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040; .070 (3) Attorneys al Law
A Professional SeTVices Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0.BOX 488
E\'ERETI, WASHINGTON 98106-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
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
10

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

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 5 o/9 BREWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040; .070 (3) Attorneys at Law
A Professional Sentices Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX488
EVERETf, \VASlllNGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
C. All property currently in Wife's possession; including, but not limited to,

2 clothing, jewelry, personal effects, furniture, furnishings, household adornments, and tools,

3 except as specifically awarded to Husband.

4 D. The 2005 Hyundai Elantra, Washington State License Plate No. 473 UCR

5 and any underlying obligation(s) thereon (awarded as Wife's separate property).


6
E. The residence and real property located at 19514 Winesap Lane, Bothell,
7
Washington, and any liens/encumbrances thereon (awarded as Wife's separate property). The
8
legal description of this property is as follows:
9
LOT 8, ALDER WOOD HOMES, ACCORDING TO THE PLAT THEREOF
10 RECORDED JN VOLUME 19 OF PLATS, PAGE 117, IN SNOHOMISH COUNTY,
WASHINGTON.
11
F. Any property acquired since the date of the parties' separation with Wife's
12
separate funds, and except as otherwise specifically awarded to Husband.
13
G. The one-third (1/3) interest in the entity known as the Seymour Family
14
LLC, along with any property owned by said entity, and any liens/encumbrances associated
15

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:

20 A. All bank/investment accounts and insurance policies (including riders)

21 currently in Husband's name, except as otherwise specifically awarded to Wife. The Husband is

22

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 6 o/9 BKEWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040, .070 (3) Attorneys at Law
A Proressional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX 488
EVERETT, WASlllNGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
specifically awarded his US Bank checking/savings accounts. There are no joint

2 bank/investment accounts.

3 B. All employment-related benefits in Husband's name, including all rights

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

16 except as otherwise specifically awarded to Wife.

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.

19 460 NBJ 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

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 7of9 BKEWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040, .070 (3) Attorneys ot Law
A Professional SeITitcs Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX 488
EVERETI, WASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
F. One-half(50%) of the community portion (defined as date of marriage

2 7/11/1998 through date of separation 9/12/2005) of the Wife's Interrnec 401 (k) Plan, to be

3 divided via QDRO prepared by Wife's attorney.

4 G. One-half (50%) of the community portion (defined as date of marriage

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

23 Decree (DCD) (DCLGSP! (DCINMG) - Page 8 of9 BREWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040, .070 (3) Atlorneys at Law

24
-...
A Proressional Services Corporation

333 COBALT BUILDING


25 3525 COLBY AVENUE
P.0 .BOX488
EVERETI, WASHINGTON 98106-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
" '

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

14 separation of the parties.

15 B. Debts, encumbrances, liens, claims and mortgages associated with any

16 asset awarded to Husband.

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

23 Decree (DCD) (DCLGSP) (DCINMG) - Page 9 o/9 BREWE LAYMAN


WPF DR 04.0400 (612006) - RCW 26.09.030; .040; .070 (3) Allorneys al Law
A Professional Sen·ices Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.O .BOX 488
EVEREIT, \\IASHINGTON 98206-0488
Telephone (425) 252-5167
26 Facsimile (425) 252-9055
·'

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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA I.K.M. FISHER,
QUALIFIED DOMESTIC RELATIONS
IO Petitioner, ORDER RE: INTERMEC 40I(K)

11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14

15 WHEREAS, this court has jurisdiction over all parties to this action, and jurisdiction over

16 the subject matter of the order in this dissolution proceeding; and,

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

20 interpreted in accordance with that Act; 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
·"

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: 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:

12 Name: Amana Israel Kirk Merritt Fisher ("Alternate Payee")


Address: 1526 192"d Street SE, Bothell WA 98012
13 Social Security Number: 568-17-9174
Birth Date: 12/05/1956
14
Alternate Payee's Attorney Information:
15

16 Norman Besman, Attorney


20016 Cedar Valley Rd., Ste. 106
17 Lynnwood, WA 98036
(425) 672-3410
18
The Alternate Payee shall have the duty to notify the plan administrator in writing of any
19 changes in his mailing address subsequent to the entry of this Order.

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.

3 5. Amount of Alternate Payee's Benefit (Percentage Basis): This Order


assigns to Alternate Payee an amount equal to Fifty Percent (50%) of the Participant's
4 Total Account Balance accumulated under the Plan from July 11, 1998 (date of marriage)
to September 12, 2005 (date of separation) (or the closest valuation date thereto), plus
5 any interest/investment earnings or losses attributable thereon for periods subsequent to
September 12, 2005, until the date of total distribution.
6
In the event the Alternate Payee does not elect an immediate distribution, his share of the
7
benefits described above shall be segregated and separately maintained in Account(s) established
8 on his behalf and shall additionally be credited with any interest/investment earnings or losses
attributable thereon after September 12, 2005, until the date of total distribution. The Alternate
9 Payee's share of the benefits shall be allocated on a "pro-rata" basis among all of the accounts
and/or investment funds maintained on behalf of the Participant under the Plan.
10
6. Commencement Date and Form of Payment to Alternate Payee: If the Alternate
II Payee so elects, he shall be paid his benefits as soon as administratively feasible following the
date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date
12 permitted under Plan or Section 4 l 4(p) of the Internal Revenue Code, iflater. Benefits will be
payable to the Alternate Payee in any form or permissible option otherwise available to
13 participants and alternate payee's under the terms of the Plan, including, but not limited to, a
single lump-sum cash payment.
14
7. Alternate Payee's Rights and Privileges: On and after the date that this Order is
15
deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives
16 his/her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights
and election privileges that are afforded to plan beneficiaries, including, but not limited to, the
17 rules regarding the right to designate a beneficiary for death benefit purposes.

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

Norman Besman, WSBA # 12585


Attorney for Petitioner/Alternate Payee

12

13 Stephanie Seymour Amana Fisher


Respondent/Participant Petitioner/Alternate Payee
14

15

16

17

18

19

20

21

22

23 QUALIFIED DOMESTIC RELATIONS ORDER RE: RR EWE LAYMAN


INTERMEC 40l(K) - 5 Attorneys at Law
A Professional Sen-ices Corporation
24
333 COBALT BUILDING
25 3525 COl..BY AVENUE
P.O.BOX488
EVERETI, \VASHINGTON 98206-0488
Telephone (425) 252-5167
26 f'acsimlle (425) 252-9055
·.
FILED
2008 AUG ll+ AM 11: 48
SOHYA KRASKI
COUNTY CLERK
2 SHOHOHISH CO. WASH

6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA 1.K.M. FISHER,
QUALIFIED DOMESTIC RELATIONS
10 Petitioner, ORDER RE: INTERMEC FSSP

II and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14

15 WHEREAS, this court has jurisdiction over all parties to this action, and jurisdiction over

16 the subject matter of the order in this dissolution proceeding; and,

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

20 interpreted in accordance with that Act; 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 FSSP - I Attorneys al Law

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:

12 Name: Amana Israel Kirk Merritt Fisher ("Alternate Payee")


Address: 1526 l 92"d Street SE, Bothell WA 98012
13 Social Security Number: 568-17-9174
Birth Date: 12/05/1956
14
Alternate Payee's Attorney Information:
15

16 Norman Besman, Attorney


20016 Cedar Valley Rd., Ste. 106
17 Lynnwood, WA 98036
(425) 672-3410
18
The Alternate Payee shall have the duty to notify the plan administrator in writing of any
19 changes in his mailing address subsequent to the entry of this Order.

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.

3 S. Amount of Alternate Payee's Benefit (Percentage Basis): This Order


assigns to Alternate Payee an amount equal to Fifty Percent (50%) of the Participant's
4 FSSP Account Balance accumulated under the Plan from July 11, 1998 (date of marriage)
to September 12, 2005 (date of separation) (or the closest valuation date thereto), plus
5 any interest/investment earnings or losses attributable thereon for periods subsequent to
September 12, 2005, until the date of total distribution.
6

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.

12 6. Commencement Date and Form of Payment to Alternate Payee: If the Alternate


Payee so elects, he/she shall be paid his benefits as soon as administratively feasible following
13 the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date
permitted under FSSP or Section 4 l 4(p) of the Internal Revenue Code, if later. Benefits will be
14
payable to the Alternate Payee in any form or permissible option otherwise available to
participants and alternate payee's under the terms of the FSSP, including, but not limited to, a
15
single lump-sum cash payment.
16
7. Death of Alternate Payee: In the event of Alternate Payee's death prior to his
17 receiving the full amount of benefits called for under this Order and under the benefit option
chosen by Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the
18 appropriate form provided by the Plan Administrator (or in the absence of a beneficiary
designation, his estate), shall receive the remainder of any unpaid benefits under the terms of this
19 Order, and in accordance with the benefit option selected by Alternate Payee.

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

23 QUALIFIED DOMESTIC RELATIONS ORDER RE: BREWE LAYMAN


INTERMEC FSSP - 3 Attorneys at Law
A Professional Services Corporation
24
333 COBALT BUILDING
25 3525 COLBY AVENUE
P.0.BOX488
EVERETI, WASHINGTON 98206-0488
26 Telephone (425) 252-5167
Facsimile (425) 252-9055
I ,

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

23 QUALIFIED DOMESTIC RELATIONS ORDER RE: BREWE LAYMAN


INTERMEC FSSP - 4 Attorneys at Law
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.. '
• f '

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

11 Stephanie Seymour Amana Fisher


Respondent/Participant Petitioner/Alternate Payee
12

13

14

15

16

17

18

19

20

21

22

23 QUALIFIED DOMESTIC RELATIONS ORDER RE: BR EWE LAYMAN


INTERMEC FSSP - 5 Attorneys at Law
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Superior Court of the State of Washington
for Snohomish County
JUDGES SNOHOMISH COUNTY COURTHOUSE PRESIDING JUDGE
GERALD L. KNIGHT MIS #502 LARRY E. MCKEEMAN
RICHARD J, THORPE
3000 Rockefeller Avenue
JAMES H. ALLENDOERFER COURT COMMISSIONERS
LARRY E. MC KEEMAN Everett, WA 98201-4060 ARDEN J. BEOLE
RONALD L. CASTLEBERRY (425) 388-3421 (425) 388-3536 LESTER H. STEWART
THOMAS J. WYNNE JACALYN 0. BRUDVIK
ANITA L. FARRIS TRACY G. WAGGONER
LINDA C, KRESE SUSAN A. GAER
GEORGE N. BOWDEN
ELLEN J, FAIR COURT ADMINJSTRATOR
KENNETH L. COWSERT. SUPERIOR ANO JUVENILE COURT
MICHAEL T. DOWNES BOB TERWILLIGER
ERIC Z. LUCAS
DAVID A. KURTZ Illlllll llllll Ill lllll lllll lllll lllll lllll lllll lllll Ill/ 1111
BRUCE I. WEISS
CL 12632761
August 14, 2008

Norman S. Besman
U)
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20016 Cedar Valley Rd Suite 106 :r-<;:s: .i:-
Lynnwood, WA 98036-6332 c)n::o
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. r,1 (J)
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:JI:
Rebecca J. Torgerson :::f::UA
::=· ::s::- c.n 0
Brewe Layman, PSC Ul

PO Box 488
.I _,
0

Everett, WA 98206-0488

Re: Fisher v. Seymour


(Snohomish County Cause no. 05-3-02756-0)

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

Cc: Correspondence file, Court file


•,

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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA l.K.M. FISHER,
AGREED
IO FINAL PARENTING PLAN
Petitioner,

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:

21 Child's name(s) and age(s):


22 Name Age
23 Parenting Plan (PPP, P PT, PP) - Page 1 of 13- Laws of 2007, ch. 496 BREWE LAYMAN
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Telephone (425) 252-5167
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Samantha Fisher 9

2 II. BASIS FOR RESTRICTIONS·

3 2.1 PARENTAL CONDUCT [RCW 26.09.191(1)(2)]:

4 Does not apply.


5 OTHER FACTORS [RCW 26.09.191(3)1:
2.2
6
Does not apply.
7
III. RESIDENTIAL SCHEDULE
8
These provisions set forth where the child shall reside each day of the year and what contact the
9 child shall have with each parent.

10 3.1 SCHEDULE FOR CHILDREN UNDER SCHOOL AGE.

11 There are no children under school age.

12 3.2 SCHOOL SCHEDULE.


13 Upon enrollment in school, the child, starting May 15, 2008 and continuing through August
3, 2008, shall reside with the father, except for the following days and times when the child
14
will reside with or be with the other parent:
15 The child shall reside with the Mother per the following alternating three-week schedule,
as described in the following calendar:
16
Calendar of Mother's Monday Tuesday Wednesday Thursday Friday Saturday Sunday
17 Residential time
Week I Afterschool
(commencing May (3pm)
18 I 5'h)
Week 2 Before Afterschool
19 school (3pm)
(Barn)
20 Week 3 Before A fterschool Before school
school (3pm) (Sam)
21 (Barn)

22

23 Parenting Plan (PPP, PPT. PP) - Page 2of13- Laws of 2007, ch. 496
BREWE LAYMAN
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-...
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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

9 3.3 SCHEDULE FOR CHRISTMAS HOLIDAY/WINTER BREAK.

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.

20 3.5 SUMMER SCHEDULEN ACA TION.

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
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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

11 3.7 SCHEDULE FOR HOLIDAYS.

12 The residential schedule for holiday periods, is as follows:

13 · With Mother With Father


New Years Day Odd Even
14 Martin Luther King Day**
Presidents Day**
15 Easter Odd Even
Memorial Day • •
16 Odd Even
July Fourth
Labor Day••
17 Odd Even
Halloween
Veterans Day Odd Even
18 Even
Thanksgiving Odd
19 51
New Year's Day shall be defined as beginning at 9:00 a.m. December 31 of the previous
20 year and ending 9:00 a.m. January 2"d. .

21 Thanksgiving shall be defined as beginning at 6:00 p.m. Wednesday preceding


Thanksgiving until noon (12:00 pm) on the Sunday following Thanksgiving.
22
23 Parenting Plan (PPP, PPT, PP) - Page 4of13- Laws of 2007, ch. 496 BREWE LAYMAN
WPF DR 01.0400 Mandatory (712007)- RCW 26.09.181; .187; .194 Attorneys at Law

24 -...
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July Fourth shall be defined as beginning at 9:00 a.m. on the morning of the holiday and
ending at 9:00 a.m. on the morning following the holiday.
2 The following holidays shall follow the regular school visitation schedule (if 3.2 above):
Martin Luther King Day, Presidents Day, Memorial Day, Labor Day, i.e., who has the
3 weekend shall also have the holiday. These holidays shall end Tuesday morning
following the holiday at 9:00 a.m. (or at school).
4
For purposes of this Parenting Plan, the balance of the above holidays shall commence at
5 9:00 '!.m. on the morning of the holiday and shall end at 8:00 p.m. on the evening of the
holiday.
6 3.8 SPECIAL OCCASIONS/BIRTHDAYS.

7 With Mother With Father


Mother's Day Every
8 Every
Father's Day
9
For purposes of this Parenting Plan, these holidays shall commence at 9:00 a.m. on the
morning of the holiday and shall end at 8:00 p.m. on the evening of the holiday.
10
Each parent shall be allowed to spend some time with the child to celebrate the child's
II birthday and each parent's birthday, within a week of that birthday.

12 3.9 PRIORJTIES UNDER THE RESIDENTIAL SCHEDULE.

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

3.11 TRANSPORTATION ARRANGEMENTS.


20
Transportation costs are included in the Child Support Worksheets and/or the Order of
21 Child Support and should not be included here. Transportation arrangements for the
child shall be as follows:
22
23 Parenting Plan (PPP, PPT, PP) - Page 5of13- Laws of 2007, ch. 496 BREWE LA VMAN
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Responsibility for providing transportation shall be divided between the parents. Each
parent shall be responsible for providing transportation to his or her home. Whenever
2 possible, the child shall be exchanged via the school bus transportation.

3 3.12 DESIGNATION OF CUSTODIAN.

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.

IO Both parties shall be restrained from possessing or using prescription medications


without lawful prescription, and usage of such prescription medications shall be as
11 prescribed only, including recommendations prohibiting mixing with alcohol.

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 3.14 SUMMARY OF CH. 21 LAWS 2000 §§5 - 10, REGARDING RELOCATION OF A


CHILD:
19
This is a summary only. For the full text, please see RCW 26.09.430-480.
20 If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.
21 Ifthe move is outside the child's school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60
22 days before the intended move. If the relocating person could not have known about the
23 Parenting Plan (PPP, PPT, PP) - Page 6of13- Laws of 2007, ch. 496
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move in time to give 60 days' notice, that person must give notice within 5 days after
learning of the move. The notice must contain the information required in Ch. 21 Laws
2 2000 § 6. See also form DR 07.0500 (Notice of Intended Relocation of A Child.)
If the move is within the same school district, the relocating person must provide actual
3 notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.
4 Notice may be delayed for 21 days if the relocating person is entering a domestic
violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health
5
and safety.
If information is protected under a court order or the address confidentiality program, it
6
may be withheld from the notice.
7 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.
8 Failure to give the required notice may be grounds for sanctions, including contempt.
If no objection is filed within 30 days after service of the notice of intended
9 relocation, the relocation will be permitted and the proposed revised residential
schedule may be confirmed.
IO A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice.
11 An objection may be filed by using the mandatory pattern form WPF DR 07.0700,
(Objection to Relocation/Motion for Modification of Custody Decree/parenting
12 Plan/Residential Schedule (Relocation)). The objection must be served on all persons
entitled to time with the child.
13 The relocating person shall not move the child during the time for objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.
14
If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
15
there is a clear, immediate and unreasonable risk to the health or safety of a person or a
16 child.

17 IV. DECISION MAKING AND PARENTAL OBLIGATIONS

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
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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.

Major decisions are the following:

A. Choice/change of school not mandated by school authorities.


8. Choice/change of child care providers.
C. Choice/change of counselors or health care providers.
D. Marriage prior to age 18.
E. Entry into the Armed Forces prior to age 18.
F. Non-emergency medical and/or dental care and providers thereof.

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.

Restrictions in Decision Making.

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
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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
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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'
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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.

4 6.18 Compliance with Plan.


5
6.18.1 If a parent failed to comply with a provision of this Plan, the other parent's
6 obligations under the plan are not affected.

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

IO Does not apply.

11 VIII. ORDER BY THE COURT

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

13

14

15

16

17

18

19

20

21

22

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

25 MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585


PAGE I OF9 20016 CEDAR VALLEY ROAD. SUITE 106
NSB-FISHER-812!il0& LYNNWOOD WA 98036-6332
26 (425) 672-3410

27 ORIGINAL FAX (425) 744-0456


I characterization of the property or any potential community lien against it.
2 Mr. Fisher testified at trial that he was requested by his wife to sign the quit claim deed
3 and let the property be titled in the sole name of his wife. He went on, in his testimony, however,
4 to state that this was to be only a temporary phase of title-holding in order to obtain funding, and
5 that after the purchase and the title were secured, his name would be added to the title. He
6 acknowledged that that never happened, but further testified that he did pursue these requests of
7 his wife, who never complied, but as the parties remained together, Mr. Fisher felt his interests
8 , would be respected.
9 Ms. Seymour testified that she made no such promise, and never had any such intent.
10 This raises the issue of the credibility of the parties in terms ofresolving this issue. Mr.
11 Fisher asserts that his testimony as to this issue should have been deemed the more credible by
12 this court.
13 In partial support of this proposition, Mr. Fisher draws to the attention of the court what
14 he asserts to have been knowing and willfully false testimony provided by Ms. Seymour during
15 the course of the trial regarding the Seymour Family LLC. Ms. Seymour testified at trial that she
16 was unaware of any LLC ownership by her. Over the course of the weekend, her mother, Jane
17 Seymour, who also testified at trial and testified as to uncertainty relative to that issue, contacted
18 her daughter's attorney and advised that Ms. Stephanie Seymour was, in fact, a member of the
19 LLC. This information was provided by respondent's mother, not the respondent herself.
20 While people maybe uncertain about certain ownership rights, the respondent's testimony
21 in this matter must also be seen in the context of her subsequent acknowledgment that she had, in
22 fact, been paying about $500 per month to her brother toward her share of the Seymour Family
23 LLC. It is not reasonable for this court to believe Ms. Seymour was paying a debt as to which
24 she was not also receiving a benefit. Mr. Fisher asserts that her testimony was knowingly false,
25 and should, therefore, be considered by this court in its evaluation the balance of her testimony
26 relative to contested issues.
27 Petitioner further asserts that the testimony of both parties was that the down payment for
28 the house came from a 40l(k) loan from the wife's employer. The wife's commencement of
29 employment with Intermec was October 1997; the parties married (legally) on July 11, 1998, and
MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
PAGE 2 OF 9 20016 CEDAR VALLEY ROAD, SUITE 106
NSB·ASHER-812"1l8 LYNNWOOD WA 98036-6332
(425) 672-3410
FAX (425) 744-0456
----------

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
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(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
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NSB-FISHER-8125/08 LYNNWOOD WA 98036-6332
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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
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(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
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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
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..

1
2
Reviewed and approved:
3

~-ff'~
4
5
6
.AMANA 1.K.M. FISHER
Petitioner
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
MOTION FOR RECONSIDERATION NORMANS. BESMAN WSBA #12585
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(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
10
11
12
13
14 Incorporated as referenced in paragraph 1.2 of Findings of Fact herein.

15
16
17
18
19
20
21
22
23
24
25 TRANSCRIPT OF 7/17/08 ORAL DECISION NORMANS. BESMAN WSBA #1258
PAGE I 20-016 CEDAR VALLEY ROAD, SUITE 1
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26 (425) 672-3410

27 ORIGINAL FAX (425) 744-0456


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 I.K.M. FISHER, ) No. 05-3-02756-0
5 )
Petitioner, )
6 ) REPORTER'S TRANSCRIPT
and )

CC0~1f
7 )
STEPHANIE J. SEYMOUR, )
8 )
Respondent. )
9

10 ORAL OPINION OF THE COURT


11

12 THE HONORABLE RONALD L. CASTLEBERRY


Department No. 1
13 Snohomish County Courthouse
July 17, 2008
14

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

REPORTED BY: J. MICHAEL JAY, CSR NO. 2982


FISHER V. SEYMOUR 7 -17 -08

01,44,oa 1 EVERETT, WASHINGTON, THURSDAY, JULY 17, 2008


(
01,44,oa 2 AFTERNOON SESSION
01,44,oa 3 - -ooOoo- -

01,49,35 4

01,49,35 5 THE COURT: I'm ready to render an oral decision

01,49,40 6 in the matter of Fisher and Seymour, cause No.


01,49,45 7 05-3-02756-0.
01,49,49 8 Obviously the parties are here with their

01,49,53 9 respective attorneys. I've had an opportunity to read


01,49, s6 10 over the ex hi bi ts that have been admitted into evidence.
01,50,02 11 I have also taken into consideration the supplemental
01, so, 06 12 materials that have been received by the court, and at
01,50,12 13 this time am prepared to proceed with the entry of the
(
01,50,17 14 following findings of facts and conclusions of law.
01,50,20 15 In terms of the nature of the case, quite

01,50,24 16 frankly, there's very few disputes. It's just a matter


01, so, 29 17 of how the court is going to determine the
01,50,34 18 appropriateness of the division and certain other
01,50,30 19 requests.
01,so,40 20 But in terms of the findings of facts, obviously
01,so,42 21 the parties were married officially July 11, 1998. They
01,50,53 22 were separated on September 12th of the year 2005. The
01,50,55 23 court would find that the marriage is irretrievably
01,50,59 24 broken. They do have one child born of the relationship,
01, 51, 04 25 Samantha, and they have agreed to a parenting plan.

ORAL OPINION OF THE COURT


2
FISHER V. SEYMOUR 7-17-08

01,51,09 1 In terms of the history of the parties,


{
01,51,11 2 Mr. Fisher has a high school education. From about 1976

01,51,26 3 through the year 2001 he had no reported earned income.

01,51,39 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

01,51,5s 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

01,52,18 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


01,52,54 13 assistant at a school district theater. When he entered

01,52,59 14 the relationship with Ms. Seymour he had no financial


01,53,os 15 assets and/or debts.
01,53,12 16 Ms. Seymour does have a degree from the

01,53,19 17 University of Washington, I believe it's a bachelor of


01,53,22 18 science, and was obtained in 1989. She is presently an
OL53,30 19 engineer program manager at Intermec.
01,53,36 20 She started there in about 2001. She was earning

01,53,41 21 $35,000. She now earns about $100,000. She does have

01,53,49 22 two children of a prior relationship. When they began


01,53,55 23 dating in the early '90s, they did enter into a committed

01,54,09 24 relationship ceremony. In 1995 -- I think I misstated.


01,54,30 25 She began her current job at Intermec in October of '97.

ORAL OPINION OF THE COURT


3

- - - ----------------------
FISHER V. SEYMOUR 7-17-08

01,54,39 1 I think I said 2001. It was in 2001 that they purchased


(
01,54,45 2 a home, which is identified I believe in one of the
01,54,56 3 exhibits in terms of the distribution exhibits. It's the

01,55,02 4 home at 1951 Winesap Lane in Bothell.


01,55,11 5 That home was purchased in her individual name.

· 01,55,20 6 The husband at that point in time quitclaimed any


01,55,24 7 interest that he had in the property. A significant

01,55,33 8 amount of the down payment was her separate proceeds that

01,55,40 9 were as a result of a prior relationship that sh~ had.

01,55,46 10 In addition, she had borrowed some money from her 401(k),

01,55,52 11 and that subsequently has been paid back.


01,55,59 12 The value of the home, there is no disputing the
01,56,05 13 value, and it is as stated on the worksheet provided by
(
01,55,13 14 counsel at $300,000. The lien is $206,264.74, with a net
01,55,27 15 equity of $93,735.26.
01,55,32 16 Mr. Fisher indicates that during the purchasing

01,55,44 17 of the house and thereafter he did major repair work on


01,55,55 18 the home. However, the testimony of Ms. Seymour as well

OL57,05 19 as the exhibits seemed to indicate that in fact some of


01,57,10 20 the major items that were described by Mr. Fisher as
01,57,15 21 being done by him were in fact contracted for with third
01,57,20 22 party contractors. He may have been on site and he may
01,57,25 23 have been the one that was there directing various
01,57,29 24 individuals, but to a large degree the work that he has

( 01,57,39 25 described was in fact done by third parties.

ORAL OPINION OF THE COURT


4
FISHER V. SEYMOUR 7-17-08

01,57,44 1 In any event, even if the work had been done by


(
01,57,51 2 Mr. Fisher as opposed to having been done by the third

01:57:55 3 parties, there is really no testimony before the court in

01,59,01 4 terms of how that work has affected the current fair

01,50,11 5 market value of the home, nor is it really any different

01,59,19 6 than what one would expect a normal homeowner to do in

01,59,29 7 terms of the maintenance of the home in terms of the

01,59,34 8 manual repair that was described.


01,59,37 9 It is certainly not the sort of thing that some

01'58 ,42 10 ten years later one looks at and says, yes, you should be

01,59,49 11 compensated on an hourly basis for this type of work, et

oi,59,59 12 cetera, or that type of work somehow changes the

01,59,00 13 character of the home.


oi,59,04 14 The court will find that the home is the separate

01,59,09 15 property of Ms. Seymour.


01,59,20 16 In terms of the asset/debt identification, quite

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

01,59,49 19 Intermec 401(k), that will obviously be divided on a


01,59,57 20 QDRO. Same thing in terms of the FSSP plan, that will be

02,00,02 21 divided on a QDRO.


02,00,oa 22 The wife will be entitled to her 2005 Hyundai
02,00,15 23 vehicle. It was purchased shortly before the separation.

02,00,22 24 It presently has a negative value. It will be awarded to

( 02,00,29 25 her. He will be awarded the two vehicles as is set forth

ORAL OPINION OF THE COURT


5
FISHER V. SEYMOUR 7-17-08

02,00,34 1 on the illustrative exhibit.


02,00,35 2 Each party obviously has already received their

02,00,41 3 personal property. There are no community debts to be

02,00,51 4 awarded other than the underlying debts on the family

02000,56 5 home, which of course will be the sole responsibility of

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

02,01,19 10 about $6,000 as back maintenance from the temporary order

02,01,29 11 that was entered in December of 2005. At that time the

02,01,36 12 court had awarded approximately $1,500 in maintenance and

02:01:43 13 child support, equally dividing the child support and

02,01,49 14 maintenance factor.


02,01,52 15 About three months after the entry of the order

02,01,56 16 Ms. Seymour quit paying the maintenance portion of the

02,02,os 17 ordered amount and continued to pay the $750. She

02,02,12 18 indicates that it was her recollection that the

02,02,18 19 commissioner at the time of the award had mentioned

02,02,23 20 something that the award would be temporary and that she

02,02,32 21 relied on that and discontinued making the payments.

02,02,37 22 I do note from the record, and I would take

02,02,41 23 judicial notice, that about a month after that her

02,02,46 24 attorney withdrew from the case, she was no longer

( 02,02,so 25 represented. Since that period of time Mr. Fisher has

ORAL OPINION OF THE COURT


6
FISHER V. SEYMOUR 7-17 -08

02,02,56 1 accepted the roughly $750 a month payment. He has not


(
02,03,05 2 made any complaint to the court and/or to Ms. Seymour in

02'03'13 3 terms of a lack of payment, except of course at the time

02,03,10 4 of trial, indicating that the court should now go back

02,03,22 5 and award him the arrearages that he claims to be due.

02,03,36 6 The court will not do that. It does appear to

02,03,39 7 the court that there was no demand for payment, which

02,03,47 8 lends some support to Ms. Seymour's position that in fact

02,03,55 9 it was the understanding of the parties that the

02,04,01 10 maintenance would only last about three months.

02,04,06 11 In addition, it does not appear to be in a

02' 04 '12 12 position of being, quite frankly, fair to allow someone

02,04,19 13 to sit on his or her rights of payment, not make a


(
02,04,29 14 demand, and then come to trial and say, well, now we're

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

02,04,44 17 require arrearages to be paid in terms of the


02,04,51 18 maintenance.
02,04,51 19 In terms of the child support, Ms. Seymour

02,05,04 20 essentially requests of the court that the court give

02' 05' 08 21 credit for the substantial amount of time that she will

02,05,14 22 be having the child in terms of the day credits, and

02' 05' 21 23 she's calculated out what it calculates out to.


02,05,28 24 Essentially without the credit, based ·upon the incomes of

02,05,32 25 the parties, a standard calculation would be about $660 a

ORAL OPINION OF THE COURT


7
FISHER V. SEYMOUR 7-17-08

02o05o39 1 month with the credit, and I'm using round numbers, it

02o05o45 2 would be half of that, some $300 or so.


02o05o48 3 Now, I recognize that the credit is something
that must be acknowledged in terms of the length of time
02o06o02 5 that the child spends with her mother. But I also

02o06oll 6 recognize that there is a disparate earning of the

02o06o20 7 parties at this point in time. And although, as I've

02o06o28 8 indicated, I'm not going to require Ms. Seymour to go

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

02o06o53 12 quite frankly, I can understand Ms. Seymour saying, well,

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

02 '07' 16 17 don't think at this point in time she should now be


02o07ol9 18 complaining and saying, well, you know, he should go out
02o07o23 19 and get a better job. That's the person that she chose
02o07o30 20 to have her child with. She knew his personality, she
02o07o38 21 knew what his interests were, and she knew that in terms

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.

ORAL OPINION OF THE COURT


8
FISHER V. SEYMOUR 7-17-08

So the court will not give a credit for overnight


credits. I'll use the standard calculations based upon

02,oa,2a 3 their stated income, which is, as I indicated I think

02,oa,33 4 from the worksheets that were provided, $661 per month.

02,oa,41 5 I might add that there was also a question in

02,oa,45 6 terms of the interest in the Seymour LLC. Obviously

02,oa,51 7 based upon the materials that have been subsequently

02,oa,54 8 submitted to the court, the court will find that is a

02,09,01 9 marital asset that should be awarded to Ms. Seymour and


02,09,03 10 it has no value in terms of the assets.
02, 09, oa 11 In terms of the request for maintenance,
02, 09, 16 12 Mr. Fi sher does ask the court to award maintenance to
02,09,21 13 him. Obviously, that's based upon what he claims to be
02, 09, 30 14 his economic need versus her ability to pay. Just as I
02,09,41 15 said that he has made choices to 1 i ve his 1 i fe-styl e
02,09,46 16 doesn't mean that he cannot earn more. In fact, he could
02, 09, 55 17 earn enough to support his economic need, and therefore,
02,10,02 18 the court will not award maintenance.
02,10,oa 19 In terms of the attorney's fees, there is a
02, 20, 24 2o request for attorney fees, and if I read the ex hi bit
02,10,20 21 correctly that was submitted, I think the total amount of
02, 10, 25 22 attorney fees by Mr. Bes man would be somewhere in the
02,10,32 23 neighborhood of about $15,000 or so. The court in terms
02,10,41 24 of 1 ooki ng at the attorney fees in this case 1 ooks at
several things. It looks at what would be reasonably

ORAL OPINION OF THE COURT


9
FISHER V. SEYMOUR 7-17-08

02,10,56 1 necessary to prosecute this case, and it also looks on


(
02,11,10 2 both parties' present abilities to pay.
02,11,17 3 I've looked at the file in terms of the various

02,11,21 4 issues that were presented throughout the course of the

02,11,24 5 case as well as the issues that were presented at the

02,11,30 6 time of the trial. I've also considered the parties'

02,11'38 7 respective earning abilities and the distribution of the


02,11,46 8 assets.
02,11,47 9 It seems to me, again, not without any sort of

02,11,52 10 mathematical formula, but based upon those general

02'12 '00 11 principles, that a reasonable award of attorney fees in

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

02,12,27 15 of unequal distribution. Now, as I've indicated,

02,12,35 16 obviously I've awarded the house at 100 percent to

02,12,40 17 Ms. Seymour. I've awarded the LLC at 100 percent to


02,12,49 18 Ms. Seymour. And I've indicated that, quite frankly, the

02,12,53 19 value of the house was not increased in terms of the fair

02,13,01 20 market value because of any particular labor of

02,13,05 21 Mr. Fisher. But I am not unmindful that throughout the

02,13,12 22 course of the relationship each party contributed their


02,13,23 23 own talents and eriergies to this marital community. I'm

02,13,30 24 not unmindful that Mr. Fisher had no assets when he came

25 into the marriage. I am not unmindful that Ms. Seymour,


( 02,13,35

ORAL OPINION OF THE COURT


10
FISHER V. SEYMOUR 7-17-08

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

( 02,16,09 25 facts and conclusions of law is that I have the attorneys

ORAL OPINION OF THE COURT


11
FISHER V. SEYMOUR 7-17-08

·02,16,11 1 prepare those. In this case, Ms. Seymour's counsel will


(
02,16,16 2 prepare them. She will send them to Mr. Fisher's counsel

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

02,16,38 6 decree, as well as the parenting plan, and unless I ask


02,16,41 7 for oral argument, none will be had. I'll have my clerk

02,16,44 8 give you a form with the appropriate dates.


02,16,47 9 I will remind Ms. Seymour and Mr. Fisher you are

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

02,11,12 14 child support remains in effect, and that's the amount of

02,11,14 15 money that will be paid until the final paperwork is

02,17,23 16 done. When the final paperwork is done, obviously then


02,17,26 17 the new child support amounts kick in.
02,17,31 18 Any questions?
02,17,32 19 MS TORGERSON: Your Honor, I have a quick
02,17,34 20 question. Is the court denying Ms. Seymour's request for

02,17,39 21 a full-family deviation?


02:17:41 22 THE COURT: Yes.
02,17,41 23 MS. TORGERSON: Is the court adopting the wife's

02,17,45 24 proposed child support worksheets?


02,17,46 25 THE COURT: Yes.

ORAL OPINION OF THE COURT


12
FISHER V. SEYMOUR 7-17-08

02,17,49 1 MS. TORGERSON: And then I assume, just one last


t.
02,11,52 2 question, I assume in terms of the division of the 401(k)
02,17,55 3 and the FSSP plan, that's 50/50 based on the marital

02,10,01 4 portion?
02,18,0l 5 THE COURT: Yes. Your entire exhibit was adopted

02,19,04 6 by the court.


02'18 '04 7 MS. TORGERSON: And the division of marital

02,10,06 8 portion will be from date of marriage to date of


02,10,oa 9 separation?
02,19,09 10 THE COURT: From formal marriage to date of

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.

02,10,21 16 Good luck to both of you.


02,1a,23 17 (Proceedings concluded.)
18

19

20

21

22

23

24

I 25

ORAL OPINION OF THE COURT


13
.. Superior Court of the State of Washington
for Snohomish County
SNOHOMISH COUNTY COURTHOUSE PRESIDING JUDGE
JUDGES
LARRY E. MCKEEMAN
GERALD L. KNIGHT MIS #502
RICHARD J. THORPE 3000 Rockefeller Avenue COURT COMMISSIONERS
JAMES H. ALLENDOERFER Everett, WA 98201-4060 ARDEN J. BEDLE
LARRY E. MC KEEMAN
(425) 388-3421 (425) 388-3536 LESTER H. STEWART
RONALD L. CASTLEBERRY
THOMAS J, WYNNE JACALYN 0. BRUDVIK
TRACY G. WAGGONER
ANITA L. FARRIS
SUSAN A. GAER
LINDA C. KRESE
GEORGE N. BOWDEN
COURT ADMINISTRATOR
ELLEN J. FAIR
KENNETH L. COWSERT
86BtZv£ ~ l::l SUPERIOR AND JUVENILE COURT
MICHAEL T. DOWNES BOB TERWILLIGER
ERIC Z. LUCAS
DAVID A. KURTZ llll llll lllll lllll lllll lllll 11111111111111111111111111111111
BRUCE I. WEISS

September 25, 2008

.,,-
Norman S. Besman
20016 Cedar Valley Rd Suite 106 en C>
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Lynnwood, WA 98036-6332 ooen
:coo ,...,
en
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Rebecca J. Torgerson 3::Z-<
Brewe Layman, PSC
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PO Box 488 oO::O
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Everett, WA 98206-0488 . men
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)>:It- <!? c
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:c U1
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

Cc: Correspondence file, Court file

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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

-
1 ft~f
Ii "
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.

8 The Clerk is instructed to enter a Full Satisfaction of Judgment.


9 Judgment Creditor: AMANA I.K.M. FISHER Judgment Creditor's Attorney: NORMANS. BESMAN
IO AMANA I.K.M. FISHER acknowledges that STEPHANIE J. SEYMOUR, the Judgment Debtor herein,
11 has made full payment of the judgment, including interest and costs, entered against her, under Judgment
12 No. 08-9-07385-5 dated August 14, 2008, which funds have been placed and are now in the trust account
13 of his attorney, Norman S. Besman, pending disbursement. Mr. Fisher hereby authorizes the Clerk of the
14 above-entitled Court to enter a full satisfaction of judgment. Amount or Tvoe of Satisfaction: FULL

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

NOTARY PUBLIC FOR THE STATE OF WASHINGTON


23
My commission expires: --~IA<t/~D~'i'._,..,/b~q~--
1 ,
24
25 SATISFACTION OF JUDGMENT (Full Satisfaction)
PAGE I
NSB-FISllElR-10nJ/08
26
27 ORIGINAL
..
FILED
J:>ec - ./ ~oo?
SONYA KRASKI
COUNTY CLERK
I\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\I \Ill\ 1\11\ \1\\1\\\I\11\11\\1 SNOHOMISH CO. WASH . .l a
CL 12659252

-
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

19 3. Said envelopes each contained a copy of the following documents:


20
A. Notice of Intent to Withdraw.
21
22
23
24
25 DECLARATION OF MAILING NORMANS. BESMAN WSBA #12585
20016 CEDAR VALLEY ROAD, SUITE 106
PAGE I OF2 LYNNWOOD WA 98036-6332
26 NSB·FISHER-12/J/08
(425) 672-3410

27 ORIGINAL FAX (425) 744-0456


'./

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.

~
5
6
7
BOBBI POOR
8 Legal Secretary for Norman S. Besman
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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
.,
,../

SUPERIOR COURT OF WASHINGTON


FOR SNOHOMISH COUNTY
2
3
4 In Re the Marriage of:
5
AMANA I.KM. FISHER NO. 05-3-02756-0
6
Petitioner,
7 and NOTICE OF INTENT TO
WITHDRAW
8
STEPHANIE J. SEYMOUR
9 Respondent. ·
10
TO: Arnana I.K.M. Fisher
II TO: Clerk of the Snohomish County Superior Court of Washington
12 TO: Rebecca J. Torgerson

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
;J
,
FILED
'i

2009 JAtl 11+ PH 3: 27


I
SONYA KRASKI
COUNTY CLERK

~\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

8 In re the Marriage of:


No,: 05-3-02756-0
9 AMANA I.K.M. FISHER,
NOTICE OF INTENT TO WITHDRAW
10 Petitioner,

11 and
12
STEPHANIE J. SEYMOUR,
13
Respondent
14

15 TO: THE CLERK OF THE COURT

16 ANDTO: Stephanie J, Seymour, Respondent, P. 0, Box 13919, Mill Creek, WA 98082

17 AND TO: Amana Fisher, Petitioner, 725 E 5th Street, #5, Arlington, WA 98223

18 PLEASE TAKE NOTICE THAT the undersigned intends to withdraw, as attorney of

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

22 date set forth in this notice.

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

I There is no scheduled trial date.

2 The last known address of Respondent is listed above, and all future pleadings in this

3 matter should be directed to her at said address.

4 Dated this 13th day of January, 2009.

5 BREWE LAYMAN
Attorneys at Law
r essional Service Corporation
6

7
By-=-"'~~~~::L_':..7-J~~'...!.J..
Rebecca J. Torgerso
8
Attorney for Respondent
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23 BREWE LAYMAN
Attorneys al Law
A Professional 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
r,

SUPERIOR COURT OF ' d9"l"PR-.:.6 i\M g: 5 I CASE NO.


WASHINGTON COUNTY OF
SNOHOMISH I. SONY.ii. KR~1SKI tt/5· ~-&,?. 75'6 -0
·' COl!HTY CLERK
Q W\OIV!Ct -r. /(, r=-;shttf... . . CO: Wi~SH
' SNOHOMISH
. STIPULATION AND ORDER
Plaintiff/Petitioner FOR RETURN/DESTRUCTION
OF EXHIBITS

Sff.1Jho111 f- .j. ~· €(f Wl.rtJLI Y" Time/Date


Clerk's Stamp Only
Defendant/Respondent

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.)

Plaintiff/Petitioner's Exhibits Received:---,---,--,-....,..,,..,----------- Date: _ _ _ _ _ _ __


I.D.#: (Authorized Signature)

Defendant/Respondent's Exhibits Received: Date:--------


1.D.#: (Authorized Signature)
DESTRUCTION OF EXHIBITS

Exhibit(s)# 1-/oI 7...b-J'1 I ]6-'1& Trf/


'
trl-Jlf
were destroyed on A ; (;, ,20 () q by Deputy Clerk
Stipulation and Order F r Return/Destruction of Exhibits
RE-158 (R.C.W.) 36.23.070; SCLCR 79(d)(4)(f).
Original-Court File/Canary Copy-Pltf. Atty.!Pink Copy-Dfds. Atty.
C:\Documents and Settings\sisjms\Local Settings\Temporary Internet Files\OLK28E\Exhibit Stipulation.doc
Created on 9/28/2005 11 :57 AM
• ( Illlllll llllll Ill lllll lllll lllll lllll lllll lllll lllll llll llll
l CL13838180
CASE NUMBER: 05-3-02756-0
09 ~PR -6 AM 9: 5 I
SONYA llRASKI
COUNTY CLERK
Amana Fisher & Stephanie Seymour SNOHOMISH CO. WASH

FILED DATE: 7/17/08 & SUB#: 62

Verification & Trace entry Jq:p.. ~ 7- 2. I·()€


j' Name & Date

EXHIBIT STORAGE INFORMATION/REMARKS


Exhibits are in envelope on domestic exhibit shelf.

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

Alaintiff/Defendant W/D or Dest Plaintiff/Defendant W/D or Dest


~ate: - - - - - - Date:- - - - - -
Exhibit #(s): _ _ _ _ _ _ _ _ __ Exhibit #(s): _ _ _ _ _ _ _ _ __
Records Clerk Initials:- - - - - - - Records Clerk Inititals:- - - - - - -
FILED

• \\\\\\\\\\\\\\\\\\\\\\\\\\\Ill\\\\\\\\\Ill\\\\\l\\U\11\\\\
CL15386470
2012 MAY 17 PM J:
SONYA l~RASKI
COUNTY CLERK
<::)

SN01':'111SH CO. IVASH

Superior Court of Washington


County of
SNOH•Jiv.'!ISH
In re:
AMANA I.K.M.FISHER
No. 05-3-02756-0
Petitioner,
and Financial Declaration
STEPHANIE JANE SEYMOUR [ ] Petitioner
[X] Respondent MD\W:-<
Respondent. FNDCLR

• Name:~ST~EP~H=A~N=IE~JA~N~E~S=E~Y~M~O~U~R~------

Declarant's Total Monthly Net Income (from§ 3.3 below)


Date of Birth: December 7 1962

I. Summary of Basic Information

$ _ _ _ __
Declarant's Total Monthly Household Expenses (from§ 5.9 below)
Declarant's Total Monthly Debt Expenses (from§ 5.11 below) $ _ _ _ __

Declarant's Total Monthly Expenses (from§ 5.12 below) $ _ _ _ __

Estimate of the other pany's gross monthly income (from§ 3.lf below) ~$ t-f: I (j;J_ 60
[]unknown

II. Personal Information


2.1 Occupation: Business Process Analyst
2.2 The highest year of education completed: 16
2.3 Are you presently employed? [X] Yes [ ] No

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

Financial Declaration (FNDCLR) - Page 1 of 6


WPF DRPSCU 01.1550 (612006)- RCW 26.18.220(1)

'
• b. If no: (I)
(2)
(3)
When did you last work (month/year)?
What were your gross monthly earnings?
Why are you presently unemployed?

Ill. Income Information

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

a. Wages and Salaries $q,1£t,1" j


$
b. Interest and Dividend Income $ $
c. Business Income $ $
d. Spousal Maintenance Received


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) $ $

3.2 Monthly Deductions From Gross Income


a. Income Taxes $ J.t-f~:J.Sq $
b. FICA/Self-employment Taxes $ ",5)J.'13 $
c. State Industrial Insurance Deductions $ $
d. Mandatory Union/Professional Dues $ $
e. Pension Plan Payments $ Clf 1.0 I $
f. Spousal Maintenance Paid $ $
g. Normal Business Expenses $ $
h. Total Deductions from Gross Income ~/,,3}.53 $
(add lines 3.2a through 3.2g)

3.3 Monthly Net Income (Line 3. If minus line 3.2h or $ ~5315.fr $


line 3 from the Child Support Worksheet(s).)

3.4 Miscellaneous Income


n,k-
• a. Child support received from other relationships
Financial Declaration (FNDCLR) - Page 2 of 6
WPF DRPSCU 01.1550 (612006) - RCW 26.18.220(1)
$ $
• b. Other miscellaneous income (list source and amounts)
_______________
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ _ _ __
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ _ _ _ __
$_~()~- $ _ _ __
$ _ _ _ __
$ _ _ __
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ _ _ __ $ _ _ _ __

c. Total Miscellaneous Income (add lines 3.4a through 3.4b) $ _ _ _ __ $ _ _ __

3.5 Income of Other Adults in Household $ '2.q


'
rJ: $ ~, )/

3 .6 If the income of either party is disputed, state monthly income you believe is correct and explain below:

IV. Available Assets


4.1 Cash on hand $_0)0. Ci)
4.2 On deposit in banks 11XfJ. ~


$
4.3 Stocks and bonds, cash value oflife insurance $ _ _ _ __

4.4 Other liquid assets: $ _ _ _ __

V. Monthly Expense Information

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

• Financial Declaration (FNDCLR) - Page 3 of 6


WPF DRPSCU 01.1550 (612006) - RCW 26.18.220(1)
,.

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)

Insurance $ 75(e 1.0'>


Uninsured dental, orthodontic, medical, eye care expenses $
Other uninsured health expenses
$m~
00
Total Health Care $ •

5.7 Personal Expenses (Not including children)


Clothing $ /DO.~
Hair care/personal care expenses $ l?'D
Clubs and recreation $ ;oo.tD
• Education
Financial Declaration (FNDCLR) - Page 4 of 6
WPF DRPSCU 01.1550 (612006) - RCW 26.18.220(1)
$ ')1)/1>
.....
"

• Books, newspapers, magazines, photos


Gifts
Other
Total Personal Expenses

5.8 Miscellaneous Expenses

Life insurance (if not deducted from income) $ 53', oS


Other \-\re~ ,., $ I{ rt:), Oz:>
Other $~~~
Total Miscellaneous Expenses $ "I 6J a
5.9 Total Household Expenses (The total of Paragraphs 5 I through 5 8) $ ~
-~99
5.10 Installment Debts Included in Paragraphs 5.1 Through 5.8~1 •
of
ast Payment

-'----::=------"--"--'--"---=--~=-- -="--==---=-c==--=-- ~~'--'-=~ lXlYI .2 CL 'f


f£q) \;l'\e..J. --.w,~ux..=~~ OX>\~

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
I

Description Month of Amount of


Creditor of Debt Balance Last Payment Monthly
Pavrnent

~r~ ¥1°ifiq\ $]e(>


$ 400
12 £(. rJ $2Co
$550
$ _ __
$ _ __
$ _ __

Total Monthly Payments for Other Debts and Monthly Expenses ;;,.Mo
5.12 Total Expenses (Add Paragraphs 5.9 and 5.11) $ /0,45J.
, ~

• VI. Attorney Fees


Financial Declaration (FNDCLR) - Page 5 of 6
WPF DRPSCU 01.1550 (612006)- RCW 26.18.220(1)
• 6.1

6.2

6.3
Amount paid for attorney fees and costs to date:

The source of this money was:

Fees and costs incurred to date:


$ _ _ __

$ _ _ __

6.4 Arrangements for attorney fees and costs are:

6.5 Other:

1 declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Signed at f..,ye;fe ff= , [City] WA: [State] on ,51///CJ{) /~Date].


~<fif/J Stf£m o;e, Scyvnouc
Print or T e Name

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) .

• Financial Declaration (FNDCLR) - Page 6 of 6


WPF ORPSCU 01.1550 (612006) - RCW 26.18.220(1)
Washington State Child Support Schedule Worksheets
vfProposed by l--(' 0'\0~Y [ ] State of WA [ ] Other (CSWP)
Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)

Mother Stephanie Father Amana


County SNOHOMISH Case No. 05-3-02756-0

Child(ren) and Age(s): Samantha, 13


Part I: Income <see Instructions. oaae 6)
1. Gross Monthlv Income Father Mother
a. Waaes and Salaries $4,167.00 $9,167.00
b. Interest and Dividend Income - -
c. Business Income
d. Maintenance Received
-
-
-
-
e.Other Income - -
f. Imputed Income - -
a. Total Gross Monthlv Income (add lines 1a throuah 11) $4,167.00 $9,167.00
2. Monthly Deductions from Gross Income
a. Income Taxes (Federal and State) Tax Year: 2012 $507.79 $1,422.59
b. FICA (Soc.Sec. +Medicare)/Self-Emelovment Taxes $235.43 $517.93
c. State Industrial Insurance Deductions -- -
d. Mandatory Union/Professional Dues -
e. Mandatory Pension Plan Pa~ments - $275.01
f. Voluntary Retirement Contributions -- $416.00
g. Maintenance Paid -
h. Normal Business Expenses
i. Total Deductions from Gross Income
- -
(add lines 2a through 2h) $743.22 $2,631.53
3. Monthlv Net Income (line 1a minus 2il $3 423.78 $6,535.47
4. Combined Monthly Net Income $9,959.25
iline 3 amounts combined\
5. Basic Child Support Obligation (Combined amounts-+)
Samantha $1619.00
- $1,619.00
-
-
-
6. Proportional Share of Income
(each parent's net income from line 3 divided by line 4) .344 .656
WSCSS-Worlrsheets - Mandatory (CSWICSWP) 0712011Page1of5
Part II: Basic Child Sunnort Obliaation (see Instructions. paQe 7)
7. Each Parent's Basic Child Support Obligation without consideration
of low income limitations (Each parent's Line 6 times Line 5.) $556.94 $1.062.06
B. CalculatinQ low income limitations: Fill in only those that aooly.
Self-Suooort Reserve: (125% of the Federal PovertY Guideline.) $1,164.00
a. I:; !<QOObioed Net IDCQOO!! L11s§ Ibao ~l ,QQQ? If yes, for each
parent enter the presumptive $50 oer child. - -
b. I§ MQOtbllo! Net locome Less Ibi!n Self-SUQQQc:I B11s11D£11? If yes,
for that oarent enter the oresumotive $50 oer child. - .
c. I§ MQD!hlj,! Net IDCOl!]!;1 G[eare[ Ihao Self-SUl)QQc:I Re§11rve! If
yes, for each parent subtract the self-support reserve from line 3.
If that amount is less than line 7, then enter that amount or the
presumptive $50 per child, whichever is areater. . .
9. Each parent's basic child support obligation after calculating
applicable limitations. For each parent, enter the lowest amount
from line 7, Ba - Be, but not less than the presumptive $50 per $556.94 $1,062.06
child.

Part Ill: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page B)

10. Health Care Expenses Father Mother


a. Monthly Health Insurance Paid for Child(ren) . $100.00
b. Uninsured Monthlv Health Care Expenses Paid for Childlrenl . .
c. Total Monthly Health Care Expenses
(line 10a plus line 1Ob) . $100.00
d. Combined Monthly Health Care Expenses
(line 1Oc amounts combined) $100.00
11. Day Care and Special Expenses
a. Da~ Care Exeenses . .
b. Education Expenses . .
c. Long Distance TransEJortation Exeenses . .
d. Other Special Expenses (describe)
. .
. .
. .
. .
e. Total Day Care and Special Expenses . .
(Add lines 11 a throu~h 11 dl
12. Combined Monthly Total Day Care and Special Expenses
(line 11e amounts Combined) .
13. Total Health Care, Day Care, and Special Expenses (line 1Od
plus line 12) $100.00
14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13) $34.40 $65.60

Part IV: Gross Child Support Obligation


15. Gross Child Suooort Obliaation (line 9 plus line 14) $591.34 $1.127.66
Part V: Child Support Credits (see Instructions, page 9)
16. Child Sunnort Credits
a. Monthly Health Care Expenses Credit . $100.00
b. Dav Care and Special Expenses Credit . .
WSCSS-Worksheets ·Mandatory (CSW/CSWP) 0712011Page2 of 5
c. Other Ordinary Expenses Credit (describe)
- -
- -
- -
d.Total Suooort Credits (add lines 16a throuah 16c\ - $100.00
Part VI: Standard Calculation/Presumptive Transfer Payment (see Instructions, page 9)
17. Standard Calculation (line 15 minus line 16d or $50 per child
whichever is areater\ $591.34 $1.027.66
Part VII: Additional Informational Calculations
18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each oarent\ $1.540.70 $2.940.96
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent) $139.24 $265.52
Part VIII: Additional Factors for Consideration (see Instructions, page 9)
20. Household Assets Father's Mother's
(List the estimated value of all major household assets.) Household Household
a. Real Estate - -
b. Investments
c. Vehicles and Boats
-
-
--
d. Bank Accounts and Cash - -
e. Retirement Accounts - -
f. Other: (describe) - -
- -
- -
21. Household Debt
- -
(List liens against household assets, extraordinary debt.)
a.
b.
-
-
--
c. - -
d.
e.
-- --
f.
22. Other Household Income
- -
a. Income Of Current Spouse or Domestic Partner
(if not the other oarent of this action)
Name - -
Name - -
b. Income Of Other Adults in Household
Name - -
Name
c. Gross Income from overtime or from second jobs the party
- -
is asking the court to exclude per Instructions, page 8 - -
d. Income Of Childlren\ (if considered extraordina~\
Name -- -
Name
WSCSS-Worlcsheets - Mandatory (CSW/CSWP) 0712011 Page 3 of 5
-
,.

e. Income From Child Sui:ii:iort


Name . .
Name . .

f. Income From Assistance Programs


Program . .
Program . .
_g.Other Income (describe)
. .
. .
23. Non-Recurrina Income (describe)
. .
. .
24. Child Support Owed, Monthly, for Biological or Legal Child(ren) Father's Mother's
Household Household
Name/age: Paid LI Yes LI No . .
Name/age: Paid [J Yes LI No . .
Name/aQe: Paid f I Yes fl No . .
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))

26. Other Factors For Consideration


FATHER'S INCOME ESTIMATED AT $50,000.

WSCSS-Worksheets ·Mandatory (CSW/CSWP) 0712011Page4 of 5


Other Factors For Consideration (continued) (attach additional pages as necessary)

Si nature and Dates


I declare, under penalty of perjury under the laws of the State of Washington, the information
contai ed in these Wori1:5heets is omplete, true, and correct.

Father's Signature

Date City

Judicial/Reviewing Officer Date

Worksheet certified by the State of Washington Administrative Office of the Courts.


Photocopying of the worksheet is permitted.
WSCSS-Worksheets - Mandatory (CSW!CSWP) 0712011 Page 5 of 5 SupportCa/c~ 2012
c:\legalplus\state templates\waworksheetdtf \\snoco\apps\.uc_apps\legalplus~ymour\seymour.scp 05/1112012 11 :56 am
I

Illlllll llllllCL15386462
Ill lllll lllll lllll lllll lllll lllll lllll llll llll

Superior Court of Washington


County of Snohomish
In re·
frMA+-fA J,k.lv'/. 1JSHflL Respondent's Notice of
Hearing for Adequate Cause
Petitioner, Determination
and
(Optional Use)
61 GfHAN 10 6bYNbu P- (NTHG)
Res ondent. [ ] Clerk's Action Required

To the Clerk of Court and to:

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.

~\5..._.,.../~;~;+-/~ci~o~/o>..._~---- ~d/74 "11-~ ,<;;; J2V) _,


~~~No.
Dated:

Notice to party: You may list an address that is not your


residential address where you agree to accept legal
6±-e1fhanle2·Symo11c
Print or ype Name
documents. Any time this address changes while this
action is pending, you must notify the opposing parties ~ P.o, B0< 139\9
in writing and file an updated Confidential Information
Form (WPF DRPSCU 09.0200) with the court clerk.

Respondent's Not of Hrng (Adequate Cause) (NTHG) - Page 1 of 1


WPF ORPSCU 07.0255 (612006) - RCW 26.09.260; .270; 26.10.200
,•
FILED
20/2f1AY 17

SUPERIOR COURT OF WASHINGTON


IN AND FOR SNOHOMISH COUNTY

CASE NO.

AMANA I KH tt6H£g,,_
CALENDAR NOTE: (NTC)

Petitioner(s) FAMILY LAW MOTIONS

vs. Unless otherwise provided by applicable rule or statute, this


form and the motion must be ftled with the Clerk not later
than twelve (12) calendar days preceding the date
• requested. Responses to motion must be filed five (5) £!ll!!!
63Ed~l-\14N. l'f. &YM 012£. days before the hearing. Replies to responses must be filed
Respondent(s) three (3) court days before the hearing. SCLCR 7(h)(2)(B)

TO: The Clerk of Court:

FAMILY LAW/DOMESTIC CALENDAR Daterequested: ,}vne \\ ~OB-,


(mm/dd/yyyy) ;}
Monday through Friday@ 9:00 a.m.
Department B or C as assigned. Nature of hearing: Ncx/1.hCQ.fzbn ~ f
/Jarenfi~ ..flaAl :PChilc/ Svff()rt.7
*Department assignment will be posted the day of the
hearing (Confirm hearing at 425-388-3587) ttfhf ofil er
1

CHILD SUPPORT MODIFICATIONS Date requested:


(mm/dd/yyyy)
Mondays @ I :00 p.m.
Department D Nature of h e a r i n g : - - - - - - - - - - - - -

(Confirm hearing at 425-388-3587)

PRO SE DISSOLUTION CALENDAR Date requested:


(mm/dd/yyyy) **NO CONFIRMATION REQUIRED**
Wednesday@ 12:30 p.m. only
Department C

Agreed Matters and Default Orders only


***NO CONTESTED MATTERS ***

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: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

S:IFORMSIFCOURTSERVICESIFAMILY LAWIOOMESTIC\Familylawcalendamote.Ooc, 10/1212011 1of3


.•

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.

CERTIFICATE OF SERVICE BY MAIL: Noted by:


I hereby certify that a copy of this document
and all documents listed on page 3 have been mailed to (Signature)
the attorneys/parties listed on page 3, postage prepaid
on the:
(Printed name)

Date (11111"ddlyyyy): - - - - - - - - - - WSBA#

Attorney for: (CHECK ONE)


(Signature) D Petitioner/Plaintiff D Respondent/Defendant
D Pro Se
(Printed name
FOR PARTIES PRO SE: Noted by: D Petitioner espondent

If service is required, you must also file a RETURN OF


SERVICE. Failure to do so may result in your hearing not (Petitioner's signature)
being heard.

Please check in the Law Library for more information


regarding service.

WHERE TO NOTE VARIO US MATTERS:

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.

Calendar Notes should be filed at: All Motions Heard At:


Snohomish County Snohomish County
Superior Court Clerk's Office Superior Court
3000 Rockefeller Ave MIS 605 3000 Rockefeller Ave
Everett, WA 98201 Everett, WA 98201

S:IFORMSIFCOURTSERVICES\FAMILY LAW\DOMESTIC\Famllylawcalendamote.Doc, 10/1212011 2 of 3


.•

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

List all documents mailed:

S:IFORMS\FCOURTSERVICESIFAMILY LAWIDOMESTIC\Familylawcalendamote.Doc, 10/1212011 3 ol 3


FILED
I 2012 JUN - 7 PH ~: 30
SONYA KRASKI
2 COUNTY CLERK
~NOHOHISH CO. WASH
3 ....

6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF SNOHOMISH

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA I.K.M. FISHER,
NOTICE OF APPEARANCE
10 Petitioner, (NTAPR)

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.

19 2. Without waiving objection as to improper service, failure of service, improper


jurisdiction or improper venue, I enter an appearance, and demand notice of all further
20 proceedings. I will inform the clerk of the court of any change in the firm's address.
Any notices may be sent to:
21
Brewe Layman
22 Attorneys at Law
P.O. Box 488
23 Everett, WA 98206-0488.
BREWE LAYMAN
Allomcys al Law
A Professional Scrvka Corporation
24 NOTICE OF APPEARANCE - I
333 COBALT BUILDING
25 3525 COLBY AVENUE

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

4
Byd-,1'4-l-IL:..:...:..~=1.,,~4"-~U....'l
5 R ca J. Torgerson
WSBA32956
6 Attorney for Respondent

10

11

12

13

14

15

16

17

18

19

20

21

22

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

7 Superior Court of Washington


County of Snohomish
8

9 In re the marriage of:

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

25

26
/./w ~

27

28
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:

PETITIONER APPEARED: YES COUNSEL: VERONICA FREITAS


RESPONDENT APPEARED: YES COUNSEL: REBECCA TORGERSON
GUARDIAN AD LITEM APPEARED: NOT PRESENT

DOCUMENTS FI LED :

ORDERS ENTERED: ORDER CONTINUING HEARING, TO BE FILED BY COUNSEL TORGERSON.

fROCEEDINGS/COURT'S FINDINGS:

THE PETITIONER HAS NOT PROVIDED A RESPONSE TO THE RESPONDENT OR PROVIDED


WORKING COPIES TO THE COURT. THE COURT GRANTS THE PETITIONER'S REQUEST TO
CONTINUE THIS MATTER SO THAT A RESPONSE CAN BE SERVED ON THE RESPONDENT. THIS
MATTER IS CONTINUED TO 9:00 A.M. JULY 18, 2012. THE PETITIONER'S RESPONSE OR
SUPPLEMENTAL RESPONSE ARE TO BE FILED NEXT WEEK. A COPY OF ALL OF THE
PETITIONER'S DOCUMENTS THAT HE HAS FILED IN THE COURT FILE NEED TO BE
PROVIDED TO RESPONDENT'S COUNSEL IMMEDIATELY.
THE COURT WILL SUSPEND THE RESPONDENT'S CHILD SUPPORT OBLIGATION PENDING
THE NEXT HEARING.

1 MINUTE ENTRY
FILED
2012JUN21 AM 9=33

I\ \ \ \~\ ~CL15316836
\ \ \ \ \ \ \ \ \ ~\ \ \ \ \ \ \ \ \ \ ~\ \
SONYA KRASKJ
COUNTY CLERK
SNOHOMISH CO. WASH

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR THE COUNTY OF SNOHOMISH

)
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

DONE IN OPEN COURT this date: ie r~ C /t 2.---

~"""COMMISSIONER
6101 page1ol2 v-c,rvr.J,;v- ~k

\\D
F\LEO
!81? AUG -2 AM 9: 48
soW!'A KR/I.SK\

~I~ /~I ~1 1 1 ~/~I /~I ~Il


coUNi'< CLERK
SNOHOH\SI·\ CO. WASH
2 11111111 Ill Ill/I II/I /Ill
3
CL15681220

6
IN TIIB SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR Tiffi COUNTY OF SNOHOMISH

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA l.K.M. FISHER,
AGREED ORDER RE ADEQUATE
IO Petitioner, CAUSE

11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14

15 I. BASIS

16 I.I A petition requesting the modification/adjustment of the custody decree/parenting


plan/residential schedule in this matter has been presented to the court.
17
1.2 A hearing was held on August 7, 2012.
18
II. FINDINGS
19
The court FINDS:
20
2.1 JURISDICTION.
21
This court has jurisdiction over the proceeding and the parties.
22
2.2 SERVICE ON NONMOVING PARTY.
23 Ord re Adequate Cause (ORRACD, ORRACG, ORH) - Page I of 3 BREWE LAYMAN
WPF DRPSCU 07. 0300 Mandatory (712007) - RCW 26. 09.260; .270; Attorneys at Law
A Profa1klnal ScrvkH Corpor•fioo
24
333 COBALT BUii.DING
25 3525 COLBY AVENUE
P.O.BOX488
£\'£RE1T, \\'ASHINGTON 98206-0488
26 Telephone (415) 152·5167

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.

7 The nonmoving party has not responded and is in default.

8 2.5 ADEQUATE CAUSE FINDING.

9 The parties stipulate that there is adequate cause for hearing the petition.

10 2.6 SERVICEMEMBERS CIVIL RELIEF ACT STATEMENT.

11 2.6.1 Service member status --- It appears the nonmoving party:

12 is not a service member;

13 2.6.2 Dependent of a service member status --- It appears the nonmoving party:

14 is not a dependent of a resident of Washington who is on active duty and is a


National Guard member or a Reservist;
15
Ill. ORDER
16
IT IS ORDERED:
17
The matter is set for hearing or trial at the date or time established or to be established.
18
Respondent/Mother's child support obligation is terminated immediately. The issue of child
19 support is reserved pending agreement or court order.

20 DONE IN OPEN COURT this 2._ day of August, 2012.


21

22 COMMISSIONER

23 Ord re Adequate Cause (ORRACD, ORRACG, H) - Page 2 of 3 BREWE LAYMAN


WPF DRPSCU 07.0300 Mandatory (712007) - RCW 26.09.260; .270;. Attomeys al Law
"- Profeuioaal Servlca Corpontion
24
JJJ COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVERETT. WASHING'rON 98206-4U88
26 Telephone (425) 252-5167
Facsimile (425) 2~9055
Presented by:
2
BREWELAYMAN
3

7 Copy Received, Approved by Entry,


Notice of Presentation Waived:
8

9 By udi---
Veronica Freitas, WSBA 19405
IO Attorney for Petitioner
11

12

13

14

15

16

17

18

19

20

21

22
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

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA LK.M. FISHER,
NOTICE OF INTENT TO
10 Petitioner, WITHDRAW

II and
12
· STEPHANIE J. SEYMOUR,
13
Respondent
14

15 TO: Stephanie J. Seymour


P. 0. Box 13919
16. Mill Creek, WA 98082

17 TO: Veronica Freitas, Attorney for Petitioner

18 TO: The Cle_rk of the Court

_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

is ORIGINAL 333 COBALT BlnLDING


JS25 COLBY AVENUE
P.0.BOX488
P.Vlo:REn, WASHINGTON 9811J6..0.C88
-Telephone (425) l.~-5167
26 Facsimile (42!!) 252-9055
court unless' an objection to the withcirawal is served upon said withdrawing attorney prior to the
2 date set forth in this notice. There is no trial,date_scheduled.

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
6
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).
8

9
Dated this ic; day of September, 2013 ..
10

11

12

13

14

15

16

17

18

19

20

21

22

23 BREWE LA VMAN
Attomey1 al Law
A PrVrcS:sfaDal Stryl~. Corpcindon
24
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\

~I~ /~I ~1 1 1 ~/~I /~I ~Il


coUNi'< CLERK
SNOHOH\SI·\ CO. WASH
2 11111111 Ill Ill/I II/I /Ill
3
CL15681220

6
IN TIIB SUPERIOR COURT OF THE STATE OF WASHINGTON
7 IN AND FOR Tiffi COUNTY OF SNOHOMISH

8 In re the Marriage of:


No.: 05-3-02756-0
9 AMANA l.K.M. FISHER,
AGREED ORDER RE ADEQUATE
IO Petitioner, CAUSE

11 and
12 STEPHANIE J. SEYMOUR,
13
Respondent
14

15 I. BASIS

16 I.I A petition requesting the modification/adjustment of the custody decree/parenting


plan/residential schedule in this matter has been presented to the court.
17
1.2 A hearing was held on August 7, 2012.
18
II. FINDINGS
19
The court FINDS:
20
2.1 JURISDICTION.
21
This court has jurisdiction over the proceeding and the parties.
22
2.2 SERVICE ON NONMOVING PARTY.
23 Ord re Adequate Cause (ORRACD, ORRACG, ORH) - Page I of 3 BREWE LAYMAN
WPF DRPSCU 07. 0300 Mandatory (712007) - RCW 26. 09.260; .270; Attorneys at Law
A Profa1klnal ScrvkH Corpor•fioo
24
333 COBALT BUii.DING
25 3525 COLBY AVENUE
P.O.BOX488
£\'£RE1T, \\'ASHINGTON 98206-0488
26 Telephone (415) 152·5167

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.

7 The nonmoving party has not responded and is in default.

8 2.5 ADEQUATE CAUSE FINDING.

9 The parties stipulate that there is adequate cause for hearing the petition.

10 2.6 SERVICEMEMBERS CIVIL RELIEF ACT STATEMENT.

11 2.6.1 Service member status --- It appears the nonmoving party:

12 is not a service member;

13 2.6.2 Dependent of a service member status --- It appears the nonmoving party:

14 is not a dependent of a resident of Washington who is on active duty and is a


National Guard member or a Reservist;
15
Ill. ORDER
16
IT IS ORDERED:
17
The matter is set for hearing or trial at the date or time established or to be established.
18
Respondent/Mother's child support obligation is terminated immediately. The issue of child
19 support is reserved pending agreement or court order.

20 DONE IN OPEN COURT this 2._ day of August, 2012.


21

22 COMMISSIONER

23 Ord re Adequate Cause (ORRACD, ORRACG, H) - Page 2 of 3 BREWE LAYMAN


WPF DRPSCU 07.0300 Mandatory (712007) - RCW 26.09.260; .270;. Attomeys al Law
"- Profeuioaal Servlca Corpontion
24
JJJ COBALT BUILDING
25 3525 COLBY AVENUE
P.O.BOX488
EVERETT. WASHING'rON 98206-4U88
26 Telephone (425) 252-5167
Facsimile (425) 2~9055
Presented by:
2
BREWELAYMAN
3

7 Copy Received, Approved by Entry,


Notice of Presentation Waived:
8

9 By udi---
Veronica Freitas, WSBA 19405
IO Attorney for Petitioner
11

12

13

14

15

16

17

18

19

20

21

22
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
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
-
02756 0
CASE TYPES 3 - 6
~~"""'s~ur-----~ COUNTY SUPERIOR COURT
CASE INFORMATION COVER SHEET
Case Title ~S c:c,cy:: ~\S~i!?-
Attomey Name ~ "".:> ~~ar Membership Number l 2-<:;,.~ S.
Please check one category that best desaibes this case for indexing purposes. Accurate case indexing not
only saves time in docketing new cases,
but helps in forecasting needed judicial resources. cause of action .
definitions are listed on the back of this. form. Thank you for your cooperation. ·

DOMESTIC RElATIONS ADOPTION/PATERNITY


AnnulmenUlnvalidity (INV 3) Adoption (ADP 5)
Child Custody (CUS 3) Confidential lntennediary (MSC 5)
~ Dissolution with Children (DIC 3) Initial Pre-Placement Report (PPR 5)
Dis5olution with no Children (DIN 3) Modification (MOD 5)
Foreign Judgment (FJU 3) Paternity (PAT 5)
Legal Separation (SEP 3) Patemity/URESA/UIFSA (PUR 5)
Mandatory Wage Assignment (MWA 3) Relinquishment (REL 5)
Modification (MOD 3) (Tille 26)Tennination of Parent-Child Relationship
Modification: Support Only (MOS 3) (TER 5)

Oul-of-State Custody (OSC 3) PROBATE/GUARDIANSHW


Reciprocal, Respondent in County (RIC 3) Absentee (ABS 4)
Reciprocal, Respondent Out of County (ROC 3) Disclaimer (DSC 4)
DOMESTIC VIOLENCE/AHTIHARASSMENT Estate (EST 4)
_ Confidential Name Change (CHN 5) Foreign Will (FNW 4)
Guardianship (GON 4)
MENTAL ILLNESS
GuardianshiplEstate (G/E 4)
Alcoholic/Drug Treatment (ALT 6)
Limited Guardianship (LGO 4)
Mental Illness-Adult (Ml 6) Minor Settlement (Wrth guardianship) (MST 4)
Mentar Illness-Juvenile (MIJ 6) .Non-Probate Notice to Creditors (NNC 4)
Will Only (WLL 4)

If you cannot determine the appropriate category, please describe the cause of action below.

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