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RECEIVED 8/29/2006d.1.~2~12 PM------
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RECEIVING # 9ii~¡~'i:¡: 92 / (JQ
BOOK: 632 PAGE: 815
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, wy 000015 .'
IN TIlE CIRCUIT COURT OF TIlE STA1E OF 0RffiON i/Y
FOR TIlE COUNTY OF BENTON . Lf 0 ~ Π[]J
No. CV 91-0325 AUG 1 5 199
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Petitioner,
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STIPULATED JUDGMENT OF
DISSOLUTION OF MARRIAGE
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CIRCUIT COURT TRIAL CO R CLERK
BENTON COUNTY, 0 E ,~fì f\...-.-
Deputy
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In the Matter of the Marriage of
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and
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Respondent. )
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LINDA HARPOLE GOWER,
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ROGER EUGENE GOWER,
Jdmi i::,¡ ;:'¡¡:ry
Date: S -/5-C} I
Netico' Pitt aD-L·//-
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This matter came before the court on the motion and affidavit of Petitioner and the
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stipulation of the parties for a judgment dissolving their marriage. Respondent is represented by
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Paul Saucy. Petitioner is represented by John C. Gartland. The court having been presented with
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this form of stipulated judgment of dissolution, having reviewed the records and documents on file
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herein, and being fully advised in the premises, makes the following findings:
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1. There existbetween Petitioner and Respondent irreconcilable differences which have
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cause:d the irremediable b.reakdown of their marriage.
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The court has jurisdiction over Petitioner and Respondent.
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3.
Petitioner and Respondent were married on April 7, 1963 at Dyer, Tennessee.
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4.
Petitioner is not now pregnant.
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5. The children born as issue of this marriage have attained the age of majority and are
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not subject ,to the jurisdiction of this court.
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IIIII
page
1 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P.c.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
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03Z1~)58
000016
6. Petitioner's address is 25737 SW Airport Road, Corvallis, Oregon 97333; her
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birthdate is December 30, 1941; her age is 49; her social security number is 409-70-7788.
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7. Respondent's address is 36 Bayridge Drive, Apt. K, Nashua, NH 03062; his birth date
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is July 10, 1940; his age is 51; his social security number is 412-66-9586.
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8.
For a period of six (6) months immediately prior to the filing of her petition for
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dissolution, Petitioner continuously has been, and now is, a resident and inhabitant of the state of
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Oregon.
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This marriage should be dissolved and Petitioner and Respondent should be granted
the relief hereinafter set forth.
1991.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
I. The marriage ofthe parties is dissolved effective on the iL day of 'j: if /t-;.- .
2.
The property of the parties shall be divided as follows:
2.1
Petitioner shall receive free from any claim of Respondent:
2.1.1 The parties shall divide between themselves the personal property and
household possessions, not otherwise specifically described herein.
2.1.2 The 1989 Mercedes 560SL, Oregon license no. PTJ 092.
2.1.3 The 1983 Chevrolet Cavalier, Oregon license no. L WG 170.
2.1.4 Her Shearson Lehman IRA.
2.1.5
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Her account at Farmers and Merchants Bank, account no. 0347159.
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Her account at Waldport First Interstate Bank, account no. 3130024325.
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2.1.6
2.1.7 The Navy Mutual Aid insurance: account no. 0674150.
2.1.8 The New York Life insurance, account no. 30672266.
page 2 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P.C.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
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2.1.9 Prudential Life, account no. R 79223131.
0000:17
2.1.10 Prudential Life, account no. 31876896.
2.1.11 American Guaranty Life, account no. 3694014.
2.1.12 The IDS Annuity.
2.1.13 One-half of the proceeds from the sale of the 1966 Chevrolet pickup
and the parties horses.
2.1.14 25,000 unit options of Datamedia Corporation stock when and if
Respondent's claim to said options mature. The options are valued at $2 per share.
2.1.14.1 Petitioner shall be solely responsible for paying the price
to exercise the option. Respondent shall timely provide Petitioner with all
notices, financial and other information pertaining to the shares so that she
can timely utilize her option of purchase.
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2.1.14.2 In the event of a merger, acquisition, or other business
combinations in which Datamedia is not the surviving entity, all of Petitioner's
interest in the referenced unit options shall vest immediately prior to that
event. Respondent shall take the same steps prior to protect Petitioner's
interest in the options that he takes to protect his own.
2.2
Respondent shall receive free from any claim of Petitioner:
2.2.1 The parties shall divide between themselves the personal property and
household possessions, not otherwise specifically described herein.
2.2.2 The satellite dish and large screen television.
2.2.3 The property located ill Star Valley, Wyoming. '
2.2.4 The 1987 Cadillac, Oregon license no. NKV 214.
2.2.5 All unit options of Datamedia Corporation, save and except for the
25,000 unit options awarded to Petitioner herein. The parties believe this to be
300,000 unit options.
2.2.6 His Intelledex 401K.
2.2.7 His Datamedia Corporation 401K.
3 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P.c.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
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2.2.8 Shearson Lehman IRA.
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2.2.9 Shearson Lehman, account no. 8620905318087
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2.2.10 Shearson Lehman, account no. 8620695216087.
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2.2.11 Reich & Company, account no. 41700529.
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2.2.12 His account at Navy Federal Credit Union, account no. 0059150003.
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2.2.13 One-half of the proceeds from the sale of the 1966 Chevrolet pickup
and the parties horses.
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2.3
Petitioner and Respondent shall equally divide any monies received from
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Datamedia Cash Protection Guarantee relating to the sale of the parties' Corvallis property.
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Respondept shall take reasonable efforts to cause Datamedia to issue separate checks to
each party representing their entitlement to said benefit and to further issue appropriate tax
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reporting documents. Each party shall be responsible for the payment of any tax due as a
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result of the money they actually receive from Datamedia.
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3.
Petitioner and Respondent are awarded the following properties as equal co-tenants
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3.1
The real property located at 25737 SW Airport Road, Corvallis, Oregon, more
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particularly'described as:
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PARCEL I:
21 Beginning at an iron rod in the center of the county road, said rod being South 0022'
East 1655.48 feet and South 89°58' East 110.00 feet from the Northwest corner of the
22 Bushrod W. Wilson Donation Land Claim No. 64 in Section 30, Township 12 South,
Range 5 West, Willamette Meridian in Benton County, Oregon; running thence North
23 41 °30' East 681.09 feet to a point in the center of the public road; thence South
40°11'45" East 466.46 feet; thence on a 30° curve to the right a distance of 134.10 feet
24 (long chord South 20°06'52" East, 131.36 feet); thence South 0°02' West, 30.05 feet to
the center of the county road, thence North 89° 58' West, 798.39 feet to the point of
25 beginning.
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page 4 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P.c.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
:'-:';';';~~',.';".f;'. '-'.' ::~~ '.'.< ''''.:-: ::i;~::';!¡·.Ï':,:¡:"::I;tl¡f.·; ;;: ';':.,. ;,". .' '¡:. ·-~T;';~.';';~:'r..,:,)~;~".".çrJ~r.-.~WJ,~~I"ß;;i;ifitfi'.n-;~;:';IT1··,r 0.".,..-.. , 1, .~.:,~~.!.:.:o].:'~f:Ú _ ':'_ .' ';i'i' ,;:~,' . . - - ,,;'¡ \"I\,~¡,r."'.;.-'!,"',j.'J._:'·, ~':: ;. ,'.,1:':,:,'., 'C':.~ ;~:I:æ:~\'i~;;·..~f;;<;·;:~~~:.. .:, '.:\~f' ~.~I!I; ;I:I:':I!f!~~Ó'!",!!:"",\
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sold.
0921858
00001.9
PARCEL II:
Beginning at an iron rod in the center of the county road and on the West line of and
South 0°22' East 1655.48 feet from the Northwest corner of Donation Land Claim No.
64, Township 12 South, Range 5 West, Willamette Meridian, Benton County, Oregon;
running thence South 89° 58' East down said county road 110 feet; thence North 41°30'
East 681.09 feet to the centerline of a public road; thence North 40°11'45" West, 50.00
feet; thence on a 20° curve to the right distance of 39.35 feet; thence South 57°40'25"
West 30,00 feet to a 5/8 inch rod; thence North 76° West, 499.61 feet to a iron pipe
on the West line of said Donation Land Claim No. 64; thence South 0°22' East 684.78
feet to the point of beginning.
EXCEPT that portion deeded to Benton County by deed recorded October 19, 1978
under Instrument No. 99784, MicrofIlm No. 100390, MicrofIlm Records.
3.2
The real property located in Newport, Oregon, more particularly described as:
The North 70 feet of the South 210 feet of the North 610 feet of U.S. Lot 1, lying
Westerly of the Oregon Coast Highway in Section 18, Township 12 South, Range 11
West, WilIamette Meridian, in Lincoln County, Oregon.
3.3
SUBJECT TO: the rights of the public in and to that portion of the premises
herein described lying within the limits of roads, streets and highways. Further subject
to the rights of the public and governmental bodies in and to that portion of the
premises herein described lying below the mean high water mark of the PacifIc Ocean
and the ownership of the State of Oregon in that portion lying below the high water
mark thereof, and further subject to rights of the public and of the State of Oregon in
the ocean shore and dry sands area as declared acquired under the provisions of
Chapter 601 of Oregon Laws of 1967 and Chapter 601 of Oregon Laws 1969, or
otherwise, and further subject to any adverse claim based on the assertion that some
portion of said land is now or at any time has been within the boundaries of the Pacific
Ocean or the assertion that any portion of said land has been created by artifIcial
means or has accreted to such portions so created, and further subject to the
regulations, including the levies, liens and assessments, rights of way and easements of
the Seal Rock Water District. ! ;
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The properties are currently listed for sale and shall remain so until actually
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The proceeds from the sale of the Corvallis property shall be distributed in
3.4
the following order of priority:
3.4.1 Payment of a debt due Bank of America. Said debt is secured by an
interest in the property.
3.4.2 Payment of all costs of sale including but not limited to: title reports,
closing costs, real estate sales commissions and property taxes due but unpaid.
5 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P.c.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
" ;. .',!; r, ';....I~;.', ;'. ,..~;'.-;.,. '-', .... " 'r}:; : ,',:': ::" '. ~_.:.~ ,:.!,..... :,: ;. ' , . ,': -;:; . . . ¡t; : ", ';" ' .: .;. !:"t: .~¡!:¡!~, ;. '"1'.:.>;-riiU'J:'.": '.. " '., . _' "
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0321.858
000020
3.4.3 Any remaining proceeds from the sale of said property shall be evenly
divided between Petitioner and Respondent.
3.5
The proceeds from the sale of the Newport property shall be distributed in the
following order of priority:
3.5.1 Payment of all costs of sale including but not limited to: title reports,
closing costs, real estate sales commissions and property taxes due but unpaid.
3.5.2 Payment of the debt due the Sleeman Estate under the terms of which
Petitioner and Respondent purchased the property.
3.5.3 Any remaining proceeds from the sale of said property shall be evenly
divided between Petitioner and Respondent.
3.6 Petitioner shall have exclusive right to use and occupy said properties so long
as said properties are not sold. Petitioner shall:
3.6.1 Be responsible for all repairs to each property. "Repairs" are defined
as monies expended for ordinary and routine services necessary to keep each
property in its present condition and state of marketability, Major repairs relating
to the roof, heating system, electrical system, plumbing, wiring, siding, and the like,
are excluded from this provision. Improvements of this type shall be made only upon
joint agreement of the parties. Each party shall be responsible for payment of one-
half of said improvements.
3.6,2 Pay the mortgage (principal and interest), home owner's insurance, and
utility bills as they become due beginning July 1, 1991. If any of these payments are
in arrears at the time of the closing of the sale of the properties, the amount of the
arrearage shall be deducted from Petitioner's portion of the proceeds. Each party
shall be responsible for payment of one-half of the property taxes due. The property
taxes shall be paiò from the sale proceeds. ! !
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3.6.3 Fully cooperate with all real estate sales agents in showing each
residence to prospective buyers and to the real estate sales agent who might want to
familiarize themselves with each property. Petitioner shall at all times maintain each
property in a clean and orderly manner to make the properties as attractive to
potential buyers as is possible through ordinary care.
3.7
All disputes arising from this section of the judgment including, but not limited
to, appropriate listing price and sale terms, shall be submitted to arbitration. The parties
6 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P.c.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
··~';·J·~~"'~~N' ¡;:~··">"~"-!';;;/~:~~'~'¡'} "!.I';I'j"i~~~.,,,¡.,,:;:::· .:..~'·~'-t·~;;:-t!E"¡~;.!1¡'¡;FPT<F.~;IJ;'~::r..¡;'~;~i~-il>~,:J'... ,.,. . >.::'::: ,,:,, ,;1; :'. ;', '.·f·~'."-""'"'J.!i·;'!;·;'.','~:;'¡. '\y. ~-. ':'~"'9""""-'::.J1',\!J.':'.~"'~"'-":;' ~~, ~,~; ",,¡~,I~~:¡;tT.."3;,¡.;t.~:+~~~::;~;r.\;&~""jJ;"j¡;¡;;.'.;,.r'''';.;';10!''I¡~!i!i~..=.;;"
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0921858
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('''::;0021
shall select one arbitrator by mutual agreement. In the event they cannot agree, each party
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shall select an arbitrator. The two arbitrators, if they cannot reach a decision within thirty
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days of their selection, shall select a third. The decision of the one arbitrator, or if the
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parties cannot agree and use three arbitrators, a majority of the arbitrators, shall bind the
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parties. The procedures and rights set forth in ORS 36.300-36.365 shall apply to determine
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the rights of the parties in arbitration proceedings. Each party shall pay one-half of the cost
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of the arbitration.
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3.8 Each party shall be responsible for the payment of any tax due any taxing
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authority on a portion of the sale proceeds that party actually receives. Each party shall pay
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said tax when due and indemnify and hold the other party harmless the~efrom,'
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4. The liabilities and debts of the parties shall be paid as follows: I
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4.1
Each party shall pay the debts incurred by that party since July 1, 1991, and
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hold the other party harmless therefrom.
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4.2
There are no joint marital debts of the parties other than the debts due the
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Sleeman Estate relating to the Newport property and the Bank of America relating to the
Corvallis property.
4.3
Neither Petitioner nor Respondent shall charge upon the credit of the other
without specific permission to do so.
4.3.1 Petitioner shall be entitled to convert the DGc Services Mastercard,
account no. 5410589761144976 to her own name. She shall pay, indemnify, and hold
Respondent harmless from said debt.
4.3.2 Respondent shall be entitled to convert the DGc Services Visa,
account no. 4630009761144972. He shall pay, indemnify, and hold Petitioner
harmless from said debt.
7 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P. C.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
'.'...'....'....................,,
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support.
09Z18SS 000022
4.3.3 Unless otherwise agreed between the parties, all other outstanding joint
credit cards which are in the names of both parties shall be immediately returned to
the issuing creditor with instructions to close the account.
4.4 If either party fails to pay any debt or liability as set forth herein, the other
party shall have the right, but not the obligation, to make any payment due provided the
nonpaying party is given 10 days prior written notice of the party's plan to make payment.
The written notice shall be effective when actually delivered, or if notice is mailed, when
deposited as registered or certified mail to the address where the non-complying party
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normally receives mail, or such other address as that party has specifically designated for
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the purposes of receiving said notices.
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4.4.1 If payment is made, the party who failed to pay shall be responsible for
reimbursing the amount paid to the party who did make the payment together with
interest computed at the same rate charged by the creditor on the obligation to
which payment was made. Interest shall accrue from the time payment is made until
full reimbursement is made.
4.4.2 A party who pays the other party's debt pursuant to this provision is
hereby authorized to deduct the amount of money so paid from any payment then
or thereafter due or owing the other party, including from any obligation to pay
support.
5.
Judgment shall be entered in favor of Petitioner and against Respondent for spousal
5.1 The amount and duration of the support shall be as follows:
5.1.1 The base spousal support award shall be $6,000 per month. Payments
shall terminate upon Respondent's death, Petitioner's death, or upon further order
of this court, whichever shall first occur.
5.1.2 The sum of $1,750 per month for each month the parties own the
Corvallis property. This payment shall terminate upon Respondent's death,
Petitioner's death, or the first day of the month in which the sale of the Corvallis
property closes, whichever shall first occur.
8 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P.c.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
. "":.',:~~;~':!I.>~.;,;.:,:~.,~;::,;\...; ·-::'·":.f.~l..;,!.~~ ;':(,.:*~t>:.. ';,: .;.;¡...: ··;~,;r2ii;GHi¡¿UIw..'D-J!i1.J~'1ftI'~œ;-~,;,;:',· '.' ;<,::";' .-: _,,': :;'...'.I;tôVñr.ro'i~";r¡';';';', _ ~_C"',":"
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0921.858
OQ(?O~3
2
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5.1.3 The sum of $600 per month for each month the parties own the
Newport property. This payment shall terminate upon Respondent's death,
Petitioner's death, or the first day of the month in which the sale of the Newport
property closes, whichever shall first occur. '
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5.1.4 $21,700 due by December 31, 1991.
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5.1.5 $14,300 due by December 31, 1992.
5.1.6 $12,000 due by December 31, 1993.
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5.2
All support payments shall begin July 1, 1991 and shall be due on the first day
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of each month unless otherwise indicated herein.
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5.3
All payments shall be made by Respondent directly to Petitioner.
5.4
Pursuant to Internal Revenue Code Sections 71 and 215, the support payments
shall be included as income on Petitioner's income tax returns and be' a deduction on
Respondent's income tax returns.
6. Each party shall pay their own attorney fees and court costs incurred In this
proceeding.
7.
Each party shall, within 30 days of the date of this judgment, execute, acknowledge
and deliver any and all documents and instruments necessary to complete the transfer of any
property as ordered in this judgment of dissolution. If any party fails to comply with this provision,
this judgment shall operate to convey title to the party to whom such property is awarded.
MONEY JUDGMENT PURSUANT TO ORcP 70A
Judgment Creditor: Linda Harpole Gower
Judgment Creditor's Attorney:
John C. Gartland
,
Judgment Debtor: Roger Eugene Gower
IIIII
9 - STIPULATED JUDGMENT OF DISSOLUTION
LAW OFFICES
SAUCY & LIPETZKY, P.c.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362-9330
:' :v· ';~~::;';i~reœ·~,.<q~.:.t;'.;:·¡::.~::'i$.ì:i-'I"ilm~Ht:-<ff'.;M,¡('.;;H;:.:.., -·_·,·.~;~..?~~~¡¡,¡~~û:;~~~~'~::':'T,:';';"':· ',;.. '.'r,¡I;'''.'i'f!i!P.t!i!i~¡!i~''''.~!,~ .~,." ,;.'.",
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Judgment Amount:
2
Spousal support:
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Prejudgment Interest: None
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Attorney Fees: None
0:3:¿18S8
000024
Up to $ 71, Booin 1991
Up to $114.500in 1992
Up to $98, lOOin 1993
No more than $6,000 per month beginning January 1, 1994,
unless the real properties described herein have not previously
been sold.
',",
~ine percent (9%) per annum simple interest on suppoÌt årrearages from the date
the arrearage accrues until paid. .
Support judgment accrues on the first day of each month commencing the first day
of July, 1991.
DATED this a day of August~ 1991, at Corvallis, Oregon.
Respondent :' "
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36 Bayndge Dnve,Apt.JÇ.}~,,'~,.' j/iI"~"'ì~'~';; ,
Nashua, NH 030~2/' /');~ (q;¡.'\,
SS No. 412-66-9586:,," ""', .... ';C' ~
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LAW OFFICES
9
Costs: None
10 - STIPULATED JUDGMENT OF DISSOLUTION
SAUCY & LIPETZKY, P. C.
265 STATE STREET, SUITE 210 SALEM, OREGON 97301 TELEPHONE (503) 362.9330
by
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Post judgment Interest:
Periodic Accrual:
IT IS SO STIPULATED:
~g~
n . artland, OSB #77428
Attorney for Petitioner
Petitioner
25737 SW Airport Road
Corvallis, Oregon 97333
SS No. 409-70-7788
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0921858
Business:
000025
Datamedia Corporation
20 Trafalgar Square
Nashua, NH 03063
2
3
4 Children born as issue of this marriage: Elaine Ann Lennard, born April 5, 1965
Michael Scott Gower, born June 10, 1969
5
6
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7
NOTICE OF INCOME WITHHOLDING
8
The support order is enforceable by income withholding under ORS 25.310. Withholding may
occur whenever there are arrearages at least equal to the support payment for one month, or
whenever the obligated parent requests such withholding. The district attorney, or, as appropriate,
the Support Enforcement I)ivision of the Department of Justice, will assist you in securing such
withholding. '
9
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Submitted by:
Paul Saucy, OSB #79374
Of Attorneys for Respondent
11 - STIPULATED JUDGMENT OF DISSOLUTION OF MARRIAGE
page 73091 F:\USERS\BOBBI\JUDGMENT\GOWERsn
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LAW OFFICES
SAUCY & LIPETZKY, P.c.
265 STATE STREET, SUITE 210 SALEM. OREGON 97301 TELEPHONE (503) 362-9330
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THIS INDENTURE, made this 20th day of April , 19~,
by and between LEISURE V ALLEY, INC., a Corporation organized and existing under
and by virt,ue of the laws of the State of NEVADA, duly authorized to do business in the
State of WYOMING and having its principal place of business in the County of Lincoln,
State of Wyoming, the GRANTOR, and ROGFR F. GOWER and
LINDA H, GOWER, Husband and Wife as Joint Tenants
000026
of the County of
the GRANTEE, whose address is
,State of Cal ifornia
573 Burns Circle
San Ramon, California 94583
WITNESSETH: That the GRANTOR, for and in consideratioI,1 of TEN DOLLARS
($10.00) in hand paid, the receipt whereof is hereby acknowledged, does, by these pres-
ents, grant, bargain, sell, CONVEY AND WARRANT unto the said GRANTEE, all that
certain tract, lot, piece, and parcel of land situate in the County of Lincoln, State of
Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead
exemption laws of the State, to-wit:
'.
LOT TWELVE (12) in STAR VALLEY RANCH PLAT EIGHT (8)
as platted and recorded in the Official Records of
Lincoln County, Wyoming.
RESERVING THEREFROM all rights, title, and interest in and to any and
all minerals,and rights appertaining thereto.
Subject to all declarations of covenants, conditions and resrictions of record,
IN WITNESS WHEREOF, the Grantor has caused its cOrporate seal to be here-
unto affixed, and these presents to be signed by its duly authorized officer, the day and
year, first above written,
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LEISURE VALLEY, INC.
A Nevada Corporation
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P'eBidenl
;;'l'A'fE OF
('Ol1,NTY OF
Nevada
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The foregoing instrument was acknowledged before me by
and Alden L. Stewart
,this 20 day of April ,19~.
Witness my hand and ~tlìcial seal.
My Commission expires: 0 \ ,d
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Paul Judd
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