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HomeMy WebLinkAbout876151 IN THE BISTRIOT OeU¢?]O~ TME"TSlRD 4UDIOIAL DISTRIOT IN AND FOR LINOOLN OOUNR, STATE OF ~O~IN~~ ROBERT WAYNE PINTER, JR., ) Plaintiff, ) vs ) Civil No. 10,292 KRISTI LYNNE PINTER, ) ) Defendant. ) JUDGMENT AND DECREE OF DIVOROF The above-entitled action, came before the Coud for headng on Plaintiff appeared by and through his a~orney, John A. Thomas. Defendant did not appear, but both padles executed a Stipulation which is on file herein. The coud has reviewed the evidence and examined the file herein and finds generally for the Plaintiff on his Complaint. The Cou~ fudher finds that the Plaintiff has resided in Lincoln Count, Wyoming for more than 60 days preceding the date his Complaint was filed; that the padies were married October 25, 1.985 at Randolph, Rich CounW, Utah and are still husband and wife; that irreconCilable differences exist in the marriage; and that the padies have entered into a Stipulation concerning custody, visitation, child suppo~, health insurance coverage, dependency exemption, attorney's fees, alimony, and division of prope~ and debts, the terms of which should be incorporated herein. IT IS THEREFORE HEREBY ORDERED, ADJUDGED AND DECREED: 1. That Plaintiff is awarded an absolute divorce from the Defendant. 2. Plaintiff and Defendant shall have joint legal custody with Defendant having pdmaw physical custody of said minor children, namely Miles Richard Pinter, bom October 29, 1986, Karess Adare Pinter, born October 17, 1988, Philip Robert Pinter, born July 17, 1990, Bracken Earley Pinter, bom Januaw 15, 1993, and Zoee Nicole Pinter, bom August 18, 1997. The Plaintiff shall have reasonable visitation rights with the children including every other week-end beginning at 6:00 p.m. on Fdday and ending at 6:00 p.m. on Sunday, alternating holidays with the Plaintiff having the Easter/Spring and Labor Day Holidays in odd numbered years and the Defendant having Memodal Day and Thanksgiving Holidays in odd numbered years. The Christmas/New Years holiday period shall be split with the Plaintiff having the first half in odd numbered years beginning at 6:00 p.m. of the evening prior to the first day of school vacation until midway'through the vacation at 6:00 p.m. and the Defendant having the second half from 6:00 p.m. midway through the vacation until 6:00 p.m. the evening prior to commencement of school. Even numbered years to be reversed, with Plaintiff having second half and Defendant having first half of Christmas/New Year holiday. The minor children shall reside with the Defendant for six continuous weeks during the school summer vacation until the minor children reach the age of majority, are emancipated, or further order of the court. The Plaintiff shall have every other weekend visitation with the children dudng the Defendant's summer visitation. Visitation transportation expenses shall be divided equally unless either party moves more than 50 miles from Kemmerer and then the moving party shall pay all visitation transportation expenses. 3. Plaintiff shall pay to Defendant the sum of $1,125.00 per month, as and for child support beginning June 1, 1999 and continuing each and every month thereafter on the 1st day of each month until such time said minor children are married, die, become self supporting, permanently leave the household of the Defendant, reach the age of majority, are emancipated, or until further order of the court. Child support shall continue until age 20 if the child is attending high school or an equivalent program as a full time participant. The amount calculated using the guidelines set forth in W.S. §20-6-304(a) is $1,156.97. The parties acknowledge that the child ROBERT WAYNE PINTER, JR. v, KRISTI LYNNE PINTER Judgment and Decree of Divorce Page 2 support set by this agreement is below the child support guidelines. The reasons for deviation from the guidelines are the' amount of time the children will be with Plaintiff and the fact that Plaintiff is presently carrying health insurance on the children. Payment of Said child support shall be mailed to the Clerk of Distdct Ceurt, 925 Sage Avenue, Kemmerer, WY 83101, to be then forwarded to Defendant. Said child support shall be abated by one-half (~) of the daily support obligation for each day the noncustodial parent has physical custody of the child for whom support is due,. provided that the noncustodial parent has Custody of the child for more than fourteen (14) consecutive days. Overnight and weekend visits with the custodial parent shall be disregarded in computing abatement. The noncustodial Parent shall file any claim for child support abatement with the Clerk of Court within thirty (30) days after the pedod for which abatement is claimed and shall pay to the clerk the sum of one dollar ($1.00), The clerk shall mail a copy of the claim to the custodial parent at the address provided to the clerk by the custodial parent. The custodial parent may object to the abatement claim by filing an objection with the Clerk of Court within thirty (30) days of the date the clerk mailed the notice of claim for abatement and shall pay to the clerk a fee of one dollar ($1.00). The clerk shall mail a copy of the objection to the noncustodial parent at the address provided to the clerk by that parent. Claims or objections not timely filed or not accompanied by the requisite fee are barred. The clerk shall notify the court of claims' and objections not barred and the court shall promptly resolve the differences, with or without a hearing, and enter an appropriate order. 4. Any current or future payor of income shall withhold a portion of the income as provided by W.S. §20-6-201 through 20-6-222 to provide for payment of support directed by this order. Said Income Withholding Order shall become effective immediately. 5. The addresses, phone numbers, and social secudty numbers of the parties are: ROBERT WAYNE PINTER, JR. v. KRISTI LYNNE PINTER Judgment and D~ree gf Divorce Page 3 Robert Wayne Pinter, Jr. ~ ~ Ii/ C/O Cloyd Comia P. O. Box 280 Woodruff, UT 84086 0425-23-9317 (435) 793-4578 Kristi Lynne Pinter 1909 Del Rio Drive Kemmerer, WY 83101 529-98-9686 (307) 877-9201 6. The name, address and phone number of the'employer of each party is: Plaintiff: P & M Coal Mining Company P. O. Box 6518 Englewood, CO 80155-6518 (307) 828-2200 Defendant: Self-employed - Day Care 1909 Del Rio Ddve Kemmerer, WY 83101 (307) 877-9201 7. Either party who plans to change their home city or state of residence shall give written notice 15 days prior to the move, both to the other party and to the Clerk o'f District Court stating the date and destination of the move. Furthermore, each party shall notify the Clerk of District Court in writing of their new address and/or employment within 15 days of any change in address and/or employment. 8. Plaintiff and'Defendant st~all maintain a policy of health insurance for the minor children of the parties whenever it is available at reasonable or no cost through their employers, and each party shall pay one-half of any uncovered medical, orthodontic, dental, optometric, and/or psychological expenses for the minor children. Plaintiff and Defendant shall submit to the Court and to the other party written proof that the insurance has been obtained within sixty (60) days after entry of the Judgment and Decree of Divorce. Proof of insurance shall contain, at a ROBERT WAYNE PINTER, JR. v. KRISTI LYNNE PINTER Judgment and Decree of Divorce Page 4 minimum, the following: a) The name of .the insurer; b) The policy number; c) The address to which all claims should be mailed; d) A description of any restrictions of usage, such as pre-approval for hospital admission and the manner in which to obtain pre- approval; e) A description of all deductibles; and f) Two (2) copies of claim forms. Plaintiff and Defendant shall notify the Court and the other party if insurance coverage for the children is denied, revoked or altered in any way that would affect the other party, including any change relating to the information required above. 9. The Plaintiff and Defendant agree that the Plaintiff shall be entitled to claim the deduction for the dependency exemption for their three youngest minor children and Defendant shall be entitled to claim the deduction for the dependency-exemption for their two oldest minor children whenever either party is entitled to claim the dependency exemption under Section 152(e) of the Internal Revenue Code of 1986, as amended, provided that by December 31st of the calendar year the Plaintiff has made the minimum child support payments required for that year. Defendant agrees that she will sign Internal Revenue Service Form 8332 or any other declaration required by the Treasury Department or the Internal Revenue Service to implement this agreement. I0. Each pa~ly shall pay their own ~o,'neys fees in this action, 11. No alimony shall be awarded to either party. ,12. Plaintiff, Robert Wayne Pinter, Jr., shall have as his sclc and separate property the following, subject to any and all indebtedness: a. '1998 Pontiac Bonneville - VlN 1G2HX52KSW4232409 b. Kenwood Stereo c. CD's ROBERT WAYNE PINTER, JR. v. KRISTI LYNNE PINTER Judgment and Decree of Divorce Page 5 (]~'76~.G1 d. Mitsubishi TV e. VCR f. Two Dresser Set g. Water Distiller h. Mountain Bike i. Plaintiff's Pittsburgh & Midway Coal Mining Company 401K Plan and Pension Plan j. FMC Corporation Retirement Plan k. All personal property currently in his possession 13. Defendant, Kristi Lynne Pinter, shall have as her sole and separate property the following, subject to any and all indebtedness: ' a. Madtal Home located at 1909 Del Rio Drive, Kemmerer, WY 83101 More particularly described as follows: Lot 5 of BloCk 4 of the Lincoln Heights 5th Addition, First Filing, to the City of Kemmerer, Lincoln County, Wyoming as said lot and block are laid down and described on the official plat of said addition (Plat 297B) on file and of record in the office of the County Clerk and Ex-Officio Register of Deeds in and for Lincoln County, Wyoming. Subject, however, to all resections, reservations, easements and rights of way of record or in use. b. 1998 Dodge Neon - VlN 1B3E547Y1WD710028 c. Master Bedroom Set d~ Jewelry e. Leather Furniture f. Dining Table & Chairs g. Piano h. Computer i. Computer Desk ]. Sectional & Recliner k. Kirby Vacuum I. Videos m. Washer & Dryer n. Living Room Curio,Cabinet &-Contents o. Two Wormwood Ci ~ests p. Dining Room Curio Contents q. Camera r. Bookcase ' s. Boy's Dressers '. ' t. Lawn Mower u. Three Master Bedroom Pictures v. Decorative Pans w. Barbecue Grill x. Two Drawer Wooden File Cabinet Y. Video Camera ROBERT WAYNE PINTER, JR. v. KRISTI LYNNE PINTER Judgment and Decree of Divorce Page 6 Trampoline aa. Bedroom TV ab. Living Room Stereo ac. Living Room Lamps ad. Baker's Rack ae. Kitchen TV af. Three Family Bathroom Pictures ag. Weed Eater ah. Picnic Cookers al. Wheelbarrow aj. Various Knick Knacks & Stuffed Animals ak. Bathroom Toilet Rack al. All personal property currently in her possession 14. Plaintiff will assume the following 'debts of the marriage, including: a. Wells Fargo Loan on Pontiac Bonneville b. Great Plains Credit Union c. Discover Card d. 'S. Hlavaty e. Chevron Card f. Universal Master Card 15. Defendant will assume the following debts of the marriage, including: a. Farm Credit Service Loan #530-0063643010 - Home Mortgage b. First Security Bank Loan on Neon Automobile - #31200129068990001 c. Eddie Bauer Master Card 16. Each party shall be responsible for the debts incurred by him or her since the date of their separation on April 2, 1999. 17. That Defendant's former name of Kristi Lynne Johnson be restored to her. !8. In the event any subsequ6nt act!on shouid be commenced by either party against the other involving any of the provisions which are the subject matter of this proceeding and any future orders.and decrees filed herein, then the losing party to'such action as evidenced by an order or judgment against the person shall pay all the successful party's attorney's fees and costs in such action, unless otherwise ordered by the court. 19. The part[es hereto shall execute and deliver such instruments as the other of them ROBERT WAYNE PINTER, JR. v. KRISTI LYNNE PINTER Judgment and Decree of Divorce Page 7 may reasonably require to fully effectuate the provisions of this Judgment and Decree of Divorce. 20. The Stipulation entered into by and between the parties hereto and filed herein is hereby approved, ratified and affirmed and is hereby made a part of this Decree as fully and to the same extent as if the terms thereof were set forth herein in full. 21. Neither party will charge any items of merchandise or otherwise pledge the credit of the other party for anything and each indemnifies the other for the same. DATED May__L~N,, 1999. Th'~ ~onorable John D. T~5~'~hton DisMct Court Judge AP~.P_B~VAL AS TO FORM: John ,/,/,N: Th6mas' '.'.::~:~':~..:~'~i~: ~i,.~?,:'~ i~-~, ~:i'.,-.~:,~ ~:'~'" / Attom'ey for Plaintiff ;::~",~!~::-'.. ~;!~ ,.'! :::.:: ~::~-~i~ :':i:: .:'~:l':t."(l 12'~' I, the Clerk of District Court, do hereby certify that I served a true and correct copy of the above foregoing Judgment and Decree o.f..,,~i¥orce by mailing a copy thereof by United States first-class mail, postage prepaid .on May l~=~I~', 1999 to the following address: Ms. Kristi I..ynne Pinter 1909 Del F~io Dd, ve Kemmerer, WY 83101 John A. Thomas, Attorney at Law 724 Front Street, Suite 600 ~ [erk ot Court ROBERT WAYNE PtNTER, JR. v. KRISTI LYNNE PINTER Judgment and Decree of Divorce Page 8