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IN THE DISTRICT COURT OF LINCOLN COUNTY, WYOMING f};'?,?,..Þ:1.5.~2.~·'<Ó)~<9~
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THIRD JUDICIAL DISTRICT fV' ~~
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Defendant.
RECEIVED 4/24/2009 at 9:17 AM
RECEIVING # 946727
BOOK: 721 PAGE: 293
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
SETTLEMENT AGREEMENT
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Civil Action No. 1/ t,O-?
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HOWARD N. RHOADS,
Plaintiff,
vs.
SUZElTE H. RHOADS,
THIS AGREEMENT is made this ;ll day of October, 2004, between
Howard N. Rhoads, of Lincoln County, Wyoming, ("Husband"), and Suzette H.
Rhoads, also of Lincoln County, Wyoming, ("Wife").
1. RECITALS. The parties were married on December 31, 1999, in
Cody, Wyoming. No children have been born to the parties. The Wife has three
children from a prior marriage, Ashleigh age 14, Sadie age 11, and Ciara age 8,
who have lived with the Husband and Wife since the date of their marriage. An
action for the dissolution of the marriage of the parties is presently pending in the
District Court of Lincoln County, Wyoming. The parties intend that the provisions
of this Agreement shall represent a final and complete settlement between them
with respect to a division of the marital assets, child custody, child support, and
all other matters specifically set forth herein. The parties intend and agree that
the provisions of this agreement shall remain binding upon them notwithstanding
the entry of a decree of divorce in favor of either party. The parties agree as
follows:
2. REAL PROPERTY. The parties do not own any real property
together. The Husband owns an 80 acre parcel of real property in Lincoln County
which he owned prior to the marriage and which is his sole and separate
property. The Wife hereby quitclaims to the Husband and otherwise waives any
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right, title or interest she has or may have in this property, and the Wife shall
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Settlement Agreement
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sign the quitclaim deed which is appended to this agreement as Exhibit A for the
purpose of waiving her homestead rights, if any.
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PERSONAL PROPERTY.
3.
The parties have previously divided
their personal property. Hereafter the Husband shall be the sole owner of all
personal property in his possession, and the Wife shall shall be the sole owner of
all personal property in her possession.
4. VEHICLES.
(a) The parties jointly own a 2003 Dodge Durango which is
subject to an outstanding loan with an approximate remaining balance of
$
This vehicle shall hereafter become the sole and separate property
of the Wife. The Husband shall timely pay the remaining balance on the loan.
The Husband shall maintain a policy of liability and comprehensive insurance on
this vehicle until the loan is paid in full.
(b) All other vehicles are titled in the Husband's name and shall
hereafter remain as the sole and separate property of the Husband.
s. INITIAL PAYMENT.
(a) At such time as the Wife moves out of the marital residence
the Husband shall pay to her the sum of $15,000.00.
(b) Thereafter, the Husband shall pay to the Wife the sum of
$500.00 per month on the first day of each month until the real property
referenced in paragraph 2 above is sold.
(c) Upon the sale of the real property the Husband shall pay to
the Wife the additional sum of $85,000.00.
6.
INSURANCE.
Neither party shall have any obligation to provide
or maintain any form of insurance for the other's benefit, whether it be health,
life, automobile, disability, homeowners, or any other type of insurance, nor shall
Rhoads v. Rhoads
Settlement Agreement
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000295
either have any obligation to pay any of the other party's non-reimbursed or
non-covered health related expenses.
7. INCOME TAX LIABILITIES.
If there is a deficiency assessment with respect to any of the jointly
filed returns, the party receiving such notice shall give the other immediate
notice thereof in writing. If the deficiency is due to the Husband's income not
reported or improperly reported, he shall pay the amount, if any, ultimately
determined to be due, together with interest and penalties, if any, as well as all
expenses that may be incurred if he decides to contest the assessment.
However, the Husband shall not be responsible for the payment of any such
deficiency assessment, interest, penalty, fee or expense to the extent that such
relates to, or arises from, the income of the Wife not reported, or improperly
reported. As to any such amounts, the Wife shall pay the assessment, interest,
penalty, fee or expenses and shall indemnify and hold the Husband harmless with
respect to the same. A deficiency arising from any other circumstance shall be
shared equally by the parties.
8. ALIMONY. Neither party shall pay alimony to the other party.
9. OWN OBLIGATIONS. Neither party shall charge or cause or permit
to be charged to or against the other any purchase or purchases which either of
them may hereafter make, and neither party shall create any obligations in the
name of or against the other, and neither shall hereafter secure or attempt to
secure any credit upon or in connection with the other, or in his or her name; and
each will promptly pay all debts and discharge all financial obligations which each
may incur for himself or herself; and each will hereafter hold the other free and
harmless from any and all debt and other obligations which the other may incur.
Each party represents and warrants to the other that he or she has not incurred
any
debts or made any contracts since the day of their separation for which the other
party or his or her estate may be liable.
Rhoads v. Rhoads
Settlement Agreement
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10. MEDIATION. The parties agree that in the event they are unable to
resolve any disputes or conflicts arising under the terms of this Settlement
Agreement, they shall initially submit such dispute or conflict to a mediator
mutually agreed upon by the parties. By using a mediator, the parties are
attempting to avoid Court intervention. In the event that mediation is not
successful, either party may apply to the District Court for relief. Nothing in this
Settlement Agreement shall be construed as limiting the jurisdiction of the District
Court.
11. ATTORNEYS' FEES AND COSTS. Each party shall pay his or her
own attorney's fees and costs incurred in connection with this action for divorce.
In the event that either party breaches this Settlement Agreement or is in default
with respect to the same, and a mediator is unable to resolve the dispute and
Court intervention becomes necessary, the defaulting party as determined by the
Court shall pay to the other party the attorney's fees and other reasonable costs
incurred by the non-defaulting party as a result of the breach or default.
12. MODIFICATION AND WAIVER. A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure of either party
to insist upon strict performance of any of the provisions of this Agreement shall
not be construed as a waiver of any subsequent default of the same or similar
nature.
13. SITUS. This Agreement shall be construed and governed in
accordance with the laws of the State of Wyoming.
14. PARTIAL INVALIDITY. If any provision of this Agreement is held
to be invalid or unenforceable, all other provisions shall nevertheless continue in
full force and effect.
15. HEADINGS. The headings used in this Agreement are for the
purpose of convenience only and are not to be used in the construction of this
Rhoads v. Rhoads
Settlement Agreement
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Agreement or any part thereof.
16. BINDING EFFECT. All provisions of this Agreement shall be binding
upon the respective heirs, next of kin, executors, and administrators of the
parties.
17. FULL DISCLOSURE. Each party represents and warrants to the
other that each has made a full and honest disclosure as to all assets and
liabilities owned by that party.
18. VOLUNTARY EXECUTION. The provisions of this agreement, and
their legal effect, have been fully explained to the parties by their respective
attorneys, and each party acknowledges that the agreement is fair and equitable,
that it is being entered into voluntarily, and that it has not been executed as a
result of duress or undue influence.
19. ATTORNEY FOR HUSBAND. This agreement has been prepared by
Kenneth S. Cohen, who is the attorney for the Husband. No representations
have been made to the Wife by Cohen regarding the legal remifications of this
agreement. The Wife has been advised by Cohen to consult with an attorney of
her own choosing, as this document has been prepared based solely on
discussions with the Plaintiff.
IN WITNESS WHEREOF, the parties have signed this Agreement to be
effective as of the ~/day of October, 2004.
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Howard N. Rhoads, Plaintiff
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Rhoads v. Rhoads
Settlement Agreement
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ÜOC¡298
ACKNOWLEDGMENT
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
The Foregoing Settlement Agreement was acknowledged before me by
Howard N. Rhoads this 'LJ'=>t day of October, 2004.
WITNESS my hand and official seal.
~:"~.r;.),~""'rn:''!)~Jltl¡(¡f~,."",..~I,~"...~,,~~,.,~.... ,
(s;al)N'I@~1 :~1':IG¡"sê~:Y - NOTARY PUBLIC
@9!:Jfìf» of- State of
bi!y,1~j.\~ Wyoming
M,y, ç . . iilN. . !'IJ~'" :- ;II~S JlJJy rr, 2006 .
~~~G!;~::.,.\,~'I.¡'~"'''I' !f,.rS,h~,f~G,/<~'~~ '" - ~f\.)
Notary Public ~JbL --r-:1h~ O-OJ#;
My Commission expires: ~CSDl¡
STATE OF WYOMING )
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COUNTY OF LINCOLN )
The Foregoing Settlement Agreement was acknowledged before me by
Suzette H. Rhoads this '2..\...:rt day of October, 2004.
WITNESS my hand and official seal.
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I) NICKI ANGLESEY - NOTARY PUBLIC
County of State of
Lincoln Wyoming
My CommìsGìon~;:~~~ ~~j..2E~\,
Notary Public ~X¡, '1qr¡~~
My Commission expires: I\Jul· .' i.p
Rhoads v. Rhoads
Settlement Agreement
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Plaintiff,
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Civil Action No. 11603
IN THE DISTRICT COURT OF LINCOLN COUNTY, WYOMIN
THIRD JUDICIAL DISTRICT
HOWARD N. RHOADS,
vs.
SUZElTE H. RHOADS,
Defendant.
DECREE OF DIVORCE
This matter came before this Court upon the Complaint For Divorce of
Plaintiff, Howard N. Rhoads. Plaintiff submitted an affidavit swearing to the
grounds for divorce. The parties have executed a Settlement Agreement dated
October 21, 2004. The Court reviewed the evidence adduced in behalf of Plaintiff
and, being otherwise fully advised, finds that:
FINDINGS OF FACT
1. Plaintiff has resided in the State of Wyoming for sixty (60) days
immediately preceding the filing of the Complaint.
2. The parties were married on December 31, 1999 in Cody Wyoming.
3. The parties have no children born as issue of the marriage
4. The parties own real and personal property which is subject to the
jurisdiction of this Court.
5. Irreconcilable differences have arisen in the marriage which entitle
Plaintiff to a divorce from Defendant.
6. The terms and provisions of the Settlement Agreement are fair and
reasonable, and the Court approves the same.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
1. Plaintiff, Howard N. Rhoads, is hereby awarded and granted a divorce
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dissolving his marriage to Defendant, Suzette H. Rhoads.
2. The Settlement Agreement signed by the parties, dated October 21,
2004, shall be incorporated in this Decree Of Divorce, and made a part hereof as
though the same were fully set forth at length herein, and each party is ordered
to comply with each and every provision of the Settlement Agreement; provided,
however, that although the terms of the Settlement Agreement are incorporated
herein, they shall not be merged in this Order but shall in all respects survive this
Decree Of Divorce and be forever binding and conclusive upon the parties.
DATED this/ZrÆaay
STATE OF WYOMING 7
COUNTY OF LlNCOLNJ 55.
f, Kenneth D. Roberts, Clerh of the Third
Judicial District Court witbin and fOnlSaid
county and in the St2~te of foresaid, do
hereby certif' dri:'(:-:'::':'\oing to be a full,
true, and co pk,. .
SIGNED " \~.~"'-,
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