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HomeMy WebLinkAbout974939NOTICE OF LIEN WHEREAS, my name is Inga L. Parsons, and I am of counsel for Greenwood Law, LLC, and I am a licensed attorney practicing in the State of Wyoming and this Notice is made upon information and belief; and WHEREAS, Greenwood Law, LLC represents, LENA SUZANNE EDWARDS, and WHEREAS, the District Court Judge for the Third Judicial District has entered a Decree of Divorce in Civil Action No. CV- 2013- 13 -DC, filed on July 8, 2013, that incorporates the terms and conditions of a Marital Stipulation, Child Custody, Visitation, and Support Agreement filed on June 11, 2013, including property settlement wherein paragraph PERSONAL PROPERTY/ VEHICLES/ ACCOUNTS: sub paragraph "e" In lieu of her (LENA SUZANNE EDWARDS) interest in the marital w home Defendant, PHILIP MICHAEL EDWARDS, shall pay to Plaintiff, LENA SUZANNE EDWARDS, the sum of a total of $15,000.00 less whatever Plaintiff, LENA SUZANNE EDWARDS, receives for the w case value of the Allianz life insurance policy for her (LENA SUZANNE EDWARDS) portion 'of the Q U equity within sixty days of the date of this agreement (it is intended that the Plaintiff shall receive a W z total of $15,000.00 cash between the equity and the life insurance); and o v o lfl Z u") U W J LL ILJ r t z< O N p M Z W 0 0 Z n Z Ow a to WHEREAS, sixty (60) days have passed and LENA SUZANNE EDWARDS to date has not received any money for the cash value of the Allianz Life insurance policy; and WHEREAS, sixty (60) days have passed and LENA SUZANNE EDWARDS to date has not received the remaining money due her for her interest in the marital home; and WHEREAS, PHILIP MICHAEL EDWARDS owns real property located at 1750 Crow Creek, Lincoln County, Wyoming, and more particularly described as follows: Southeast Quarter of the Northwest Quarter, Northeast Quarter of the Southwest Quarter and Northwest Quarter of the Southeast Quarter of Section 4, Township 31 North Range 119 West of the 6 P.M. WHEREAS, I am attaching herewith Exhibit A, a copy of the Decree of Divorce and Exhibit B, a copy of the Marital Stipulation, Child Custody, Visitation, and Support Agreement, and hereby request that this Lien be placed against the real property of PHILIP MICHAEL EDWARDS. DATED this /C/ ��day of January, 2014. STATE OF WYOMING ss. COUNTY OF SUBLETTE Traci Maynard Not* County of Subiette MyCommis o Expires WITNESS my hand and official seal. Amin Notary Public The foregoing Notice of Lien was acknowledged before me this ('1 day of January, 2014, by Inga L. Parsons. n U IN THE DISTRICT COURT OF LINCOLN COUNTY, WYOMING LENA SUZANNE EDWARDS, Plaintiff, vs. PHILIP MICHAEL EDWARDS, Defendant. THIRD JUDICIAL DISTRICT DECREE OF DIVORCE FILED j Civil Action No. CV- 2 013 -13 -DC JUL 8 2013 KENNETH D. ROBERTSt. CLERK OF DISTRICT COUR LINCOLN COUNTY, JUDICIAL DISTRICT p WVQMENG This matter came before the Court on the Complaint of the Plaintiff. The Plaintiff did not appear but submitted an Affidavit of Jurisdictional Facts in lieu of such appearance. The Defendant did not appear but has consented to the entry of the Decree in this matter in accordance with the Marital Stipulation, Child Custody, Visitation, and Support Agreement which has been filed with this Court. The Court has reviewed the matters on file herein, including the Marital Stipulation, Child Custody, Visitation, and Support Agreement and being advised in the premises, the Court finds and concludes as follows: 1. The Plaintiff was a resident of Lincoln County, Wyoming, for more than 60 days preceding the filing of the Complaint. 2. Defendant has been properly served the Complaint within the state of North Dakota and filed an Acceptance of Service herein on February 20 2013. 3. The parties were married on August 20, 1988, in the county of Spokane, Spokane, Washington and that they have been married to one another continuously since that time. 4. The court has subject -matter jurisdiction and personal jurisdiction over the parties. 5. The parties have two minor children born of this marriage, to wit: CCE, Born October of 1997, and JME born July of 2004. 6. The parties have entered into a Marital Stipulation, Child Custody, Visitation and Support Agreement which is fair, reasonable, not unconscionable, and in the best interests of the parties and the minor children. The Agreement should be adopted and approved by the Court. 7. The parties have personal property and debts which should be divided in accordance with the terms of the Marital Stipulation, Child Custody, Visitation, and Support Agreement. 8. Irreconcilable differences exist in the marriage and Plaintiff should be awarded a Decree of Divorce from the Defendant. IT IS THEREFORE ORDERED ADJUDGED AND DECREED as follows: 1. Plaintiff, Lena Suzanne Edwards, is hereby granted a divorce from Defendant, Philip Michael Edwards. The bonds of matrimony existing between the parties are hereby dissolved. 2. The Marital Stipulation, Child Custody, Visitation, and Support Agreement is adopted in full and without reservation and all provisions of such Agreement are hereby incorporated into this Decree of Divorce in full by reference. 3. The parties are hereby ordered to perform all of the obligations therein assumed as set forth in said Agreement as if a direct Order from this Court. DONE this 0 day of Approved as to Form: o .411 Er r abeth Greenwood Attorney for Plaintiff Philip Michael Edwards Defendant OPP: J G STATE OF COUNTY OF' UNZOLN --h e rzzi'f;), Third Ccolgt. and fonazqd co;.r.t'., and Ir. •i:,s3 Sfztti of f3FesEA, hev; c•l f,:ari ba A 1'0 tam!, and compiate copy. 114: SIGNED IN THE DISTRICT COURT OF LINCOLN COUNTY, WYOMING LENA SUZANNE EDWARDS, vs. PHILIP MICHAEL EDWARDS, Defendant. THIRD JUDICIAL DISTRICT Plaintiff, MARITAL STIPULATION, CHILD CUSTODY, VISITATION, AND SUPPORT AGREEMENT THIS MARITAL STIPULATION AND CHILD CUSTODY, VISITATION, AND SUPPORT AGREEMENT made and entered into this day, by and between Lena Suzanne Edwards, hereinafter called "Plaintiff', and Philip Michael Edwards, hereinafter called "Defendant WITNES SETH WHEREAS, the parties hereto are Husband and Wife, having been married on August 20, 1988 in Spokane, Washington; WHEREAS, the Plaintiff has been a resident of Lincoln County, Wyoming for a period greater than sixty days preceding the filing of this action; WHEREAS, Defendant and Plaintiff have two minor children, to wit: CCE, born October of 1997, and JME born July of 2004; WHEREAS, with respect to matters relating to child care, custody, control and support, the Parties have decided and agreed upon the following: FILED BY t% fi Civil Action No. CV-2013-13-Dg 1 JUN 1 1 2.013 KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DISTRICT OMING EXHIBIT i e: LEGAL CUSTODY The Plaintiff shall be awarded the sole, care, custody and control of the minor children. However, both parents shall have the absolute right to access any and all information concerning the minor children from schools, medical providers, and other typically confidential institutions. PHYSICAL CUSTODY Plaintiff shall have primary physical custody of the minor children with Defendant having reasonable visitation and access to the minor children in accordance with the following provisions: VISITATION: DEFENDANT ODD YEAR: The Defendant shall have the following holiday visitation odd numbered years, and Plaintiff shall have them in even numbered years: a. Easter /Spring Break: Easter /spring school vacation commencing the day school recesses for the vacation at the time school recesses for the vacation and concluding at 5:00 p.m. on the day before school resumes in the district where the minor children reside. b. Birthdays: The minor children on their birthdays if feasible given the distance between them. c_ First part of Christmas holiday: Beginning after school on the day that school recesses for the Christmas holidays until halfway through the Christmas holiday, but in no event earlier than the 27 of December. DEFENDANT EVEN YEAR: The Defendant shall have the following holiday visitation in even numbered years, and Plaintiff shall have them in odd numbered years: a. Thanksgiving: After school on the Wednesday of the holiday weekend and ending on the Sunday after Thanksgiving Day at 5:00 p.m. with the visitation concluding at 5:00 p.m. the day before school resumes. b. Second part of Christmas/New Years holiday: Beginning halfway through the Christmas holiday beginning at 8:00 a.m. on the midpoint day or in any event no earlier than the 27 of December, continuing until the school resumes in the district where the minor children reside; SUMMER VACATION: Defendant is entitled to a minimum of six weeks of visitation with the minor children during the summer to be agreed and arranged between the parties dependent upon Defendant's work schedule, the activities of the 15 year old and the younger minor. It is understood that CCE is of an age where demands upon her schedule are different than the younger child and the Defendant should discuss his visitation with her directly. Defendant shall have continuous summer visitation with the youngest minor child beginning the Saturday following dismissal from school for the summer until four weeks before the school term begins for 'the fall term. Plaintiff shall then enjoy the four weeks preceding the beginning of the school year for her summer visitation. During the continuous summer visitation of either party, should one or the other parent have a special occasion or be in the vicinity of the minor children, the custodial parent shall attempt to accommodate the visiting parent's request to spend time with the minor children. SPECIAL VISITATION: Defendant is aware that Plaintiff will be relocating to Alaska where the parties used to live and therefore he is particularly aware of the distance from Wyoming, where he lives, North Dakota, where he works, and Alaska where the Plaintiff will be relocating. The parties shall work together to make other visitation available for the Defendant and the minor children in accordance with the reality of time, distance, expense, and schedules. OTHER VISITS: At such other reasonable times as the Parties may agree which shall be subject to reasonable notice and scheduling. WEEKEND VISITATION: Defendant shall have the right to weekend visitation on an alternating basis if he is able to exercise such right beginning after school at the end of the week and ending on the day before school resumes at 5:00 p.m. TRANSPORTATION: Defendant agrees to be responsible for all costs of transportation to exercise his visitation for the children and himself with the exception of the summer visitation which Plaintiff will split the cost of the airfare for the minor children for the summer visitation with Defendant. HOLIDAYS: Holiday visitation shall take precedence over normal weekly alternating and shall be determined based upon the schedule in the district where the children reside. CHANGES: The Parties may informally agree to changes or variations in the established schedule but such informal changes must be agreed to by both Parties and shall not be otherwise enforceable nor shall the same affect any rights to or obligations of child support unless and until reduced to an order of this Court. NON WAIVER: If the Parties are unable to exercise any of their weekday, weekend, summer or holiday visitation because of their respective work schedule or other reason, both Parties understand that the other party is not waiving future weekday, weekend, summer or holiday visitation. COMMUNICATION RESPECT: Plaintiff and Defendant shall confer from time to time with respect to the welfare of the minor children, and particularly as to educational, health, and COMPUTATION OF BASIC SUPPORT OBLIGATIONS (2 CHILD): Wyoming Statute §20 -2 -304 1. Mother's Imputed Net Monthly Income: $1200.00 2. Father's Net Monthly Income: $8679.00 3. Combined Net Monthly Income: $9879.00 4. Basic Joint Support Obligation of the Parents: $1854.00 5. Mother's Proportionate Share: (Line 1 /Line 3)( Line 4) 12% 6. Father's Proportionate Share: (Line 2 /Line 3)( Line 4) 88% 7. Father's Support Obligation $1629.00 SUPPORT DUE BY FATHER CHILD SUPPORT: disciplinary matters of a substantial nature. Furthermore, each Party shall at all times endeavor to maintain in their children's respect and affection for the other Party, and neither of the Parties shall, either through actions, written or spoken word, cause the children to lose respect or affection toward the other Party, and the Parties shall at all times cast each other in the most favorable light before the children. a. PRESUMPTIVE SUPPORT: The presumptive child support for the parties' child with Wife having primary physical custody is as follows: b. DEVIATION FROM PRESUMPTIVE SUPPORT: The parties are not deviating from the presumptive child support. c. FUTURE SUPPORT: The parties shall exchange tax returns on a yearly basis on the anniversary date of the entry of the Decree of Divorce in this matter. i. TIME OF PAYMENTS: Child Support payments shall begin on the 1St day of June and shall continue to be paid on the first day of the month thereafter, until further order of the court; ii. CONTINUATION OF CHILD SUPPORT: Child Support shall continue during Minor Children's minority, and beyond it if the child has a mental, emotional, or physical impairment preventing emancipation, or while the child is attending high school or an equivalent program as a full time student between the ages of 18 and 20. Child Support shall terminate if, during the child's minority, the child marries, is emancipated, becomes self-supporting or dies. iii. PLACE OF PAYMENT: Child Support payments shall be paid to the following address: Clerk of District Court P.O. Box 510 Kemmerer, WY 83101 iv. ENFORCEMENT: Wyo.Stat. §20 -2 -13 provides that any installment of child support not paid when due shall automatically become a judgment against the obligated parent. Wyo.Stat. §20- 2 -13(b) makes an automatic judgment subject to a ten percent (10 late penalty if it is not paid within thirty-two (32) days. Also, Wyoming law provides that if child support becomes delinquent in an amount equal to or greater than one month's obligation a notice will be issued to employers and others who may owe money to the obligated parent; a percentage of the obligated parent's wages and other income could be withheld and submitted to the Clerk of this Court to be applied toward child support obligations. v. The parties have agreed that the child support shall continue unabated throughout the year and in the amount herein until the youngest child reaches majority age, unless deceased or otherwise emancipated. 2 MEDICAL INSURANCE PAYMENTS AND EXPENSES: It is agreed that Husband shall provide and maintain medical and hospitalization insurance covering the minor children of the parties, and that Husband and Wife shall each pay one -half of all out -of- pocket medical, hospital, dental, drug, optical and orthodontia expenses not covered by insurance or included in the deductible. a. PROOF: Proof of insurance coverage shall be submitted to the other Party and to the Clerk of this Court within sixty (60) days after the entry of this order (Wyo.Stat.Ann §20 -2 -401) and shall contain, at a minimum, the following: i. The name of the insurer; ii. The policy number; iii. The address to which all claims should be mailed; iv. A description of any restrictions on usage, such as pre approval for hospital admission, and the manner in which to obtain pre approval; v. A description of all deductibles; and vi. Two (2) copies of claim forms. b. CHANGES: Husband shall provide written notice to the Clerk of this Court and the other parent if insurance coverage for the children is denied, revoked, or altered in any way that would affect the children's coverage, including any changes relating to the information required above. c. FAILURE TO PROVIDE INSURANCE: The Court may hold a parent in contempt for refusing to provide the ordered insurance or for failing or refusing to provide the information required above. In addition, if either parent fails to provide insurance or proof of insurance as required by this Agreement, the other parent may provide such insurance and the parent who was supposed to shall be responsible to pay to the other parent the cost of such insurance plus the cost that parent had to pay for collection, including reasonable attorney's fees. d UNCOVERED MEDICAL EXPENSES: The parents, Wife and Husband, shall each pay 1 /2 (50 of all out-of-pocket medical, hospital, dental, drug, optical and orthodontia expenses not covered by insurance or included in the deductible. 3. CHANGE OF EMPLOYMENT STATUS: So long as there is a child support obligation, each parent shall notify the other parent and the Clerk of this Court, in writing, on forms available from the Court, within fifteen (15) days of any change in employment, including second jobs, changed employers, starting or ending unemployment compensation, and starting or ending of worker's compensation, or any other change in income. 4. CHANGE OF ADDRESS: So long as there is a child support obligation, if either parent plans to change his or her address, that parent must notify the other parent and the Clerk of this Court, in 'writing, on forms available from the Clerk of this Court, no later than fifteen (15) days prior to the day of the move, the destination of the move and the proposed move date. 5. CHANGE OF HOME CITY OR STATE OF RESIDENCE: Either Party who plans to change their home city or state of residence must give written notice, thirty (30) days prior to the move, to both the other parent and to the Clerk of this Court, stating the date and destination of the move. The parties acknowledge that they are both aware of the Plaintiff's impending move to Alaska and that she will provide her address to the Clerk of the District Court and the Defendant within fifteen (15) days of acquiring her new residence. 6. INCOME TAX DEDUCTION: The Plaintiff shall receive the tax deductions for both minor children throughout their minority status and the time frame wherein they are entitled to receive such treatment. 7. LIFE INSURANCE: Defendant agrees to provide life insurance on his life with the minor children as beneficiaries in an amount not less than $250,000.00 and identifying the Plaintiff as Trustee of said insurance if the Defendant becomes deceased during the time the youngest child is still of an age and circumstance where the Defendant is still paying child support. Defendant shall provide to the Plaintiff proof of said insurance including a copy of the policy and annual payments demonstrating that the policy is still in effect. ALIMONY The Plaintiff dropped out of the work force early on in the marriage to care for the Defendant and their minor children and is in need of financial support from the Defendant for a period of time in order to obtain the tools to pursue employment. Therefore, Defendant shall pay to Plaintiff alimony in the amount of $1500.00 a month for a period of five years beginning on the 1S day of June, 2013 and ending on the 1 day of May, 2018 unless the Plaintiff remarries or cohabitates with another for a sufficient period of time to establish a common law marriage. TAXES The parties have filed joint tax returns throughout their marriage. If either party receives a notice from the Federal Government regarding their tax filing they are to advise the other party immediately. If there is a deficiency in any taxes owed during the time the parties were married, the Defendant shall pay that deficiency. If there is any refund due and owing that has not already been paid, then the Defendant shall receive that refund. REAL PROPERTY The Defendant shall receive the marital home located at 1750 Crow Creek, Fairview, WY 83119 and he will assume all indebtedness relating to that real property and hold the Plaintiff harmless from all liability associated therefrom. PERSONAL PROPERTY/VEHICLES /ACCOUNTS PLAINTIFF: 1. Plaintiff shall be awarded as.her sole and separate personal property, free and clear of all claims or demands of the Defendant, all property currently held by her and in her possession, except as identified and specifically noted herein, subject to all outstanding indebtedness thereon, which indebtedness Plaintiff shall assume, pay and hold Defendant harmless from payment therefor, including, but not limited to, to -wit: a. Plaintiffs personal belongings, clothing, goods and effects; b. All household furniture, fixtures and equipment in Plaintiffs possession; c. 2002 GMC Yukon, VIN1GKEK13Z12J296230; d. All of the cash value of the life insurance policy with Allianz; e. In lieu of her interest in the marital home Defendant shall pay to Plaintiff the sum of a total of $15,000.00 less whatever Plaintiff receives for the cash value of the Allianz life insurance policy for her portion of the equity within sixty days of the date of this agreement and further Defendant agrees to refinance the loan associated with said real estate and remove Plaintiff's name from it within ninety days of the date of the Decree in this matter; (it is intended that the Plaintiff shall receive a total of $15,000.00 cash between the equity and the life insurance.) f. All other personal property belonging specifically to Plaintiff including but not limited to: jewelry, clothes, hobby items, and other personal property; and g. Defendant agrees to travel to Alaska every year in the summer during the minority age of his youngest child and put meat and fish in the freezer for the Plaintiff and the minor children unless Plaintiff remarries or cohabitates with someone sufficient to establish a common law marriage. 2. Plaintiff will pay and hold the Defendant harmless from all debt associated with the personal property she is receiving in this agreement including but not limited to a. Business Card XXXX5407; DEFENDANT: 1. Defendant shall be awarded as his sole and separate personal property, free and clear of all claims or demands of Plaintiff, the following described personal property, subject to all outstanding indebtedness thereon, which indebtedness Defendant shall assume and pay and hold Plaintiff harmless from payment thereof, to -wit: a) Defendant's personal belongings, accounts, checking and savings, and otherwise, clothing, goods and effects now in his possession. b) 1999 Freightliner, VIN 1FV2GJBCXXHA36805; c) 1993 3 Axle 5 Wheel big Trailer, VIN 4BMFH2536P1101075; d) 2009 Heartland Cyclone 5 Wheel, VIN 5SFGF40379E050244; e) Snowmobile Trailer AK7856; f) 2012 Razor, VIN4Xaxt9ealcb597977; g) Three horses; h) Traps; i) Tools; j) Skidoo Snowmobile; k) Pro X 440 Snowmobile; I) Blaster Four Wheeler; m) Can Am Four Wheeler; n) The remaining furniture in house once Plaintiff moves including one half of the youngest child's bunk bed; and o) Any and all of Defendant's guns. 2. The Defendant will pay and hold the Plaintiff harmless from all debt associated with the personal and real property he is receiving in this Agreement including but not limited to: a) Any debt held exclusively in Defendant's name; b) Mortgage on the marital home held with Chase XXXX3040; c) Chase x.0363; d) Discover XXX0(2340; e) Chase XXXX9829; f) Sears XXX X7099; g) Bank of America XXXX0614; h) Capitol One XXXX5969; i) Wells Fargo XXXX3358; j) Star Valley Medical Clinic )00(1(6865; k) Shefield X0848; 1) AK USA XXXX2854; m) HSBC Retail Services =4765; n) Any other debt the Defendant has incurred that Plaintiff is unaware of; 4. Both parties have had the opportunity to retain legal representation in this matter and Defendant acknowledges that Plaintiffs attorney has drafted this Agreement and that he has had the opportunity to have it reviewed by counsel of his choice and both parties agree that they shall be responsible for their own attorney fees. 5. The parties shall execute and deliver all instruments, documents, deeds, automobile titles and/or trailer titles, as may be reasonable and necessary to effectuate the full intent and meaning of this Agreement. 6. This Stipulation and Agreement is intended and shall be a full and complete property settlement between the parties and neither party shall make any property claims against the other except as provided and set forth herein. 7. In the event a divorce is granted to the Plaintiff in said divorce action, it is agreed by the parties that this Agreement shall be entered with the other pleadings in this case and submitted to the Court and incorporated in any Decree to be entered by it; and the parties agree to abide by and obey any such decree that may be entered. 8. The parties acknowledge that the provisions herein made are adequate and reasonable and satisfactory to them. Accordingly, they accept the same in lieu of and in full and final settlement and satisfaction of any and all claims and rights that they may now or hereafter have against each other personally or against their respective estates. 9. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both of the parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 10. The parties respectively acknowledge that each has read and understood this Agreement, and with such knowledge and understanding, each has executed this Agreement freely and voluntarily. 11. Both parties further acknowledge that there has been full disclosure on their part regarding all assets and liabilities relevant in this matter and failure to disclose any such assets or liabilities shall be grounds for re- opening this matter as it relates to the non- disclosed issue. 12. In the event either party violates the terms of this Agreement or any Decree entered by the Court in this matter, the violating party agrees to pay the reasonable attorney fees and costs incurred by the other patty in enforcing his or her rights hereunder. 13. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both of the parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 14. This Agreement constitutes the entire understanding of the parties. They are making no representation or warranties other than those expressly made herein. IN WITNESS WHEREOF, the parties set their hands and seals to this Agreement. t A I 3 Date Date STATE OF WYOMING COUNTY OF LINCOLN Witness my h. Id and official seal: Witness my hand and official seal: LENA SUZANNE EDWARDS ''HILIP MICHAEL EDWARDS ss. S `scribed d swo t before me by `ENA SUZANNE EDWARDS on this 4 4}-b day of ilumu IDe i S LEE R. DENNIS NOTARY PUBLIC h County of state of Notary Public Lincoln 'st Wyoming My Commission Exp My Commission Expires August 25, 2015 j STATE OF NOICAKOTA ss. ,COUNTY OF V" L- 3 tary Public LEE R. DENNIS NOTARY PUBLIC County of Lincoln My Commission Expires August 25, 2016 S ed and sworn to before me by PHILIP MICHAEL EDWARDS on this .crib day of