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HomeMy WebLinkAbout889047 PR PAGE Affidavit Affecting Yitle I, Tammey L. Walthall, formerly known asS~BThannon' depose and state as follows: RECEIVED /i-i CLERK being duly sworn on oath That under the date of May 26, 1995, for valuable consideration, Steve Morinville and Tammy Morinville, husband and wife, by deed of that date, which deed was duly filed of record in the Office of Lincoln County Clerk, on June 12, 199.5, in Book 369 of Photostatic Records on Page 256, conveyed to Joe Bohannon and Tammey Bohannon, the following described property, to-wit: Lots 3 and 4, Block 28 of the First Addition to the Town of LaBarge, formerly Tulsa, Lincoln County, Wyoming as described on the official plat thereof That Joe Bohannon, also known as Joseph Charles Bohannon, and Tammey B0hannon, also known as Tammey Lee Bohannon, were divorced on December 22, 1997, as evidenced by Decree of Divorce, Civil Action No. 9877, filed in the District Court for the Third Judicial District within and for Lincoln County, Wyoming on December 23, 1997. That pursuant to the Stipulation and Property Settlement Agreement, page 3, paragraph 7, Tammy Lee Bohannon, was awarded the real property located at 424 Oak Street, LaBarge, Wyoming, said property being more accurately described in paragraph 1 above. A copy of said Stipulation and Property Agreement is attached That said Stipulation and Property Settlement Defendant's name as Tammy Lee Bohannon. Tammey. Agreement incorrectly listed That the correct spelling is 5. That this Affidavit is filed pursuant to Wyoming Statute purpose of correcting the matters disclosed of public record. Dated this [/~ day of ~/-/-/-/~,i5i,~ 34-11-104, for the ,2003. i' CUVV~ :~/' Tammey L. Walthall Formerly known as Tammey Bohannon State of Wyoming ) ) ss. County of Lincoln ) The foregoing instrument was acknowledged before me, a notary public in and for said County and State, by_Tammey L. Walthali, formerly known as Tammey Bohannon this ~ day of ~,/~_~~ ,2003. WITNESS my hand and official seal. Notary Public My Commission Expires: IN THE DISTRICT COURT FOR THE THIRD JUDICIAL DISTRICT WITHIN AND FOR LINCOLN COUNTY, WYOMING JOSEPH CHARLES BOHANNON, Plaintiff, VS. TAMMY LEE BOHANNON, Defendant. Civil Action N~ STIPULATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO THE DATE LAST STATED BELOW, BY AND BETWEEN TA1VI1VIY LEE BOHANNON HEREINAFTER REFERRED TO AS THE "WIFE," AND JOSEPH CHARLES BOHANNON, HEREINAFTER REFERRED TO AS THE "HUSBAND," BOTH OF WHOM ARE, AT TIMES, HEREINAFTER REFERRED TO AS THE "PARTIES." WITNESSETH: WHEREAS, the parties hereto are now Husband and Wife, having been man-led to each other on July 3, 1992, at LaBarge, Lincoln County, Wyoming; and, WHEREAS, there have been two children born as issue of the parties: Kayla Jo Bohannon, born December 21, 1992; and Kaysha Lee Bohannon, born February 16; 1994; and the Wife is not now pregnant; and, wHEREAS, certain unhappy differences have arisen between the parties, such that the Husband has filed an action for divorce; and, WHEREAS, the parties have separated, and are living apart and, therefore, are desiroUs of settling child custody, child support, and all of their property rights, interests and obligations; NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained and for other good and valuable consideration passing and having passed from each party to the other, IT IS HEREBY MUTUALLY COVENANTED, PROMISED AND AGREED AS FOLLOWS' It shall be lawful for the Wife at all times hereafter to live separate and apart from the Husband, free from the marital control and authority of the Husband as if she were sole, and to reside, from time to time, at such place or places and with such person or persons as she shall deem fit, and to conduct and engage in any employment, business, trade or profession which she shall deem fit, for her own sole separate use and benefit, free from any control, restraint or interference, direct or indirect, by the Husband, in all respects as if she were sole. 2. It shall be lawful for the Husband at all times hereafter to Bohannon v. Bohannon Stipulation and ^greeln~l',t page I o live separate and apart from the Wife, free from the marital control and authority of the WiSe, as if he were sole, and to reside, from time to time, at such place or places and with such persons as he shall think fit, and to conduct and engage in any employment, business, trade or profession which he shall deem fit, for his own sole separate use and benefit, free from any control, restraint or interference, direct or indirect, by the Wife, in all respects as ff he were sole. Neither Party will molest nor malign the other nor compel, nor endeavor to compel, the other to dwell with her or him by any legal, or other, proceedings for restitution of conjugal rights, or otherwise. Each Party shall be individually responsible for his or her own debts and obligations subsequent to the Parties' separation and subsequent entry of an order of Decree of Divorce in this matter; and each Party shall henceforth and at all times keep the other Party free, harmless and indemnified of and from any and all debts, charges and liabilities hereafter contracted or incurred by him or her. After due consideration having been given to the matters of child care, custody, control and support, the parties have decided and agreed upon the following: Custody shall be characterized as joint custody; and each parent shall have access to school, medical and other records pertaining to the minor children. The minor children shall be in the primary residential custody, care and control, of the YVife, and shall reside with the Wife. The Husband shall have normal and reasonable visitation with the minor children as set forth below. bo Due to the Husband having sporadic employment, the presumptive child support amount is unable t° be fairly ascertained. The Husband shall pay One Hundred Seventy-Five Dollars ($175.00) per child, per month for an aggregate amount of Three Hundred Fifty DOllars ($350.00) towards child support on the 15th day of December, 1997; and shall continue each and every succeeding month until such time as the children attain the age of majority, marry, move permanently from the Wife's residence, or are otherwise emancipated, whichever first occurs; however, said support will continue between the age of majority and twenty (20) years if the minor child is attending a high school or an equivalent program as a full time participant (W.S. 14-2-204). Child support shall not abate during extended visitation. The Husband shall provide and maintain primary insurance coverage for medical and dental expenses incurred by the minor children until such time as the minor children reach the age of majority, marry, die or are otherwise emancipated. The Husband and Wife shall each be responsible for one-half the uncovered or uninsured medical expenses incurred on behaff of said minor children, including but not Bohannon v, Bohannon Stipulation and Agreement page 2 limited to hospital, dental, pharmaceutical, optical and orthodontia expenses. The Husband shall notify the Court and the Wife if insurance coverage for the children is denied, revoked, or altered in any way that would affect the Wife, including any change relating to information required in filing insurance claims. do The Husband shall have liberal and reasonable visitation privileges with the minor children, to include, but not limited to, alternating weekends, alternating national holidays of Easter, Thanksgiving, Christmas, and New Years; and six weeks summer visitation. During summer visitation, the Wife shall have concurrent alternating weekend visitation. Neither party shall interfere or attempt to interfere with the visitation privileges of the other. eo Holiday visitation shall be established and based upon the school vacation and recess schedule in the public school district in which the minor children reside regardless of the age or school attended by the minor children. Christmas vacation shall be defined as from the day school lets out for the Christmas break until December 29; and New Years vacation Shall begin the same year on December 29, and continue until one day before school resumes. The Wife shall have New Year's vacations in even numbered years and Easter during odd numbered years. Tl~e }-!usband shall have Ne;v Year's vacations in odd numbered years and Easter vacation visitation in even numbered years. The Wife shall have Christmas vacations every successive year. The Husband shall have Thanksgiving vacations every successive year. Each party shall keep the other apprised of his or her telephone number, physical address, and mailing address; and each party shall notify the Clerk of the District Court, Post Office Box 949, Kemmerer, Wyoming 83101-0949 of any change of address or telephone number, as well as any major change in employment. The Husband shall be entitled to claim the minor child, Kayla Jo Bohannon for income tax purposes for the year 1997, and every successive year so long as he is current in his child support obligation. The Wife shall be entitled to claim the minor child, Kaysha Lee Boharmon, for income tax purposes for the year 1997 and every successive year. The Wife shall be awarded the Parties' real property located at 424 Oak Street, LaBarge, Wyoming, subject to the indebtedness, thereon, but free from any claim or demand of the Husband, including any claim arising under th.e homestead laws of the State of Wyoming. Further, the Wife shall assume responsibility for the payment of any indebtedness on such property, and shall indemnify the Husband from any liability therefor. Bohannon v. Bohannon Stipulation and ~greement page 3 148 o 10. 11. 12. 13. 14. 15. 16. The Wife Shall be entitled to receive as her sole and separate property, free and clear of any claims' or demands of the Husband, subject to any outstanding indebtedness thereon, the 1993 Pontiac Grand Am and shall indemnify the Husband from any liability thereon. The Husband shall be responsible for and assume the following debts of the marriage: MCI; Credit Management, Inc.; Bert Murdock Music, Inc.; Mountain Fuel; Pacific Power; Annie Fenn, M.D., P.C.; Great Lakes Collection Bureau, Inc.; Town of LaBarge; and Green River Valley Refuse. The Wife shall be responsible for and assume the following debts of the marriage: ao Fingerhut; and Steve and Tammy Morinville. The Husband and Wife have previously divided the remaining personal property of the Parties, and each is awarded that property they now have in their possession. Each Pai-ty shall.be entitled to retain any other property interest not listed which is currently in their name, including but not limited to insurance policies, pension plans, retirement accounts, savings accounts, accounts receivable, and inheritance. Each party shall assume and pay any other debt not listed herein which is currently in their name. Each of the Parties shall execute, acknowledge and deliver to the other party any and all further instruments required to give full force and effect to the provisions of a subsequent Decree of Divorce within a reasonable time frame and The Wife.. consents to the Husband obtaining a decree of absolute divorce. The Wife admits irreconcilable differences exist. The Wife waives notice of such proceeding and consents to the Husband offering his proof as required by law. Each of the Parties do hereby certify that that Party is familiar with all property owned by the other, and each do further certify that that Party has disclosed to the other Party all property presently owned by the disclosing Party. With the exception of claims for the full and faithful performance of this Agreement, each of the Parties hereto irrevocably and forever waives, renounces, remises and releases: any and all rights that that Party has or might hereafter obtain in or to any property now or hereafter owned by the other, including any and all rights which either might Bohannon v. Bohannon Stipulation and Agreement page 4 17. ¸19. 18. have in the estate of the other, and right to receive or apply for letters of administration, and any right to share in the estate of the other, as in intestacy, or otherwise, as is now or may be hereafter granted by the laws of any country, state or subdivision thereof, in which either of them may reside, including any. right to benefit by right of election under the present Section 2-4-101 of the Wyoming Statutes, 1977, or any similar law. The Wife does hereby waive and surrender any right which she may have as a homestead right in any real estate wheresoever situated that is now owned or that may hereafter be acquired by the Husband. The Husband does hereby waive and surrender any right which he may have as a homestead right in any real estate wheresoever situated that is now owned or that may hereafter be acquired by the Wife. Each of the Parties has been separately responsible for obtaining his or her own legal counsel or advise, each understands the full force and effect of this Agreement and the provisions contained herein, and each executes this Agreement fully realizing that it is to be presented to a court of competent jurisdiction, that the same will constitute a part of any Decree of Divorce, and be incorporated by references therein, or will be incorporated, verbatim, in any Decree of Divorce which may be granted to either Party, provided only that said Court shall approve the same and that a divorce be granted. This agreement shall not be merged into any judgment or Decree of Divorce but shall survive the same, and shall forever be binding and conclusive on the Parties. The tbregoing shall .also apply to any counterclaims made or deiendca a~-id also t~ m~y Judgment or Decree based upon or resulting from the same. This Agreement contains the entire understanding of the Parties on these matters. There are, and have been, no representations, warranties, promises, covenants or undertakings other than those expressly set forth herein. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and executed with the same formality as is this Agreement. No waiver of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default of the same or a similar nature. The failure of either Party to insist in anY one or more inStanCes upon the strict pe'rformanee of any of the terms and provisions of this Agreement on the part of the other Party, who is to perform, shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either Party unless in writing and duly signed by him or her. This Agreement shall be construed and governed in all respects by the laws Of the State of Wyoming where the Parties had their last matrimonial domicile prior to their execution of this Agreement. Bohannon v, Bohannon Stipulation and ^greement page 5 150 20. Each of the Parties hereto certifies that he or she is over the age of eighteen years, and that that Party has either been represented by counsel or had the opportunity to be represented by counsel prior to and at the execution of this Agreement. 21. This Agreement shall not become binding until executed and acknowledged by both of the Parties hereto. IN WITNESS WHEREOF, we have hereunto set our hands on the day and in the year written below, acknowledging thereby that we have read the foregoing instrument and that it expresses our individual intent. DATED this ///~ day of ~-(L 0__¢ ~,~ ~._ [- , 1997. TAMMY BOHANNON . ~JOSEPH CHARLES BOHANNON STATE OF WYOMING ) } SS: COUNTY OF SWE~ATER ) The foregoing Stipulation ~d Property~Settlem,ent Agreement was acknowledged before me this \\ day of ~_'~_ ~1'1~t[~~' 1997, by TAMMY LEE BOHANNON. ' My Commission Expires: NOTARY PUBLIC STATE OF WYOMING ) } SS: COUNTY OF SWEETWATER ) The foregoing Stipulation and Propert~Se~lemen~ Agreement acknowledged before me this /7 ~ day of '~/[ ~7.c~ ,7 , 1997' by JOSEPH CHARLES BOHANN/~ k--' [~ ;,),'l.~/.~,.-,_~_~ N'T~. YPUBLIC ' . g~r,_~ornmission Expires' Bohannon v. Bohannon Stipulation and Agreement page 6