HomeMy WebLinkAbout901173 RECEIVED
LaVoy O. Taylor
P.O. Box 309
Cokeville, ~ 83114
Phone~ (307) 279-3223 ~oo~ b
Fax: (307) 279-3525
IN TIlE DISTRICT COURT OF TI-I]E THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
RANDOLPH E. MORRISON,
Plaintiff,
VS.
CATHRINE B. MORRISON,
Defendant.
Civil No. 11,508
STIPULATED DECREE OF DIVORCE
IN THIS MATTER, the Defendant was duly and regularly served
with Summons and Complaint on the 7th day of June, 2004, as appears from
the "Acceptance of Service And Waiver Of Right To Answer" on file herein;
and having failed t° appear and answer the Plaintiff's Complaint within the
time allowed by law; and the Defendant and the Plaintiff having entered into
a "Stipulation and Agreement" dated June 7, 2004, which is on file herein;
the Court having heard the evidence and being fully advised in the premises,
and after considering the verified and sworn to Interrogatories and Answers
Morrison v. Morrison 1
Civil No. 11,508
Decree of Divorce
of the Plaintiff, finds in favor of the Plaintiff and against the Defendant as
follows:
1. The Parties have acknowledged and agreed that the Stipulation and
Agreement has been made and entered into without fraud, duress, coercion
or undue influence being exerted by one Party over another or against the
other; that there are no representations or agreements relating to the subject
matter hereof which are outside of those expressed herein; and that the terms
hereto constitute the entire agreement and understanding of the Parties.
2. That the Defendant has entered her appearance herein and accepts
and acknowledges service of Summons and of process; acknowledged
receipt of a copy of the Complaint issued in this matter; states that she is a
competent 'adult person not a member of the active military service of any
branch of the armed forces of the United States; waives notice of the time
and place of trial of said matter; and consents to the trial thereof at the
Courthouse at Kemmerer, Wyoming or at any other appropriate courthouse
at any time convenient to the COurt and to the Plaintiff, without further
notice.
3. That the Parties have agreed as follows, and consent to the Court
entering a Decree of Divorce as follows:
Morrison v. 3dorrison 2
Civil No. 11,508
Decree of Di¥orce
- o89
(a) When the Complaint was filed, the Plaintiff was a resident of
Lincoln County, Wyoming, and had been a resident of Wyoming for more
than sixty (60) days.
(b) The Defendant has been properly served within the State of
Wyoming, or has filed in this Court an "Acceptance of Service and Waiver
of Right to Answer." '
(c) The Court has subject matter jurisdiction and personal
jurisdiction over the Parties.
(d) That the Plaintiff is the natural and biological father of the
minor child, REBEKAH RACHELLE MORRISON, age 15 years, born on
May 14, 1089, Social Security No. 591-84-8233.
(e) That the Defendant is the natural and biological mother of said
minor child, REBEKAH RACHELLE MORRISON, age 15 years, born on
May 14, 1989 Social Security No. 591-84-8233. Further, the Plaintiff is not
pregnant at this time.
(f) That the Plaintiff, Randolph E. Morrison, S.S. No. 520-74-1249,
and the Defendant,' Cathrine B. Morrison, S.S. No. 528-21-3629, should
have the joint care, custody, and control of the Parties' child, Rebekah
Rachelle Morrison, with the Plaintiff, Randolph E. Morrison, having the
primary physical custody of said child, Rebekah Rachelle Morrison.
Morrison v. Mrorrison 3
Civil No. 11,508
Decree of Divorce
(g)
minor child/children.
(h) As defined in W.S. 2003
That the Defendant is capable of providing child support for the
§ 20-2-303, the net income of the
Morrison v. Morrison
Civil No. 11,508
Decree of Divorce
parent's share of the total child support obligation is $220.48 +-.
Presumptive child support is not appropriate in this case, since the
Defendant has agreed to let the Plaintiff keep the Parties' home to raise the
Parties' child in; and the Plaintiff and Defendant agree that said arrangement
is worth $220.48 per month to the Plaintiff and the Parties' child. Further,
the Parties agree that the Defendant should not, under the present
circumstances, be ordered to pay child support.
WHEREFORE IT IS HEREBY, ORDERED, ADJUDGED AND
DECREED AS FOLLOWS:
1. That the Plaintiff be, and he is hereby awarded a Decree of
Absolute Divorce from the Defendant herein, and the marriage contract
heretofore entered into between the Parties is hereby dissolved.
4
The presumptive child support obligation of both parents, computed
according to W.S. 2003 §20-3-304, is 689.00 per month. The non-custodial
parents is:
Defendant $1,200.00 per month
Plaintiff $2,596.00 per month
$3,796.00 Total Net - Both Parents
2. CUSTODY. That the Plaintiff, Randolph E. Morrison, and
Defendant, Cathrine B. Morrison, shall have the joint care, custody, and
control of the child, Rebekah Rachelle Morrison; and Randolph E. Morrison
shall have the primary care of said child, subject to reasonable rights of
visitation by Cathrine B. Morrison, and as hereinafter stated.
3. VISITATION. That visitation of the minor child by the
non-custodial parent, Cathrine B. MorrisOn, shall be as follows:
(a) The Defendant shall have weekend visits on the alternating
weekends of each month starting at 5:00 P.M. on Fridays and ending
at 5:00 P.M. on Sunday. However, the Defendant shall give Plaintiff
twenty-four (24) hours notice of her intent to exercise such visits or
the same shall be waived. All notices of intent to exercise visitation
may be given by phone or mail or fax or in person.
(b) The Defendant shall have visitation on holidays of the first half
of Christmas, Easter, also called Spring Break, July 4th, Labor Day on
odd numbered years; and the second half of Christmas, July 24th,
Memorial Day, and Thanksgiving Day on even numbered years.
However, she shall give Plaintiff seven (7) days notice of her intent to
exercise said visit or the same shall be waived. Said notice may be by
mail or phone or in person, and the date of mailing shall be considered
the date of notice.
(c) The Defendant shall have summer visitation with the child as
follows:
The Defendant shall have six (6) weeks visitation of the summer
vacation time with Parties' child, of her choice, and the Defendant shall give
the Plaintiff notice by May 1~t of each year of her choice or the Plaintiff shall
exercise his choice of which six (6) weeks the summer visitation shall be
had. However, the summer visitation shall be set so that the child shall be
· torrison v. Morrison 5
Civil No. 11,508
Decree of Divorce
returned at least seven (7) days before school starts, unless the Parties agree
otherwise.
(d) All holiday and summer, vacation time shall be those dates used
by the school where the child attend.
(e) The Defendant shall provide transportation for the Parties' child
during her visitations, provided the Parties live within one hundred
(100) miles of each other. If the Parties live further than one hundred
(100) miles of each other, each Party shall pay one-half (½) of the cost
of transportation figured at $.28 cents per mile. Unless the Parties
agree to other arrangements, such as each taking the child halfway, or
one Party picking up the child, and the other Party returning the child.
(f) During the Defendant's visitation, the child may be picked up
by any competent person authorized by the Defendant.
(g) Holiday visitation shall take precedence over weekend visits.
(h) The Plaintiff shall have alternate weekend visitation with the
Parties' child during the child's summer visitation with the Defendant,
starting at 5:00 P.M. on Friday and ending at 5:00 P.M. on Sunday.
(i) At such other reasonable times as the parents may agree.
(j) If both parents agree, visitation may vary from the provisions of
this Order. If both parents do not agree, the Parties must abide by the
terms of this Order. Any substantial or permanent change should be
reduced to writing, filed with the Clerk of the Court, and approved by
an Order from the Court.
(k) A certified copy of an order entered by a Wyoming Court
making provision for the care, custody, visitation or maintenance of
child may be filed in the office of the Clerk of District Court in any
county in the state where either parent resides, if neither parent resides
in the county in which the Decree was originally filed. A District
Court where a certified copy of the Decree is filed ~nay enforce the
Decree, as provided at W.S. § 20-2-113. Jurisdiction shall remain in
Morrison v. Morrison 6
Civil No. 11,508
Decree of Divorce
393
the State of Wyoming as long as one of the Parties resides in the State
of Wyoming.
4. SUPPORT. During the child's minority (under the age of
eighteen and while any child is between the ages Of eighteen and twenty and
is attending high school as a full time student), the non-custodial parent,
Cathrine B. Morrison, shall not contribute to the child's support at this time.
That support obligation shall terminate during the minority of any child who
marries, is emancipated, or becomes self-supporting.
a. AMOUNT. The non-custodial parent shall contribute $00.00
per child, for a total of $00.00 per month for the support of the minor
child, due to the Defendant and Plaintiff's property settlement,
therefore compensating the Plaintiff for child support.
b. PLACE. All child support payments, if any in the future,
shall be paid to the Clerk of the Lincoln County District Court, P.O.
Box 510, Kemmerer, WY 83101. The Clerk shall forward the support
payment to the custodial parent at the address the parent supplies to
the Clerk.
c. ARREARAGES. There are no arrearages owed.
d. ABATEMENT. Child support shall abate by one-half ('/2) of
the daily support obligation for each day the non-custodial parent has
physical custody of the child, for whom support is due, provided that
the non-custodial 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 non-custodial parent shall file any claim for child support
abatement with the Clerk of the Court within thirty (30) days after the
.period 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
Morrison v. Jklorrison
Civil No. 11,508
Decree of Divorce
: '.-",?,94
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 non-custodial 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. (W.S. 2002 § 20-2-
305 )
(e) ENFORCEMENT. Wyoming Law provides that any
installment of child support not paid when due shall automatically
become a judgment against the obligated parent on the due date. W.S.
§ 1-16-103 (b) 2003, Wyoming Statutes makes an automatic judgment
subject to a 10% late payment 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 may issue to employers and others who may owe
money to the obligated parent; a percentage of the non-custodial
parent's income ( 35% minimum and up to 65% in some cases) of the
obligated parent's wages and other income could be withheld and
submitted to the Clerk of the Court to be applied toward child support
obligations.
(f) CHANGES. For good cause either Party may petition the
Court for a modification of support.
5. INSURANCE. The Plaintiff shall maintain medical insurance
on the Parties' minor child. Any reasonable and necessary amount of
medical, dental or optical that is not covered by insurance, the Defendant
Morrison v. Morrison 8
Civil No. 11,508
Decree of Divorce
and Plaintiff shall each pay one-half (½) thereof.
Further, the Parties shall
use their best efforts to take the child to a dentist for her dental needs, when
possible. Further, the Plaintiff shall submit to the Court and to the
Defendant, or her representative, written proof that insurance lbr the Parties'
child has been obtained or that application for insurability has been made
within sixty (60) days after the entry of the order requiring insurance
coverage. Proof of insurance coverage shall contain, at the minimum:
(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 on 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.
Further, the Plaintiff shall notify the Court and the Defendant if
insurance coverage for the child is denied, revoked, or altered in any way
that would affect the Plaintiff or Defendant respectively, including any
change relating to information required in the above Paragraph.
6. ADDRESSES. The Parties shall file with the Clerk of Court a
statement as provided in W.S. §2022-202 (iii) (2003) as amended; Further,
should the Plaintiff or the Defendant or either parent plan to change their
home, city or state of residence, or employment, or phone number, they shall
give written notice thirty (30) days prior to the move, or change, both to 'the
Morrison v. 3,1orrison
Civil No. 11,508 9
Decree of Divorce
o~er parent and to the Clerk of the District Court stating the date and
destination of the move or change, with a new address and phone number.
The Parties current addresses are:
Randolph E. Morrison
222 Emery St.
Kemmerer, WY 83101
Social Security No. 520-74-1249
Phone: (307) 877-3558
Employer: Matheson Postal Service
Commerce City, Colorado
Phone: 1-800-523-4508
Cathrine B. Morrison
1422 9thWest, Apt. D
Kemmerer, WY 83101
Social Security No. 528-21-3629
Phone :None
Employer: Self employed
o
claim the
TAX EXEMPTIONS. That Plaintiff shall be entitled to
minor child, Rebekah Rachelle Morison, as a dependant for
income tax purpose for the year 2004, and for each year thereafter, until the
child is emanciPated.
8. PROPERTY DISTRIBUTION
That the property of the Parties shall be divided as agreed to in the
Stipulation and Agreement signed by the Parties hereto, as follows:
btorri$on v. 3~lorrison l 0
Civil No. 11,508
Decree of Divorce
The Plaintiff shall receive as his sole and separate prope~y his
personal belongings and effects and tools, and the following described
property:
The Parties' home at 222 Emory Street in Kemmerer, Wyoming,
more particularly described as follows, to-wit:
Lot 12 of Block 6, and the Easterly 25 feet of Lot 11 of Block 6
of the Willow Addition to the Town of Kemmerer, Lincoln
County, Wyoming as described on the official plat thereof. There
is thereon a stick built home and a mobile home on a foundation.
a. 1974 Dodge Ram Charger VIN No A10AT4X129622.
b. 2000 GMC 3500 Truck VIN No. 1GTHK3350YF435984.
c. 2002 Artic Cat 900 VIN No. 4UF035NW93E100917.
c. 1999 Attic Cat 700 VIN No. 9948728.
c. 1995 Artic Cat ZRT 600 VIN No. 9658781.
d. 2002 Custom 4 place Trailer
e. 1987 Nissan Pick-Up VIN No. JN6ND11Y6HW003463.
o
Those household goods, appliances, kitchen dishes, pots, and
pans, and furniture and appliances that were orally agreed to by
the parties on May 27, 2004.
(b) The Defendant shall receive as her sole and separate property her
personal belongings and effects and tools and business equipment, and the
following described property:
1995 Cadillac Concourse, VIN No. 1G6KF52Y5SU203794.
2. Those household goods, appliances, kitchen dishes, pots, and pans,
and furniture and appliances that were orally agreed to by the parties
on May 27, 2004.
Morrison v. Morrison
Civil No. 11,508
Decree of Divorce
.11
(c) The Plaintiff and Defendant shall keep as their own, IRAs and
retirement plans, and/or 401 K plans they have in their own name as their
own and separme properly.
9. DEBTS OF THE PARTIES
The Parties shall each pay all the debts owed on the property they
receive in this document, as their sole and separate property, and hold the
other Party harmless therefrom. Further, they shall each pay any debts they
have made in their own name, and hold the other Party harmless therefrom;
EXCEPT the Plaintiff shall pay the debt on the 1995 Cadillac the Defendant
is receiving.
a. FURTHER the Plaintiff shall pay the following debts, to,wit: The
vehicle loan 1st National Bank of Star Valley; house payment - First
National Bank of Star Valley; personal loan - WY Emp; home equity loan -
First National; Capital One Credit card; Hoover Chiropractic Clinic; South
Lincoln Medical Clinic; Mountain West EMT; South Lincoln District
Hospital; Dr Robert D. Schaffarzick; Robert P Tyrrell, DDS; Eckroth Music;
property insurance on House; vehicle insurance 2000 GMC; vehicle
insurance 1974 Dodge; Teton Orthopedics; Teton Out Patient Services;
Teton Internal Medicine; Teton Anesthesia Assoc, P.C.; David Pfeifery
SA-C Pending Insurance; and Saint John's Madical Center Pending
Insurance.
b. FURTHER the Defendant shall pay the following debts, to-wit:
Her personal loan at First National Bank of Star Valley, WY, Providian
Visa, vehicle insurance on the 1995 Cadillac, Cornerstone Counseling,
Wells Fargo Bank, and the loan from her mother and her mother's husband.
10. OBLIGATION TO COOPERATE.
The Parties hereto agree to do as follows:
a. Exercise discretion and cooperate with each other in exercising
custodial and visitation rights so the best interest of the child is
served.
Morri$on v. Morrison
Civil No. 1 I, 508
Decree of Divorce
12
0 01173
..o99
b. Make every reasonable effort to ensure that the child has free
access to and unhampered contact with both parents.
c. Encourage the free and natural development of the child's love
and respect for both parents and do nothing which may estrange the
child from the other parent, or injure the opinion of the child as to the
other parent.
d. Keep each other informed as to the location and phone number
of the child at all times.
e. Promptly notify the other parent of any illness, accident or other
circumstance seriously affecting the health or welfare of the child.
Both parents shall have the unlimited visitation privileges, consistent
with the circumstances, for so long as the emergency situation
continues.
f. Consult with each other in advance of any major, non-
emergency health care expenditure for the minor child, giving both
parents the full opportunity to investigate the reasonableness of any
such expenditure.
g. Be entitled to complete information from any physician, dentist,
psychologist or other specialist attending to the child for any reason
whatsoever and shall be entitled to be furnished with copies of any
reports rendered by such specialist. Neither parent shall do anything
to frustrate the other parent's access to any health care records relating
to the child.
h. Enroll the child in public pre-schools and public schools and
allow and encourage the child to participate fully in extra-curricular
school activities for which the are eligible, unless the Parties mutually
agree otherwise.
i. Be entitled to complete detailed information from any teacher,
school or college and shall be entitled to be furnished with copies of
all reports or records with respect to the child's education. Neither
parent shall do anything to frustrate the other parent's access to any
school records relating to the child.
Morrison V. Morrison
Civil No. 1 I. 508
Decree of Divorce
::::::::::::::::::::::::
13
.-4GO
j. Consult with each other with respect to all matters of major
importance affecting the welfare of the child.
MISCELLANEOUS
1. In the event either Party shall fail to perform, in whole or in
part, any obligation herein, such defaulting Party shall be responsible for
paying a reasonable attorney's fee and suit costs inculTed by the other Party
as a result of such failure and default.
2. The provisions hereof shall not be modified or changed except
by mutual consent and agreement of the Parties expressed in writing.
3. That the Stipulation and Agreement between the Parties filed
herein should be, and the same is hereby intended to be incorporated by
reference in the Decree of Divorce.
4. That the Defendant has either consulted with her own attorney
at law before signing this Agreement or decided to act on her own, and she
understands that the Plaintiff's attorney, LaVoy O. Taylor, is not
representing her i.n this matter in any way or capacity.
5. The plaintiff shall pay his own attorney's fees in this action,
and the Defendant shall pay the Plaintiff one-half (50%) of his attorney's fee
and costs of Court.
6. The Plaintiff shall have her maiden name of Cathrine B.
Johnstun a/k/a Cathrine Barbara Johnstun, returned to her.
7. The Plaintiff and Defendant shall each pay one-half (50%) of
the back federal income tax owed for the years 2002 and 2003, and one-half
(50%) of the property tax owed on the parties home.
8. The Plaintiff and Defendant agree that if the Plaintiff remarries
he shall pay the Defendant one-half (½) of the equity in the parties home, as
said equity is on this date, and if the Plaintiff sells the parties home he shall
pay the Defendant one half (½) of the equity in the parties home, as said
equity is on this date.
Morrison v. Morrison 1 4
Civil No. 11,508
Decree of Divorce
9. The Defendant shall QuitClaim all her interest in the parties
home hereinbefore described, upon a Decree of Divorce being entered in this
action.
DATED thing//'/& day .
District Court Judge
CERTIFICATE OF SERVICE
I, the Clerk of District Court, do hereby certify that I served a true and
correct copy of the above foregoing Stipulated Decree of Divorce by
mailing a copy thereof by United States first-class mail, postage prepaid on
the ~q day of (~~._ ,2004 to the tbllowing address:
LaVoy O. Taylor
Attorney at Law
P. O. Box 309
Cokeville, WY 83114
Cathrine B. Morrison
1422 9th West, Apt. D
Kemmerer, WY 83101
STATE OF WYOMING 1 SS.
COUN'iY OF LINCOLN
I, Kenneth D. Roberts, Clerk of the Third
Judicial District Court within and foresaid
county and in the State of foresaid, do
hereby certify the foregoing to be a full,
true, and comple,te..copy. ."--~--~L ~
S Gr ED
BY:
Clerk of District Court
?
Deputy Clerk of Court
Morrison v. Morrison
Civil No. 11,508
Decree of Divorce
15