Professional Documents
Culture Documents
Deborah Jean Dahl v. James Richard Dahl 02-3-02768-6
Deborah Jean Dahl v. James Richard Dahl 02-3-02768-6
17208352
CICS
08-29-02
J
Please check one category that best describes this case for indexing purposes.
Presumed tracks are listed next to the cause codes. (Non PCLR indicates no Track Assignment Request is required.)
If you cannot determine the appropriate category, please describe the cause of action below. This will create a
AMiscel/aneous:cause which is not subject to PCLR 1, and does not require a Track Assignment Request Form.
APPEAL I REVIEW
_Administrative Law Review (ALR 2) Non PCLR
_Civil, Non-Traffic (LCA 2) Non PCLR
_Civil, Traffic (LCI 2) Non PCLR
CONTRACT I COMMERCIAL
_ Breach of Contract (COM 2) EXPEDITED
_Commercial Contract (COM 2) EXPEDITED
_Commercial Non-Contract (COM 2) EXPEDITED
_Third Party Collection (COL 2) EXPEDITED
DOMESTIC RELATIONS
_Annulment/ Invalidity (INV 3) DISSOLUTION
_Child Custody (CUS 3) DISSOLUTION
_)'... Dissolution with children (DIC 3) DISSOLUTION
_ Dissolution without children (DIN 3) DISSOLUTION
_ Foreign Judgment (FJU 3) Non PCLR
_Legal Separation (SEP 3) DISSOLUTION
_Mandatory Wage Assignment (MW A 3) Non PCLR
_Meretricious Relationship (MER 2) Non PCLR
_Modification (MOD 3) Non PCLR
_Out-of-State Custody (OSC 3) DISSOLUTION
_Reciprocal, Respondent in county (RIC 3) Non PCLR
_ Reciprocal, Respondent out of county (ROC 3) Non PCLR
JUDGMENT
_Abstract Only (ABJ 2) Non PCLR
_Foreign Judgment (FJU 2) Non PCLR
_Judgment, Another County (ABJ 2) Non PCLR
_Judgment, Another State (FJU 2) Non PCLR
_Tax Warrant (TAX 2) Non PCLR
_Transcript of Judgment (TRJ 2) Non PCLR
OTHER COMPLAINT OR PETITION
_Compel/Confirm Binding Arbitration (MSC 2) Non PCLR
_Change of Name (CHN 2) Non PCLR
_ Deposit of Surplus Funds (MSC 2) Non PCLR
_ Emancipation of a Minor (EOM 2) Non PCLR
_Injunction (INJ 2) Non PCLR
_ Intcrplcader (MSC 2) Non PCLR
_Malicious Harassment (MHA 2) Non PCLR
_Minor Settlement /No Guardianship (MST 2) Non PCLR
_ Petition for Civil Commit/Sexual Predator (PCC 2) Non PCLR
_ Seizure of Property from Comm of Crime (SPC 2) Non PCLR
_ Seizure of Property Resulting from Crime (SPR 2) Non PCLR
_ Subpoenas (MSC 2) Non PCLR
ADOPTION I PATERNITY
_Adoption (ADP 5) Non PCLR
_ Confidential Intermediary (MSC 5) Non PCLR
_ Initial Pre-Placement Rpt (PPR 5) Non PCLR
_ Modification (MOD 5) Non PCLR
_ Paternity (PAT 5) Non PCLR
_ Patemity/URESA/UIFSA (PUR 5) Non PCLR
_ Relinquishment (REL 5) Non PCLR
_Terminate of Parent-Child Relation (TER 5) Non PCLR
PROBATE I GUARDIANSHIP
_Absentee (ABS 4) Non PCLR
_Disclaimer (DIS 4) Non PCLR
_ Estate (EST 4) Non PCLR
_ Foreign Will (FNW 4) Non PCLR
_Guardianship (GDN 4) Non PCLR
_Guardianship I Estate (G/E 4) Non PCLR
_Limited Guardianship (LGD 4) Non PCLR
_Minor Settlement /With Guardianship (MST 4)Non PCLR
_Non-Probate Notice to Creditors (NNC 4) Non PCLR
_Will Only (WLL 4) Non PCLR
PROPERTY RIGHTS
_Condemnation (CON 2) STANDARD
_Foreclosure (FOR 2) STANDARD
_Property Fairness (PFA 2) STANDARD
_Quiet Title (QTI 2) STANDARD
_Unlawful Detainer/Eviction (UND 2) Non PCLR
TORT I MEDICAL MALPRACTICE
_Hospital (MED 2) COMPLEX
_ Medical Doctor (MED 2) COMPLEX
_Other Health Care Professional (MED 2) COMPLEX
TORT I MOTOR VEHICLE
_ Death (TMV 2) STANDARD
_Non-Death Injuries (TMV 2) STANDARD
_ Property Damage Only (TMV 2) STANDARD
TORT I NON MOTOR VEHICLE
_Asbestos (PIN 2) STANDARD
_Other Malpractice (MAL 2) COMPLEX
_Personal Injury (PIN 2) STANDARD
_ Products Liability (PIN 2) STANDARD
_ Property Damage (PRP 2) STANDARD
_Wrongful Death (WDE 2) STANDARD
WRIT
_ Habeas Corpus (WHC 2) Non PCLR
_ Mandamus (WRM 2) Non PCLR
_Review (WRY 2) Non PCLR
8?29/2002
02-3-02768-6
17209355
SM
6231
~0002
OB-29-02
FILED
3
A.M.
4
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}
}
AUG 2 8 2002
P.M.
;i;
-i
6
7
02 3 02768 6
9
In re the Marriage of:
NO.
DEBORAH J. DAHL
SUMMONS
{SM)
10
11
Petitioner,
and
12
JAMES R. DAHL
13
Respondent.
14
TO THE RESPONDENT:
JAMES R. DAHL
15
1.
The petitioner has started an action in the above court requesting that
your marriage be dissolved.
16
17
18
2.
19
20
21
22
23
24
25
SUMMONS
WPF OR 01.0200 (9/2001)
CR 4.1
Page 1 of 2
Famqi+1'/ua
10.7
B/29.1'2frn2
&23.1
50003
3.
2
3
4
http://www.courts.wa.gov/forms
5
4.
If this action has not been filed with the court, you may demand that
the petitioner file this action with the court. If you do so, the demand
must be in writing and must be served upon the person signing this
summons. Within 14 days after you serve the demand, the petitioner
must file this action with the court, or the service on you of this
summons and petition will be void.
5.
6
7
8
9
10
11 6.
12
13
le 4. 1 of the State
14
Dated:
15
16
17 FILE ORIGINAL OF YOUR
RESPONSEWITH THE CLERK
18 OF THE COURT AT:
Clerk of the Court
19 Pierce County Court
County-City Building
20 930 Tacoma Ave. S., Rm 110
Tacoma, WA 98402
21
22
23
24
25
SUMMONS
WPF DR 01.0200 (9/2001)
CR 4.1
Page 2 of 2
Interoffice II:
Client File: P:\SCPLUS\DAHL\dahl.SCP 08/26/2002
11:05 a.m.
Form: P:\SCPLUS\DAHL\summons.DOC
08/26/2002
11:05 a.m.
f'DrJM+.PfU.11
10. 7
B~29/2~82
02-3-02768-6
17208357
PTDSS
&231
00004
OB-29-02
FILED
3
4
A.M.
AUG 2 8 2002
6
7
P.M.
DEPUT
8
9
02 3 02768 6
NO.
DEBORAH J. DAHL
10
11
Petitioner,
and
12
JAMES R. DAHL
13
Respondent.
14
15
I. BASIS
, .,
IDENTIFICATION OF PETITIONER.
16
Name (first/last) DEBORAH DAHL, Birth date 07/29/57
17
Last known residence PIERCECounty, WA (county and state)
18
1.2
IDENTIFICATION OF RESPONDENT.
19
Name (first/last) JAMES DAHL, Birth date 01 /08/54
20
Last known residence PIERCECounty, WA (county and state}
21
, .3
22
23
24
25
Age 13
Age 10
Age 5
roNM+Plu~
10. 7
1
2
1.4
3
4
1.5
broken.
6
1.6
SEPARATION.
7
Husband and wife are not separated.
8
1.7
JURISDICTION.
9
This court has jurisdiction
10
This court has jurisdiction
11
The respondent is presently residing in Washington.
12
1.8
PROPERTY.
13
There is community or separate property owned by the parties. The
court should make a fair and equitable division of all the property.
14
15
16
1.9
17
The parties have debts and liabilities. The court should make a fair
and equitable division of all debts and liabilities.
18
19
20
1.10
SPOUSAL MAINTENANCE.
21
Spousal maintenance should not be ordered.
22
1 . 11
23
Does not apply.
24
25
PETITION FOR DISSOLUTION OF MARRIAGE
WPF DR 01.0100 (9/2001)
RCW 26.09.020
Page 2 of 5
1 .12
2
3
PREGNANCY.
The wife is not pregnant.
1 .13
5
This state is the home state of the children because the
children lived in Washington with a parent or a person
acting as a parent for at least six consecutive months
immediately preceding the commencement of this
proceeding.
6
7
8
1.14
9
10
11
16
17
18
19
(The following information is required only for those children who are
included in the petitioner's proposed parenting plan.)
20
During the last five years, the children have lived in no place other
than the State of Washington and with no person other than the
petitioner or the respondent.
21
22
23
The petitioner does not know of any person other than the
respondent who has physical custody of, or claims to have
custody or visitation rights to, the children.
24
25
PETITION FOR DISSOLUTION OF MARRIAGE
WPF DR 01.0100 (9/2001)
RCW 26.09.020
Page 3 of 5
8/29/2802
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~I
3
Other legal proceedings concerning the children:
5
6
1 .1 5
OTHER:
7
8
11. RELIEF REQUESTED
9
The petitioner REQUESTS the Court to enter a decree of dissolution and to
10 grant the relief below.
11
12
13
14
15
16
One to each and alternating the third exemption every other year
with Mother taking even tax years and Father taking odd tax years.
17
18
19
20
Dated:
21
22
23
24
25
PETITION FOR DISSOLUTION OF MARRIAGE
WPF DR 01.0100 (9/2001)
RCW 26.09.020
Page 4 of 5
f"ormuP/u,. 10.7
.., .
1
I declare under penalty of perjury under the laws of the State of Washington
that the foregoing is true and correct.
2
Signed at
3
;f(fu4.
(<IA
4
~
, on
4llf;0J(Date
f7t; 'io&.
JfaM,
Declarant/
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10
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PETITION FOR DISSOLUTION OF MARRIAGE
WPF DR 01.0100 (9/2001)
RCW 26.09.020
Page 5 of 6
8~29/20H2
02-3-02768-6
17208359
6231
00089
AST
FILED
IN COUNTY CLERK'S OFFICE
A.M.
AUG 2 8 2002
P.M.
BY
COUNTY~LERKDEPUTY
No.02-3-02768-6
ORDER ASSIGNING CASE
TO DEPARTMENT
Docket Code: AST
In accordance with PCLR 40(b}, this case is hereby assigned to Department 10, Judge D. Gary Steiner.
Notice to Petitioner:
Once the case has been filed, the petitioner shall serve a copy of this Order Assigning Case to Department on
the respondent with the summons and petition. Provided, however, that in those cases where service is by
publication the petitioner shall serve a copy of this Order Assigning Case to Department within five (5) court
days of service of the respondent's first response/appearance.
If the case has not been filed, but an initial
pleading is served, a copy of this Order Assigning Case to Department shall be served within five (5) court days
of filing. PCLR 1 (b ).
Trial Date:
A trial date may be obtained pursuant to PCLR 40(d) by filing a 'Note of Issue' for assignment of a trial date by
noon at least six (6) court days prior to the date fixed for assignment of the trial date. PCLR 40(d}
If a trial date is not obtained pursuant to PCLR 40(d), failure to appear on this date will result in dismissal of the
case by the Court. PCLR 40(d)
At that time the Court will provide you with a Case Schedule which shall include the trial date. Failure to
appear on this date will result in dismissal of the case by the Court. PCLR 40(d).
Uncontested Dissolutions/Settlements:
If this case is agreed upon by both petitioner and respondent, you are not required to wait for the trial date in
order to settle your case. If you settle your case and the appropriate time requirements have been met, you
may file a 'Note for Commissioner's Calendar' to appear before a Court Commissioner for entry of final papers.
August28,2002
Ix civil. d_family _law_ assignment_notice
l l l\ rn 1111 rn IDH
02-3-02768-6
17211109
NTC
FILE 0
IN COUNTY CLERK'SOFFICE
PIERCE COUNlY, WASHINGTON
OB-29-02
AUG 2 8 2002
A.M.
BY
COUNTY CLERK
~
DEPUTY
)
)
)
)
)
)
)
Case No.
02 3 02768 6
_
Defenclant(s)/Respondent(s).
TO THE CLERK OF THE SUPERIOR COURT AND TO:
NAME
_J_A_M_E_S_D_A_H_L~~~~~~~~~~WSB#~~~~~~~~~
ADDRESS
ATTORNEY FOR._~~~~~
--------------~PHONE
Please take notice that an issue of law in this case will be heard on the date below and the clerk is
directed to note this issue on the appropriate calendar:
II
CALENDAR
II
Signed:__
l--1'-\-~+---------20139
FORMS\COMNOTE32001.00C
P.M.
S/29/2002
02-3-02768-6
17208374
PPP
231
00023
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FILED
3
A.M.
4
5
BY
AUG 2 8 2002
'f
DEPU
6
7
02 3 02768 6
9
In re the Marriage of:
NO.
DEBORAH J. DAHL
PARENTING PLAN
PROPOSED (PPP)
10
11
Petitioner,
and
12
JAMES R. DAHL
13
Respondent.
14
This parenting plan is proposed by Mother.
15
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
16
I. GENERAL INFORMATION
17
This parenting plan applies to the following children:
18
Name
Age
19
20
AMANDA
SARA\-\
ELIZABETH
DAHL
DAHL
DAHL
13
10
5
21
II. BASIS FOR RESTRICTIONS
22
23
Under certain circumstances, as outlined below, the court may limit or prohibit
a parent's contact with the children and the right to make decisions for the
children.
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 1 of 12
B/29/2002
2.1
6231
00024
3
2.2
4
The father's involvement or conduct may have an adverse effect on
the children's best interests because of the existence of the factors
which follow:
6
A long-term impairment resulting from drug, alcohol, or other
substance abuse that interferes with the performance of parenting
functions.
8
111. RESIDENTIAL SCHEDULE
9
The residential schedule must set forth where the children shall reside each
10 day of the year, including provisions for holidays, birthdays of family
members, vacations, and other special occasions, and what contact the
11 children shall have with each parent. Parents are encouraged to create a
residential schedule that meets the developmental needs of the children and
12 individual needs of their family. Paragraphs 3.1 through 3.9 are one way to
write your residential schedule. If you do not use these paragraphs, write in
13 your own schedule in Paragraph 3.13.
14
3.1
15
16
17
18
19
3.2
SCHOOL SCHEDULE.
Upon enrollment in school, the children shall reside with the mother,
except for the following days and times when the children will reside
with or be with the other parent: other:
Saturday 9:00 a.m. - 8:00 p.m. and Sunday 9:00 a.m. 8:00 p.m. every other weekend.
20
21
The school schedule will start when each child begins kindergarten
22
23
24
25
PARENTING PLAN
WPF DR 01 .0400 (9/2001)
RCW 26.09.181; .187; .194
Page 2 of 12
8/29/2002
17
6231
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The residential schedule for the children for the holidays listed below
is as follows:
18
With Mother
(Specify
Year
Odd/Even/Every)
19
20
21
22
23
24
25
FormsPfu.1 10. 7
With Father
(Specify
Year
Odd/Even/Every)
Odd
Even
Odd
Even
Odd
Even
Odd
Even
Even
Odd
Even
Odd
Even
Odd
Even
Odd
8/2~/2002
Christmas Day
Odd
6231
00026
Even
For purposes of this parenting plan, a holiday shall begin and end as
follows (set forth times):
3
10:00 a.m. - 8:00 p.m. but for Christmas Eve which shall extend to
10:00 p.m.
5
6
7
Other:
*January 1st is youngest child's birthday and shall be shared as
designated in special occasions below.
8
9
3.8
10
The residential schedule for the children for the following special
occasions (for example, birthdays) is as follows:
11
12
With Mother
(Specify
Year
Odd/Even/Every)
13
With Father
(Specify
Year
Odd/Even/Every)
14
Mother's Day
Every
15 Father's Day
Every
Mother's Birthday
Every
16 Father's Birthday
Every
Children's Birthdays
Share
Share
17
3.9
PRIORITIES UNDER THE RESIDENTIAL SCHEDULE.
18
If the residential schedule, paragraphs 3.1 - 3.8, results in a conflict
19
where the children are scheduled to be with both parents at the same
time, the conflict shall be resolved by priority being given as follows:
20
Rank the order of priority, with 1 being given the highest priority:
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 4 of 12
fDhns+Pluf 10.7
8/29/2002
3.10
6231
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RESTRICTIONS.
The father's residential time with the children shall be limited because
there are limiting factors in paragraphs 2.1 and 2.2. The following
restrictions shall apply when the children spend time with this parent:
3
4
only.
5
3.11
TRANSPORTATION
ARRANGEMENTS.
6
Transportation costs are included in the Child Support Worksheets
and/or the Order of Child Support and should not be included here.
7
8
Transportation
as follows:
arrangements
9
Father shall provide transportation.
10
11 3.12
DESIGNATION OF CUSTODIAN.
12
The children named in this parenting plan are scheduled to reside the
majority of the time with the mother. This parent is designated the
custodian of the children solely for purposes of all other state and
federal statutes which require a designation or determination of
custody. Th is designation shall not affect either pa rent's rights and
responsibilities under this parenting plan.
13
14
15
3.13
OTHER.
3.14
16
17
18
19
20
This is a summary only. For the full text, please see RCW 26.09.430
through 26.09.480.
21
If the person with whom the child resides a majority of the time plans
to move, that person shall give notice to every person entitled to court
ordered time with the child.
22
23
If the move is outside the child's school district, the relocating person
must give notice by personal service or by mail requiring a return
receipt. This notice must be at least 60 days before the intended
move. If the relocating person could not have known about the move
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page5 of 12
forrm+l'l1.1~ 10.7
B/29/2002
&231 00023
in time to give 60 days' notice, that person must give notice within 5
days after learning of the move. The notice must contain the
information required in RCW 26.09.440. See also form DRPSCU
07.0500, (Notice of Intended Relocation of A Child.)
2
3
If the move is within the same school district, the relocating person
must provide actual notice by any reasonable means. A person
entitled to time with the child may not object to the move but may ask
for modification under RCW 26.09.260.
4
5
6
7
8
9
A relocating person may ask the court to waive any notice
requirements that may put the health and safety of a person or a child
at risk.
10
11
Failure to give the required notice may be grounds for sanctions,
including contempt.
12
13
14
15
A person entitled to time with a child under a court order can file an
objection to the child's relocation whether or not he or she received
proper notice.
16
17
18
19
The relocating person shall not move the child during the time for
objection unless: (a) the delayed notice provisions apply; or {b) a court
order allows the move.
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01 .0400 (9/2001)
RCW 26.09.181; .187; .194
Page 6 of 12
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1
IV. DECl~ION MAKING
2
4.1
DAY-TO-DAY DECISIONS.
3
Each parent shall make decisions regarding the day-to-day care and
control of each child while the children are residing with that parent.
Regardless of the allocation of decision making in this parenting plan,
either parent may make emergency decisions affecting the health or
safety of the children.
5
6
4.2
MAJOR DECISIONS.
7
Major decisions regarding each child shall be made as follows:
8
Education decisions:
joint
10
Non-emergency health
care:
joint
11
Religious upbringing:
mother
12 4.3
13
14
History of cooperation between the parties with regard to
15 education and medical decisions. Mother shall have sole decisionmaking with
regard to the children's religious upbringing to keep them in the same religious
16 routine that they are accustomed to.
17
V. DISPUTE RESOLUTION
18
The purpose of this dispute resolution process is to resolve disagreements
19 about carrying out this parenting plan. This dispute resolution process may,
and under some local court rules or the provisions of this plan must, be used
20 before filing a petition to modify the plan or a motion for contempt for failing
to follow the plan.
21
Disputes between the parties, other than child support disputes, shall
22
be submitted to {list person or agency):
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 7 of 12
B/29/2002
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1
2
(a)
(b)
(c)
7
8
9
10
(d)
(e}
The parties have the right of review from the dispute resolution
process to the superior court.
11
12
13
14
VI.
OTHER PROVISIONS
15
There are the following other provisions:
16
A. The child shall have reasonable telephone privileges with the parent
17 with whom the child is not then residing, without interference from the
residential parent.
18
8. Each parent agrees to exert every reasonable effort to maintain free
19 access and unhampered contact and communication between the child and
the other parent, and to promote the emotions of affection, love and respect
20 between the child and the other parent. Each parent agrees to refrain from
words or conduct, and to discourage other persons from uttering words or
21 engaging in conduct which would have a tendency to estrange the child from
the other parent, to damage the opinion of the child as to the other parent, or
22 which would impair the natural development of the child's love and respect
for the other parent. Each parent agrees and understands that words or
23 conduct which have a tendency to estrange or diminish the opinion of the
child from the other parent, also tends to diminish the child's self-esteem and
24 self-worth.
25
C.
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 8 of 12
F'ortna+l'lu 10. 7
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and authority, so long as it is not adverse to the child's best interest. Neither
parent shall interfere in the parenting style of the other, nor shall either parent
make plans or arrangements that would impinge upon the other parent's
authority or time with the child without the express agreement of the other.
Each parent shall encourage the children to discuss his or her grievance
against a parent directly with the parent in question. It is the intent of both
parents to encourage direct parent-child communication and bonding.
7
E. Each parent shall inform the other when that parent plans to be
away from his or her residence with the child for more than two consecutive
nights. The information to be provided shall include duration of the period,
9 the destination(s) and destination telephone number(s). This provision is
included solely for purposes of knowing the parent's and child's location in
10 the event of an emergency and is not meant to be intrusive.
11
F. Neither parent shall advise the child of the status of child support
payments or other legal matters regarding the parental relationship and
1 2 obligation.
13
14
15
H. Each parent shall have the right and responsibility to insure that the
children attend school and other scheduled activities while in that parent's
16 care. Activities shall not be scheduled to unreasonably interfere with the
other parent's residential time with the child.
17
I. Each parent shall provide the other parent with the address and
18 telephone number of their residence and update such information promptly
whenever it is anticipated to change or changes. "Reasonableness" is defined
19 at least 30 days in advance of a scheduled move, or within 72 hours of an
unscheduled move.
20
J. Neither parent shall ask the child to make decisions or requests
21 involving the residential schedule with the children except for plans which
have already been agreed to by both parents in advance.
22
K.
23 primary residence or encourage the child to believe that it is his or her choice
24
to do so. It is a choice which will be made by the parents or, if they cannot
agree, the courts.
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 9 of 12
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25
PARENTINGPLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 10 of 12
F'ONMl'lu~
10. 7
8/29/2002
6231
00033
1
VII.
2
[ ]
[ ]
3
4
5
6
7
of'~J~
Mother
Father
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 f9/2001)
RCW 26.09.181; .187; .194
Page 13 of 14
..
8/2~/2002
6231
It is ordered, adjudged and decreed that the parenting plan set forth above is
adopted and approved as an order of this court.
00034
3
4
5
6
7
8
.Judqe/Cornrnlssicner
11
Presented by:
12
13
14
W.S.B.A. #
Attorney for Respondent
15
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 12 of 12
Interoffice ff:
Client File: P:\SCPLUS\DAHL\dahl.SCP
08/26/2002 11:41 a.m.
Form: P:\SCPLUS\DAHL\PP.DOC 08/26/2002
11:42 a.m.
..
8/29/Zfl02 6231
02-3-02768-6
\ 7200368
00010
FNDCLR
1
FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
2
3
A.M.
AUG 2 8 2002
BY
----.,]r1-' --
5
6
7
8
9
02 3 02768 6
DEBORAH J. DAHL
NO.
10
11
Petitioner,
And
JAMES R. DAHL
12
13
14
15
16
FINANCIAL DECLARATION
[X]PETITIONER
[]RESPONDENT
(FNDCLR)
Res ondent.
Name: Deborah J. Dahl
17
18
$2,423.60
[X]
[ ]
$3,295.00
$377.00
$3,672.00
$4,502.00
Unknown
Occupation: Nurse
19
2.2
20
2.3
21
22
b. If no:
1.
23
24
25
FINANCIAL DECLARATION (FNDCLR - Page 1 of 6)
WPF DR 01.0550 (912001)- RCW 26.18.220 (1)
P.M.
8/29/2002
6231
1
2
3
4
5
3.1
7
8
9
10
11
a.
b.
c.
d.
e.
Imputed Income
Wages and Salaries
Interest and Dividend Income
Business Income
Spousal Maintenance From Other
Relationships
f.
g.
Other Income
Total Gross Monthly Income
(add lines 3.1 a through 3.1e)
Actual Gross Income (Year-to-date)
12
13
14
15
h.
3.2
16
18
19
20
21
3.3
22
Respondent
$2,977.50
$4,502.00
$2,977.50
$4,502.00
17
Petitioner
Income Taxes
FICA/Self-employment Taxes
State Industrial Insurance Deductions
MANDATORY Union/Professional Dues
Pension Plan Payments
Spousal Maintenance Paid
Normal Business Expenses
Total Deductions from Gross Income
(add lines 3.2a through 3.2g)
Petitioner
$243.71
$227.78
Respondent
$602.79
$344.40
$22.26
$60.15
$167.00
$553.90
$1,114.19
$2,423.60
$3,387.81
23
24
25
FINANCIAL DECLARATION (FNDCLR - Page 2 of 6)
WPF DR 01.0550 (912001)- RCW 26.18.220 (1)
00011
8/29/2002
3.4
2
3
4
5
6
7
8
9
MISCELLANEOUS INCOME.
a. Child support received from other relationships
Name:
Name:
b. Other miscellaneous income (list source and amounts)
Income of current spouse
Name:
Name:
Income of children
Name:
Name:
Income from assistance programs
Name:
Name:
Non-recurring income
Name:
Name:
Other Income:
Petitioner
6231
Respondent
10
11
12
c.
3.5
3.6
If the income of either party is disputed, state monthly income you believe is correct and
explain below:
17
4.1
4.2
4. 3
18
4.4
Cash on hand
On deposit in banks
Stocks and bonds
Cash value of life insurance
Other liquid assets:
13
14
15
16
19
20
21
22
23
HOUSING.
Rent, 1st mortgage or contract payments
Installment payments for other mortgages or
encumbrances
Taxes & insurance (if not in monthly payment)
Total Housing
$980.00
$275.00
$1,255.00
24
25
FINANCIAL DECLARATJON(FNDCLR - Page 3 of 6)
WPF DR 01.0550 (912001)- RCW 26.18.220 (1)
~0612
8/29/2002
~231
00013
8/29/2002
5.8
MISCELLANEOUS EXPENSES
Life insurance (if D.Q1 deducted from income)
Other:
Other:
Total Miscellaneous Expenses
5.9
231
$3,295.00
8
9
10
11
12
13
14
5.11
OTHER DEBTS AND MONTHLY EXPENSES NOT INCLUDED IN PARAGRAPHS 5.1 - 5.8
Month of
Amount of
Creditor/Description of Debt
Balance
Last Payment
Monthly Payment
Healthcare Billing Services
$200.00
August
$50.00
Penneys
$350.00
August
$17.00
Visa Colleague Services
$4,487.22
August
$135.00
Capitol One Mastercard
$896.99
August
$26.00
SLM Financial
$3,000.00
August
$40.00
Chevron
$1,147.27
August
$109.00
15
16
17
18
19
20
21
22
23
24
25
FINANCIAL DECLARATION (FNDCLR - Page 5 of 6)
WPF DR 01.0550 (912001)-RCW 26.18.220 (1)
SupportCa/c/FD 2002
00014
1
2
'
$377.00
$3,672.00
3
VI. ATTORNEY FEES
4
6.1
6.2
6.3
6.4
6.5
Other:
5
6
$1,500.00
9
10
11
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at
on
[Place]
12
13
_
[Date]
Deborah J. Dahl
Declarant/Petitioner
14
The following financial records are being provided to the other party and filed separately with the court:
15
Financial records pertaining to myself:
16
17
18
19
20
21
22
23
24
25
FINANCIAL DECLARATION (FNDCLR - Page 6 of 6)
WPF DR 01.0550 (912001)- RCW 26.18.220 (1)
f>
I hereby declare under penalty of perjury and in accordance with the laws of the State of
Washington that the foregoing is true and correct.
DATED this _tl/ctay
of
!Jvef ,
2002.
4
5
Debbie Dahl
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-1
DOCUMENTS
\ET SYNOPSIS
02-3-02768-6
17208370
csw
08-29-02
4.
TOTAL
MOTHER
$2,423.60
.417
COMBINED
$5,811.41
02 3 02768 6
$11s1.oo
7.
FATHER
$3,387.81
.583
TOTAL OBLIGATION
$1024.33
$364.46
$732.67
$260.69
$1388.79
$993.36
$358.00
11.
TOTAL CREDITS
$358.00
12.
$1757.00
$625.15
$355.00
$355.00
$1030.79
FILED
A.M.
P.M.
SupportCalc2001-T
CASE ALERT
SupportCa/c2002
AUG 2 8 2002
BY
rp
COUN1
CLERK
DEPUTY
8/29/2002
6231
02 3 02768 6
Wa es and Salaries
Interest and Dividend Income
Business Income
S ousal Maintenance Received
Other Income
Total Gross Monthly Income
add lines 1a throu h 1e
Father
Mother
$4,502.00
$2,977.50
$4,502.00
$2,977.50
$602.79
$344.40
$243.71
$227.78
$167.00
$22.26
$60.15
$1,114.19
$553.90
$5,811.41
$1757.00
00018
8/29/2002
Father
6. Proportional Share of Income
Each arent's net income from line 3 divided b line 4
.7. Each Parent's Basic Child Support Obligation
(Multiply each number on line 6 by line 5)
(If line 4 is less than $600, enter each parent's support
obligation of $25 per child. Number of children: 3
Ski to line 15a and enter this amount.
231
Mother
.583
.417
$1024.33
$732.67
Part II: Health Care, Day Care, and Special Child Rearing Expenses (See Instructions, Page 7)
8. Health Care Ex enses
a. Children's Monthl Health Insurance
$358.00
b. Children's Uninsured Monthl Health Care
c. Total Monthly Health Care Expenses
$358.00
line 8a lus line Sb
d. Combined Monthly Health Care Expenses
add father's and mother's totals from line 8c
$358.00
e. Maximum Ordinary Monthly Health Care
multi I line 5 times .05
$87.85
f. Extraordinary Monthly Health Care Expenses
(line 8d minus line 8e., if "O" or negative, enter "O")
$270.15
a.
$355.00
b.
c.
d.
$355.00
$355.00
$625.15
$364.46
$260.69
$1388.79
$993.36
$355.00
$358.00
$355.00
Continue to Next Page
88019
B/29/2002
6231
.
.
--
00020
8/29/2002
Father's
Household
Mother's
Household
.
20. Child Support Paid For Other Children
Name/age:
Name/age:
6231
.
-
80021
8/29/2002
6231
Mother's Signature
Date
Father's Signature
City
Judge/Reviewing Officer
Date
City
Date
SupportCa/c 2002
00022
02-3-02766-6
17789932
LTR 10
12-30-02
SUPERIOR COURT
OF THE
. 'ATE OF WASHINGTON
FOR PIERCE COUNTY
(253) 798-3654
FAX (253) 798-7214
P. CRAIG BEETHAM
ATIORNEYAT LAW
WELLS FARGO PLAZA
1201 Pacific Ave Ste 1200
TACOMA, WA 98402-4395
Thank you.
S/29/2002
02-3-02768-6
17208377
DCSPP
6231
03e3s
08-29-02
1
FILED
IN COUNTYCLERK'S OFF CE
PIERCE COUNTY, WASHING ON
AM.
AUG 2 8 2002
.M.
SAN SOUCIE
L BOB
COUNTY CLERK
BY~
DE UTY
6
7
02 3 02768 6
9
In re the Marriage of:
NO.
DEBORAH J. DAHL
DECLARATION IN SUPPORT
OF PARENTING PLAN
(DCLR)
10
11
Petitioner,
and
12
JAMES R. DAHL
13
Respondent.
14
(COMPLETE A SEPARATE FORM FOR EACH CHILD IF NECESSARY)
15
This declaration is made by the mother.
16
1 .
17
The children have resided with the following persons during the past
twelve months:
18
Length of Time
Child Resided With
This Person
19
Name
20
Deborah Dahl
James Dahl
Birth+
Birth+
21
22
23
24
25
3/29/2802
2.
(a)
6231
80036
2
3
4
5
6
7
8
(b)
10
11
12
(c)
7 days on/7 days off from 7:30 a.m. - 2:00 p.m. My on-call is flexible
and I work it around the children's schedules.
13
14
3.
(a)
15
Father was available for the children in the evenings when I worked.
Even so, the eldest pretty much took care of the younger two with grooming,
homework and preparing meals during this time. Father will occassionally
17 take them out on the boat on hot days and let them play on the beach.
16
18
(b)
19
20
He
21
22
(c)
23
Same.
24
25
DEC. RE PROPOSED TEMP. PLAN
WPF DR 04.0120 (9/2001)
RCW 26.09.194(1)
Page 2 of 4
f'Orml +/l'/UI
l0.1
8/29/2002
(a)
4.
Until February 19, 2002, I was home during the day and most
evenings. I did work approximately two evenings a week which at that time
Father was home.
6231
0003?
4
5
6
7
8
(b)
Since February 19, 2002 through present, the youngest has been in
preschool at Multicare daycare center while I have been at work. The two
older children have been at home. My parents have been in town this summer
to watch the children when necessary. Once school commences in
September, friends and neighbors have been arranaged to watch the children.
5.
6.
OTHER:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Form1+Plu1
10. 7
..
B/29/2002
1
2
623_
I hereby declare under penalty of perjury and in accordance with the laws of the State of
Washington that the foregoing is true and correct.
DA TED this
?i} day of
!Iv~ ,
2002.
4
5
Debbie Dahl
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
- 1
DOCUMENTS
00038
8/29/2a02
02-3-02768-6
17208382
MTAF
6231
00039
08-29-02
Fl LE 0
IN COUNTY CLERK'S OFFICE
AM.
AUG 2 8
BY
zooz
P.M.
COUNTY CLERK
DEPUTY
6
7
02 3 02768 6
9
In re the Marriage of:
NO.
DEBORAH J. DAHL
10
11
Petitioner,
and
12
JAMES R. DAHL
13
Respondent.
14
I. MOTION
15
16
Based on the declaration below, the undersigned moves the court for a
temporary order which:
17
18
Approves the parenting plan which is proposed by the wife.
19
Restrains or enjoins both parties from transferring, removing,
encumbering, concealing or in any way disposing of any
property except in the usual course of business or for the
necessities of life and requiring each party to notify the other of
any extraordinary expenditures made after the order is issued.
20
21
22
23
24
25
FormsPlua
10. 7
0/29/2002
&231
00040
3
Divides responsibility for the debts of the parties.
4
To Husband:
5
1.
6
2.
3.
7
8
9
4.
5.
6.
7.
8.
Seafirst Visa
Seafirst Business Visa
Capital One Mastercard
Westop Credit Union Loan
Rainier Pacific Boat Loan
PLC Washington Mutual
PRA Columbia Bank
Mortgage/utilities/taxes on 25812 120th
Lane SW
10
To Wife:
11
1.
12
2.
3.
13
4.
5.
14
6.
7.
15
16
17
Authorizes the family home to be occupied by the wife.
18
Orders the use of property.
19
To Husband:
20
1.
21
2.
3.
22
4.
23
5.
24
25
MOT\DEC FOR TEMP ORDER
WPF DR 04.0100 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 2 of 5
8/29/Z002
6231
00041
To Wife:
1.
2.
3.
4.
5
6
10
11
Dated:
12
13
14
II. DECLARATION
18
19
20
21
22
23
24
Use of Property. Respondent and I own three homes, the main Fircrest
home, a Fircrest rental and a beach home. Since I am asking to be the
children's primary caretaker, I would request that I remain in the family home
and Respondent move to the beach home. The family home has the children's
bedrooms and is in their school district and around their friends. The
separation of their parents will be stressful enough but with school starting in
just a week, I respectfully request that the girls not be uprooted at this
vulnerable time in their lives. Respondent should be quite comfortable in the
beach home during the pendency of this matter and I would ask that he
vacate the family home as soon as possible, either before or at the time of this
hearing, to ease any tension that may occur. The rental home is currently
rented and the rent collected covers the mortgage and expenses for that
property.
History of Work Schedules and Involvement with Children. Respondent
and I have three daughters, ages 13, 10 and 5. Throughout our marriage, I
have always been the girls' primary caretaker. I worked on call for Multicare
until l took a permanent position at Group Health in February, 2002. When I
25
MOT\DEC FOR TEMP ORDER
WPF DR 04.0100 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 3 of 5
8/29~2002
3
4
5
6
7
6231
00042
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
8/29/2002
..
6231
00043
23
24
25
MOT\DEC FOR TEMP ORDER
WPF DR 04.0100 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 5 of 5
Interoffice n:
Client File: P:\SCPLUS\DAHL\dahl.SCP OB/2?/2002 03:07 p.m.
Form: P:\SCPLUS\DAHL\MOTIONTO.DOC 06/27/2002 03:07 p.m.
rorrn1 Pl.u~ 10. 7
8/29/20@2
6231
I hereby declare under penalty of perjury and in accordance with the laws of the State of
Washington that the foregoing is true and correct.
DATEDthis~ayof
~r
, 2002.
4
5
Debbie Dahl
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-I
DOCUMENTS
00044
9/1,&1'2082
6G83
FILED
A.M.
BY
5
NO. 02-3-02768-6
DEBORAH DAHL,
NOTICE OF APPEARANCE ON
BEHALF OF RESPONDENT
Petitioner,
10
P.M.
6
7
SEP 1 2 2002
v.
JAMES DAHL,
11
Respondent.
12
TO:
TO:
13
14
PLEASE TAKE NOTICE that the appearance of the respondent, JAMES
15
DAHL is entered in the above-entitled action through the undersigned attorneys.
16
You are hereby requested that all further pleadings or other process herein be
17
served upon said attorneys at the office address below stated.
18
DATED this
19
20
21
By:
23
Notice of Appearance - l
K rilich, La Pone,
West & Lockner, P.S.
524 Tacoma Avenue South
Tacoma, Washington 98402
(253) 383-4704
ORIGf N/\L
00174
9/27/2002
02-3-02768-6
17348897
ACSR
6998
~~zaz
09-27-02
2
IN
f;
IL
eD
COUNTY CLERK'S 0
FFCE
2 6 2002
PIERCE COUNT
i~s
SAN souc1l
A.M.
$t:p
I;
5
6
7
8
9
In re the Marriage of:
N0.02-3-02768-6
DEBORAH J. DAHL
Petitioner,
and
ACCEPTANCE OF SERVICE
(ACSR)
10
11
12
JAMES R. DAHL
13
14
15
Respondent.
,.
ACCEPTANCE OF SERVICE.
RICHARD LOCKNER, on behalf of Respondent, JAMES R. DAHL,
accepts service of:
16
17
18
19
20
2.
21
22
3.
OTHER:
23
24
Dated:
25
ACCEPTANCE OF SERVICE
WPF DR 01.0310 {9/2001)
RCW 26.09.030(1)
Page 1 of 2
Interoffice ff:
Client File: P:\SCPLUS\DAHL\dahl.SCP
Form: P:\SCPLUS\DAHL\ACCEPTAN.DOC
f'atms Plua
10. 7
09/10/2002
01:25 p.m.
09/10/2002
01:25 p.m.
10102
02-3-02768-6
17562957
COPC
11/12/200
11-07-02
FI LED
2
A.M.
NOV 0 7 2002
U
P.M.
GION
CLERK
oHUTY
5
6
7
8
In re the Marriage of:
9
NO. 02-3-02768-6
DEBORAH DAHL,
10
11
12
Petitioner,
vs.
PETITIONER'S CERTIFICATE OF
COMPLETION OF MANDA TORY
PARENTING SEMINAR
JAMES DAHL,
13
Res ondent.
14
15
16
17
18
19
20
21
22
23
24
25
26
008&2
18102
1~/12/2802
08863
--------m
'
'.or Health
Center
1/8/2083
18311
08123
1 8251604
01-08-03
FILED
IN OPEN COURT
DEBORAH J DAHL
Petitioner(s)
No. 02-3-02768-
~o
0RDER SETTI G
CASE SCHEDU E
JAN - 7 2003
vs.
Pierce C~tperk
~drv
Type of Case:
DIC
ay .....
Track Assignment:
Dissolution
Assigned Department: 10 - JudgeD. Gary Ste
Docket Code:
ORSCS
JAMES R DAHL
Respondent(s)
Confirmation of Service
04/28/03
Week Of 07/14/03
Obtain Settlement Cont Judge/Comm from Commissioners' Services& Contact Assigned Dept
Week Of 07/14/03
07128103
08/25/03
09/15/03
09/29/03
Discovery Cutoff
11/03/03
11/17/03
11/17/03
Week Of 12/01/03
Week Of 12/08/03
Trial
12/15/03 9:30
NOTICE TO PLAINTIFF/PETITIONER
If the case has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendant(s) with the summons and
complaint/petition: Provided that in those cases where service is by publication the plaintiff shall serve the Case Schedule
within five (5) court days of service of the defendant's first response/appearance. If the case has not been filed, but an
initial pleading is served, the Case Schedule shall be served within five (5) court days of filing. See PCLR 1.
NOTICE TO ALL PARTIES
Alt attorneys and parties shall make themselves familiar with the Pierce County Local Rules, particularly those relating to
case scheduling. Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions
appropriate to the violation. If a statement of arbitrability is filed, PCLR 1 does not apply while the case is in arbitration.
117/03
DATED:
II l 11! 111111111
02-3-02768-6
18541395
FNDCLR
03-04-03
2
3
4
5
6
7
8
9
NO. 02-3-02768-6
10
11
Petitioner,
And
JAMES R. DAHL
12
13
Res ondent.
Name: Deborah J. Dahl
14
15
16
FINANCIAL DECLARATION
[X]PETITIONER
[]RESPONDENT
(FNDCLR)
Declarant's
Declarant's
Declarant's
Declarant's
Estimate of
17
[X]
[ ]
$3,350.89
$3,695.00
$310.00
$4,005.00
$2,166.70
Unknown
18
2.1
Occupation:
19
2.2
20
2.3
21
22
b. If no:
Nurse
16
1.
23
2.
24
25
FINANCIAL DECLARATION (FNDCLR - Page 1 of 6)
WPF DR 01.0550 (912001) - RCW 26.18.220 (1)
PLLC
SupportCa/c/FD 2002
TACOMA, WA98402
3
4
5
6
If child support is at issue, complete the Washington State Child Support Worksheet(s}, skip
Paragraphs 3.1 and 3.2. If maintenance, fees, costs or debts are at issue and child support is NOT an
issue this entire section should be completed. (Estimate of other party's income information is
optional.}
3.1
7
8
9
10
11
a.
b.
c.
d.
e.
Imputed Income
Wages and Salaries
Interest and Dividend Income
Business Income
Spousal Maintenance From Other
Relationships
f.
g.
Other Income
Total Gross Monthly Income
(add lines 3.1a through 3.1e)
Actual Gross Income (Year-to-date)
12
13
14
15
h.
3.2
16
18
19
20
21
3.3
22
Respondent
$4,021.30
$2, 166.70
$4,021.30
$2,166.70
Petitioner
$362.78
$307.63
Respondent
$166.25
$165.75
$670.41
$332.00
$3,350.89
$1,834.70
17
Petitioner
Income Taxes
FICNSelf-employment Taxes
State Industrial Insurance Deductions
MANDATORY Union/Professional Dues
Pension Plan Payments
Spousal Maintenance Paid
Normal Business Expenses
Total Deductions from Gross Income
(add lines 3.2a through 3.2g}
23
24
25
FINANCIAL DECLARATION (FNDCLR - Page 2 of 6)
WPF DR 01.0550 (912001)- RCW 26.18.220 (1)
SupportCa/c/FD 2002
TACOl\tlA, WA98402
13647
3.4
3
4
5
6
7
8
9
MISCELLANEOUS INCOME.
a. Child support received from other relationships
Name:
Name:
b.
Other miscellaneous income (list source and amounts)
Income of current spouse
Name:
Name:
Income of children
Name:
Name:
Income from assistance programs
Name:
Name:
Non-recurring income
Name:
Name:
Other Income:
Petitioner
3/4/2003
00040
Respondent
10
11
12
c.
3.5
3.6
If the income of either party is disputed, state monthly income you believe is correct and
explain below:
16
4.1
4.2
17
4.3
18
4.4
Cash on hand
On deposit in banks
Stocks and bonds
Cash value of life insurance
Other liquid assets:
13
14
15
19
20
21
22
23
HOUSING.
Rent, 1st mortgage or contract payments
Installment payments for other mortgages or
encumbrances
Taxes & insurance (if not in monthly payment)
Total Housing
$980.00
$275.00
$1,255.00
24
25
FINANCIAL DECLARATION (FNDCLR - Page 3 of 6)
WPF DR 01.0550 (912001) - RCW 26.18.220 (1)
PLLC
1200 WELLS FARGO PLAZA
1201 PACIFIC AVENUE
SupportCalcJFO
2002
TACOMA, WA98402
5.2
2
3
4
UTILITIES.
Heat (gas & oil)
Electricity
Water, sewer, garbage
Telephone
Cable
Other: Cell
Total Utilities
$80.00
$80.00
$125.00
$60.00
$40.00
$385.00
5
6
5.3
7
8
9
5.4
10
11
12
5.5
13
14
15
16
5.6
17
18
19
20
21
22
5.7
$500.00
$50.00
$550.00
$400.00
$200.00
$205.00
$805.00
$85.00
$140.00
$225.00
$250.00
$250.00
$100.00
$50.00
$25.00
$50.00
$225.00
23
24
25
FINANCIAL DECLARATION (FNDCLR - Page 4 of 6)
WPF DR 01.0550 (912001)- RCW 26.18.220 (1)
PLLC
SupportCa/c/F D 2002
5.8
MISCELLANEOUS EXPENSES
Life insurance (if not deducted from income)
Other:
Other:
Total Miscellaneous Expenses
5.9
2
3
$3,695.00
7
8
9
10
11
12
13
14
5.11
OTHER DEBTS AND MONTHLY EXPENSES NOT INCLUDED IN PARAGRAPHS 5.1 - 5.8
Month of
Amount of
Creditor/Description of Debt
Balance
Last Payment
Monthly Payment
Healthcare Billing Services
Penneys
Visa Colleague Services
$4,600.00
Current
$135.00
Capitol One Mastercard
$1,400.00
Current
$26.00
SLM Financial
$2,800.00
Current
$40.00
$1,000.00
Chevron
Current
$109.00
15
16
17
18
19
20
21
22
23
24
25
FINANCIAL DECLARATION (FNDCLR - Page 5 of 6)
WPF DR 01.0550 (912001) - RCW 26.18.220 (1)
PLLC
SupportCalc/FO 2002
$310.00
$4,005.00
3
VI. ATTORNEY FEES
4
6.1
6.2
6.3
6.4
6.5
Other:
$2,070.00
$2,880.00
9
10
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
11
Signed at
on
[Place]
12
13
_
[Date]
Deborah J. Dahl
Deela rant/Petitioner
14
The following financial records are being provided to the other party and filed separately with the court:
15
Financial records pertaining to myself:
16
17
18
19
20
21
22
23
24
25
FINANCIAL DECLARATION (FNDCLR - Page 6 of 6)
WPF DR 01.0550 (912001)- RCW 26.18.220 (1)
PLLC
SupportCa/c/FD 2002
13647
3/4/2003
I hereby declare under penalty of perjury and in accordance with the laws of the State of
Washington that the foregoing is true and correct.
2
DA TED this
, 2003, at Tacoma,
Washington.
3
4
De~l)Mf
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
- 1
DOCUMENTS
80044
,
...
02-3-02768-6
18716993
TMO
04-04-03
IN couNrf
A.M.
b'tirPK'S OFFICE
APR .. '
P.M.
6
7
8
9
In re the Marriage of:
)
)
DEBORAH J. DAHL
10
11
Petitioner,
and
12
JAMES R. DAHL
13
14
Respondent.
)
)
)
)
)
NO. 02-3-02768-6
AGREED
TEMPORARY ORDER
(TMO)
~~~~~~~~~~~~~~~)
I. JUDGMENT/ORDER SUMMARIES
15
1. 1
16
Does not apply.
17
1 .2
18
Does not apply.
19
20
II. BASIS
21
A motion for a temporary order was presented to this court and the court
finds reasonable cause to issue the order.
22
23
24
25
TEMPORARY ORDER
WPF DR 04.0250 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 1 of 4
V f ,_ 0; ~ ! ,~~
!
Ill. ORDER
It is ORDEREDthat:
3.1
5
6
RESTRAINING ORDER.
Does not apply.
3.2
TEMPORARY RELIEF
Child support shall be paid in accordance with the order of child
support, signed by the court.
8
9
10
11
12
13
14
15
16
Responsibility for the debts of the parties is divided as follows:
17
To Husband:
18
19
20
21
22
1.
2.
3.
4.
5.
6.
7.
8.
Seafirst Visa
Seafirst Business Visa
Capital One Mastercard
Westop Credit Union Loan
Rainier Pacific Boat Loan
PLC Washington Mutual
PRA Columbia Bank
Mortgage/utilities/taxes on 25812 120th
Lane SW
23
To Wife:
24
25
1.
2.
TEMPORARY ORDER
WPF DR 04.0250 (9/2001)
RCW 26.09.060; .11 O; .120; .194
Page 2 of 4
3.
4.
5.
6.
7.
8.
9.
1
2
3
4
5
Rental mortgage on 228 Contra Costa to be paid
from proceeds from rents per status quo.
6
7
To Husband:
10
1.
2.
3.
4.
11
12
5.
t)
13
l,
14
~?-77C__$
$""-;-)" /;/~
77ftr /7l"E
15
j-u~1.-vG
16
17
~~GJ>
18
t?F
19
J1
20
/(-5
/7% ~770/
~4"'~
1'9-A/::::1Jvd,c7i?~~
=..2/J/eM;-
/f.L-LRC~-Zlhf./ ~
/-z:>
~?r<
21
~
22
23
24
25
TEMPORARY ORDER
WPF DR 04.0250 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 3 of 4
Forma+~/us
10.7
..
1
To Wife:
2
3
1.
2.
3.
4.
7
The issue of husband paying temporary attorney's fees, other
professional fees and costs to Eisenhower & Carlson, PLLC is
reserved.
8
9
OTHER:
10
Orders the rental property at 228 Contra Costa,
Fircrest, WA to remain status quo until further order
of the Court or upon mutual agreement of the parties
to refinanc~n order to eliminate community debt.
11
12
~~~C....7/>JV~/f'_..4z:A,~~
13
3.3
BOND OR SECURITY.
14
Does not apply.
IN
15
16 3.4
OTHER:
couNrib1rJ&s
A.M.
APR ., 3 2003
N
17
OFFI E
~~~Es~i~K,
ASHl~G
NTY JP ~
18
19
Dated:
20
LJ. '3 03
~-'-~~~~~~
~~-C)._
JUaQeJornmissioner
X. Mdafl7f:/v\.
~
21
Presented by:
22
23
24
25
TEMPORARY ORDER
WPF DR 04.0250 (9/2001)
RCW 26.09.060; .110; .120; .194
Eisenhower and Carlson, PLLC
Page 4 of 4
Interoffice#:
Client File: P:\SCPLUS\DAHL\DAHL.SCP
04/01/2003
10:59
Form: P:\SCPLUS\PAHL\TO.DOC
04/01/2003
10:59 a.m.
Forms+,lus
10. 7
a.m.
02-3-02768-6
18541397
csw
03-04-03
Father
Mother
$2,166.70
$4,021.30
$2,166.70
$4,021.30
$166.25
$165.75
$362.78
$307.63
..
.. ..
$332.00
$670.41
$1,834.70
$3,350.89
$5,185.59
...
..
1~.~t
.
:.:<:;ji:1
$1599.00
Father
Mother
.354
.646
$566.05
$1032.95
Part II: Health Care, Day Care, and Special Child Rearing Expenses (See Instructions, Page 7)
$94.00
b. Children's Uninsured Monthl Health Care
c. Total Monthly Health Care Expenses
line Ba lus line 8b
d. Combined Monthly Health Care Expenses
add father's and mother's totals from line 8c
e. Maximum Ordinary Monthly Health Care
multi I line 5 times .05
f. Extraordinary Monthly Health Care Expenses
(line 8d minus line Be., if "O" or negative, enter "O")
$94.00
$94.00
$79.95
$14.05
a.
$400.00
b.
c.
d.
$400.00
$400.00
$414.05
$146.57
--
$267.48
$1300.43
$494.00
Continue to Next Page
Transfer Payment
Mother
$712.62
$806.43
$712.62
$806.43
Father's
Household
Mother's
Household
Prooram
f. Other Income (describe)
Father's
Household
Mother's
Household
13647
3/4/2003
Mother's Signature
Father's Signature
Date
City
Judge/Reviewing
Officer
Date
City
Date
SupportCa/c 2002
~8049
WORKSHEET SYNOPSIS
1. Monthly Net Income
2. Proportional Share of Income
3. Basic Support:
Amanda
$611.00
Sarah
$494.00
Elizabeth $494.00
4.
TOTAL
FATHER
$1,834.70
.354
MOTHER
$3,350.89
.646
$566.05
$146.57
$1032.95
$267.48
$712.62
$1300.43
$1599.oo
7.
TOTAL OBLIGATION
$94.00
$400.00
11.
TOTAL CREDITS
$494.00
12.
$712.62
CASE ALERT
SupportCa/c 2002
COMBINED
$5, 185.59
.I"'"'.
<.)
:-"1i.r'
I'\ 1 . :
j ... : \;;
1 "~ . ~
$1599.00
$414.05
02-3-02760-6
18541399
csw
03-04-03
Mother
$2,166.70
$4,021.30
$2,166.70
$4,021.30
$166.25
$165.75
$362.78
$307.63
$332.00
$670.41
$1,834.70
$3,350.89
. ,,/1!
$5,185.59
.;
'''.;
-;:;,,.
''
$1599.00
'1~.'
.
I'~
<f
-'.:_;f~:
' ,.; t'i
[fi,:,: :.,~;
~-
,\
Father
Mother
.354
.646
$566.05
$1032.95
Part II: Health Care, Day Care, and Special Child Rearing Expenses (See Instructions, Page 7)
8. Health Care Ex enses
$94.00
b. Children's Uninsured Monthl Health Care
c. Total Monthly Health Care Expenses
$94.00
line Sa lus line Sb
d. Combined Monthly Health Care Expenses
add father's and mother's totals from line Sc
$94.00
e. Maximum Ordinary Monthly Health Care
multi I line 5 times .05
$79.95
f. Extraordinary Monthly Health Care Expenses
(line Sd minus line Be., if "O" or negative, enter "O")
$14.05
a.
$400.00
$205.00
b.
C.
d.
$605.00
$605.00
$619.05
$219.14
$399.91
$785.19
$1432.86
$699.00
Continue to Next Page
Mother
$785.19
$733.86
$785.19
$733.86
Father's
Household
Mother's
Household
.,
Father's
Household
Mother's
Household
Proarams
~
~
-.
Signatureand Dates
I declare, under penalty of perjury under the laws of the State of Washington, the information
contained in these Worksheets is complete, true, and correct.
Mother's Signature
Date
Father's Signature
City
Judge/Reviewing Officer
Date
City
Date
SupportCa/c2002
'..._ ~
13647 3/4/2003
~0856
WORKSHEET SYNOPSIS
1. Monthly Net Income
2. Proportional Share of Income
3. Basic Support:
Amanda
$611.00
$494.00
Sarah
$494.00
Elizabeth
4.
TOTAL
FATHER
$1,834.70
.354
MOTHER
$3,350.89
.646
COMBINED
$5, 185.59
$566.05
$219.14
$1032.95
$399.91
$1599.00
$619.05
$785.19
$1432.86
$1599.oo
7.
TOTAL OBLIGATION
$94.00
$605.00
11.
TOTAL CREDITS
$699.00
12.
$785.19
CASE ALERT
SupportCa/c 2002
~.n~!'lJ:\
.
~\11\- v~
.
',.,_
~.
. .~!...
.:!
'!.~
13647 3/4/2B03
02-3-02768-6
16541400
PPP
90057
03-04-03
2
3
4
FILED
IN COUNTY CLERK'S OFF! E
A.M.
PIERCE COUNTY
MAR 0 3 2003
STOCK,'
------
8~EVIN
8
9
In re the Marriage of:
NO. 02-3-02768-6
DEBORAH J. DAHL
PARENTING PLAN
PROPOSED (PPP)
10
11
Petitioner,
and
12
JAMES R. DAHL
13
Respondent.
14
This parenting plan is proposed by Mother.
15
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
16
I. GENERAL INFORMATION
17
This parenting plan applies to the following children:
18
Name
Age
19
AMANDA
SARAH
ELIZABETH
20
DAHL
DAHL
DAHL
13
10
6
21
II. BASIS FOR RESTRICTIONS
22
23
Under certain circumstances, as outlined below, the court may limit or prohibit
a parent's contact with the children and the right to make decisions for the
children.
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 1 of 12
Forms+Pl1.1s
10. 7
2.1
2
3
2.2
4
Does not apply.
5
6
The residential schedule must set forth where the children shall reside each
day of the year, including provisions for holidays, birthdays of family
8 members, vacations, and other special occasions, and what contact the
children shall have with each parent. Parents are encouraged to create a
9 residential schedule that meets the developmental needs of the children and
individual needs of their family. Paragraphs 3.1 through 3.9 are one way to
10 write your residential schedule. If you do not use these paragraphs, write in
your own schedule in Paragraph 3.13.
11
3.1
SCHEDULE FOR CHILDREN UNDER SCHOOL AGE.
12
There are no children under school age.
13
3.2
SCHOOL SCHEDULE.
14
Upon enrollment in school, the children shall reside with the mother,
15
except for the following days and times when the children will reside
with or be with the other parent:
16
Friday at 6:00 p.m. to Sunday 6:00 p.m. every other
17
weekend.
18
3.3
19
The children shall reside with the mother during winter vacation,
except for the following days and times when the children will reside
with or be with the other parent:
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 2 of 12
Farrns.P/u~ 10.7
1
2
3.4
5
6
7
3.5
SUMMER SCHEDULE.
8
Upon completion of the school year, the children shall reside with the
mother, except for the following days and times when the children will
reside with or be with the other parent:
9
10
11
12
13
14
3.6
15
Does not apply.
16
3.7
17
The residential schedule for the children for the holidays listed below
is as follows:
18
19
With Mother
(Specify
Year
Odd/Even/Every)
20
With Father
(Specify
Year
Odd/Even/Every)
21
New Year's Day
Martin Luther King Day
Presidents Day
23 Memorial Day
July 4th
24 Labor Day
Veterans Day
25 Thanksgiving Day
22
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 3 of 12
f'orms+P/us 10. 7
*
**
**
**
Odd
**
**
Even
*
**
**
**
Even
**
**
Odd
Christmas Eve
Christmas Day
Odd
Even
Even
Odd
2
For purposes of this parenting plan, a holiday shall begin and end as
follows (set forth times):
4
5
6
7
July 4th shall be 9:00 a.m. on July 4th until 11 :00 a.m.
the next morning.
8
The times for Christmas Eve and Christmas Day are
identified in section 3.3.
9
10
11
12
Other:
13
14
15
3.8
16
The residential schedule for the children for the following special
occasions (for example, birthdays) is as follows:
17
18
With Mother
(Specify
Year
Odd/Even/Every)
19
With Father
(Specify
Year
Odd/Even/Every)
20
21
22
Mother's Day
Father's Day
Mother's Birthday
Father's Birthday
Children's Birthdays
Every
Every
Every
Share
Every
Share
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 4 of 12
f.ormt Plu:J
10.?
~364?
3.9
3/4?2003
900~1
3
4
5
6
7
8
3.10
RESTRICTIONS.
9
Does not apply
10
11
3.11
TRANSPORTATION ARRANGEMENTS.
Transportation costs are included in the Child Support Worksheets
and/or the Order of Child Support and should not be included here.
12
13
14
15
16
3.12
DESIGNATION OF CUSTODIAN.
17
The children named in this parenting plan are scheduled to reside the
majority of the time with the mother. This parent is designated the
custodian of the children solely for purposes of all other state and
federal statutes which require a designation or determination of
custody. This designation shall not affect either parent's rights and
responsibilities under this parenting plan.
18
19
20
21
3.13
OTHER.
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 5 of 12
13647
3.14
3/4/2003
00062
2
3
4
5
6
7
8
9
This is a summary only. For the full text, please see RCW 26.09.430
through 26.09.480.
If the person with whom the child resides a majority of the time plans
to move, that person shall give notice to every person entitled to court
ordered time with the child.
If the move is outside the child's school district, the relocating person
must give notice by personal service or by mail requiring a return
receipt. This notice must be at least 60 days before the intended
move. If the relocating person could not have known about the move
in time to give 60 days' notice, that person must give notice within 5
days after learning of the move. The notice must contain the
information required in RCW 26.09.440. See also form DRPSCU
07 .0500, (Notice of Intended Relocation of A Child.)
10
11
12
13
14
15
If the move is within the same school district, the relocating person
must provide actual notice by any reasonable means. A person
entitled to time with the child may not object to the move but may ask
for modification under RCW 26.09.260.
Notice may be delayed for 21 days if the relocating person is entering
a domestic violence shelter or is moving to avoid a clear, immediate
and unreasonable risk to health and safety.
If information ls protected under a court order or the address
confidentiality program, it may be withheld from the notice.
16
17
18
19
20
21
22
23
24
25
1
2
The relocating person shall not move the child during the time for
objection unless: (a) the delayed notice provisions apply; or (b) a court
order allows the move.
3
4
5
6
7
8
DAY-TO-DAY DECISIONS.
4.1
9
Each parent shall make decisions regarding the day-to-day care and
control of each child while the children are residing with that parent.
Regardless of the allocation of decision making in this parenting plan,
either parent may make emergency decisions affecting the health or
safety of the children.
10
11
12
MAJOR DECISIONS.
4.2
13
joint
16
Non-emergency health
care:
joint
17
Religious upbringing:
joint
18
15
19
20
21
22
4.3
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 7 of 12
Form:s+Plua
10. 7
2
3
4
5
V. DISPUTE RESOLUTION
The purpose of this dispute resolution process is to resolve disagreements
about carrying out this parenting plan. This dispute resolution process may,
and under some local court rules or the provisions of this plan must, be used
before filing a petition to modify the plan or a motion for contempt for failing
to follow the plan.
Disputes between the parties, other than child support disputes, shall
be submitted to (list person or agency):
6
mediation by Pierce County Dispute Resolution
Center, or a mediator mutually agreeable to both
parties.
7
8
10
11
12
13
14
(a)
15
(b)
(c)
(d)
(e)
The parties have the right of review from the dispute resolution
process to the superior court.
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 8 of 12
13647
3/4/2803
008.S
1
VI.
OTHER PROVISIONS
2
There are the following other provisions:
3
4
A. The child shall have reasonable telephone privileges with the parent
with whom the child is not then residing, without interference from the
residential parent.
5
B. Each parent agrees to exert every reasonable effort to maintain free
access and unhampered contact and communication between the child and
the other parent, and to promote the emotions of affection, love and respect
7 between the child and the other parent. Each parent agrees to refrain from
words or conduct, and to discourage other persons from uttering words or
8 engaging in conduct which would have a tendency to estrange the child from
the other parent, to damage the opinion of the child as to the other parent, or
9 which would impair the natural development of the child's love and respect
for the other parent. Each parent agrees and understands that words or
10 conduct which have a tendency to estrange or diminish the opinion of the
child from the other parent, also tends to diminish the child's self-esteem and
11 self-worth.
6
12
16
D. Each parent shall have equal authority to confer with school,
17 daycare, health and other program personnel regarding the child's progress,
and each parent shall have full and equal access to the education and
18 healthcare records of the child.
19
E. Each parent shall inform the other when that parent plans to be
away from his or her residence with the child for more than two consecutive
20 nights. The information to be provided shall include duration of the period,
the destination(s) and destination telephone number(s). This provision is
21 included solely for purposes of knowing the parent's and child's location in
the event of an emergency and is not meant to be intrusive.
22
F. Neither parent shall advise the child of the status of child support
23 payments or other legal matters regarding the parental relationship and
obligation.
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 9 of 12
13&47
1
2
3
4
3.141"2883 088G6
5
6
7
I. Each parent shall provide the other parent with the address and
telephone number of their residence and update such information promptly
whenever it is anticipated to change or changes. "Reasonableness" is defined
at least 30 days in advance of a scheduled move, or within 72 hours of an
unscheduled move.
8
9
10
K. Neither parent shall encourage the child to change his or her
11 primary residence or encourage the child to believe that it is his or her choice
to do so. It is a choice which will be made by the parents or, it they cannot
12 agree, the courts.
15
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 10 of 12
~3647
3/4/2003
B80~7
1
VII. DECLARATION FOR PROPOSED PARENTING PLAN
2
(Only sign if this is a proposed parenting plan.) I declare under
penalty of perjury under the laws of the State of Washington
that this plan has been proposed in good faith and that the
statements in Part II of this Plan are true and correct.
3
4
5
6
R~&
DEBORAHl}AHL
Mother
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 11 of 12
It is ordered, adjudged and decreed that the parenting plan set forth above is
adopted and approved as an order of this court.
3
4
5
6
7
8
Judge/Commissioner
Approved for entry:
W.S.B.A. #
Attorney for Respondent
D2-3-n?68-6
18541403
DCSPP
03-04-03
2
3
FILED
IN COUNTY CLERK'S OFFIC
MAR 0 3 2003
A.M.
PIERCE COUNTY,
lNGTO
KEVIN STOCK, County Clerk
BY
DEPUT
8
9
In re the Marriage of:
N0.02-3-02768-6
DEBORAH J. DAHL
DECLARATION IN SUPPORT
OF PARENTING PLAN
(DCLR)
10
Petitioner,
11
and
12
JAMES R. DAHL
Respondent.
13
14
1.
The children have resided with the following persons during the past
twelve months:
17
18
19
Name
20
Deborah Dahl
James Dahl
Length of Time
Child Resided With
This Person
Birth+
Birth+
21
22
23
24
25
DEC. RE PROPOSED TEMP. PLAN
WPF DR 04.0120 (9/2001)
RCW 26.09.194(1)
Page 1 of 4
forms+P/us
10. 7
"
1
2.
(a)
2
3
4
5
7
8
9
(b)
In February, 2002, Mother worked 21 hours per week and also picked
up on-call shifts on a weekly basis. Her schedule was usually one week
on/one week off and flexible. In December, 2002, Mother was hired at
University of Washington as a research nurse working 32 hours per week.
10
11
(c)
12
32 hours a week with a very flexible schedule that she works around
13 the children's schedules.
14
3.
(a)
15
16
Father was available for the children in the evenings when Mother
worked. Even so, the eldest pretty much took care of the younger two with
17 grooming, homework and preparing meals during this time. Father will
occasionally take them out on the boat on hot days and let them play on the
18 beach. Since separation and most recently since he has been unemployed he
has become a more active participant in the children's lives. He has exercised
19 visitation on alternate weekends with occasional overnights during those
visits.
20
21
(b)
22
Monday - Friday flexible hours but consistently 10-12 hour shifts.
23 stated that he was "on-call" twenty-four hours a day.
He
24
25
DEC. RE PROPOSED TEMP. PLAN
WPF DR 04.0120 (9/2001)
RCW 26.09.194(1)
Page 2 of 4
farms+Pfus 10, 7
1
(c)
2
Unemployed.
3
The child-care schedule for the past twelve months:
4.
6
7
(a)
(b)
With friends and neighbors before/after school or with the eldest child.
10
5.
6.
OTHER:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
13647
....
3/4/2083
I hereby declare under penalty of perjury and in accordance with the laws of the State of
Washington that the foregoing is true and correct.
2
DA TED this
3
4
5
Deborahf.Dahl
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
- 1
DOCUMENTS
~0072
13647
02-3-02768-6
18541405
3/4/2003
Q-007'3
03-04-03
MTAF
2
3
4
FILED
IN COUNTY CLERK'S OFFI
5
6
7
BY
DEPU
8
9
In re the Marriage of:
N0.02-3-02768-6
DEBORAH J. DAHL
10
11
Petitioner,
and
12
JAMES R. DAHL
13
Respondent.
14
I. MOTION
15
Based on the declaration below, the undersigned moves the court for a
16 temporary order which:
17
18
Approves the parenting plan which is proposed by the wife.
19
20
21
22
23
24
25
MOT\DEC FOR TEMP ORDER
WPF DR 04.0100 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 1 of 6
r\)1n!~i~
'"''"n:
.:
l.:l64? 3/4/2803
80074
1
2
3
Divides responsibility for the debts of the parties.
4
To Husband:
5
1 .
2.
4.
3.
5.
8
9
6.
7.
8.
Seafirst Visa
Seafirst Business Visa
Capital One Mastercard
Westop Credit Union Loan
Rainier Pacific Boat Loan
PLC Washington Mutual
PRA Columbia Bank
Mortgage/utilities/taxes on 2581 2 1 20th
Lane SW
10
To Wife:
11
12
13
1.
2.
3.
4.
5.
14
6.
7.
15
8.
9.
16
17
18
Authorizes the family home to be occupied by the wife.
19
Orders the use of property.
20
To Husband:
21
1 .
22
23
2.
3.
4.
24
5.
25
MOT\DEC FOR TEMP ORDER
WPF DR 04.0100 (9/2001)
RCW 26.09.060; .11 O; .120; .194
Page 2 of 6
To Wife:
1.
2.
3.
4.
7
8
9
10 Dated:
11
12
11.
13
Temporary relief is required because:
14
Use of Property. Respondent and I own three homes, the main Fircrest
15 home, a Fircrest rental and a beach home. Since I am asking to be the
children's primary caretaker, I would request that I remain in the family home
16 and Respondent take residence in the beach home. In fact, the Respondent
has already moved out to the beach home and this arrangement seems to be
17 working. The family home has the children's bedrooms and is in their school
district and around their friends. The rental home is currently rented and the
18 rent collected covers the mortgage and expenses for that property.
19
Forms+r/u.,
10. 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
7:30 a.m. - 2:00 p.m. This allowed me to be home with the children when
they needed me before and after school. I also picked up on-call shifts with
Multicare which allowed me to keep a steady stream of needed income.
These on-call shifts were flexible which I worked around the children's
schedules. Just recently, I became employed with the University of
Washington as a research nurse. I work 32 hours per week and my hours are
flexible in order to still work around the children's schedules.
Respondent worked 10-12 hour shifts Monday through Friday. He
always advised me, however, that he was on call twenty four hours a day.
Respondent lost his job and is currently unemployed. I do not know his
schedule with regard to job searches or interviews that the State requires in
order to receive unemployment.
I feel that I have a great relationship with all of my children. I make
sure that I am with them in all of their activities. I have coached softball,
basketball and t-ball. We play together, eat together, learn together and talk
together. The girls confide in me and I feel that we have an extremely strong
bond which can only help once they start entering their teenage years.
Respondent was always distant with the girls. He yelled at them quite often
which they had confided in me that it makes them uncomfortable. When we
were together, he would get angry with them and myself on almost a daily
basis. Husband rarely attended school functions or sporting events. He never
helped them with homework or special school projects. The only activity that
Respondent would do with the girls is take them out on the boat and while
they play on shore he will anchor out in the water and sit on the boat listening
to music. He seemed to choose not to have any interaction with them where
on the other hand they are my entire livelihood and focus. Since separation
and especially since he stopped working, Husband has become more involved
in the girls' lives. He now takes them every other weekend to his separate
residence and spends time with them after school since he is home. He has
done a complete 180 degree turn with respect to his parenting. This can only
be in the best interests of the girls to finally have an active Father but I am
saddened that it took the demise of our marriage for this to occur.
18
Parenting Plan Restrictions. I have asked that there be restrictions in
19 the Parenting Plan with regard to Respondent's visitation with the children.
Respondent has a history of alcohol abuse with a DWI in December, 2001 and
20 continued rehabilitation/counseling. I am not sure that he is "cured" of his
disease. There were times when Respondent would leave for the evening or
21 just didn't come home from work without letting me know where he was. In
the past, he has come home between 2:00 and 3:00 a.m. and slept out in his
22 truck or he doesn't come home at all until the following day. Respondent
never showed genuine interest in the girls day-to-day activities or events.
23 When he was with them, he allowed them to do whatever they want while he
slept or worked on his computer. l have called the girls from work and the
24 oldest two will tell me that they had to cook dinner themselves and put the
youngest to bed. He does not take them to the park or play soccer/basketball
25 with them which is what they enjoy. I need to know that they
MOT\DEC FOR TEMP ORDER
WPF DR 04.0100 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 4 of 6
Forms+P/"" 10. 7
13.47
1
2
"3/4/2003
08077
are safe and being taken care of while with Respondent and because of these
patterns topped off with his alcohol abuse, I am not sure that this would
happen. I have asked that Respondent refrain from drinking alcohol while in
the girls' presence and before his visitation.
3
4
5
6
Child Support. Respondent is currently unemployed. I believe he
makes $500.00 per week on unemployment. I calculated his monthly income
at this figure and taxes of Single, 2 exemptions. I calculated my income using
8 my hourly of $29.00 for a 32 hour work week and taxes of Head of
Household, three exemptions. There is the cost of before/after school care
9 for our two youngest children which I pay monthly to neighbors or our eldest
child. I have averaged the cost to be $400.00 per month which averages the
10 summer months when the children are not in school. There is also a cost
through June, 2003 for our youngest child to be in all day kindergarten which
11 is an additional cost of $205.00 per month. I have provided two separate
worksheets with the kindergarten cost through June, 2003, and then
12 removed this cost as of July, 2003.
7
13
16
Medical Insurance. When Husband lost his job, the family lost our
I don't believe he picked us up on COBRA as this option
was too expensive. I have inquired at my employment as to coverage on
18 myself and the three children. I have been told that this coverage is $94.00
per month but I am in the process of receiving the verification. I would
19 respectfully request that I receive this monthly premium as a credit on the
child support worksheets.
17 medical coverage.
20
2002 Tax Return. I would hope that Husband and I could work
21 together on the filing of our tax return to see what best benefits the
community. I am in contact with my accountant and she is running a few
22 different scenarios, however, this is difficult without Husband's 2002 W2 or
other financial information.
23
Attorney's Fees. I would ask that the issue of Husband paying a
25
MOT\DEC FOR TEMP ORDER
WPF DR 04.0100 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 5 of 6
forms+P/u:s
10.7
13647
3/4/2003
0e07a
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MOT\DEC FOR TEMP ORDER
WPF DR 04.0100 (9/2001)
RCW 26.09.060; .110; .120; .194
Page 6 of 6
Interoffice#:
Client File: P:\SCPLUS\DAHL\dahl.SCP
02/28/2003 03,32 p.m.
Form: P:\SCPLUS\DAHL\MOTIONTO.DOC
02/28/2003 03:32 p.m.
13647
.
3/4/2003
I hereby declare under penalty of perjury and in accordance with the laws of the State of
Washington that the foregoing is true and correct.
2
DATED this
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
- 1
DOCUMENTS
08\l?~
3/5/2083
02-3-02768-6
1 6541787
NTC
12402
03-04-03
DAHL, DEBORAH J
Plaintiff(s)/Petitioner(s),
)
)
vs.
)
)
)
DAHL, JAMES R
Defendant( s)/Respondent( s).
ADDRESS
WSB# 19664
ATTORNEY FOR Respondent
TACOMA WA 98402-5416
PHONE (253) 383-4704
-------:-::(P,.,...le-ase_note_a_dd_iti_ona_l_attome--ys-on_a_n-atta-ched
page)
Please take notice that an issue of law In this case will be heard on the date below and the clerk is
directed to note this issue on the appropriate calendar:
11
CALENDAR
DATE,_M_a_r_c_h _19_;,_2_0_0_3
_
11
Dated: 2/28/2003
NAME
ADDRESS
FORMS\COMNOTE3-2001.DOC
00118
02-3-02768-6
18613865
03-17-03
NTC
IN couNrf
bt~&s
OFF {
P.M.
PIERCECOUNT
ASHINGTON
KEVIN STOCK, County Clerk
BY
DEPUTY
DAHL, DEBORAH J
Pia lntiff( s)/Petitioner( s ),
vs.
DAHL, JAMES R
Defendant( s)/Respondent( s).
-=5__;_2_4 _T.:_:_ac"-'o_m_:_a.:..c.A__;_v-=.e-=S:..__
ADDRESS
WSB# 19664
~
TACOMA WA 98402-5416
PHONE
~--------------~
(Please note additional attorneys on an attached page)
(253) 383-4704
Please take notice that an issue of law in this case will be heard on the date below and the clerk is
directed to note this Issue on the appropriate calendar:
Ii
CALENDAR
DATE._A__,p_ri_.,.1&~-2_00_3
]
]
]
]
]
]
Dated: 3/13/2003
Signed:.__
NAME
P. CRAIG BEETHAM
ADDRESS
---+=-.L__jf--~'----------
TACOMA WA 98402-4395
THE ABOVE INFORMATION MUST BE COMPLETED AND SIGNED
FORMS\COMNOTE32001.DOC
OR!GINAL
4/4-"'2003
14724
0014.a
F~LED
d~ OPEN COURT
18716945
CME
APR 0 3 2003
Pl~:c~~
04-04-03
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s ),
DEPUTY
VS.
[){Show
JAMES R DAHL
Cause
(ADM02)
Respondent(s)
For Petitioner
For Respondent
Show Cause
PT COM. REBECCA KAYE REEDER
Clerk:Ad
Courtroom number: 264
Calendar:C3-SHOW CAUSE/FAMILY LAW
Clerk
~ l 111111111111 ll
02-3-02760-6
19159060
NTAB
06-20-03
IN
Fl LED
PIERCE couar
KEVIN STOC
SY __
~~-1---~
6
7
8
In re the Marriage of:
NO. 02-3-02768-6
DEBORAH DAHL,
10
Petitioner,
OF
vs.
11
12
NOTICE OF UNAVAILABILITY
COUNSEL
JAMES DAHL,
13
Res ondent.
14
TO:
15
ANDTO:
RICHARD W. LOCKNER, Krilich, La Porte, West & Lockner, PS, attorney for
Respondent
16
YOU AND EACH OF YOU please take notice that attorney P. Craig Beetham will be
17
unavailable from July 1, 2003 through July 10, 2003 and will be returning to the office on July
18
11,2003.
19
PLEASE REFRAIN from filing or attempting to serve, any motions or other forms of
20
expedited pleading practice that would conflict with the undersigned's unavailability for the
21
period specified.
22
23
24
25
26
NOTICE OF UNAVAILABILITY
00253922.DOC
OF COUNSEL - l
OR\G\NAL
02-3-02766-6
10716946
Fl LED
04-04-03
ORSW
A.M.
APR ~ 3 2003
P.M.
6
7
8
9
In re the Marriage of:
NO. 02-3-02768-6
DEBORAH J. DAHL
ORDER OF CHILD
SUPPORT
(ORS)
10
11
Petitioner,
and
12
JAMES R. DAHL
13
Respondent.
Clerk's Action Required
14
I. JUDGMENT SUMMARY
15
Does not apply because no attorney's fees or back support has been ordered.
16
II. BASIS
17
2.1
TYPE OF PROCEEDING.
18
19
20 2.2
21
22
The child support worksheet which has been approved by the court is
attached to this order and is incorporated by reference or has been
initialed and filed separately and is incorporated by reference.
23 2.3
OTHER:
24
25
ORDER OF CHILD SUPPORT
WPF DR 01.0500 (9/2001)
RCW 26.09.175; 26.26.132(5)
Page 1 of 7
Forms+Pf"' 10. 7
1
2
IT IS ORDERED that:
3.1
Name {first/last)
AMANDA
SARAH
ELIZABETH
Age
DAHL
DAHL
DAHL
13
10
7
3.2
8
Name (first/last):
JAMES DAHL
Birth date:
01 /08/54
Service Address: [You may list an address that is not your residential
address where you agree to accept legal documents.]
9
10
11
12
13
14
15
16
17
THE OBLIGOR PARENT MUST IMMEDIATELY FILE WITH THE COURT AND
THE WASHINGTON STATE CHILD SUPPORT REGISTRY, AND UPDATE AS
NECESSARY, THE CONFIDENTIAL INFORMATION FORM REQUIRED BY RCW
26.23.050.
THE OBLIGOR PARENT SHALL UPDATE THE INFORMATION REQUIRED BY
PARAGRAPH 3.2 PROMPTLY AFTER ANY CHANGE IN THE INFORMATION.
THE DUTY TO UPDATE THE INFORMATION CONTINUES AS LONG AS ANY
MONTHLY SUPPORT REMAINS DUE OR ANY UNPAID SUPPORT DEBT
REMAINS DUE UNDER THIS ORDER.
18
19
20
3.3
21
Name {first/last)
DEBORAH DAHL
Birth date:
07/29/57
Service Address: [You may list an address that is not your residential
address where you agree to accept legal documents.]
91 6 MANOR DRIVE
FIRCREST, WA 98466
22
23
24
25
f"orms+Plu~ 10. 7
14724
4/4/2883
~8143
THE OBLIGEE PARENT MUST IMMEDIATELY FILE WITH THE COURT AND
THE WASHINGTON STATE CHILD SUPPORT REGISTRY, AND UPDATE AS
NECESSARY, THE CONFIDENTIAL INFORMATION FORM REQUIRED BY RCW
26.23.050.
3
4
6
Monthly Net Income: $3350.89
7
The obliger may be able to seek reimbursement for day care or special
child rearing expenses not actually incurred. RCW 26.19.080.
8
9
3.4
10
SERVICE OF PROCESS.
SERVICE OF PROCESS ON THE OBLIGOR AT THE ADDRESS
REQUIRED BY PARAGRAPH 3.2 OR ANY UPDATED ADDRESS, OR ON
THE OBLIGEE AT THE ADDRESS REQUIRED BY IN PARAGRAPH 3.3
OR ANY UPDATED ADDRESS, MAY BE ALLOWED OR ACCEPTED AS
ADEQUATE IN ANY PROCEEDING TO ESTABLISH, ENFORCE OR
MODIFY A CHILD SUPPORT ORDER BETWEEN THE PARTIES BY
DELIVERY OF WRITTEN NOTICE TO THE OBLIGOR OR OBLIGEE AT
THE LAST ADDRESS PROVIDED.
11
12
13
14
3.5
TRANSFER PAYMENT.
15
The obliger parent shall pay $785.19 per month from
March 1, 2003 - June 1, 2003. Commencing with the
July 1, 2003 payment, the obliger parent shall pay
$712.62 per month.
16
17
18
19
20
21
22
23
24
25
1
STANDARD CALCULATION.
3.6
2
3
4
3.7
6
7
3.8
8
9
10
Starting Date:
11
03/01/03
. .........-:::: ~
~t~
12
3.10
r9
C--.11
INCREMENTAL PAYMENTS.
13
Does not apply.
14
3. 11
15
Selec either Enforcement and Collection or Payment
16
Payment rocessing only: The Division of Chil
upport does not
provide su port enforcement services fort case. Support
~}
payments s all be made to:
~
17
18
Washington St
Support Registry
45A
P.l~,'.y,~~a~
~8504
;/v./.Clf'?~'ILt..
one -800-922-4306 /'?"J-K.. ~/'l
&r:r ~"'1
f:'t11
or
00-442-5437
7lJ /,,;v'/~
"'{ ~~
19
20
21
paym
:r--2..~ .
22
ments to the Washington State Support
Registry ill not receive ere for a payment made to any other party
or en . The obligor parent s all keep the registry informed whether
he
she has access to health i urance coverage at reasonable cost
ct, if so, to provide the health i surance policy information.
23
24
25
forms+Plu
10. 7
Fonm+PIU$ 10. 7
.1
3.18
2
4
(a) Coverage that can be extended to cover the children is or becomes
available to each parent through employment or is union-related; and
5
6
(b) The cost of such coverage for the mother does not exceed
$258.24 (25 percent of mother's basic child support obligation on
Worksheet Line 7), and the cost of such coverage for the father does
not exceed $141 .51 (25 percent of father's basic child support
obligation on Worksheet Line 7).
8
9
10
11
12
13
14
15
16
17
18
19
20
3.19
21
The OBLIGOR shall pay 35% of extraordinary health care expenses
(the obliger's proportional share of income from the Child Support
Schedule Worksheet, line 6), if monthly medical expenses exceed
$79.95 (5% of the basic support obligation from Worksheet line 5).
22
23
24
3.20
25
fo1msPlus 10. 7
1
3.21
BACK INTEREST.
2
No back interest is owed at this time.
3
s
:
3. 22
OTHER:
~2J"l-'I j .S-.#1-c-c...
~_l'/Y-';P?""
/h
'1-K~ ~
lf'(i<!.-,6"'/fl""-V~,-v,6
~,r""/.c/n..,..r~r;?Lg:
Dated:
Cf.3-03
~
n-f
~-1"1'-7__.....,..
?IV(~,
~u.~1.J--lar
k'fk~
f1?.trJ71-
Judge/Court Commissioner
8
Presented by:
t:fv\,
9
10
11
~ckner
12
13
14
15
p~ 6//~
/le~
16
~j>~-
.:::Z-1/?'~~4/b: ~
~11)cz,A/G>
17
~_/P'f7'7-J
18
::I> /Vd/~191
19
c:eru~~/7~ 7 ~ K?z-t:5C-/
143"95
;r~
;, ~.C-~y~r
7_f...ASf/"t/'lj~
7f"0
C/t09L--
vc:::J> ;:xF"'
,/17"6::...&" %l.--l.-
20
~
21
22
23
24
25
ORDER OF CHILD SUPPORT
WPF DR 01.0500 (9/2001)
RCW 26.09.175; 26.26.132(5)
Page 7 of 7
Interoffice ij:
Client File: P:\SCPLUS\DAHL\DAHL.SCP
04/01/2003 1127
Form: P:\SCPLUS\DAHL\OCS.DOC
04/01/2003 11:27 a.m..
a.m.
ForrnaPlua 10. 7
'
'-~ . -
W_O_R_K_S_H_E_ET S._Y_N_O_P_S_l_S __
-..
~ ~~ \.
or
L:, ~ \ ~\ ~ \{
! . I . - - . -.. , : T
~ '. .. ;
':, .
.
1
.
--
'.~CE\\/
~. -~
.. , '\
\1.il.R \...1 L
C f')
\.-.t--
2,0\\~
MOTHER
COMBINED
$1,834.70
.354
$3,350.89
.646
$5,185.59
KRJUCH LaPORTE?..
-..;t;ST
& LOCKN\?.f\,
FILED
.
IN COUNTY CLERK'S OFF1CE
PIER(.t; (.'0,! 1~!TV.lfl_l,l\~l-llNGTON
A.M.
TOTAL
t.AAR
0 3 2003
11
P.M.
,..,;:viN STOCK
COUtHY CLERK
$1599.oo
BY ~--c=--..-=-..-.;=--
OEPUTY
$566.05
$219.14
$1032.95
$399.91
$785.19
$1432.86
TOTAL OBLIGATION
$94.00
$605.00
TOTAL CREDITS
12.
$699.00
$785.19
CASE ALERT
INCOMEEXCEEDS $5000
PRESUMPTIVEAMOUNT: $1550.00
ADVISORY AMOUNT: $1599.00
'
SupportCa/c 2002
'{Jg:JAB
FATHER
Elizabeth
4.
/--~yi~i~'~
ceOJ,~~1/2303
$1599.00
$619.05
;-
. .. --~------------------
-------
Mother
$4,021.30
$2,166.70
$2,166.70
$4,021.30
$166.25
$165.75
$362.78
$307.63
$332.00
$670.41
$1,834.70.
$3,350.89
.i..:.J:-i<
~il~i
Ii
c.-':.t
:.~~- --
i"y,;(-ii.
.-~'.v:~ !_.~
J-
$5,185.59
$1599.00
~~j~~:')~;:j
11~
~(R~f[tj
Mother
Father
6. Proportional Share of Income
(Each parent's net income from line 3 divided bv line 4)
.354
.646
$566.05
$1032.95
Part II: Health Care, Day Care, and Special Child Rearing Expenses (See Instructions, Page 7)
8. Health Care Exoenses
a. Children's Monthlv Health Insurance
b. Children's Uninsured Monthly Health Care
c. Total Monthly Health Care Expenses
(line Ba olus line Sb)
d. Combined Monthly Health Care Expenses
(add father's and mother's totals from line Sc)
e. Maximum Ordinary Monthly Health Care
(multiolv line 5 times .05)
f. Extraordinary Monthly Health Care Expenses
(line Bd minus line Be., if "O" or negative, enter "O")
9. Dav Care and Soecial Child Rearinc Expenses
a. Dav Care Exoenses
b. Education Expenses
c. Lone Distance Transportation Expenses
d. Other Soecial Expenses (describe)
$94.00
$94.00
$79.95~.
$14.os
[[~l~~&I
$400.00
$205.00
$605.00
$605_00
.:,;r~{~~~1f~~11
-.~~~~~~l:~~~~\~'-="IHI
~~~1
.
f:[,:<~f~r:;;J
$619 . 05 ~~~j~~;-?_J.,:
;~ >.;i~;~,151
$219.14
$399.91
$785.19
$1432.86
$94.00
$605.00
$699.00
Continue to Next Page
_ _,,,
--....----
~ ----~---- --
---------
PartV: Standard.Calculation/Presumptive
TransferP_ayment(See Instructions, Page 8)
Mother
Father
15_ Standard Calculation
a_ Amount from line 7 if line 4 is below
$600. Skip to Part VI.
$733.86
b_ Line 13 minus line 14d, if line 4 is over
$785.19
$600 (see below if apol.)
Limitation standards adjustments
c. Amount on line 1 Sb adjusted to meet 45%
net income limitation
d. Amount on line 15b adjusted to meet
need standard limitation
$733.86
e. Enter the lowest amount of lines 15b, 15c or 15d:
$785.19
Father's
Household
Mother's
Household
'
--
-------------
-----
Proa ram
f. Other Income (describe)
--
-------
------------
---------
Mother's
Household
Father's
Household
.-
WSCSS-Worksheets
--------------~---------
Mother's Signature
Date
Father's Signature
City
Judge/Reviewing Officer
City
Date
Date
SupportCa/c 2002
;--,_.__=r":
WORKSHEET SYNOPSIS
1. Monthly N.it'
Hr
2. Proportional~~~.r.e.ct tncome-
;::
c E IV r,.: I
FATHER
$1,834.70
o
3. Basic support: ;"i.tt[\ V 1.1
. ~n;i~n~CI. ;j $1 ~ :QO. -- ---, !\RILICH LaPORTE
: 'Sarah' - $494.00
JEST & LOCKNER. P.: ..
Elizabeth $494.00
4.
TOTAL
i ,
~,
-,
.35 t-----=~~...:..:6:..:4=6---.
2nn3
FILED
IN COUNTY CL:RK'S OFFICE
PIERC:r- rri1 '~.TV \~1r.,c:4!MGTON
A.M.
MAR 0 3 2003
I BY -=--~-=,=DEPUTY
s1599_00
TOTAL OBLIGATION
$566.05
$146.57
$1032.95
$267.48
$712.62
$1300.43
$94.00
$400.00
11.
TOTAL CREDITS
12.
$494.00
$712.62
CASE ALERT
SupportCa/c 2002
P.M.
:\c::vii~ STOCK
COUNTY CLER!<
t '"'
COMBINED
$5,185.59
MOTHER
$3,350.89
$1599.00
$414.05
---:---------------~--
Mother
$2,166.70
$4,021.30
Income
Received
Income
1e)
$2,166.70
$4,021.30
$166.25
$165.75
$362.78
$307.63
$332.00
$1;834.70
,''.'.:,e',_'.,\~1I'.' . .i
1 ~'.~ .~
i1f,,
$670.41
$3,350.89
$5,185.59
::: ::.v:i
V1
.,. ~1 :~~
. ~'. .
i)Ji~
$1599.00
~t~
~\&:t,=~\
.-
----.---------------
Father
6. Proportional Share of Income
Each arent's net income from line 3 divided b line 4
7. Each Parent's Basic Child Support Obligation
(Multiply each number on line 6 by line 5)
(If line 4 is less than $600, enter each parent's support
obligation of $25 per child. Number of children: 3
(Ski to line 15a and enter this amount.
Part II: Health Care, Day Care, and Special Child Rearing Expenses
Mother
.354
.646
$566.05
$1032.95
(See Instructions,
Page 7)
$94.00
$94.00
$94.00
$79.95
$14.05
c.
d.
$400.00
$400.00
$414.05
$146.57
$267.48
$712.62
$1300.43
$94.00
$400.00
d. Total Su
$494.00
Continue to Next Page
......_~-----~.
--------------------
14?24
4/4/2603
,.
- --
$712.62
$806.43
$712.62
$806.43
Mother's
Household
a.
b.
c.d.
e.
f.
18. Other Household Income
.a. Income Of Current Spouse
(if not the other parent of this action)
Name
Name
b. Income of Other Adults in Household
Name
Name
c. Income of Children (if considered extraordinary)
Name
Name
d. Income from Child Suooort
Name
Name
debt.)
88157
-
--
--------'"---
---
Father's
Household
Mother's
Household
~- -..-,-
FILED
IN COUNTY CLERK'S OFFICE
A.M.
P.M.
Father's Signature
Mother's Signature
City
Date
Judge/Reviewing Officer
Pf!-0 T ~
Date
City
Date
SupportCa/c 2002
. '
02-3-02768-6
18716994
P PT
04-04-03
8
9
)
)
)
Petitioner,
and
JAMES R. DAHL
14
PARENTING PLAN
TEMPORARY (PPT)
)
)
)
12
13
NO. 02-3-02768-6.
Respondent.
~~~~~~~~~~~~~~~)
This parenting plan is a temporary parenting plan entered by the Court upon
17
I. GENERAL INFORMATION
Name
20
AMANDA
SARAH
ELIZABETH
21
Age
DAHL
DAHL
DAHL
13
10
6
22
23
Under certain circumstances, as outlined below, the court may limit or prohibit
a parent's contact with the children and the right to make decisions for the
children.
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 1 of 11
Form1+P/us 10.7
(2531 272-5732
2.1
2
3
2.2
4
Does not apply.
5
6
The residential schedule must set forth where the children shall reside each
day of the year, including provisions for holidays, birthdays of family
8 members, vacations, and other special occasions, and what contact the
children shall have with each parent. Parents are encouraged to create a
9 residential schedule that meets the developmental needs of the children and
individual needs of their family. Paragraphs 3.1 through 3.9 are one way to
10 write your residential schedule. If you do not use these paragraphs, write in
your own schedule in Paragraph 3.13.
11
3.1
SCHEDULE FOR CHILDREN UNDER SCHOOL AGE.
12
There are no children under school age.
13
3.2
SCHOOL SCHEDULE.
14
Upon enrollment in school, the children shall reside with the mother,
15
except for the following days and times when the children will reside
with or be with the other parent:
16
Friday at 6:00 p.m. to Sunday 6:00 p.m. every other
17
weekend.
18
3.3
19
20
The children shall reside with the mother during winter vacation,
except for the following days and times when the children will reside
with or be with the other parent:
21
22
23
24
25
1
2
3.4
3
4
5
6
7
9
3.5
SUMMER SCHEDULE.
Upon completion of the school year, the children shall reside with the
mother, except for the following days and times when the children will
reside with or be with the other parent:
9
10
11
12
13
14
3.6
15
Does not apply.
16
3.7
17
The residential schedule for the children for the holidays listed below
is as follows:
18
19
With Mother
(Specify
Year
Odd/Even/Every)
20
With Father
(Specify
Year
Odd/Even/Every)
21
New Year's Day
Martin Luther King Day
Presidents Day
23 Memorial Day
July 4th
24 Labor Day
Veterans Day
25 Thanksgiving Day
22
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 3 of 11
formsf'lu1
10. 7
*
**
**
**
**
**
**
Odd
**
Even
**
**
Odd
Even
**
14724 4/4/2803
Christmas Eve
Christmas Day
Odd
Even
88167
Even
Odd
2
For purposes of this parenting plan, a holiday shall begin and end as
follows (set forth times):
3
4
5
Thanksgiving shall be from the time school lets out on
Wednesday until 6:00 p.m. Sunday evening.
July 4th shall be 9:00 a.m. on July 4th until 11 :00 a.m.
the next morning.
8
The times for Christmas Eve and Christmas Day are
identified in section 3.3.
9
10
11
12
Other:
13
14
15
3.8
16
The residential schedule for the children for the following special
occasions (for example, birthdays) is as follows:
17
18
With Mother
(Specify
Year
Odd/Even/Every)
19
20
21
22
Mother's Day
Father's Day
Mother's Birthday
Father's Birthday
Children's Birthdays
23
With Father
(Specify
Year
Odd/Even/Every)
Every
Every
Every
Share
Every
Share
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 4 of 11
~ornu+Plus IO. 7
3.9
3
4
5
6
7
8
3.10
RESTRICTIONS.
9
Does not apply
10
11
3.11
12
TRANSPORTATION ARRANGEMENTS.
Transportation costs are included in the Child Support Worksheets
and/or the Order of Child Support and should not be included he
13
14
15
16
3.12
DESIGNATION OF CUSTODIA
t/Jt-J~eJ~-
/j~5~J:.r '
~~~,ll/t{-"
~'~~7i'
17
~
P-' ,,,
. . /(4U
~/t~.t)(S"l.tp
The children named in this parenting plan are scheduled to reside the
majority of the time with the mother. This parent is designated the
custodian of the children solely for purposes of all other state and
federal statutes which require a designation or determination of
custody. This designation shall not affect either parent's rights and
responsibilities under this parenting plan.
18
19
20
21
;i:A~
s - all b
?
tSJ
3.13
OTHER.
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 5 of 11
F'orms+PJu:11 10.7
14724 4/4/2083
08~69
3.14
2
This is a summary only. For the full text, please see RCW 26.09.430
through 26.09.480.
If the person with whom the child resides a majority of the time plans
to move, that person shall give notice to every person entitled to court
ordered time with the child.
If the move is outside the child's school district, the relocating person
must give notice by personal service or by mail requiring a return
receipt. This notice must be at least 60 days before the intended
move. If the relocating person could not have known about the move
in time to give 60 days' notice, that person must give notice within 5
days after learning of the move. The notice must contain the
information required in RCW 26.09.440. See also form DRPSCU
07.0500, (Notice of Intended Relocation of A Child.)
7
8
9
10
If the move is within the same school district, the relocating person
must provide actual notice by any reasonable means. A person
entitled to time with the child may not object to the move but may ask
for modification under RCW 26.09.260.
11
12
13
14
15
16
A relocating person may ask the court to waive any notice
requirements that may put the health and safety of a person or a child
at risk.
17
18
19
20
21
22
A person entitled to time with a child under a court order can file an
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 6 of 11
forms+f'lus
10. 7
The relocating person shall not move the child during the time for
objection unless: {a) the delayed notice provisions apply; or {b) a court
order allows the move.
4
5
6
7
8
4.1
DAY-TO-DAY DECISIONS.
9
Each parent shall make decisions regarding the day-to-day care and
control of each child while the children are residing with that parent.
Regardless of the allocation of decision making in this parenting plan,
either parent may make emergency decisions affecting the health or
safety of the children.
10
11
12
4.2
MAJOR DECISIONS.
13
Major decisions regarding each child shall be made as follows:
14
Education decisions:
joint
16
Non-emergency health
care:
joint
17
Religious upbringing:
joint
18
15
19
20
21
22 4.3
23
24
25
PARENTING PLAN
2
3
V. DISPUTE RESOLUTION
The purpose of this dispute resolution process is to resolve disagreements
about carrying out this parenting plan. This dispute resolution process may,
and under some local court rules or the provisions of this plan must, be used
before filing a petition to modify the plan or a motion for contempt for failing
to follow the plan.
Disputes between the parties, other than child support disputes, shall
be submitted to (list person or agency):
6
mediation by Pierce County Dispute Resolution
Center, or a mediator mutually agreeable to both
parties.
7
8
9
10
11
12
13
14
(a)
15
(b)
(c)
(d)
(e)
The parties have the right of review from the dispute resolution
process to the superior court.
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 8 of 11
forrrrs+-PJu~ 10. 7
14724 4/4/2803
00172
1
VI. OTHER PROVISIONS
2
There are the following other provisions:
3
4
A. The child shall have reasonable telephone privileges with the parent
with whom the child is not then residing, without interference from the
residential parent.
5
B. Each parent agrees to exert every reasonable effort to maintain free
access and unhampered contact and communication between the child and
the other parent, and to promote the emotions of affection, love and respect
7 between the child and the other parent. Each parent agrees to refrain from
words or conduct, and to discourage other persons from uttering words or
8 engaging in conduct which would have a tendency to estrange the child from
the other parent, to damage the opinion of the child as to the other parent, or
9 which would impair the natural development of the child's love and respect
for the other parent. Each parent agrees and understands that words or
10 conduct which have a tendency to estrange or diminish the opinion of the
child from the other parent, also tends to diminish the child's self-esteem and
11 self-worth.
6
12
13
14
15
16
D. Each parent shall have equal authority to confer with school,
daycare, health and other program personnel regarding the child's progress,
and each parent shall have full and equal access to the education and
18 healthcare records of the child.
17
19
E. Each parent shall inform the other when that parent plans to be
away from his or her residence with the child for more than two consecutive
20 nights. The information to be provided shall include duration of the period,
the destination(s) and destination telephone number(s). This provision is
21 included solely for purposes of knowing the parent's and child's location in
the event of an emergency and is not meant to be intrusive.
22
F. Neither parent shall advise the child of the status of child support
23 payments or other legal matters regarding the parental relationship and
obligation.
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 9 of 11
2
3
4
5
6
I. Each parent shall provide the other parent with the address and
telephone number of their residence and update such information promptly
whenever it is anticipated to change or changes. "Reasonableness" is defined
at least 30 days in advance of a scheduled move, or within 72 hours of an
unscheduled move.
8
9
10
K. Neither parent shall encourage the child to change his or her
11 primary residence or encourage the child to believe that it is his or her choice
to do so. It is a choice which will be made by the parents or, if they cannot
12 agree, the courts.
L.
13
16
VII. DECLARATION FOR PROPOSEDPARENTING PLAN
17
Does not apply.
18
VIII. ORDER BY THE COURT
19
20
21
22
It is ordered, adjudged and decreed that the parenting plan set forth above is
adopted and approved as an order of this court.
WARNING: Violation of residential provisions of this order with actual
knowledge of its terms ls punishable by contempt of court and may be a
criminal offense under RCW 9A.040.060(2l or 9A.40.070(2). Violation of
this order may subject a violator to arrest.
23
24
25
PARENTING PLAN
WPF DR 01.0400 {9/2001)
RCW 26.09.181; .187; .194
Page 10 of 11
formhP/us
10, 7
. .
1
If a parent fails to comply with a provision of this plan, the other parent's
obligations under the plan are not affected.
.J<. ~de,p.__
~l;::gg,iw_
JYee/Commission~D
4
Presented by:
1EfV\
5
6
7
8
9
10
FILED
IN COUNTY CLERK'S OFFICE
11
A.M.
APR. ~ 3 2003
P.M.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 11 of 11
Interoffice#:
Client File:
P:\SCPLUS\DAHL\DAHL.SCP
04/01/2003
11:01
Form: P:\SCPLUS\DAHL\PP.DOC
04/01/2003
11:01
a.rn.
forrT'4+F'/ua rn.7
19 4/30/2003
02-3-02768-6
18841876
cs
04-29-03
FILED
A.M.
APR 2 9 2003
P.M.
DEPUTY
8
In re the Marriage of:
9
NO. 02-3-02768-6
DEBORAH DAHL,
10
Petitioner,
11
12
vs.
JAMES DAHL,
13
14
Res ondent.
cs
(X)
15
16
CSSRV ()
17
18
CONFIRMATION OF SERVICE
All the named defendants have been served, have joined or have accepted service
in writing. (Check if appropriate; otherwise, check the box below).
One or more named defendants have not yet been served. (If this box is checked,
an additional confirmation of service must be filed pursuant to subsection (b)
when service is obtained and the following information provided.
19
20
21
22
23
24
25
26
CONFIRMATION OF SERVICE - l
0025 0321. DOC
00011
2
A status conference is requested regarding:
3
4
5
6
7
, WSBA#20139
P titioner
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
CONFIRMATION OF SERVICE-2
0025032 I.DOC
\\\\\\\\\\\1\)\\\1\lt
02-3-02768-6
19100653
IN
FILED
A.M.
JUN 1 0 2003
Plaintiff( s),
Case No. 02-3-02768-6
vs.
NOTE FOR MOTION DOCKET
DAHL, JAMES R
Defendant( s ).
TO THE CLERK OF THE SUPERIOR COURT:
NAME
ADDRESS
WSB# 19664
_T_A_C_O_M_A_W_A_9_84_0_2_5_4_16
Please take notice that the undersigned will bring on for hearing a motion for:
Motion to Compel
The hearing Is requested to be held during the regular motion calendar on:
DATE REQUESTED FOR HEARING/MOTION
June 27, 2003
at9:00 am
P. CRAIG BEETHAM
ADDRESS
TACOMA WA 98402-4395
--------------~
------
FORMS\MOTIONNOTEJ-2001.DAC
P.M.
I'l 11111111111111
02-3-02768-6
19104344
MTCM
06-11-03
Fl Leo
IN COUNTY ClERK'S OFFICE
1
2
JUN 1 0 2003
A.M.
P.~
PIERCE COUNTY, ~N
KEVIN STOCK, County Clerk
BY
D~ITTY
5
6
7
8
In re the Marriage of:
9
NO. 02-3-02768-6
DEBORAH DAHL,
IO
11
12
Petitioner,
vs.
JAMES DAHL,
13
14
15
Res ondent.
COMES NOW the Petitioner, Deborah Dahl, by and through her attorneys, Eisenhower &
Carlson, PLLC, and P. Craig Beetharn, and moves the Court for an order compelling the
16
Respondent, James Dahl, to answer requests for production and for terms.
17
18
19
20
This motion is based on the affidavit of P. Craig Beetham appended hereto and the records
and files herein.
21
22
23
24
25
26
MOTION TO COMPEL - I
00253307.DOC
2H95
/11/20ti3 00139
County of Pierce
)
)ss.
)
P. Craig Beetharn, being first duly sworn, on oath, deposes and says:
That he is one of the attorneys for the Petitioner in the above-entitled action, and is
On February 27, 2003, requests for production were mailed to Respondent by and
7
8
9
10
through his counsel of record, Richard Lockner, allowing thirty (30) days for answers. Pursuant
to CR 5(b )(2)(A), service was effective on the third day after mailing, making the answers due
on April 2, 2003.
11
12
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On May 9, 2003, our office received Respondent's answers to the requests for
production which enclosed documents that only partially responded to Request for Production
No. 2, partially responded to Request for Production No. 3, and did not answer Request for
14
15
16
17
adequate preparation for the trial of this matter. The answers to the requests for production will
18
be approximately eighty-five days overdue at the time of hearing on this motion. Petitioner
19
qualifies for relief under CR 37(a) of the Civil Rules for Superior Courts for the State of
20
Washington, including an order compelling answers to the requests for production and awarding
21
Petitioner sanctions in the form of her reasonable attorney's fees incurred in connection with
22
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MOTION TO COMPEL - 2
00253307.DOC
.~..
2
3
___.c_\;.u-""='""'G=---' 2003, by P.
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My Appointment Expires
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IO
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MOTION TO COMPEL - 3
00253307.DOC
j'.
\,
II
02-3-02768-6
19104346
C RTC
06-11-03
IN COUNTY
2
AJ~. j
UN 1 0 2003
P.M.
WASHINGiON
B'f-
5
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
6
7
DEBORAH DAHL,
NO. 02-3-02768-6
Petitioner,
9
vs.
IO
JAMES DAHL,
II
Res ondent.
12
Pursuant to Civil Rule 26(i), I, P. Craig Beetham, as the attorney for Petitioner, Deborah
13
Dahl, do hereby certify as follows:
14
On May 14, 2003, I sent a letter to Respondent's counsel, Richard Lockner, confirming
15
the scheduled CR 26(i) teleconference for May 19, 2003 to discuss the failure to produce
16
answers to Petitioners' First Set of Requests for Production which were due on April 2, 2003. A
17
copy of this letter is attached as Exhibit A. The teleconference was conducted on May 19, 2003
18
and a subsequent teleconference concerning discovery responses was conducted on June 3, 2003.
19
The conference requirements of Civil Rule 26(i) have been met.
20
DA TED this 101h day of June, 2003.
21
EISENHOWER & CARLSON, PLLC
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CERTIFICATE OF COMPLIANCE-(~)R!Glf\.~}\t. ,
00253312.DOC
2095 6/11/2803
LAW OFFICES OF
S, ALAN WEAVER
RICHARD D. TURNER
ROBERT BARONSKY
DONALD L. ANDERSON
JAMES M. HUSHAGEN
ROBERT G. CASEY
MARK J. ROSENBLUM
TERIU!NCE J. DONAHUE
GUY J. STE:RNAL
JOHN R. RUH!.
CARL.R. PETERSON
P. CRAIG BEETHAM
ANGELIA D. WESCH
DA Vil) B. PETRJCH
RONALD J. TROMPETER
AMYC.LEWIS
JASON M. WHAIBN
MICHAEL S. DELEO
EISENHOWER& CARLSON,PLLC
1200 Wells Fargo Plaza
1201 Pacific Avenue
Tacoma, WA 98402
(253) 572-4500
fl0142
CLEMENCIA CASTRO-WOOL.ER Y
STIJART C. MORGAN
JENNIFERA. WING
!.ANCEP. BLAJR
Gl.EN E. TEMPI.ETON
CS!l.LA MUHL
ll!OMA.S P. ROWLAND
DANIE!. W. CROWE
CARMEN R. ROWE
OF COUNSEL
JAMES F. HENRIOT
H. EUGENE QUINN
RONALD A. ROBERTS
Dahl Dissolution
I am in receipt of your letter dated May 9, 2003, enclosing certain discovery responses.
We had sent you formal discovery on February 27, 2003 and your letter fails to answer the
formal discovery or provide a majority of the requested documentation. My office has scheduled
a CR 26(i) discovery teleconference for Monday, May 19, 2003, at 10:30 a.m. I will initiate the
call and we can discuss the remainder of Mr .. Dahl's responses. Please contact me if you have
any questions or concerns.
PCB/jmw
cc:
Debbie Dahl
00250173.DOC
SEATTLE OFFICE: 2830 Two Union Square, 601 Union Street, Seattle, WA 98101, (206) 382-1830, FAX (206) 382-1920
02-3-02766-6
19197088
MTSTK
06-27-03
2
3
4
5
6
7
8
In re the Marriage of:
9
NO. 02-3-02768-6
DEBORAH DAHL,
10
11
12
Petitioner,
vs.
JAMES DAHL,
13
Res ondent.
14
15
16
I. RELIEF REQUESTED
Petitioner, Deborah Dahl, moves the court pursuant to PCLR 7(a)(5) for an order striking the
following pleadings filed by Petitioner:
1.
17
18
19
20
21
22
Petitioner's pleading referenced above was received at Petitioner's counsel's office vra
23
facsimile on June 26, 2003, at 11 :35 a.m. for a hearing on June 27, 2003. A copy of the date stamped
24
first page is attached hereto. The issue before the Court is under such circumstances, and PCLR
25
7(a)(5), is such pleading timely so as to be considered by the Court? Petitioner respectfully submits
26
that the answer is "NO" and the pleading should be stricken from consideration and the record.
00254583.DOC
OR!GINAL
V. LEGAL AUTHORITY
3
4
(5) .... Any party opposing a motion shall file and serve responsive papers
in opposition to a motion no later than noon, two court days before the
date the motion is noted for hearing.
10
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14
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20
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00254583.DOC
I
2
3
4
declaration upon my own personal knowledge and belief of the matters herein.
2. A hearing has been scheduled for June 27, 2003 with the proper six day notice The
Motion was filed on June 10, 2003 and Respondent's counsel received the documents the same
day. I wrote Respondent's counsel on June 10th and indicated that I set the matter seventeen (17)
days out rather than the typical motion notice of six (6) to provide ample time to comply with the
requests.
10
11
I received
12
4. The papers are untimely under PCLR 7(a)(5), attached hereto as Exhibit A.
13
Responsive documents must be submitted two days in advance of the hearing to avoid this very
14
kind of pleading "ambush"; Petitioner does not have the opportunity to respond by strict reply in
15
a timely fashion. Further, Respondent has had since June 10, 2003, to draft his response to
16
Petitioner's motion. Further, Respondent has been stalling for MONTHS. The discovery was
17
18
5. For the reasons stated above, the document filed by Respondent in response to
19
Petitioner's Motion should be stricken. However, my client would like to file a strict reply
20
declaration, albeit untimely itself under the circumstances, to address the scathing untruths told
21
22
6. Additional attorney's fees and costs in the sum of $500 should be awarded
23
Respondent on responding to the late pleadings. This is ridiculous to be requesting four (4) more
24
months for discovery when Respondent is over three (3) months late in responding to very
25
26
00254583.DOC
7. By way of response to Mr. Lockner's affidavit, not his clients, Ms. Dahl has a number
2
of responses. Most of the "history" of the marriage and proceedings provided by Mr. Lochner is
irrelevant to Ms. Dahl's legitimate right to discovery, discovery pending since February 2003.
The only reason formal discovery was initiated is because Mr. Dahl would not respond properly
to our informal requests, requests made to keep costs down. I wrote in December of 2002
requesting document.
January 3, 2003 that he would provide such information. Letter is attached as Exhibit C. A
10
receiving approximately $2,000 per month in unemployment at that time, had not been providing
1I
any child support as promised at one time. He paid $450 for the three (3) over a course of six (6)
12
months, this primarily at time when he was working at a high paying job. Letter is attached as
13
Exhibit D. Two CR 26(i) telephonic conferences were scheduled (the first one the attorneys
14
missed each other in calls). Still there was limited response. The CR 26i letters are attached as
15
Exhibits E and F respectively. Finally, on June 10th a motion to compel was filed. Still, I set
16
the matter out far enough, 17 days, to provide ample time to respond. Attached as Exhibit G is
17
my letter of June 10, 2003. Still no discovery was forthcoming until Respondent's
18
Response.
19
untimely
8. No formal response signed and dated by the Respondent has ever been provided, just
Counsel and I have had telephonic
20
2I
conversations such discovery was not sufficient. There is no response to Request for Production
22
No. I (paystubs) for his previous job, unemployment or his current job. Only the 2002 tax return
23
has been provided, not 2001. We have asked for two years of statements from all retirement
24
accounts, 401(k), etc., and only received a one year. We requested two years of bank statements,
25
and he has provided one - March of 2003. He never responded to RP's 6, 7, 8, and 9.
26
00254583.DOC
Ms. Dahl's discovery requests are probably the most modest set I ever sent out. To be
Requesting the Court's help on discovery for such limited requests six (6) months after first
requesting such information is ridiculous. Ms. Dahl wants to move forward with a proposal and
settlement, but cannot because Mr. Dahl will not provide discovery.
9. It is certainly news to Ms. Dahl that Mr. Dahl now has a job. He is still not paying
child support. She has had to go it alone financially with three children. She has had to take on
10. I am not sure what relevance counsel's plea for pity on Mr. Dahl's financial situation
has for a motion to compel. But it is not true. He does not pay child support. He never advised he
10
has a new job. He did not agree to impute income when he had no job; his unemployment
11
income from the State was approximately the same as imputing under the support tables. As he
12
had not provided Unemployment pay information we used the imputed figure. He had income. I
13
might add, in what seems to be a typical ploy, the temporary orders were forced by Ms. Dahl
14
having to bring a motion to the court. Only outside the courthouse door on the morning on the
15
hearing, coupled with Respondent not having filed any responsive papers for the hearing, was an
16
agreement reached on Temporary Orders. Mr. Dahl did not of this voluntarily and it took an
17
18
11. Mr. Dahl's Response is untimely and should be stricken and terms awarded to Ms.
19
Dahl. Mr. Dahl's responsive is grossly misleading to the court, is dilatory in its requests, and he
20
should be sanctioned.
21
Dated this
22
23
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25
26
MOTION TO STRIKE UINTIMELY DOCUMENTS - 5
00254583.00C
EXHIBIT A
-"-
11-1
FS .$ ,.;,
__;_
f:7
.'.
proper prosecution. The Court may also, in its discretion, impose terms upon the offending party. No
motion will be heard unless there is on file proof of
service of sufficient notice of the hearing upon the
opposing party or there is an admission of such service by the opposingparty.
(4) Filing Motions. The moving party shall serve
and file all motion papers no later than six court days
11
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EXHIBITB
LAW OFFICES OF
TERR.ENCE I. DONAHUE
GREGORY J. MURPHY
GUY I. STERNAL
IOHNR.RUHL
CARL R. PETERSON
BRADLEY D. FRESIA
P. CRAIG BEETHAM
ANGaJA D HARLOW
DA VlD B. PETRJCH
RONALD J. TROMPETER
AMYC.LEWTS
JASON M. WHALEN
MJCHAEL S. DEIEO
CLEMENCIA CASTRO-WOOi.ER Y
STUART C. MORGAN
JENNIFER A WING
TRAcEY A. THOMPSON
LANCEP.BLA!R
GLEN E. 'JEMPLETON
CSIIJ.A MUHL
THOMAS P. ROWLAND
DANIEL W. CROWE
CARMEN R. ROWE
OF COUNSEL
JAMES F. HENR!OT
H. EUGENE Ql/lNN
RONALD A. ROBERTS
Via Facsimile
Mr. Richard W. Lockner
Krilich, La Porte, West & Lockner, P.S.
524 Tacoma A venue South
Tacoma, WA 98402
Re:
Dahl Dissolution
Dear Richard:
We are preparing to offer a settlement proposal to your client in the near future.
However, in reviewing
file, I have found that we do not have updated financial information
for your client. I would propose that we exchange any needed information informally rather than
sending out discovery requests. Please advise if you are in agreement and if so, forward the
following: (I) Husband's paystubs from the date of filing to present; (2) Southern Counties Oil
Company 40l(K) pension statements from the date of filing to present; (3) TOC Woodworkers
Contribution Plan from date of filing to present; (4) any bank accounts held in his name.
our
Please advise if there is any information you would like from my client to help us bring
this matter to an amicable resolution. I look forward to receiving the documentation requested.
Very truly yours,
Dictated but not Read
To Ex.pedite Delivery
P. Craig Beetham
PCB:jmw
cc:
Debbie Dahl
00241422.DOC
SEATILE OFFICE: 2830 Two Union Square, 601 Union Street, Seattle, WA 98101, (206) 382-1830, FAX (206) 382~1920
(
j
Transaction
Name
:
Fax Number:
Date&Time :
Last
Report
------------------------------------------------------------------------------------------------Last Fax
Date
Time
Type
Duration
Pages Result
------------------------------------------------------------------------------------------------Ok
2533837244
00:01:17 1212
Dec 27 2002 02:21:~4pm Sent
-------------------------------------------------------------------------------------------------
EXHIBIT C
'\
.-
LAW OFFICES OF
SERVICE
CORPORATION
PHIL BRENNAN
THOMAS G. KRILICH
DENNIS J LA PORTE
RICHARD W, LOCKNER
PAULA TUCKFIELD OLSON
THOMAS J. WEST
January 3, 2003
P. Craig Beetham
EISENHOWER & CARLSON, PLLC
1200 Wells Fargo Plaza
1201 Pacific A venue, Suite 1200
Tacoma, WA 98402
RE:
Dahl v. Dahl
Our File No.: 4808-16947
It is my understanding my client has vacated the family premises and is currently residing on
Vashon Island. I have reinforced with my client, as I hope you have with yours, to avoid placing the
children in a position adverse to their relationship with their parents. I do appreciate your professional
courtesies in helping to resolve this unfortunate matter on an amicable basis. If you have any additional
questions or comments in the interim, kindly contact me personally at my office.
~?
__
Richard W. Lockner
RWL:s
cc:
James Dahl
---..,
EXHIBITD
,/
LAW OFFICES OF
S. ALAN WEAVER
RICHARD D. TURNER
ROBERT BAllONSKY
DONALD L. ANDERSON
JAMES M. HUSHAGEN
ROBERT G. CASEY
MARK J, ROSENBLUM
, TERRENCE l. DONAHUE
GUY J. STERNAL
JOHNR.RUHL
CARL R. PETERSON
BRADLEY D FRESIA
P. CRAIG BEETHAM
ANGELIA 0. HARLOW
DA V!D B. PETRICH
RONALD 1. TROMPETER
AMYC. LEWIS
JASON M .' WHALEN
MICHAEL S. DELEO
Cl..EMENCIA CASTRO-WOOLERY
STUARTC. MORGAN
JENNIFERA. WING
TRACEY A. THOMPSON
LANCE P. BLAIR
GLEN E. TEMPLETON
CSU.LA MUHL
THOMAS P. ROWLAND
DANIEL W, CROWE
CARMEN R. ROWE
OF COUNSEL
JAMES F. HENRIOT
H. EUGENE QUINN
RONAID A. ROBERTS
February 3, 2003
Via Facsimile
Mr. Richard W. Lockner
Krilich, La Porte, West & Lockner, P.S.
524 Tacoma Avenue South
Tacoma, WA 98402
Dear Mr. Lockner:
It has come to my client's attention that Jim Dahl.has been laid off from his employment
as of last Friday, January 31, 2003. Jim informed Debbie of this layoff and also advised her that
she and the children are no longer covered by health insurance. Debbie is on a temporary basis
at her job and is ineligible for health insurance coverage. I can only believe that Jim has the
opportunity to have Debbie and the children insured under Cobra provisions from his former
employer. I would ask that he look into this and reinstate insurance on Debbie and the children
immediately. This matter was filed in August, 2002, with a hearing on temporary orders stricken
to try to "work things out" amongst the parties. Jim has not been financially helping Debbie in support of the children for the last five months. He has paid a total of $450.00 to Debbie directly
for the children's expenses. Debbie has been most gracious in this matter so far. Because of
this, we would ask that proof of reinstatement of Debbie and the children be provided to our
office within the next ten (l 0) days.
We requested of you on December 27, 2002, informal discovery from your client in order
to draft a settlement proposal. To date, we have not received any documentation. I am enclosing
documentation we have gathered from our client for your review. I look forward to receiving
your documents without the necessity of formal discovery requests in the near future.
2630 Two Union Square, 601 Union Street, Seattle, WA 98101, (206) 382-1830, FAX (206) 382-1920
(
J
Page2
P.
PCB:jmw
Enclosures
cc:
Debbie Dahl
00243897.DOC
EXHIBIT E
,.
r:
S. ALAN WEAVER
RICHARDO. TURNER.
ROBERT BMONSKY
DONA!.D L. ANDERSON
JAMES M, HUSHAGEN
ROBERTG. CASEY
MARl<:J. ROSENBLUM
TERRENCE J, DONAHUE
GuY I. STERNAL
JOHNR.RUHL
CARL R. PETERSON
P. CRAIG BEETHAM
ANGELIA. D. WESCH
DA. VID B. PETRICH
RONALD J. TROMPETER
A.MY C. LEWlS
IASON M. WHALEN
MICHA.EL S. DELEO
LAW OFFICES OF
CLEMENCIA. CASTRO-WOOLERY
STUART C. MORGAN
JENNIFER A. WING
LANCEP.lll..AIR
GLEN E.1EMPLETON
CS!LLAMUHL
THOMAS P. ROWLAND
DANIEL W. CROWE
CARMEN R. ROWE
OF COUNSEL
JAMES F. HENRIOT
H. EUGENE QUINN
RONALD A. ROBERTS
Tacoma, WA 98402
Re:
Dahl Dissolution
ChL,1.~
Julie M. Worr~l
Paralegal to P. Craig Beetham
cc:
Debbie Dahl
00250173.DOC
SEATILE OFFICE: 2830 Two Union Square, 601 Union Street, Seattle, WA 98101, (206) 382-1830, FAX (206) 382-1920
(
Last Transaction
Name
:
Fax Number:
Date&T i.me :
Report
------------------------------------------------------------------------------------------------Last Fax
Date
Time
Typio-
Duration
Pages
Result
------------------------------------------------------------------------------------------------Ok
00:01:16 02
2538837244
Apr 24 2003 02:52:4Spm Sent
-------------------------------------------------------------------------------------------------
I.
EXHIBITF
LAW OFFICES OF
CLEMENCIA CASTll.0-WOO~Y
STUART C. MORGAN
JENNIFER A. WING
LANCE P. BLAIR
GLEN E. lllMPUITON
CS!LLAMUHL
THOMAS P. ROWLAND
DANIEL W. CROWE
CARMEN R. ROWE
OF COUNSEL
JAMES F. HENRJOT
H. EUGENE QUINN
RONALD A. ROBERTS
Dahl Dissolution
PCB/jmw
cc:
Debbie Dahl
00250173.DOC
SEA ITLE OFFICE: 2830 Two Union Square, 601 Union Street, Seattle, WA 98101, (206) 382-1830, FAX (206) 382-1920
.,,,
. -"1~:
'.-..
I" .
EXHIBITG
.... '
.~ '.:,:
. ,.
,
....
S.ALANWEAVER
RICHARD D. TURNER
ROBERT BARONSKY
DONALD L. ANDERSON
JAMES M. HUSHAGEN
ROBERT G. CASEY
MARl<. J. ROSENBLUM
TERRENCEJ. DONAHUE
GUY J. STERNAL
JOHNR.RUHL
CARL R. PETERSON
P. CRAIG BEETHAM
ANGEUAD. WESCH
OA VJD B. PETRICH
RONALDJ.TROMPETER
AMYC.LEWJS
JASON M. WHALEN
MICHAELS. oeLEO
LAW OFFICES OF
CLEMENCIA CASTRO-WOOLERY
STUARTC.MORGAN
IENN!l'ERA. WING
LANCE P. BLAIR
GLEN E. TEMPLETON
CS!LLA MUlfL
THOMAS P. ROWLAND
DANIE!.. w. CROWE
CARMEN R ROWE
OF COUNSEL
JAMES F. HENRIOT
H EUGENE QUINN
RONALD A ROBERTS
Dahl Dissolution
PCB/jmw
Enclosures
cc:
Debbie Dahl
00250173.DOC
SEATTLE OFFICE: 2830 Two Union Square, 601 Union Street. Seattle. WA 98101, (206) 3821830, FAX (206) 382-1920
LAW OFFICES OF
EISENHOWER& CARLSON,PLLC
1200 Wells Fargo Plaza
1201 Pacific Avenue
Tacoma, WA 98402
(253) 572-4500
FAX (253) 272-5732
To:
Company:
Telephone No.:
Fax No.:
(253) 383-4704
(253) 383-8053
From:
P. Craig Beetham
Number of Pages: 9
(including this page)
Regarding:
Dahl
ClienVMatter #:
Comments:
Letter; Note for Docket; Motion to Compel; Certificate of Compliance
SEATILE OFFICE: 2830 Two Union Square, 601 Union Street, Seattle, WA 98101, (206) 382-1830, FAX (206) 382-1920
The infonnation contained in this facsimile is confidential and may also be privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the
intended recipient, or the employee or agent responsible for delivering it lo the intended recipient, you arc hereby notified that any use, dissemination, distribui ion or copying of this communication is
strictly prohibited. lfyou have received this facsimile in error, please immediately notify us by a collect telephone call to the telephone number listed above, and return the original message to us at the
address above via the US Postal Service. Thank you.
Last Transaction
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:
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Date&Time
Report
E&C LAW FIRM
2532725732
Jun 10 2003 01:39pm
------------------------------------------------------------------------------------------------Last Fax
Date
Time
Type
Identification
Duration
Pages
Result
------------------------------------------------------------------------------------------------Ok
00:04:el4 00
2533837244
Jun 10 2003 01:34i42pm Sent
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02-3-02768-6
19197089
RSPMT
06-27-03
1
2
IN COuNrf
.M.
JUN 2 6 2003
BY
~
.M.
DE
DEBORAH DAHL,
Petitioner,
9
10
OF ICE
b't:li&s
v.
JAMES DAHL,
11
Respondent.
12
13
COMES
NOW
the respondent
James
R. Dahl,
by and through
his
14
undersigned
response to plaintiffs
15
motion to compel discovery.
16
sub-joined affidavit of Richard W. Lockner.
17
DA TED this
-1,,h
18
.(~lP.S.
19
20
21
22
23
AFFIDAVIT
ST ATE OF WASHING TON )
Krilich, La Pone,
West & Lockner, P.S.
524 Tacoma Avenue South
Tacoma, Washington 98402
(253) 383-4704
) SS.
COUNTY OF PIERCE
3
4
5
result of the marriage and neither child support, residential custody, nor parenting
support order based on imputed income, notwithstanding the recent loss of his long
10
the children to stay in the family residence while he moved to an unfinished, non-
11
12
insulated cabin on Vashon Island with unfinished interior walls and borderline
habitability. The parties have significant debt contemplated to be satisfied by the
13
15
16
17
parties, specifically, the parties retirement accounts, and, division of three (3) homes,
initially the separate property of the respondent, with subsequent issues of
18
community property commingling. The parties and their attorneys have met
19
20
21
from the date of filing to present, information regarding his 40 I (k) pension
22
statements from Southern Counties Oil Company from date of filing to present,
23
Krilich, La Porte,
West & Lockner, P .S.
524 Tacoma Avenue South
Tacoma, Washington 98402
{253) 3834704
filing to present, and information regarding bank accounts held in his names.
3
4
5
6
1.
2.
3.
8
9
4.
10
11
12
Petitioner's counsel did not believe this response fulfilled petitioner's request
13
for information.
14
respondent requesting he contact me for purposes of discussing this issue. I also left
15
voice mail messages for respondent on his cell phone number. Respondent contacted
16
your affiant on the late evening of Wednesday, June 25, 2003. Respondent advised
17
18
he had recently
and is training
to
for fulltime
19
In response to petitioner's request for information, similar discovery requests
20
were forwarded to petitioner in late May of 2003, alleged to have been received on or
21
22
23
about June 9, 2003 with petitioner advising her responses would not be due until July 9,
2003.
information from those entities holding assets on behalf of respondent or the marital
community, that stipulations authorizing release of the same will be executed. Further,
respondent respectfully requests that this court set this matter over for four (4) weeks to
allow both parties to obtain and/or supplement financial information for purposes of
5
6
Respondent
respectfully requests that this court not impose requested terms or sanctions at this time
7
based on respondent's current financial situation, his acquiescence on major issues
8
9
10
regarding his wife, children, and the family residence, and, the fact that the parties
community debts are contemplatedto be satisfied by sale of a rental home.
11
12
13
Richard W. Lockner
14
AND SWORN to before
IJI~-1,
me this _f71V
__ - day of
15
16
17
18
19
20
21
22
23
Krilich, La Porte,
West & Lockner, P.S.
524 Tacoma Avenue South
Tacoma, Washington 98402
(253) 38).4704
LAW Oi=FICES
OF
May 9, 2003
P. Craig Beetham
EISENHOWER & CARLSON, PLLC
1200 Wells Fargo Plaza
1201 Pacific A venue, Suite 1200
Tacoma, WA 98402
RE:
Dahl v. Dahl
Our File No.: 4808-1694 7
1.
2.
3.
4.
I spoke with my client who continues to express optimism with respect to his job search, but has
not been hired as yet. I will apprise you once this has occurred.
As we discussed, my client's current financial status precludes his ability to meet the obligations
as set forth in under the temporary order. Both our respective clients are financially strapped, and,
financial relief likely rests in the rental property. Following your review and receipt of the enclosed
information, kindly advise whether you need any additional information, I would also appreciate your
responding to our request to have your client submit her proposed settlement for review.
Thank you for your time and attention to this matter.
Richard W. Lockner
RWL:s
Enclosures
cc:
James Dahl
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in relic.neeon the dare or informc.tion.
ru;
lllANAGEMEHT
SERVICES
2929 N.W. 31st AVENUE PORTLAND, OREGON 97210 PHONE 503 222-9603
ADMINISTERED BY:
ASSOCIATED ADMINISTRATORS. INC.
UNION TRUSTEES
STEVE WILSON
MARTY DEMARIS
JOHN HILKEY
CHUCK MACRAE
EMPLOYER TRUSTEES
JOSEPH A. BRISLIN
HANK SNOW
RANDY SPRINGER
RODGER M. GLOS
March 4, 2003
James Dahl
25812-120th Lane SW
Vashon, WA 98070
Re: TOC-Woodworkers. JAM Pension Plan
SSN. 539-56-8378
Dear Mr. Dahl:
Pursuant to your recent request we have reviewed the records in the Trust Office and
the results are as follows:
Plan Participation: 1976 - I 986
~~~
Patti Rankin
Pension Coordinator
I lI
j.
MANAGEMENT
SERVICES
2929 N.W. 31st AVENUE PORTLAND, OREGON 97210 PHONE 503 222-9603
ADMINISTERED BY:
ASSOCIATED ADMINISTRATORS, INC.
UNION TRUSTEES
STEVE WILSON
MARTY DEMARIS
JOHN HILKEY
CHUCK MACRAE
EMPLOYER TRUSTEES
JOSEPH A. BRISLIN
HANK SNOW
RANDY SPRINGER
RODGER M. GLOS
James R. Dahl
25812 12oth Lane s.w.
Vashon, WA 98070
Re:
$33,059.13
$65,694.53
$98,753.66
'
James Dahl
March 19, 2003
Page Two
The information provided at this time is based solely
on the records in the Trust Office. This information
is not binding on the Pension Board or this office. If
it should develop that your eligibility and credits are
other than as reported here, the decision of the
Pension Board will control.
Should you have any questions or if we can be of any
assistance, please feel free to contact our office.
Sincerely,
TOC-WOODWORKERS, IAM BENEFIT PLANS
<(!)0~~
CJ~nice Oriver
Pension Coordinator
Jd
Enc.
cc:
fl LED
DEPT. 10
\N OPEN coUR
JUN 2 7 2003
Pierce coun~
WGT~ni;
Cause Number:02-3-02~_.
Petitioner(s)
vs.
Page 1 of 2
JAMES R DAHL
Respondent(s)
Judge: D. Gary Steiner
Court Reporter: ANGELA MCDOUGALL
Judicial Assistant: LINDA SCHRAMM
DAHL, DEBORAH J
P. CRAIG BEETHAM
DAHL, JAMES R
DAHL, AMANDA
DAHL, SARAH J
DAHL, ELIZABETH R
Resolution:
DEBORAH J DAHL
vs.
Page: 2 of 2
Judge: D. Gary Steiner
JAMES R DAHL
MINUTES OF PROCEEDING
Court Reporter:ANGELA MCDOUGALL
Page: __
l II ll I ll 1111111
02-3-02760-6
19201891
JD
oe.so-os
~ .,.~~iLED
n::or
1...1!_\
10
.J
IN OPEN COUR
JU;~ Z 7 2003
.6
7
8
In re the Marriage of:
NO. 02-3-02768-6
DEBORAH DAHL,
10
Petitioner,
11
12
VS.
JAMES DAHL,
13
Res ondent.
14
15
16
17
18
19
20
JUDGMENT SUMMARY
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Judgment Creditor:
Deborah Dahl/P. Craig Beetham
Judgment Debtor:
James Dahl
Principal Judgment Amount:
$0
Interest to Date of Judgment:
$0
Attorney Fees:
$ ,.,2QC). O 0
Costs:
$0
Other Recovery Amounts:
$0
Principal Judgment Amount Shall Bear Interest at 12% Per Annum.
Attorney Fees, Costs and Other Recovery Amounts Shall Bear Interest at 12%
Per Annum.
Attorney for Judgment Creditor:
P. Craig Beetham
Attorney for Judgment Debtor:
Richard Lockner
21
22
THIS MATTER, having come on regularly for hearing on the motion of the Petitioner, and
23
the Court having heard the arguments of counsel and having examined the records and files
24
herein, and being otherwise fully advised in the premises; now, therefore, it is hereby
25
ORDERED that the Respondent, James Dahl, serve upon the Petitioner's attorney the
26
following information on or before.JI,
ly 28 2003:
EISENHOWER & CARLSON, PLLC
-1c)~,~1N.
~1
), . ii.'~ ~'""i
-~ ~"'"~
ATIORNEYSATLAW
1200 WELLS FARGO PLAZA
1201 PACIFIC AVENUE
TACOMA. WASHINGTON 98402
PHONE 2SJ-S724SOO
FAX 2532725732
J.
2
It is further
3
ORDERED that a judgment is awarded against the Respondent pay Petitioner's reasonable
4
attorney's fees in the sum of
5
compel. ~ D-V'l
. .
.:(?et< Q 0. <:>
~Ot\Od
d I, 000
UL
o.J:l ' ~
~5
I~
\J rio+ p~
Db
;:(u.1~ ~8,H.l8.
day of ~
, 2003.
&'7_
8
9
10
11
Presented by:
12
13
15
16
Approved as to form:
17
18
19
20
21
22
23
24
25
26
02-3-02768-6
19369948
NTAB
07-29-03
3
4
5
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
6
7
8
Petitioner,
9
10
NO. 02-3-02768-6
DEBORAH DAHL,
V.
JAMES DAHL,
11
Respondent.
12
TO;
AND TO:
PETITIONER
13
ABOVE
NAMED
AND HER
ATTORNEY
OF
14
RECORD:
15
Please take notice that Richard W. Lockner, counsel for the respondent, will be
16
out of the office from August 4, 2003 through August 11, 2003. You are requested to
17
refrain from scheduling hearings, motions or depositions in the above entitled action in
18
his absence.
19
2&
DATED this
20
day of
-:::Jj \ 7
, 2003.
21
22
23
~R,P.S.
B~
Richard W. Lockner,WSB #19664
Attorney for Respondent
Krilich, La Pone,
West & Lockner, P.S.
524 Tacoma Avenue South
Tacoma, Washington 98402
(253) 383-4704
1
02-3-02768-6
19369972
IN Cou~n{ILEo
STFJG
'S OFF/CE
3
4
5
6
7
NO. 02-3-02768-6
JUDGMENT NO. 03-9-07824-8
DEBORAH DAHL,
11
12
13
Petitioner,
SATISFACTION OF JUDGMENT
VS.
JAMES DAHL,
14
15
The undersigned attorneys for Petitioner in the above-entitled action hereby certify that
16
the Petitioner's Judgment heretofore entered in the above-entitled action in favor of Petitioner
17
and against the Respondent, James Dahl, on June 27, 2003, has been satisfied in full, and the
18
Clerk of the Court is authorized to enter a satisfaction in full of the judgment on the execution
19
20
DATED this
21
,PLLC
22
23
24
25
26
SATISFACTION OF JUDGMENT-
00256568.DOC
ORIGINAL
ATIORNEYS-AT-LAW
1200 WELLS FARGO PLAZA
1201 PACIFIC AVENUE
TACOMA. WASHINGTON 98402
PHONE 253-572-4500
FAX 253-272-5 732
ST ATE OF WASHINGTON
2
)
) SS.
County of Pierce
3
On this the
& Cff& day of July, 2003, before me, a Notary Public in and for the State of
4
Washington, appeared P. Craig Beetham, to me known to be one of the attorneys for the
5
6
7
Petitioner, who acknowledged that he executed the above Satisfaction of Judgment as to the
Petitioner, Deborah Dahl, as his free and voluntary act, and that he was authorized so to do on
behalf of the Petitioner.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
SATISFACTION OF JUDGMENT-2
00256568.DOC
-.,
. '1II,r
\11\\\\l~~\\\\~l~\\lli~\I\\\
02-3-02768-6
19369981
DSW
07-29-03
3
4
5
6
7
8
In re the Marriage of:
9
NO. 02-3-02768-6
DEBORAH DAHL,
Petitioner,
10
11
12
vs.
JAMES DAHL,
13
14
15
16
Res ondent.
Petitioner, pursuant to PCLR 5(b), discloses the following persons who have relevant
factual or expert knowledge whom the Petitioner reserves the option to call as witnesses at trial.
1.
17
a.
18
b.
19
PETITIONER'S DISCLOSURE OF
PRIMARY WITNESSES
2.
20
a.
21
22
23
24
W. Cary Deaton
RSM McGladrey
1145 Broadway Plaza, Suite 900
Tacoma, WA 98402-3523
(253) 572-7111
25
26
b.
3
4
Timothy Richmond
RICHMOND COMPANY
7522 28th St. W.
University Place, WA 98466
(253) 565-8107
Mr. Richmond may testify as to the value of the parties' real property(ies).
5
Petitioner will timely supplement this disclosure of primary witnesses as discovery
6
8
EISENHOWER & CARLSON, PLLC
9
10
11
, WSBA # 20139
P titioner
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
00256457.DOC
FILED
3
A.M.
AUG -
P.M.
N
~
5
6
7
8
In re the Marriage of:
9
NO. 02-3-02768-6
DEBORAH DAHL,
10
I1
12
Petitioner,
vs.
JAMES DAHL,
13
14
PETITIONER'S SUPPLEMENTAL
DISCLOSURE OF PRIMARY
WITNESSES
Res ondent.
Petitioner, pursuant to PCLR 5(b ), supplements her disclosure of the following persons
15
who have relevant factual or expert knowledge whom the Petitioner reserves the option to call as
16
witnesses at trial.
17
1.
18
19
20
Ms. Grier may testify as to the parties' relationship and parenting skills with the children.
21
b.
22
23
24
Chris Grier
I 223 Palm Drive
Fircrest, WA 98466
Patricia DePalma
6602 59th Street Court W.
University Place, WA 98467
Ms. DePalma may testify as to the parties' relationship and parenting skills with the
children.
25
26
c.
2
Patti McCJean
3935 Mason Loop Road, #C
Tacoma, WA 98409
3
4
Ms. McClean may testify as to the parties' relationship and parenting skills with the
children.
d.
6
7
Theresa Benning
15812 NE Leary Way
Redmond, WA 98052
Ms. Benning may testify as to the parties' relationship and parenting skills with the
children.
8
e.
Mary Schrimshire
3623 E. 32nd
Spokane, WA 99223
10
11
Ms. Schrimshire may testify as to the parties' relationship and parenting skills with the
children.
12
f.
13
14
Valerie Furness
1443 Heatherwood West
Tacoma, WA
Ms. Furness may testify as to the parties' relationship and parenting skills with the
children.
15
g.
16
Carol Dameron
4200A Muledeer Drive
USAF A, Colorado 80840
17
18
Ms. Dameron may testify as to the parties' relationship and parenting skills with the
children.
19
h.
20
21
Sherryl Brown
2358 W. 2200 South
Syracuse, Utah 84075
Ms. Brown may testify as to the parties' relationship and parenting skills with the
children.
22
23
24
25
26
DATED this
4th day
of August, 2003.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
. II ~\\11 ~
02-3-02768-6
m~ i~ i \ ~ \I ~ ~
19764844
NTSBC
10-03-03
3
4
5
SUPERIOR COURT OF WASHING TON FOR PIERCE COUNTY
6
7
8
Petitioner,
9
10
NO. 02-3-02768-6
DEBORAH DAHL,
SUBSTITUTION OF COUNSEL
v.
JAMES DAHL,
11
Respondent.
12
TO:
TO:
13
14
COMES NOW Scott Candoo, and hereby notifies all encaptioned
15
parties that Scott Candoo has been retained by the respondent in the above-entitled
16
17
18
19
20
21
cause and substitutes for respondent's former attorney of record, Richard W. Lockner.
Scott Candoo respectfully requests that all correspondence regarding this matter be
directed to him at his address stated below.
Scott Candoo
2115 N 30th, #202
Tacoma, WA 98403
22
23
Substitituion of Counsel - I
ORIGINAL
Krilich, La Porte,
West & Lockner, P.S.
524 Tacoma A venue South
Tacoma, Washington 98402
1?366
10/3/2063
r:
r:
DATED this
t~
3
By:~
4
5
DATED this
~r,
WSB#J966'1-
'] c::;
day~
6
7
By:
Scott A. Candoo, WSB #7815
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Substitituion of Counsel - 2
Krilich, La Porte,
West & Lockner, P.S.
524 Tacoma 1\ venue South
Tacoma, Washington 98402
{253) 383-4704
8fifiS2
CauseNo. 02-3-02768-6
DEBORAHJ DAHL,
Petitioner(s) ,
SETTLEMENTCONFERENCESTATUS
VS.
[ ~LO
[ ] CASE SETTLED
I ] NOT HELD
Lisa572.4500
Assignedto Judge/Commissioner:
R.,..,O=S:<!..A!!.:N!.!..:N!.!::E~B~U~C~K~N!.!::E~R'--------------This case is set for TRIA~i :partment
Scheduledfor hearing
CONTINUEDto
10 on 12/15/2003 9:3?:00 AM
@ /:l_
(date) at
(date) at
/,'l
g. 36 ~
"(time).
(time).
.t7 //
Judge/Cet11111issieAer
NOTES:~---------------------------~
Rev. (7/01)
02-3-02768-6
20006374
NTER
11-17-03
JN couNrf IL E 0
CLERK'S
Nov 1 4
A.M.
OFFICE
200J P.1,t,
c , WASHtNGr
, ColJnty Cl ON
DEP8f~
';IERCE COUN
slVtN S1i
6
7
8
The Honorable Judge D. Gary Steiner
9
DEBORAH DAHL,
NO. 02-3-02768-6
10
Petitioner,
11
12
NOTIFICATION OF INTENT TO
SUBMIT DOCUMENTARY EVIDENCE
UNDERER904
vs.
JAMES DAHL,
Trial Date:
13
Respondent.
14
NOTICE IS HEREBY GIVEN that Petitioner, Deborah Dahl, by and through her
15
attorneys of record, Eisenhower & Carlson, PLLC, and P. Craig Beetham, and submits the
16
following disclosure of documents pursuant to ER 904.
17
under Evidence Rule 904 and shall be deemed authentic and admissible
without further
18
testimony or further identification, unless objection is served within 14 days of the date of notice,
19
pursuant to ER 904( c ).
20
Following are documents intended for introduction at trial:
21
22
~.m~ $!~0.:<l@l!liN1IID8ffiS,'1RR0MIDED1t:B:f:'JU-~;'i!~i:r,;~'*K0;'11~~iE~IBI.ffS~'ii1i~"'fi'l~'!111!111
-=:,;,,;,-;'.,.\:(t_"''i~:L.f',')l';.~.,.oj
2.
24
26
23
25
~t~~l -
1.
ORIGINAL
,e,;.,.j::
;.c'
'\.-
':; ~~i
'.
- ,,
n.
NO.
4.
PNEC Corporation
1800 W. Katella Ave. #400
Orange, CA 92867
(714) 744-7140
5.
State of Washington
Employment Security Dept.
3738 Pacific Avenue
Lacey, WA 98503
(360) 407-5100
USF Reddaway
P .0. Box 1035
Clackamas, OR 97015
7.
Melaleuca, Inc.
Address Unknown
8.
9.
Multicare
P.O. Box 5299
MIS: H4-PY
Tacoma, WA 98415-0299
10.
University of Washington
Payroll
3903 Brooklyn A venue NE
Seattle, WA 98105
206-543-9202
11.
12.
6
7
8
9
10
6.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
EXHIBITS:
3.
26
1
2
fNO.
13.
Washington Mutual
James Center Financial Center
6916- 19th Street W.
University Place, WA 98466-5543
(253) 305-5390
15.
Washington Mutual
James Center Financial Center
6916 - 19th Street W.
University Place, WA 98466-5543
(253) 305-5390
16.
17.
18.
19.
20.
Putnam Investments
Address Unknown
(800) 700-8352
14.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
(joint)
4
5
EXHIBITS:
21
(joint)
22
23
24
25
26
NO.
21.
22.
23.
JCPenney
P.O. Box 981131
El Paso, TX 79998
(800) 527-0881
24.
25.
26.
27.
Old Navy
P.O. Box 103090
Roswell, GA 30076
(877) 222-6868
28.
Bank of America
P.O. Box 53132
Phoenix, AZ 85072-3132
(800) 732-9194
29.
Bank of America
P.O. Box 5270
Carol Stream, IL 60197-5270
(800) 732-9194
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
EXHIBITS:
25
26
NO.
30.
EXHIBITS:
Credit Card Debt:
Capital One (10/00-8/03) (Husband)
31.
32.
Deborah Dahl
c/o Eisenhower & Carlson, PLLC
Wells Fargo Plaza, Suite 1200
1201 Pacific Avenue
Tacoma, WA 98402
(253) 572-4500
33.
34.
James Dahl
c/o Scott Candoo
2115 North 30th, Suite 202
Tacoma, WA 98403
(253) 272-7274
Eisenhower & Carlson, PLLC
Wells Fargo Plaza, Suite 1200
1201 Pacific Avenue
Tacoma, WA 98402
(253) 572-4500
3
4
5
6
7
8
9
10
11
12
13
14
15
16
35.
17
18
19
20
21
22
36.
23
24
25
26
19189 11/13/288~
.JI
FILED
A.M.
I rn 111111111111 U
02-3-02760-6
20009265
PLLW
NOV 1 7 2003
P.M.
11-18-03
4
5
6
7
8
In re the Marriage of:
9
DEBORAH DAHL,
10
11
12
NO. 02-3-02768-6
Petitioner,
PETITIONER'S TRIAL WITNESS AND
EXHIBIT LIST PURSUANT TO PCLR 1
AND PCLR 3(b)(2)
VS.
JAMES DAHL,
13
Trial Date:
Respondent.
14
Petitioner, Deborah Dahl, by and through her attorneys of record, Eisenhower & Carlson,
15
PLLC and P. Craig Beetham, pursuant to PCLR 3(b)(2), discloses the following persons who
16
have relevant factual or expert knowledge whom the Petitioner reserves the option to call as
17
witnesses at trial:
18
19
20
21
22
23
24
25
A. Deborah Dahl
c/o P. Craig Beetham
Eisenhower & Carlson, PLLC
Wells Fargo Plaza, Suite 1200
Tacoma, WA 98402
(253) 572-4500
B. James Dahl
c/o Scott Candoo
2115 North 30th, Suite 202
Tacoma, WA 98403
(253) 272-7274
26
-I
ORIGINAL
AITORNEYS-ATLA W
1200 WELLS FARGO PLAZA
1201 PACIFIC AVENUE
TACOMA, WASHINGTON 98402
PHONE 253-572-4500
FAX 253-272-5732
08843
i9189 ii/18/200~
2
3
4
C. Patti McClean
3935 Mason Loop Road, #C
Tacoma, WA 98409
D. Theresa Benning
15812 NE Leary Way
Redmond, WA 98052
E.
Patricia DePalma
6602 59th Street Court W.
University Place, WA 98467
F.
Chris Grier
1223 Palm Drive
Fircrest, WA 98466
7
8
9
JO
11
12
G. W. Cary Deaton
Dock Street Litigation and Valuation, LLC
535 East Dock Street, #209
Tacoma, WA 98402
(253) 573-9500
13
14
15
16
EXHIBITS
17
Pursuant to PCLR 3(b)(2), Petitioner hereby submits the following exhibits to be used at
18
19
20
21
22
23
24
trial:
l-..Q!'!I ~~,;~~
. ~'!:~:11~~~i~:~'~;.-,:.
'E~H)I1B1ms=-~
"
......)("'t~ii6i'-;';,
lillf:. '
..... '
I.
2.
3.
4.
5.
6.
7.
25
26
~.~fiF~: ~.-):.;iii~:t~
1
ATIORNEYS-AT-LAW
1200 WELLS FARGO PLAZA
1201 PACIFIC AVENUE
TACOMA, WASHINGTON98402
PHONE 2S3-S72-4SOO
FAX 2SJ-272-H32
00044
,:i::J:.
t:~<'
'~!l~lfn::w>
(H'-'
.:
",
"".<
EXHTB.UI'S:"W'.
NO~
8.
9.
10.
11.
Westop Credit Union Account No. 4848 (changed to Sound Credit Union Account
No. 144150) (4/01-6/03) (joint)
12.
)!{\';
r,
.:'; \~:-.w::J
.... !
'+:
>
i- -")~ .:
-- ..
'
>
:~ ~
'"':\'':\~:'~~
3
4
5
6
7
8
(joint)
13.
Washington Mutual Checking and LOC Account No. 387-4476390 (6/01-7/03) (joint)
9
14.
15.
13
16.
14
17.
Loan Information and 1994 refinance on 228 Contra Costa A venue, Fircrest (Rental)
15
18.
Loan Information/Appraisal/Tax
SW, Vashon (Beach)
19.
20.
Southern Counties Oil Company 401(K) Plan (Husband) (1102-3/02; 7/02-9/02; 3/03)
21.
22.
Rainier Pacific Boat Loan Account No. 114 792 (2/02; 5/02; 9/02)
23.
24.
25.
26.
10
11
12
16
17
18
19
20
21
22
23
24
25
26
-3
ATTORNEYS-AT-LAW
1200 WELLS FARGO PLAZA
1201 PACIFIC AVENUE
TACOMA, WASHINGTON 98402
PHONE 253-572-4500
FAX 253-272-57)2
'.
1
2
3
~r\i$~tm!Jl!l~lij,iiffm~!~~!M/l~E~IBITS
~.m'f~ ~'"!l ir.!i!!'mtr~:~,1~~Q~~;i~.j\f
r~.. l<1 ~'1.:1!~'1kr.
.b
t_.,
1
,,.tf<hr
,[ . r1~:~.~
ifi_';~-.
ri.JJ,
'
.,
'
28.
29.
30.
31.
32.
33.
34.
35.
36.
Estimate of Current Market Value of 228 Contra Costa Avenue, Fircrest (Rental)
7
8
27.
-e
J~I
9
10
11
12
13
14
15
The above documents have been previously produced or are in the possession of the
Defendants.
16
17
18
19
20
21
22
23
Petitioner reserves the right to call any witnesses identified in Respondent's Disclosure of
Witnesses, Experts and Exhibits, and to offer as an exhibit any document disclosed by
Respondent; Petitioner also reserves the right to supplement this witness list with names of
additional witnesses who may become known to Petitioner between now and the time of trial;
Petitioner also reserves the right to supplement this exhibit list with documents that may become
known between now and the time of trial.
DATED this
.r:
24
25
26
SBA #20139
-4
ATIORNEYS-AT-LAW
1200 WELLS FARGO PLAZA
1201 PACIFIC AVENUE
TACOMA, WASHINGTON98402
PHONE 2S3-S72-4SOO
FAX 253-272-5732
FILED
IN COUNTY CLERK'S OFFICE
02-3-02768-6
20028494
In Re Marriage of:
3
Deborah Dahl
Petitioner
4
and
5
6
A.M.
11-20-03
NOV 1 9 2003
1
2
SCR
James Dahl
Respondent
~--------------~)
TO:
)
)
No. 02 3 02768 6
)
)
)
)
)
10
11
The above-named parties attended a facilitated settlement conference at the Pierce County Center
for Dispute Resolution held on November 18, 2003
Petitioner's Attorney: P. Craig Beetham
Respondent's Attorney: Scott Candoo
12
13
MEDIATOR:
r present
;z::. present
__ not present
__ not present
Terrance McCarthy
14
15
Lwritten
16
17
18
19
..JC:...-----'--~~~"77~=-~=-----~
Pierce County Center for Dis
Case 031118856
20
21
22
23
24
P.M.
19556 11~26/20
02-3-02768-6
20062853
11-25-03
NTSSTD
f \ l. ~J>K'S Off\CE.
ltl COUNTY CL
y WASHINGTON
UN >L 'count)' Cler\J11("
:T "'
OEP I
~M.
5
6
7
8
In re the Marriage of:
9
NO. 02-3-02768-6
DEBORAH DAHL,
10
11
12
Petitioner,
vs.
JAMES DAHL,
13
14
Res ondent.
Notice is hereby given that all claims against all parties in this action have been resolved.
15
Any trials or other hearings in this matter may be stricken from the court calendar. This notice is
16
17
18
19
If an order dismissing all claims against all parties is not entered within 90 days after the
written notice of settlement is filed, the case shall be dismissed by the court.
DA TED this
?.(
20
21
CERTIF~CATE OF ~MAil~
22
PERSONAL SERV~CE
23
24
25
26
IGINAL.
NOTICE OF SETTLEMENT - 1
00264575.DOC
3 00867
19636
02-3-02768-6
20075644
CME
12/1/2083
12-01-03
NOV 2 ~ 2003
s:.~Ji:;;.
IN THE SUPERIOR COURT, PIERCE COUNTY, WASHING
Cause Number: 02-3-02768-6
DEBORAH J DAHL
MEMORANDUM
Petitioner(s)
vs.
OF JOURNAL ENTRY
Page 1 of 1
JAMES R DAHL
Respondent(s)
Judge: D GARY STEINER
Court Reporter: ANGELA MCDOUGALL
Judicial Assistant: LINDA SCHRAMM
DAHL, DEBORAH J
P. CRAIG BEETHAM
DAHL. JAMES R
DAHL, AMANDA
DAHL, SARAH J
DAHL, ELIZABETH R
Resolution:
00055
9219
12/19/2
\11\\~\l~~l\~\ \~U~l\~~l\I\
02-3-02768-6
20191687
NTAB -
12-18-03
5
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
7
8
9
DEBORAH DAHL,
Petitioner,
10
11
12
NOTICE OF UNAVAILABILITY
OF COUNSEL
vs.
JAMES DAHL,
13
Res ondent.
14
TO:
15
AND TO:
16
YOU AND EACH OF YOU please take notice that attorney P. Craig Beetham will be
17
unavailable from December 24, 2003 through January 2, 2004 and will be returning to the office
18
on January 5, 2004.
19
PLEASE REFRAIN from filing .or attempting to serve, any motions or other forms of
20
21
period specified.
22
23
24
25
26
.--'"'---
NOTICE or UNAVAILABILITY or c~
00265683.DOC
03 00063
9219
12/19/2
./
DATED this
JC
2
EISENHOWER & CARLSON, PLLC
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
00265683.DOC
03 00069
10341
02-3-02768-6
20344999
1/21/2004
01-21-04
NTIS
\M eouN.J
J\;M.
b\:.!t&s ol'PICE
P.M.
Plalntlff(s),
Case No. 02-3-02768-6
vs.
NOTE FOR MOTION DOCKET
DAHL, JAMES R
Defendant(s).
TO THE CLERK OF THE SUPERIOR COURT:
NAME
P. CRAIG BEETHAM
WSB# 20139
ADDRESS
TACOMA WA 98402-4395
(Please note addltlonal
~~~~~~~~~-
Please take notice that the undersigned will bring on for hearing a motion for:
Dissolution - Entry of Final Documents
The hearing Is requested to be held during the regular motion calendar on:
DATE REQUESTED FOR HEARING/MOTION
-~~~~~~~~~
NAME
WSB# 7815
ADDRESS
~~~~~~~~~~~~~~~-
TAC 0 MA WA 98403-3397
~~~~~~~~~~~~~~~-
ORIGINAL
FORMS\MOTIONNOTE3-2001.DAC
00020
02-3-02768-6
20449329
AST
02-06-04
No. 02-3-02768-6
Petitioner(s)
vs.
JAMES R DAHL
[ v(
Respondent(s)
Plalntiff/Petitioner's Attorney
P. CRAIG BEETHAM
] For Trial
For Motion Only
Defendant/Respondent's Attorney
Scott Alexander Candoo
For due cause shown (Continuing Case/Other) the above entitled action is referred to Administration
from Dept.
for reassignment.
] Yes [
] No
(..Y'The abye
.,!l./'lM.-&- ~
( ) All parties DID I DID NOT comply with Rule 40 (e)(3) by waiting until properly excused. PRIORITY
SETTING IS / IS NOT RECOMMENDED.
/
(~Court
//
file and all parties present in Dept./1---
Calen arCoordinator
at
a.m./p.m.
the above entitled action is referred to
Dated
this
day
_
I l I\ 111111111 ~ I
02-3-02768-6
20738565
DCD
03-28-04
2
3
4
5
flLED
DEPT. 10
6
N OPEN COUR
8
9
10
13
NO. 02-3-02768-6
DEBORAH J. DAHL
DECREE OF DISSOLUTION
11
12
(DCD)
Petitioner,
and
JAMES R. DAHL
Respondent.
14
I. JUDGMENT/ORDER
15
16
1.1
1.2
19
20
ORDER SUMMARY:
17
18
RESTRAINING
SUMMARIES
21
or
22
23
24
Legal description of the property awarded (including lot, block, plat, or section, township, range,
II
DECREE (DCD) (DCLSP) (DCINMG) - Page 1 of 6
WPF DR 04.0400 (7/2003) - RCW 26.09.030; .040; .070
f"1 R J G f
ts1
NA L
SCOIT CANDOO
Attorney at Law
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253)272-7274 - Office
South 115 feet of the North 850 feet of the East 10.20 acres of government lot 1,
Section 25, Township 22 North, Range 2 East W.M.; Together with second class tide
lands situate in front of, adjascent to, or abutting upon said premises as conveyed by
the State of Washington under Deeds recorded under King County recording Nos.
7507110567 and 7507110568. Situate in the County of King, State of Washington.
5
6
Lots 11, 12, and 13, in block 5 of Regent's Addition, as per plats, recorded in
volume 8 of plats, page 73, records of Pierce County Auditor.
10
See Page
11
12
1.3
Does not apply. Refer to judgment set forth in Order of Child Support, filed herewith.
13
14
END OF SUMMARIES
II. BASIS
15
16
Findings of Fact and Conclusions of Law have been entered in this case.
Ill. DECREE
17
18
19
IT IS DECREED that:
3.1
20
21
22
23
24
3.2
SCOTI CANDOO
Attorney at Law
2115 N. 30th Street, Suite~
Tacoma, WA 98403
(253)272-7274 - Office
2. Lien on real property located at 228 Contra Costa, Tacoma, Washington in the sum
of $25,000.00.
1
2
This property is to be sold by listing and should the equity be less than $73,000,
then and in that event, the $25,000 shall be reduced at rate of 50 cents for every dollar
less than the $73,000. Conversely, should the property net greater than $73,000, the
Husband's amount shall be the $25,000 plus 50 cents for every dollar greater.
3
4
4. 1989 Bonneville.
10
11
12
13
14
15
16
15. Any and all other retirement benefits that have been disclosed accruing to him by
virtue of his employment.
17
18
19
20
21
22
23
24
3.3
SCOTI CANDOO
Attorney at Law
2115N. 30th Street, Suite~
Tacoma, WA 98403
(253)272-7274 - Office
6. Her IRA.
7. 31.5% of Woodworkers'
8. 50% of Woodworkers'
10. All other retirement benefits that have been disclosed accruing to her by virtue of
her employment.
Other:
Because Wife is awarded the rental and responsible for the mortgage on the rental
pending sale, she shall be entitled to all rental receipts pending said sale.
10
3.4
12
13
1. Mortgage of real property located at 25812 120th Lane S.W., Vashon, Washington.
14
15
16
17
as of 9/02)
$15,299
18
19
20
8. Washington
21
$9,595
Mutual PLC
22
$12,000
Unless otherwise provided herein, the husband shall pay all liabilities incurred by him
since the date of separation.
23
24
11
II
DECREE (DCD) (DCLSP) (DCINMG) - Page 4 of 6
WPF DR 04.0400 (7/2003) - RCW 26.09.030; .040; .070 (3)
SCOTI CANDOO
Attorney at Law
2115 N.
Tacoma, WA 98403
(253)272-7274 - Office
FamilySoft FonnPAK 2003
3.5
3. JC Penney account.
3.6
12
14
3.7
3.8
CONTINUING
RESTRAINING
ORDER.
18
3.9
JURISDICTION
The court has jurisdiction over the children as set forth in the Findings of Fact and
Conclusions of Law.
20
3.10
22
PARENTING PLAN.
The parties shall comply with the Parenting Plan signed by the court on
The Parenting Plan signed by the court is approved and incorporated as part of this
decree.
23
24
SPOUSAL MAINTENANCE.
Does not apply.
16
21
13
19
$3,000.00
Unless otherwise provided herein, the wife shall pay all liabilities incurred by her since
the date of separation.
10
17
$2,197.00
7. Chevron debt
15
as of 11-02)
6. SLM Financial
11
II
DECREE (DCD) (DCLSP) (DCINMG) - Page 5 of 6
WPF DR 04.0400 (7/2003) - RCW 26.09.030; .040; .070 (3)
SCOTI CANDOO
Attorney at Law
2115 N. 30th Street, Suite~
Tacoma, WA 98403
(253)272-7274 - Office
3.11
CHILD SUPPORT.
Child support shall be paid in accordance with the order of child support signed by the
court on 1J.'.,. v (.This order is incorporated as part of this decree.
2
3
4
3.12
3.13
NAME CHANGES.
3.14
For purposes of paragraph 3.2 and calculation of equity, said calculation shall include
"out-of-pocket" expenses that the parties or either of them expen
reparing the home for
OTHER.
1'/'
sale.
-f/f'~
/:
//,,.,.,,_._
J H'- o <f
9
FILED
10
Dated:
3 "" 240 - o cf
11
DEPT. 10
JUJuidcdgreeJ.~t((;f!~rr---ftN
OPEN COOR
Mf.r.t 2 5 200~
12
13
County Cler1<
14
15
16
sco~
W.S.B.A. #7815
Attorney for Respondent
17
18
19
.la_
4-CtcLL
JAMES R:om
Respondent
Craig Beetham
W.S.B.A. #20139
Attorney for Petitioner
J<.<
dterr~L
DEBORAH J. DAHL
Petitioner
'.
20
21
22
23
24
DECREE (DCD) (DCLSP) (DCINMG) - Page 6 of 6
WPF DR 04.0400 (7/2003) - RCW 26.09.030; .040; .070 (3)
SCOTT CANDOO
Attorney at Law
2115 N. 30th Street, Suite ~
Tacoma, WA 98403
(253)272-7274 - Office
....'
..
..
-:'.'
3.11
CHILD SUPPORT.
Child support shall be paid in accordance with the order of child support signed by the
court on 7 -~Gt o
This order is incorporated as part of this decree.
--
3
4
3.12
3.13
NAME CHANGES.
3.14
OTHER.
NIA
8
9
Dated: ] r)..,
oc.f
Judge/Commissioner
10
11
Presented by:
12
13
14
15
16
17
18
W.S.B.A. #7815
Attorney for Respondent
L/JM
AMES R. DAHL
Respondent
19
20
21
22
23
24
DECREE (DCD) (DCLSP) (DCINMG) - Page 6 of 6
WPF DR 04.0400 (7/2003) - RCW 26.09.030; .040; .070 (3)
. SCOTI CANDOO
Attorney at Law
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253)272-7274 - Office
02-3-02766-6
20576007
__ -J'e\~a o~f\Cf.
NT\S
'"GOU~
"lA
rt.9
" i 7.~M
/J
?.~.
o~
'N~sr\\N.G~~
E~tt~%l~~'(
~\~~
DAHL, DEBORAH J
Plalntiff(s),
Case No. 02-3-02768-6
vs.
NOTE FOR MOTION DOCKET
DAHL, JAMES R
Defendant(s).
TO THE CLERK OF THE SUPERIOR COURT:
NAME
_P_. _C_RA_l_G_B_E_E_T_H_A_M
WSB# 20139
ADDRESS
TACOMA WA 98402-4395
---------------note
(Please
Please take notice that the undersigned will bring on for hearing a motion for:
Formal Proof
The hearing Is requested to be held during the regular motion calendar on:
DATE REQUESTED FOR HEARING/MOTION
March 12, 2004
at 9:00 am
WSB# 7815
----------
FORMS\MOT10NNOTE3-2001.DAC
02-3-02768-6
20651134
NTI S
03-11-04
IN
A.M.
MAR 1 1 2004
P.M.
ASHINGTON
ounty Cieri<
_.,.,.__DEPUTY
___
DAHL, DEBORAH J
Plaintiff(s),
vs.
DAHL, JAMES R
Defendant( s).
TO THE CLERK OF THE SUPERIOR COURT:
NAME
_S_C_O_TT_A_L_EX_A_N_D_E_R_C_A_N_D_O_O
~WSB#_7~8_1~5
ADDRESS
_T_A-'-C-'-O_M_A_W_A_9_8_4_03_-_33_9_7
Please take notice that the undersigned will bring on for hearing a motion for:
at9:00 am
P. CRAIG BEETHAM
ADDRESS
FORMS\MOTIONNOTE3-2001.DAC
ORIGINAL
02-l-02768-6
20739556
0~26-04
CME
FILED
DEPT. 10
IN OPEN COUR
MAR 2 6 2004
Pier"~'ty
Clerk
9Yf/.Ef:1un-
vs.
Page 1of2
JAMES R DAHL
Respondent(s)
Judge: D GARY STEINER
Court Reporter: CARLA HIGGINS
Judicial Assistant: LINDA SCHRAMM
DAHL. DEBORAH J
P. CRAIG BEETHAM
DAHL, JAMES R
DAHL, AMANDA
DAHL, SARAH J
DAHL, ELIZABETH R
Resolution:
vs.
Page: 2 of 2
Judge: D GARY STEINER
JAMES R DAHL
Judicial Assistant: LINDA SCHRAMM
Start Date!Time: 03/26/04 11 :29 AM
MINUTES OF PROCEEDING
Court Reporter:CARLA HIGGINS
Page: __
It
,_
02-3-02768-6
20738557
ORODR
03-26-04
2
3
FILED
DEPT. 10
IN OPEN COOR
4
5
MAR 2 6 2004
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHIN
IN AND FOR THE COUNTY OF PIERCE
8
9
10
11
12
13
Petitioner,
and
JAMES R. DAHL,
14
15
16
Respondent.
)
)
)
)
)
)
)
)
)
)
)
NO. 02-3-02768-6
QUALIFIED DOMESTIC RELATIONS
ORDER RE: TIMBER OPERA TORS COUNCILWOODWORKER' SIAM DEFINED
CONTRIBUTION PLAN AND TRUST
~~~~~~~~~~~~)
1.
Effect of this Order. This Order recognizes the right of Alternate Payee to receive
17
all or a portion of Participant's benefits payable under a retirement plan qualified under the
18
Internal Revenue Code of 1986, as amended (the "Code"). This Order is intended to be a
19
qualified domestic relations order ("QDRO") under section 414(p) of the Code and section
20
21
22
23
24
25
2.
Definitions.
a.
26
27
28
u K I G I NA L
law Office of
SCOTT CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272-7274
...
1
b.
Name:
Address:
Birth Date:
SSAN#:
5
c.
6
7
d.
hr'C.C-C..'S\ ~
'1tl-\lAlD
10
11
12
13
14
qqD Y!)P.o..l()r"'l?'='"(....
'1-i.q. 5"7
8
9
Deborah J. Dahl
3.
Marital Property Division. This Order relates to the division of marital property
15
of the Participant and the Alternate Payee pursuant to a Decree of Dissolution. The Alternate
l6
Payee is the former spouse of the Participant. This Order is made pursuant to and in accordance
17
with RCW 26.09 and other applicable related domestic relations laws of the state of Washington.
18
4.
Award of Benefits to Alternate Payee. The Alternate Payee is awarded Fifty One
19
Thousand Five Hundred Dollars ($51,500) of the Participant's benefits under the Plan. As soon
20
as administratively practical after determining that this Order is a QDRO and pursuant to Plan
21
procedures, the Plan Administrator shall segregate and separately account for assets representing
22
the Alternate Payee's award from the Participant's Plan account as of the closest valuation date
23
to November 18, 2003. All benefits not awarded to the Alternate Payee by this Order shall
24
25
5. - - Alternate Payee's Form of Benefit. The Alternate Payee may elect to receive her
26
27
28
Law Office of
SCOTI CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272-7274
., .
award of benefits in any form the Plan permits, except in the form of a joint and survivor annuity
with a subsequent spouse as the beneficiary or as a disability benefit. The Alternate Payee may
elect a distribution as of the first day of any month on or after the earlier of the date:
(a) Participant attains or would have attained the earliest retirement age under the Plan; or
(b) Participant or Alternate Payee is eligible for a distribution under the Plan. All distributions to
Alternate Payee shall be subject to Plan administrative rules and procedures. Alternate Payee's
award of benefits shall not be affected by any election Participant may make or fail to make
under the Plan with respect to the form of payment of his benefit. Any reduction or increase in
the benefit as a result of Participant's election or failure to elect a payment option shall be
10
charged to Participant's portion of the benefits and shall not increase or decrease the amount of
11
12
6.
13
14
OPTION 1:
a.
Before Order Accepted. If Alternate Payee dies before this Order is accepted
15
by the Plan Administrator as a QDRO, the benefits awarded to Alternate Payee under this
16
17
Order shall be paid to the following Substitute Alternate Payee (sometimes called "Contingent
18
Alternate Payee") (if more than one, equally to those surviving Alternate Payee): f\mAvdo.,
19
6a_ro..~ c>~d
20
E\i-z~~
~~hildCren)/dependent(s)
the Substitute Alternate Payee, which must be a child(ren) or other dependent(s) of the
21
25
26
27
28
Law Office of
SCOTI CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272- 7274
1
2
3
OPTION 2:
a.
Before Order Accepted. If Alternate Payee dies before this Order is accepted
by the Plan Administrator as a QDRO, the benefits awarded to Aiternate Payee under this
4
Order shall lapse and shall revert to the Participant.
5
6
7
b.
After Order Accepted. If Alternate Payee dies after this Order is accepted
by the Plan Administrator as a QDRO and before all of the benefits awarded to Alternate Payee
under this Order are paid, the benefits awarded to Alternate Payee under this Order shall be paid
10
to the Alternate Payee's beneficiary, or pursuant to the Plan terms if there is no named
11
beneficiary.
12
7.
13
14
15
16
17
a.
20
by the Plan Administrator as a QDRO, Alternate Payee shall be deemed the Participant's
surviving spouse and beneficiary under the Plan, but only to the extent necessary to provide
Alternate Payee with the benefits awarded to Alternate Payee under this Order, provided the Plan
Administrator subsequently accepts this Order as a QDRO.
18
19
Death of Participant.
b.
Tax Treatment. Alternate Payee shall be treated as the recipient of any benefits
21
distributed to or paid to Alternate Payee pursuant to this Order. The following party shall be
22
responsible for any taxes or excise taxes on the distribution or payment: Alternate Payee, if
23
Alternate Payee is the Participant's spouse or former spouse; and Participant, if Alternate Payee
24
is Participant's child or dependent.
25
9.
Information Requirements.
26
27
28
Law Office of
SCOTI CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272- 7274
notices to Alternate Payee's address as set forth in this Order, unless Alternate Payee provides a
new address to the Plan Administrator in writing. Until all benefits awarded to Alternate Payee
are paid, Alternate Payee shall notify the Plan Administrator of any change in Alternate Payee's
address.
10.
Miscellaneous Provisions.
a.
This Order does not require the Plan to: provide any type or form of
benefit, or any option, not otherwise provided under the Plan; provide increased benefits
(determined on the basis of actuarial value); or pay benefits to Alternate Payee that are required
10
to be paid to another alternate payee under another order previously determined to be a QDRO.
11
12
13
b.
appropriate to enforce or clarify the provisions of this Order or to amend this Order for the
purpose of establishing or maintaining the Order as a QDRO.
14
15
16
c.
The Plan Administrator must accept this QDRO before the Order can be
processed. JAMES R. DAHL shall serve a certified copy of the Order upon the Plan
Administrator.
17
DONE IN OPEN COURT this _
_,,~,._~' '-=----
18
19
20
21
Presented by:
22
/7
23~
24
cSfuTTCANDOO
WSBA#: 7815
Attorney for Petitioner
25
26
27
28
Law Office of
SCOTI CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272-7274
' 1
""'-.,I
.,
JAME
Parti .
. DAHL, Petitioner
ant
Date signed:
rz.
/}
g/,f-~Ob'V
DEBORAH J. AHL~spondent
Alternate Payee
Date signed:
d1 'trlWr.1
o1
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LllW Office of
SCOTI CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272- 727 4
i
02-3-02768-6
20738559
ORQDR
03-26-04
2
3
4
5
6
7
IN THE SUPERIOR COURT OF THE STA TE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
8
9
10
11
12
13
Petitioner,
and
JAMES R. DAHL,
14
Respondent.
)
)
)
)
)
)
)
)
)
)
)
NO. 02-3-02768-6
QUALIFIED DOMESTIC RELATIONS
ORDER RE: TOC - IW A PENSION PLAN
AND TRUST
15
16
1.
Effect of this Order. This Order recognizes the right of Alternate Payee to receive
17
all or a portion of Participant's benefits payable under a retirement plan qualified under the
18
Internal Revenue Code of 1986, as amended (the "Code"). This Order is intended to be a
19
qualified domestic relations order ("QDRO") under section 414(p) of the Code and section
20
21
22
23
24
25
2.
Definitions.
a.
26
27
28
0_ R I G 'NA L
lawOfficeof
SCOTT
CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272-7274
b.
Name:
Address:
Birth Date:
SSAN#:
5
6
7
8
15
16
17
18
19
20
21
22
23
'<Y]c.uo\"J?.-"c....,~ru~S\
~A
gf4&!.c
1-2.<J57
d.
11
14
qq_,
10
13
Deborah J. Dahl
c.
12
3.
Marital Property Division. This Order relates to the division of marital property
of the Participant and the Alternate Payee pursuant to a Decree of Dissolution. The Alternate
Payee is the former spouse of the Participant. This Order is made pursuant to and in accordance
with RCW 26.09 and other applicable related domestic relations laws of the state of Washington .
4.
Payee under this section, which shall be determined using the following Fractional Interest
Formula: Fifty (50%) percent of the amount determined by multiplying Participant's accrued
benefits under the Plan as of August 28, 2002 by a service fraction. The numerator of the service
fraction shall be the Participant's whole and fractional years of employment between September
9, 1983, and August 28, 2002 . The denominator of the service fraction shall be the Participant's
whole and fractional years of employment between 1976 and August 28, 2002.
24
b.
25
spouse under the Plan for purposes of her Fractional Interest. All benefits payable to the
26
(
27
28
Law Office of
SCOTT CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272-7274
(.
l. .
Alternate Payee pursuant to this Order shall be determined by using the Plan interest rate and
actuarial assumptions and adjustments and, if applicable, calculated as if the Participant retired
on the date Alternate Payee's benefits commence. All benefits-not awarded to Alternate Payee
by this Order shall remain payable to or on behalf of Participant, who shall have the right to
c.
benefit improvements under the Plan, only as provided in this paragraph. A benefit improvement
shall not apply to the Alternate Payee unless the improvement is of the type otherwise applicable
10
to Alternate Payee benefits under the Plan. If Alternate Payee's Fractional Interest is subject to
11
12
13
adjustment for a subsidy (either subsidized early retirement benefits and/or subsidized disability
benefits), and the subsidized benefit is/are not payable at the time Alternate Payee enters pay
status, Alternate Payee's Fractional Interest shall be calculated without regard to the subsidy. If
2
3
4
5
6
7
the subsidy becomes payable later, Alternate Payee is entitled to a pro rata share.
Benefit Improvement based upon the Fractional Interest
Formula
~Yes
z9Yes
ONo
9
10
~Yes
ONo
~Yes
ONo
13
14
ro Yes
ONo
11
12
ONo
5.
Alternate Payee's Form of Benefit. The Alternate Payee may elect to receive her
15
award of benefits in any form the Plan permits, except in the form of a joint and survivor annuity
16
with a subsequent spouse as the beneficiary or as a disability benefit. The Alternate Payee may
17
elect a distribution as of the first day of any month on or after the earlier of the date:
18
(a) Participant attains or would have attained the earliest retirement age under the Plan; or
19
(b) Participant or Alternate Payee is eligible for a distribution under the Plan. All distributions to
20
Alternate Payee shall be subject to Plan administrative rules and procedures. Alternate Payee's
21
award of benefits shall not be affected by any election Participant may make or fail to make
22
under the Plan with respect to the form of payment of his benefit. Any reduction or increase in
23
the benefit as a result of Participant's election or failure to elect a payment option shall be
24
charged to Participant's portion of the benefits and shall not increase or decrease the amount of
25
26
27
28
Law Office of
SCOTf CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272-7274
6.
2
3
6
7
8
9
10
11
12
13
The benefits awarded under this Order shall be paid as follows in the event
Eventl
~Yes
OYes
ONo
No
~Yes
DYes
DNo
~No
14
b.
15
l6
"Contingent Alternate Payee"), shall mean the following (if more than one, equally to those
17
18
19
7.
,a
Tax Treatment. Alternate Payee shall be treated as the recipient of any benefits
20
distributed to or paid to Alternate Payee pursuant to this Order. The following party shall be
21
responsible for any taxes or excise taxes on the distribution or payment: Alternate Payee, if
22
Alternate Payee is the Participant's spouse or former spouse; and Participant, if Alternate Payee
23
is Participant's child or dependent, and shall be responsible for any taxes or excise taxes on the
24
distribution or payment.
25
9.
Information Requirements.
26
27
28
law Office of
SCOTI CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272-7274
-.
..
. "'- ..
1
notices to Alternate Payee's address as set forth in this Order, unless Alternate Payee provides a
new address to the Plan Administrator in writing. Until all benefits awarded to Alternate Payee
are paid, Alternate Payee shall notify the Plan Administrator of any change in Alternate Payee's
address.
6
7
10.
Miscellaneous Provisions.
a.
This Order does not require the Plan to: provide any type or form of
benefit, or any option, not otherwise provided under the Plan; provide increased benefits
(determined on the basis of actuarial value); or pay benefits to Alternate Payee that are required
10
11
12
13
14
to be paid to another alternate payee under another order previously determined to be a QDRO.
b.
appropriate to enforce or clarify the provisions of this Order or to amend this Order for the
purpose of establishing or maintaining the Order as a QDRO.
c.
The Plan Administrator must accept this QDRO before the Order can be
15
16
17
18
FILED
=---:-=:J~~=:t-=-.~~===~~-w.fi:FT. 10
19
OPEN COU
20
; Copy Re eived:
MAR 2 6 2004
21
22
23
24
25
26
27
28
JAMESR. DAH
Participant
Date signed: _.4~(!Z..~~tLJ.Lk.~
QUALIFIE DOMESTIC RELATIONS
ORDER RE: TOC - IWA PENSION PLAN
AND TRUST - 6
mc,Jv 0
Law Office of
SCOTI CANDOO
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253) 272-7274
02-3-02768-6
20738560
PP
2
3
4
5
6
7
8
9
In re the Marriage
10
DEBORAH J. DAHL
NO. 02-3-02768-6
of:
Petitioner,
11
and
12
JAMES R. DAHL
PARENTING PLAN
FINAL (PP)
Respondent.
13
14
15
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
16
I.
GENERAL INFORMATION
17
This parenting plan applies to the following children:
18
Age
Name
19
AMANDA
20
SARAH
ELIZABETH
DAHL
DAHL
DAHL
14
11
6
21
II.
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 1of12
FormaPJu~
10. 7
0 R I GI N AiL.sENHOWER
& C~RLSON'PLLC
2.1
2.2
III.
6
7
8
9
10
(2)).
RESIDENTIAL SCHEDULE
11
3.1
12
There are no children under school age.
13
SCHOOL SCHEDULE.
3.2
14
Upon enrollment in school, the children shall reside
with the mother, except for the following days and
times when the children will reside with or be with the
other parent:
15
16
17
18
19
20
21
3. 3
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 2of12
Forms+PIU$
10,7
1
2
3
4
s
6
3.4
7
8
9
10
11
12
13
14
3.5
SUMMER SCHEDULE.
Upon completion of the school year, the children shall
reside with the mother, except for the following days
and times when the children will reside with or be with
the other parent:
15
16
17
18
19
20
21
3.6
22
Does not apply.
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 3of12
3.7
2
3
With Mother
(Specify
Year
Odd/Even/Every)
5
6
7
8
9
10
*
**
**
**
Odd
**
**
Even
Odd
Even
With Father
(Specify
Year
Odd/Even/Every)
*
**
**
**
Even
**
**
Odd
Even
Odd
11
For purposes of this parenting plan, a holiday shall
begin and end as follows (set forth times):
12
13
14
15
16
17
The times for Christmas Eve and Christmas Day are
identified in section 3.3.
18
19
20
Other:
21
*January 1st is youngest child's birthday and shall be
shared as designated in special occasions below.
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 4of12
Forms+P/u$
10. 7
3. 8
With Mother
(Specify
Year
Odd/Even/Every)
4
5
With Father
(Specify
Year
Odd/Even/Every)
6
7
8
Mother's Day
Father's Day
Mother's Birthday
Father's Birthday
Children's Birthdays
Every
Every
Every
Every
Share
Share
9
3.9
10
11
12
13
6
3
4
5
1
14
15
16
17
3.10
RESTRICTIONS.
18
3.11
TRANSPORTATION ARRANGEMENTS.
20
21
22
23
24
25
Page 5of12
3.12
DESIGNATION OF CUSTODIAN.
The children named in this parenting plan are scheduled
to reside the majority of the time with the mother.
This parent is designated the custodian of the children
solely for purposes of all other state and federal
statutes which require a designation or determination
of custody. This designation shall not affect either
parent's rights and responsibilities under this
parenting plan.
2
3
4
5
6
3.13
OTHER.
3.14
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 6of12
forms+Plu
10.1
1
2
3
4
7
8
10
11
12
13
14
15
16
17
18
IV.
DECISION MAKING
19
4.1
.DAY-TO-DAY DECISIONS.
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 7of12
forms.nu 10. 7
MAJOR DECISIONS.
4.2
3
Education decisions:
joint
Non-emergency health
care:
joint
Religious upbringing:
joint
8
9
10
RESTRICTIONS IN DECISION MAKING.
4.3
11
Does not apply.
12
V.
DISPUTE RESOLUTION
13
14
15
16
17
18
19
20
21
22
based on each party's proportional share of income
from line 6 of the child support worksheets.
23
24
25
PARENTING PIAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 8of12
forTM+l'Jus
10. 7
(a)
(b)
(c)
(d)
{e)
5
6
7
8
9
10
11
12
13
14
VI.
OTHER PROVISIONS
15
There are the following other provisions:
16
17
18
A.
The child shall have reasonable-telephone
privileges with the parent with whom the child is not then
residing, without interference from the residential parent.
The nonresidential parent may have reasonable telephone
contact befor~ 8:00 p.m.
19
20
21
22
23
24
25
B.
Each parent agrees to exert every reasonable effort
to maintain free access and unhampered contact and
communication between the child and the other parent, and to
promote the emotions of affection, love and respect between
the child and the other parent. Each parent agrees to
refrain from words or conduct, and to discourage other
persons from uttering words or engaging in conduct which
would have a tendency to estrange the child from the other
parent, to damage the opinion of the child as to the other
parent, or which would impair the natural development of the
child's love and respect for the other parent. Each parent
agrees and understands that words or conduct which have a
PARENTING PI.AN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 9of12
hrrns+P/u:J 10. 7
2
3
4
5
6
7
8
9
10
11
12
13
14
15
E.
Each parent shall inform the other when that parent
plans to be away from his or her residence with the child for
more than two consecutive nights. The information to be
provided shall include duration of the period, the
destination(s) and destination telephone number(s). This
provision is included solely for purposes of knowing the
parent1s and child's location in the event of an emergency
and is not meant to be intrusive.
16
17
F.
Neither parent shall ~dvise the child of the status
of child support payments or other legal matters regarding
the parental relationship and obligation.
18
19
G.
Neither parent shall use the children, directly or
indirectly, to gather information about the other parent or
take verbal messages to the other parent.
20
21
22
H.
Each parent shall have the right and responsibility
to insure that the children attend school and other scheduled
activities while in that parent's care. Activities shall not
be scheduled to unreasonably interfere with the other
parent1s residential time with the child.
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 10of12
1
2
I.
Each parent shall provide the other parent with the
address and telephone number of their residence and update
such information promptly whenever it is anticipated to
change or changes. 11Reasonableness11 is defined at least 30
days in advance of a scheduled move, or within 72 hours of an
unscheduled move.
4
5
6
7
8
9
10
11
J.
Neither parent shall ask the child to make
decisions or requests involving the residential schedule with
the children except for plans which have already been agreed
to by both parents in advance.
K.
Neither parent shall encourage the child to change
his or her primary residence or encourage the child to
believe that it is his or her choice to do so. It is a
choice which will be made by the parents or, if they cannot
agree, the courts.
L.
Neither parent shall introduce a significant other
during the pendency of the temporary Parenting Plan nor have
a significant other spend the night during their visitation
periods.
12
13
M.
Father shall refrain from the consumption of
alcohol twenty-four hours prior to visitation and during
visitation.
14
VII.
15
VIII.
17
18
19
20
21
WARNING:
Violation of residential provisions of this order
with actual knowledge of its terms is punishable by contempt
of court and may be a criminal offense under RCW
9A.040.060(2)
or 9A.40.070(2).
Violation of this order may
subject a violator to arrest.
22
23
24
25
PARENTING PIAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 11of12
FormsPJus
10. 7
3
4
Dated :
] -
2 (, ,.
c..(
5
6
Presented by:
7
8
P. Craig
W.S.B.A.
cott Candoo
W.S.B.A. #7815
Attorney for Respondent
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PARENTING PLAN
WPF DR 01.0400 (9/2001)
RCW 26.09.181; .187; .194
Page 12of12
Interoffice#:
Client File, p,\SCPLUS\DAHL\Dahl.SCP
12/16/2003
10:24
Form: P:\SCPLUS\DAHL\PP.DOC
12/16/2003
10:24 a.m.
Forma.+l'lus
10. 7
1111 lll ll
20738563
02-3-02768-6
l l l ll I\ I
ORSW
03-26-04
1 '
2
FILED
DEPT. 1
IN OPEN C
MAR 2 6
5
6
7
8
9
NO. 02-3-02768-6
10
DEBORAH
ORDER OF CHILD
SUPPORT
(ORS)
J. DAHL
Petitioner,
11
and
12
JAMES R. DAHL
Respondent.
Clerk's Action Required
13
I.
14
15
The judgment
16
A.
B.
17
c.
18
D.
19
E.
F.
G.
H.
20
SUMMARY
summary:
Judgment Creditor
JAMES R. DAHL
Judgment Debtor
DEBORAH J. DAHL
Principal Judgment amount (back support)
payments due 03/01/03
to 10/01/03
$6,031.48
Interest to date of Judgment
$ ~- 7$ YfO.b
(interest 03/01/03 to 12/31/03)
Attorney's
fees
Costs
Other recovery amount
Principal judgment shall bear interest at 12% per
annum.
Attorney's fees, costs and other recovery
amounts shall bear interest at 12% per annum.
Attorney for Judgment Creditor
Attorney for Judgment Debtor
Other:
21
I.
22
23
JUDGMENT
J.
K.
L.
~.C
24
End Judgment
Summary
25
ORDER OF CHILD SUPPORT
WPF DR 01.0500 (9/2001)
RCW 26.09.175; 26.26.132(5)
Page 1of8
Form5-1-Plu'
10.1
OR l GI NAL
EISENHOWER & CARLSON, PLLC
WELLS FARGO PLAZA. SUITE 1200
1201 PACIFIC AVENUE
TACOMA, WASHINGTON 98402
(253) 572-4500
(253) 272-5732 FAX
II.
1
2
2.1
TYPE OF PROCEEDING.
This order is entered pursuant to a decree of
dissolution,legal separation or a declaration of
invalidity and by agreement of the parties.
3
4
5
BASIS
2. 2
7
8
2.3
OTHER:
III.
10
IT IS ORDERED that:
11
3.1
12
Name (first/last)
Age
13
AMANDA
SARAH
ELIZABETH
14
DAHL
DAHL
DAHL
14
11
6
15
3.2
16
17
18
19
20
21
THE OBLIGOR PARENT MUST IMMEDIATELY FILE WITH THE COURT AND
THE WASHINGTON STATE CHILD SUPPORT REGISTRY, AND UPDATE AS
NECESSARY, THE CONFIDENTIAL INFORMATION FORM REQUIRED BY RCW
22
26.23.050.
23
24
25
Page 2 of 8
FOrTn$+Plua 10. 7
1
2
Name (first/last)
DEBORAH DAHL
Birth date:
07/29/57
Service Address: [You may list an address that is not
your residential address where you agree to accept
legal documents.]
916 MANOR DRIVE
FIRCREST, WA 98466
5
6
7
8
9
10
11
THE OBLIGEE PARENT MUST IMMEDIATELY FILE WITH THE COURT AND
THE WASHINGTON STATE CHILD SUPPORT REGISTRY, AND UPDATE AS
NECESSARY, THE CONFIDENTIAL INFORMATION FORM REQUIRED BY RCW
26.23.050.
THE OBLIGEE PARENT SHALL UPDATE THE INFORMATION REQUIRED BY
PARAGRAPH 3.2 PROMPTLY AFTER ANY CHANGE IN THE INFORMATION.
THE DUTY TO UPDATE THE INFORMATION CONTINUES AS LONG AS ANY
MONTHLY SUPPORT REMAINS DUE OR ANY UNPAID SUPPORT DEBT
REMAINS DUE UNDER THIS ORDER.
12
Monthly Net Income: $4,431.63
13
14
15
3.4
16
17
18
19
20
21
SERVICE OF PROCESS.
3. 5
TRANSFER PAYMENT.
The obligor parent shall pay $928.12
commencing January 1, 2004.
22
per month
23
24
25
ORDEROF CHILD SUPPORT
WPF DR 01.0500 (9/2001)
RCW 26.09.175; 26.26.132(5)
Page 3 of 8
rorm1-..Jl'lus 10.l'
2
3
4
5
6
3.6
STANDARD CALCULATION.
7
8
9
The child support amount ordered in paragraph 3.5 does
not deviate from the standard calculation.
10
11
12
13
3. 8
3. 9
14
Starting Date:
January 2004
15
1st
16
3.10
INCREMENTAL PAYMENTS.
17
Does not apply.
18
3.11
19
20
21
22
23
24
25
f'orms+P/ua 10. 7
2
3
4
5
3.12
7
8
9
10
11
12
13
3.13
TERMINATION OF SUPPORT.
14
16
17
3.14
18
19
20
3.15
21
22
23
3.16
PERIODIC ADJUSTMENT.
Does not apply.
24
25
rorrns+PJu:J to. 7
3.17
3
The parties shall file a joint tax return for 2003.
4
2004:
5
2005:
6
12
13
9
10
11
3 .1.
14
15
16
17
18
19
20
21
22
23
24
25
ORDEROF CHILDSUPPORT
WPF DR 01.0500 (9/2001)
RCW26.09.175; 26.26.132(5)
Page 6 of 8
(b) The cost of such coverage for the mother does not
exceed $323.64 (25 percent of mother's basic child
support obligation on Worksheet Line 7}, and the cost
of such coverage for the father does not exceed $193.36
(25 percent of father's basic child support obligation
on Worksheet Line 7).
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
3.19
19
20
21
22
23
24
25
ORDER OF CHILD SUPPORT
WPF DR 01.0500 (9/2001)
RCW 26.09.175; 26.26.132(5)
Page 7 of 8
f'orrM,.}'/u' 10. 7
3.20
3
4
6
7
9
10
3.21
'{ o ct , "'
BACK INTEREST.
11
J-
12
13
3.22
14
15
16
18
19
Dated:
20
Presented by:
21
22
23
~
W.S.B.A. #7815
Attorney for Respondent
24
25
ORDER OF CHILD SUPPORT
WPF DR 01.0500 (9/2001)
RCW 26.09.175; 26.26.132(5)
Page 8 of 8
Interoffice#:
Client File: P:\SCPLUS\DAHL\Dahl.SCP
12/16/2003 10:14 a.m.
Form: P:\SCPLUS\DAHL\OCS.DOC
12/16/2003 10:14 a.m.
Forms+P/..,:t 10. 7
WORKSHEET SYNOPSIS
1. Monthly Net Income
2. Proportional Share of Income
3. Basic Support:
Amanda $790.00
Sarah $639.00
Elizabeth $639.00
4.
TOTAL
MOTHER
$4,431.6.3
.626
COMBINED
$7,075.01
$773.43
$154.69
$1294.57
$258.91
$2068.00
$413.60
$928.12
$1553.48
I $2068.00
7.
FATHER
$2,643.38
.374
TOTAL OBLIGATION
TOTAL CREDITS
12.
$117.00
$400.00
$517.00
$928.12
CASE ALERT
SupportCa/c 2003 T
Wa es and Salaries
Interest and Dividend Income
Business Income
S ousal Maintenance Received
Other Income
Total Gross Monthly Income
add lines 1 a throu h 1 e
Father
Mother
$2,643.38
$4,431.63
$2,643.38
$4,431.63
$7,075.01
$2068.00
Father
Mother
.374
.626
$773.43
$1294.57
Part II: Health Care, Day Care, and Special Child Rearing Expenses (See Instructions, Page 7)
$117.00
b. Children's Uninsured Monthl Health Care
c. Total Monthly Health Care Expenses
line Sa lus line Sb
d. Combined Monthly Health Care Expenses
add father's and mother's totals from line Be
e. Maximum Ordinary Monthly Health Care
multi I line 5 times .05
f. Extraordinary Monthly Health Care Expenses
(line 8d minus line se., if "O" or negative, enter "O")
$117.00
$117.00
$103.40
$13.60
a.
$400.00
b.
C.
d.
$400.00
$400.00
$413.60
$154.69
$258.91
$928.12
$1553.48
$517.00
Continue to Next Page
Transfer Payment
Mother
$928.12
$1036.48
$928.12
$1036.48
Father's
Household
Mother's
Household
$1,000.00
--
Program
f. Other Income (describe)
Father's
Household
Mother's
Household
.
20. Child Suooort Paid For Other Children
Name/age:
Name/age:
21. Other Children Living In Each Household
(First names and ages)
er's Signature
J b rj_
//fJ 200(
Date
City
DEPT. 10
tN OPEN COUR
MAR 2 6 2004
SupportCa/c2003 T
02-3-02768-6
20738564
FNFCL
03-26-04
1
2
3
4
FILED
DEPT. 10
IN OPEN COOR
MAR 2 6 2004
8
9
10
NO. 02-3-02768-6
and
11
12
13
Petitioner,
JAMES R. DAHL
Respondent.
14
I. BASIS FOR FINDINGS
15
16
17
18
19
20
21
2.2
24
22
23
RESIDENCY OF PETITIONER.
2.3
II
FINDINGS OF FACT & CONCL OF LAW (FNFCL) - Page 1 of 6
WPF DR 04.0300 (7/2003)- CR 52; RCW 26.09.030;.070(3)
0 RIG I NA
J
~
SCOTI CANDOO
Attorney at Law
N. 30th Street, Suite~
Tacoma, WA 98403
(253)272-7274 - Office
2.4
3
4
2.5
2.6
8
2.7
2.8
A. Real Properties
14
15
16
17
18
19
20
21
22
23
24
COMMUNITY PROPERTY.
The parties have the following real or personal community property:
12
13
10
11
5
6
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
SCOTI CANDOO
Attorney at Law
2115 N. 30th Street, Suite~
Tacoma, WA 98403
(253)272-7274 - Office
2.9
SEPARATE PROPERTY.
The husband has the following real or personal separate property:
3
4
2.10
A.
B.
C.
D.
E.
F.
G.
H.
I.
9
10
11
12
J.
13
K.
L.
14
M.
N.
0.
15
16
2.11
17
20
21
24
SEPARATE LIABILITIES.
19
23
18
22
COMMUNITY LIABILITIES.
2.12
MAINTENANCE.
Maintenance was not requested.
II
II
FINDINGS OF FACT & CONCL OF LAW (FNFCL) Page 3 of 6
WPF DR 04.0300 (7/2003) CR 52; RCW 26.09.030;.070(3)
SCOTT CANDOO
Attorney at Law
2115 N. 30th Street, Suite 20~
Tacoma, WA 98403
(253)272-7274 - Office
2.13
2
3
2.14
2.15
2.16
9
10
11
12
2.17
14
17
2.18
20
23
24
Sarah
11
Elisabeth
Mother's/Father's
Names
Deborah Dahl
James Dahl
PARENTING PLAN.
The parenting plan signed by the court on 3-26-2004 is approved and incorporated as
part of these findings.
19
22
Age
14
This state is the home state of the children because the children lived in
Washington with a parent or a person acting as a parent for at least six
consecutive months immediately preceding the commencement of this
proceeding.
16
21
Name of
Child
Amanda
This court has jurisdiction over the children for the reasons set forth below:
15
18
DEPENDENT CHILDREN.
The children listed below are dependent upon either or both spouses.
13
PREGNANCY.
The wife is not pregnant.
6
7
4
5
CHILD SUPPORT.
There are children in need of support and child support should be set pursuant to the
Washington State Child Support Schedule. The Order of Child Support signed by the
court on 3-26-2004 and the child support worksheet which has been approved by the
court are incorporated by reference in these findings.
SCOTI CANDOO
Attorney at Law
2115N. 30th Street, Suite~
Tacoma, WA 98403
(253)272-7274 - Office
Other:
There is to be a judgment entered in favor of the Petitioner and against the Respondent
for unpaid childsupport which was ordered under the temporary orders in this matter.
2
3
2.20
OTHER.
NIA
5
6
111. CONCLUSIONS
The court makes the following conclusions of law from the foregoing findings of fact
3.1
8
9
3.2
3.3
14
15
16
DE
3.4
3.5
23
RESTRAINING ORDER.
ATTORNEY'S
. 1
IN OPEN COOR
MAR 2 6 2004
20
22
CONTINUING
18
21
DISPOSITION.
The court should determine the marital status of the parties, make provision for a
parenting plan for any minor children of the marriage, make provision for the support of
any minor children of the marriage entitled to support, consider or approve provision for
the maintenance of either spouse, make provision for the disposition of property and
liabilities of the parties, make provision for the allocation of the children as federal tax
exemptions, make provision for any necessary continuing restraining orders, and make
provision for the change of name of any party. The distribution of prope
iabilities
as set forth in the decree is fair and equitable.
FPILTED O
13
19
GRANTING OF A DECREE.
The parties should be granted a decree.
12
17
JURISDICTION.
The court has jurisdiction to enter a decree in this matter.
10
11
OF LAW
3.6
OTHER.
N/A.
Dated:3
..-o?tz.., CY
24
FINDINGS OF FACT & CONCL OF LAW (FNFCL) - Page 5 of 6
WPF DR 04.0300 (7/2003) - CR 52; RCW 26.09.030;.070(3)
SCOTI CANDOO
Attorney at Law
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253)272-7274 - Office
..
'
Presented by:
2
3
4
5
/~
(~NDOO
W.S.B.A. #7815
Attorney for Respondent
Craig Beetham
W.S.B.A. #20139
Attorney for Petitioner
JAMES R. DAHL
Respondent
DEBORAH J. DAHL
Petitioner
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
FINDINGS OF FACT & CONCL OF LAW (FNFCL)- Page 6 of6
WPF DR 04.0300 (7/2003) - CR 52; RCW 26.09.030;.070(3)
SCOTT CANDOO
Attorney at Law
2115 N. 30th Street, Suite~
Tacoma, WA 98403
(253)272-7274 - Office
. . .
Presented by:
4
5
SC TICANDOO
W.S.B.A. #7815
Petitioner
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
FINDINGS OF FACT & CONCL OF LAW (FNFCL) - Page 6 of 6
WPF DR 04.0300 (712003)- CR 52; RCW 26.09.030;.070(3}
SCOTI CANDOO
Attorney at Law
2115 N. 30th Street, Suite 201
Tacoma, WA 98403
(253)272-7274 - Office
20119
11 ~ l I Ill l\'11111111
o2-3.a2160-6
39129s22
sTFJ~
-.- - -o~~~-1~
.....
9/5/2012
aa~a3
Deborah J. Dahl
Plaintiff
vs
0 d-
:s -Q dlb8-~ED
James R. Dahl
SEP - 4 2012
Defendant
P.M.
in the Superior Court of the State Washington for the County of Pierce, wherein Deborah J. Dahl, Plaintiff
(s) and James R. Dahl, Defendant(s) hereby acknowledges l!J full D partial satisfaction of the judgment
recovered against James R. Dahl on the 20th day of June, 2012 in the sum of $6,522.10 including D
costs and D interest, which said judgment is entered in the execution docket of said Court.
Deborah J. Dahl
or Attorney for Plaintiff(s)
Address
Telephone
State of Washington
SS.
County of Pierce
I certify that I know or have satisfactory evidence that Deborah J. Dahl is the person who appeared
before me, and said person acknowledged that free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated: June 20, 2012
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 14 2004 11:00 AM
KEVIN STOCK
COUNTY CLERK
DEBORAH J DAHL
Petitioner(s),
vs.
NO. 02-3-02768-6
NOTICE OF INTENT TO WITHDRAW
JAMES R DAHL
Respondent(s)
PAGE 1 OF 2
ntiwdsup-0001.pdf
02-3-02768-6
The last know name and address of the parties I have been representing are listed below:
JAMES R DAHL
25812 - 120TH LANE SW
VASHON ISLAND, WA 98070
CERTIFICATE OF SERVICE
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct: That on December 14, 2004, I mailed a copy of this document to the attorney(s)
of record and/or parties at their respective addresses of record.
PAGE 2 OF 2
ntiwdsup-0001.pdf
02-3-02768-6
23808759
STFJG
09-30-05
FI LED
IN COUNTY CLERK'S
A.M.
SEP 3 0 2005
PIERCE CO
KEVIN S
BY
SATISFACTION OF JUDGMENT
PIERCE COUNTY
02-3-02768-6
PLAINTIFF:
DEBORAH J. DAHL
DEFENDANT:
JAMES R. DAHL
OFFICE
RTC
SEP 3 0 2005
~\ 'l ~?\t1
P.M.
TY, WASHINGTON
DEPUTY
21734
10/3/2005
NO. 02-3-02768-6
Plaintiff
vs.
James R. Dahl
SATISFACTION OF JUDGMENT
Defendant
KNOW ALL PERSONSBY THESE PRESENTS:That Deborah J. Dahl, the Judgment creditor in an
action in the District Court of the State of Washington, for the County of Pierce, wherein James R.
Dahl, Plaintiff(s), and Deborah J. Dahl, Defendant(s), hereby acknowledge(s) X full D partial
satisfaction of the Judgment recovered against Deborah J. Dahl, on the 26th day of September
2005, in the sum of $25,000 including x costs and D interest, which said Judgment is entered in
the execution docket of said Court.
Deborah J.
hi
State of Washington
County of
'\? \.Q..I{
SS:
\......
, ~
~
, before me personally appeared
\)c.,b \
to me known
to be the individual(s) described in and who executed the ~n
and foregoing instrument, and
acknowledged that
':>he
signed the same as
__be c
freeand voluntary act and
deed for the uses and purposes therein mentioned.
Given under my hand and official seal the day and year last above written.
On this ~
day of
tye-~C)'\s'h, :;J
<a-cl=
Satisfaction of Judgment
Page 1 of 1
LPB-62
RAINIER TITLE COMPANY
Reference: 20175699303CB1
LPB-62 {7/97)
00047
02-3-02768-6
27390367
SM
TACOMA WA
02-3-02768-t.
3
4
5
Rcpt. Date
04/26/2!JJ?
Acct [~3te
041261200?
ReceiPt!Item H
2007-05-06857/01
Cashier: MLN
1104
Tim ,
12:03 PM
$FFR
T nmsaction Amount:
8
9
In re:
10
DEBORAH J. DAHL
A.M.
No. 02-3-02768-6
Petitioner,
12
and
13
JAMES R. DAHL
APR 6 2007
PIERce
KEVIN
11
$4 .. 00
Respondent.
14
15
16
1.
An action has been started against you in the above court requesting that the court
modify the child support provisions of your support order. The requests are stated in the
petition, a copy of which is served upon you with this summons. .
2.
You must respond to this summons and petition by filing a written response with the
clerk of the court and by serving a copy of your response on the person signing this
summons. You must also complete the Washington Child Support Schedule Worksheet
and a Financial Declaration (Form WPF DRPSCU 01.1550) served with this summons.
The completed worksheet and financial declaration must be filed and served with your
written response.
3.
Your written response to the summons and petition must be on form WPF DR 06.0300,
Response to Petition for Modification of Child Support (RSP). This form may be
obtained by contacting the clerk of the court at the address below, by contacting the
Administrative Office of the Courts at (360) 705-5328, or from the Internet at the
Washington State Courts homepage:
17
18
19
20
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http://www.courts.wa.gov/forms
25
. ?IGINAL
410 4/27/2087
00077
1
4.
If you do not file and serve your written response within 20 days (60 days if you are
served outside of the State of Washington) after the date this summons was served on
you, exclusive of the date of service, the court may, without further notice to you, enter a
default judgment against you ordering the relief requested in the petition. If you serve a
notice of appearance on the undersigned person, you are entitled to notice before an
order of default may be entered.
5.
You may demand that the other party file this action with the court. If you do so, the
demand must be in writing and must be served upon the person signing this summons.
Within 14 days after you serve the demand, the other party must file this action with the
court, or the service of this summons and petition will be void.
6.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so
that your written response, if any, may be served on time. Copies of these papers have
not been served upon your attorney.
7.
One method of serving your written response, completed worksheet and financial
declaration is to send them by certified mail with return receipt requested.
2
3
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This summons is issued pursuant to Superior Court Civil Rule 4.1 and RCW 26.09.175(2) and
(3) of the State of Washington.
12
13
Dated:
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02-3-02768-6
27390368
$PTMDS
04-26-07
2
3
4
5
6
7
Superior Court of Washington
County of PIERCE
In re:
10
DEBORAH J. DAHL
No. 02-3-02768-6
11
Petitioner,
12
and
13
JAMES R. DAHL
Respondent.
14
15
I. Basis
16
17
1.1
Placeof Residence
18
19
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21
1.2
22
This court has jurisdiction over the parents for the reasons that follow.
23
24
25
OR,G\NAL
418
4/27/2897
00079
,,...
1.3
The most recent support order was entered in Pierce County on March 26, 2004.
The order requires James Dahl to pay $928.12 per month for the support of (fist names
of children:
4
Amanda Dahl
Sarah Dahl
Elizabeth Dahl
5
6
7
1.4
9
Amanda Dahl is in need of post secondary educational support because the child is in
fact dependent and is relying upon the parents for the reasonable necessities of life.
10
11
Amanda Dahl is a dependent adult child and support should be extended beyond his or
her eighteenth birthday.
12
The previous order was entered more than a year ago and:
13
The children have moved to a new age category for support purposes.
14
The children are still in high school and there is a need to extend support beyond
the children's eighteenth birthday to allow the children to complete high school.
15
16
1.5
17
The starting date of the modified child support order should be the date on which this
petition is filed.
18
19
1.6
Other
20
21
22
23
24
25
410
4/27/2067
The court should modify the order of child support by requiring either or both parents to
maintain or provide health insurance coverage consistent with RCW 26.09.105 for the children,
if not previously ordered, and by:
0@080
ordering child support payments which are based upon the Washington State Child
Support Schedule.
5
6
7
extending child support beyond Amanda Dahl's eighteenth birthday to allow the child to
complete high school.
extending child support beyond Amanda Dahl's eighteenth birthday until she is no longer
dependent upon either or both parents and is capable of self-support.
8
allowing for post secondary educational support for Amanda Dahl.
9
ordering the payment of attorney fees and costs.
10
11
, WSBA #20139
e tioner
13
14
15
16
I declare under penalty of perjury under the laws of the State of Washington that the foregoing
is true and correct.
17
Signed at----------'
[City]
[State] on
[Date].
18
19
Deborah Dahl
Signature of Petitioner
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410 4/27/2007
00081
-- .
1
2
3
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s
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extending child support beyond Amanda Dahl's eighteenth birthday to allow the child to
complete high school.
extending child support beyond Amanda Dahl's eighteenth birthday.until she is no longer
. dependent upon either or both parents and is capable of self-support.
allowing for post secondary
Dated: ~----.~"""""-----+-~~~
13
14
15
16
17
18
Signed at
perjury under the laws of the State of Washington that the foregoing
VA PS He. s J 4.t.w~J.
[City]
wA
[State) on
J_{ Apro 1
[Date].
19
Debcirah Dahl
20
Signature of Petitioner
21
22
23
..
~
24
25
FamllySofl FO!mPAI<2000
i
"EISENHOWER &c CARLSON, PLlq
i200 Vv""EU..S.FARGO Pl.AZ..~
1201 PACIFIC A VENUE
TACOMA, WA 98402
(253) 572-4500
(253) ?..72-5732 Facsimile
3
4
Julie M. Worrell certifies under penalty of perjury under the State of Washington that the
5
following is true and correct:
6
I am employed with Eisenhower & Carlson, PLLC, attorneys for Petitioner, Deborah Dahl,
7
and make this declaration pursuant to GR l 7(a)(2).
8
The name of the document to be filed with a facsimile signature, to which this declaration is
9
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Paralegal
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26
GR 17 DECLARATION
EISENHOWER
00341092.DOC
1200WellFargoPlaza
I 20 ~ Pacific Avenue
Taco"' WA9840l
PLLC ~:~
;;;:~;:::ii~o
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
May 15 2007 10:52 AM
KEVIN STOCK
COUNTY CLERK
NO. 02-3-02768-6
NOTICE OF APPEARANCE
JAMES R DAHL
Respondent(s)
TO: Clerk of the Court
AND TO: P. CRAIG BEETHAM, attorney for Petitioner, DEBORAH J DAHL, AMANDA
DAHL, SARAH J DAHL, ELIZABETH R DAHL
PLEASE TAKE NOTICE that SCOTT ALEXANDER CANDOO, appears herein on behalf
of the Respondent(s) JAMES R DAHL and requests that all further pleadings and paper, except
original process, be served upon said attorney at the address listed below.
ntaprsup-0001.pdf
02-3-02768-6
278 7272S
NTAB
07-16-07
IN couNrf ILE D
CLERK'S OFF/ E
JUL 1 6 2007
A.M.
k~RCEcouN
BY VIN
f,}fk
6
7
DEBORAH DAHL,
TY
NO. 02-3-02768-6
Petitioner,
UNA V AILABJLITY
9
vs.
10
JAMES DAHL,
11
Res ondent.
12
13
TO:
AND TO:
14
YOU, AND EACH OF YOU, please take notice that P. CRAIG BEETHAM of
15
EISENHOWER & CARLSON, PLLC will be unavailable from August 6, 2007, through
16
PLEASE REFRAIN from filing or attempting to serve any motions or other forms
18
unavailability
22
EISENHOWER & CARLSON, PLLC
23
24
25
26
00362232.DOC
l G N~EtOWER
J
ATIOl!.NEYS-A T-U. W
1200 WELLS FARGO PLAZA
1201 PACIFIC AVENUE
TACOMA, WASHrNGTON 98402
PHONE 253-512-4500
FAX 253-272-5732
II
02-3-02768-6
28661098
FI LED
IN COUNTY CLERK'S OFFICE
11-19-07
NTAB
NOV I 8 2007
A.M.
P.M.
OEPUTY
4
5
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
6
7
DEBORAH DAHL,
NO. 02-3-02768-6
Petitioner,
vs.
10
JAMES DAHL,
11
Res ondent.
12
13
TO:
ANDTO:
14
YOU, AND EACH OF YOU, please take notice that P. CRAIG BEETHAM of
15
EISENHOWER
16
17
18
19
&
through January t,
2008.
PLEASE REFRAIN from filing or attempting to serve any motions or other forms
of expedited pleading practice that would conflict with the undersigned's unavailability
for the period specified.
20
21
t, 2007,
/
DATED this
/)
22
23
24
25
etham, WSBA #
for Petitioner
20139
26
ORIGINAL
- I
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 05 2012 4:22 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
IN RE:
DEBORAH J DAHL
Petitioner(s)
No. 02-3-02768-6
RELOCATION:
ORDER ASSIGNING CASE TO FAMILY COURT
& NOTICE OF HEARING
Vs.
JAMES R DAHL
(ASTRELO)
Respondent(s)
This case is determined to be a family court matter (RCW 26.12.010) and has been assigned to FAMILY COURT - 2,
Judge JAMES ORLANDO.
Notice to Objecting Party:
Once the objection is filed, the objecting party shall serve a copy of this Notice & Order on the relocating party. (RCW
26.09.480)
Trial Date:
Hearings involving relocations or intended relocations of children are to be accorded priority by the court. (RCW
26.09.560.)
Assignment to Set Trial Date
At that time, the court will provide you a trial date for hearing the objection to relocation. Failure to appear will result in the dismissal
of the objection and allowing the relocation.
.. a.
' ~'
I'
02-3-02768-6
39416803
.1->r
;....,B1
'~.
' ~
~BD~1
~~~
FI LED
IN COUNTY CLERK'S OFFICE
P.M.
10-26-12
PPP
PIERCE COUITTY, W
KEVIN STO K.
BY
No. 02-3-02768-6
DEBORAH J. DAHL
Petitioner,
and
JAMES R. DAHL
Res
ndent.
Parenting Plan
[X ] Proposed (PPP}
[ ] Temporary (PPT)
[]Final Order (PP)
[]
[]
[X]
the final parenting plan signed by the court pursuant to a decree of dissolution, legal
separation, or declaration concerning validity signed by the court on this date or
dated ~~~~~~~~~~
the final parenting plan signed by the court pursuant to an order signed by the court on
this date or dated
which modifies a previous parenting
plan or custody decree.
a temporary parenting plan signed by the court.
proposed by (name) Deborah J. Dahl.
(DOB 01-01-1997)
Age
IS
HING10N
unty Clerk
QEPUTY
2.1
(]
[]
2.2
occasions, and what contact the child shall have with each parent Parents are encouraged to
create a residential schedule that meets the developmental needs of the child and individual
needs of their family. Paragraphs 3. 1 through 3. 9 are one way to write your resident;af
schedule. If you do not use these paragraphs, write in your own schedule in Paragraph 3. 13,
3.1
every week [ ] every other week [ ] the first and third week of the month
the second and fourth week of the month [ ] other:
3.2
every week [ ] every other week [ ] the first and third week of the month
the second and fourth week of the month [ ] other:
SchoolSchedule
Upon enrollment in school, the child shall reside with the [X] petitioner
[ ] respondent, except for the following days and times when the child will reside with or be with
the other parent:
from (day and time)--------[]
[]
every week []every other week []the first and third week of the month
the second and fourth week of the month [ ] other:
[]
every week []every other week []the first and third week of the month
the second and fourth week of the month [ ] other:
The school schedule will start when each child begins []kindergarten [)first grade
[]other:
3.3
3.4
3.5
Summer Schedule
Upon completion of the school year, the child shall reside with the [X] petitioner
[]respondent, except for the following days and times when the child will reside with or be with
the other parent:
[ ] Same as school year schedule.
[X] Other: During summer break, the child shall spend two consecutive weeks with the
respondent/father, to be scheduled by March 30Cb of each year. It is anticipated that the
precise scheduling of the 2 week visitation shall take into consideration when
respondent/father is able to schedule his own vacation. The parties shall also take into
consideration the child's athletics schedule in establishing each summer's visitation
period.
3.6
3. 7
With Respondent
(Specify Year
Odd/Even/Every)
[]
For purposes of this parenting plan, a holiday sha11 begin and end as follows (set forth
times):
[]
Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.
a) [X ]
Other: See section 3.3 ref winter vacation and section 3.5 ref summer
vacation. The child's birthday shall be governed by Stttion 3.3 ref Winter Break.
Subject to preserving the child's school and athletic schedule, the respondent father
may exercise periodic special occasion visitation in North Carolina, at his own
expense. Such special occasion visitation shall be scheduled at least 60 days in
advance and with a good faith effort not to disrupt activities already planned by
child and petitioner/mother.
3.8
[X ]
3.9
Does not apply because one parent has no visitation or restricted visitation.
Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1and3.2, in the following order:
(X]
Rank the order of priority, with 1 being given the highest priority:
winter vacation (3 .3)
_ 5_school breaks (3 .4)
2 summer schedule (3.5)
_I_
[)
_3_holidays (3.7)
_4_special occasions (3.8)
_6 _vacation with parents (3 .6)
Other:
3.10 Restrictions
[]
[X]
Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.
The []petitioner's (X] respondent's residential time with the children shall be limited
because there are limiting factors in paragraphs 2.1 and 2.2. The following restrictions
shall apply when the children spend time with this parent:
(]
There are limiting factors in paragraph 2.2, but there are no restrictions on the
[ J petitioner's []respondent's residential time with the children for the following
reasons:
The Petitioner/mother shall pay the child's round trip travel expenses from North Carolina
to Washington State and back for the child's for summer break visitation.
The respondent/father shall pay child's round trip expenses from Nonh Carolina to
Washington and back for the child's winter break visitation.
3.12
Designation of Custodian
The children named in this parenting plan are scheduled to reside the majority of the time with
the ( X] petitioner [] respondent. This parent is designated the custodian of the child solely for
purposes of all other state and federal statutes which require a designation or determination of
custody. This designation shall not affect either parent's rights and responsibilities under this
parenting plan.
If the person with whom the child resides a majority of the time plans to move, that person shaJJ
give notice to every person entitled to court ordered time with the child.
If the move is outside the child's school district, the relocating person must give notice by
personal service or by mail requiring a return receipt.
the intended move. If the relocating person could not
60 days' notice, that person must give notice within 5
notice must contain the information required in RCW
07 .0500, (Notice of Intended Relocation of A Child).
If the move is within the same school district, the relocating person must provide actual notice by
any reasonable means. A person entitled to time with the child may not object to the move but
may ask for modification under RCW 26.09.260.
Notice may be delayed for 21 days if the relocating person is entering a domestic violence shelter
or is moving to avoid a clear, immediate and unreasonable risk to health and safety.
If information is protected under a court order or the address confidentiality program, it may be
withheld from the notice.
A relocating person may ask the court to waive any notice requirements that may put the health
and safety of a person or a child at risk.
Failure to give the required notice may be grounds for sanctions, including contempt.
If no objection is filed within 30 days after service of the notice of intended relocation, the
relocation will be permitted and the proposed revised residential schedule may be
confirmed.
A person entitled to time with a child under a court order can file an objection to the child's
relocation whether or not he or she received proper notice.
Parenting Plan (PPP, PPT, PP) - Page 7 of 11
WPP: DR 01.0400 Mandatory (612008) - RCW 26.09.016, .181; .187; .194
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07 .0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential
Schedule). The objection must be served on all persons entitled to time with the child.
The relocating person shall not move the child during the time for objection unless: (a) the
delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of the
objection, the relocating person shall not move the child before the hearing unless there is a
clear, immediate and unreasonable risk to the health or safety of a person or a child.
Day-to-Day Decisions
Each parent shall make decisions regarding the day-to-day care and control of each child while
the child is residing with that parent. Regardless of the allocation of decision making in this
parenting plan, either parent may make emergency decisions affecting the health or safety of the
children.
4.2
Major Decisions
Major decisions regarding each child shall be made as follows:
Education decisions
Non-emergency health care
Religious upbringing
[X]
[X]
[X]
[]
[]
[]
[]
[]
[]
4.3
petitioner
petitioner
petitioner
petitioner
petitioner
petitioner
petitioner
petitioner
petitioner
[]
[]
[]
[]
[]
[]
[]
[]
[]
respondent
respondent
respondent
respondent
respondent
respondent
respondent
respondent
respondent
[]
[]
[]
[]
[]
[]
[]
[]
[]
joint
joint
joint
joint
joint
joint
joint
joint
joint
Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above.
Sole decision making shall be ordered to the [X] petitioner [ ] respondent for the
following reasons:
[J
[]
[X ]
(b)
(c)
(d)
[]
There are limiting factors in paragraph 2.2, but there are no restrictions on mutual
decision making for the following reasons:
[X] OTHER: The last parenting plan provided for some mutual decision making.
Circumstances have changed, however. There is now only one child covered by the
parenting plan, this cbiJd is older, 16 on January 01, 2013, and the respondent has
not voluntarily engaged in the decision making process in recent years. Now,
relocation to North Carolina will affect the parties' ability to make timely decisions.
V. Dispute Resolution
The purpose of this dispute resolution process is to resolve disagreements about carrying out
this parenting plan. This dispute resolution process may, and under some local court rules or
the provisions of this plan must be used before filing a petition to modify the plan or a motion for
contempt for failing to follow the plan.
[X]
Disputes between the parties, other than child support disputes, shall be submitted to (list person
or agency):
[]
counseling by
[X ]
[]
arbitration by
The cost of this process shall be allocated between the parties as follows: As determined in the
mediation process
[]
[]
[X ]
% petitioner
% respondent.
based on each party's proportional share of income from line 6 of the child support
worksheets.
as determined in the dispute resolution process.
The dispute resolution process shall be commenced by notifying the other party by
request [X ] certified mail [ ] other:
I ) written
(e)
[]
A.
The respondent father shall not consume alcohol within 24 hours of exercising visitation
and shall not consume alcohol during visitation or prior to transporting the child.
B.
The child shall not be used to gather information on the other parent or to
transport/transmit messages between the parents.
C.
Disputes between the parents shall be resolved between the parent's and the child shall not
be involved in those disputes, if any. Specifically,the child shall not be the sounding board
or point of contact for one parent's dissatisfaction or anger with the other parent.
D.
of the state of Washington that this plan has been proposed in good faith and that the statements in Part II
of this Plan are true and correct.
October ~ 3, 2012 at Fircrest, WA
Petitioner
Respondent
If a parent fails to comply with a provision of this plan, the other parent's obligations under the plan are
not affected.
Dated:--------------
Judge/Commissioner
Presented by:
Signature of Party
DEBORAH DAHL, Petitioner
\_
-.
l lUlm~~iHiHl\\l\
02-3-02768-6
RTS
39521400
11-14-12
No. 02-3-02768~
Return of Service
(Notice of Intended Relocation
of Children)
(RTS)
DEBORAH J. DAHL
Petitioner( s ),
and
JAMES R. DAHL
Res ndent( s .
I Declare:
1.
2.
[J
[]
3.
11
'5tf-Q I a
/~
'1Yl'111~/
lut~
""'
l.Jr
wA
j't~
a.m~
.
a.~%Jr.,
4.
5.
Other:
J declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at Tacoma, Washington on (date)
\\ /
5 { ~D \ 'l_
~~
1(~\e0V\
~e.tSCAt
File the original Return of Service with the clerk. Provide a copy to the law enforcement agency where
protected person resides if the documents served include a restraining order signed by the court.
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 05 2012 1:46 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
NO. 02-3-02768-6
NOTICE OF APPEARANCE
JAMES R DAHL
Respondent(s)
TO: Clerk of the Court
AND TO: P. CRAIG BEETHAM, attorney for Petitioner, SCOTT ALEXANDER CANDOO,
attorney for Respondent, DEBORAH J DAHL, AMANDA DAHL, SARAH J DAHL,
ELIZABETH R DAHL
PLEASE TAKE NOTICE that SANDRA E. JOHNSTON, appears herein on behalf of the
Respondent(s) JAMES R DAHL and requests that all further pleadings and paper, except original
process, be served upon said attorney at the address listed below.
ntaprsup-0001.pdf
SANDRA E. JOHNSTON
818 S YAKIMA STE 201
TACOMA, WA 98405
(253) 272-0566
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 05 2012 3:43 PM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
4
5
6
7
DEBORAH J. DAHL,
9
10
Petitioner,
and
JAMES R. DAHL,
Respondent.
11
12
NO. 02-3-02768-6
To:
And To:
13
You and each of you will please take notice that Attorney Sandra E. Johnston will be
14
unavailable during the following dates and requests that during this time no pleadings or notices be
15
served either upon her or appearances be scheduled, which requires her or the client's attention
16
either in person, by pleading. Because Ms. Johnston is a sole practitioner, she also requests that no
action requiring her attention be initially noted or calendared for 2 days immediately following
17
her absence to allow adequate preparation and time to contact her client/s.
18
1.
19
20
2.
Ms. Johnston cannot supervise or introduce another attorney to the facts involved in this case,
during her absence. Terms and sanctions will be requested should any matter requiring her attention
21
or attendance be scheduled as noted above in order for the client/s to obtain the services of substitute
22
counsel to review the file, appear, file pleadings, and resist such matters as necessary, including the
23
24
25
253-272-0566;
FAX
253-272-4172
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
SuperiorCourt of Washington
County of PIERCE
9
10
DEBORAH J. DAHL
11
12
13
Petitioner,
and
JAMES R. DAHL
Respondent.
14
Objection to Relocation/
Petitionfor Modificationof
CustodyDecree/Parenting
Plan/ResidentialSchedule
(OBPT)
Para. 3.10: checkbox if petitionis
attached for:
15
16
I. Identificationof Parties
17
1.1
ObjectingParty
18
Name (first/last) of objecting party: James R. Dahl.
19
1.2
Relocating Party
20
Name (first/last) of relocating party: Deborah J. Dahl.
21
1.3
22
1.4
Dependent Children
24
25
Age 15
II.
3
4
2.1
I, James R. Dahl, object to the intended relocation described in Deborah J. Dahl's Notice
of Intended Relocation of Children dated 10/25/12.
2.2
5
6
A true and correct copy of the Notice of Intended Relocation of Children, with Petitioner's
proposed new parenting plan/residential schedule is not attached because it has already
been filed by the petitioner herein. My proposed parenting plan is filed herewith.
7
8
9
10
Ill.
3.1
Basis
11
12
13
Approving the parenting plan/residential schedule filed with this petition. (Use the
Washington State mandatory pattern form.)
14
Other:
15
I don't object to a temporary relocation of the child to North Carolina. I ask that the
child be allowed to temporarily relocate for the upcoming semester/quarter, with a review
to occur upon her completion of the upcoming semester/quarter.
16
17
I do object to the proposed parenting plan which gives me very little time with my
daughter. Additionally, my daughter has two older sisters who are close in age to her
(but both adults) and who are not relocating to North Carolina. The parenting plan should
allow our daughter significant time in Washington State to maintain her bond with her
sisters, her life long friends, and me.
18
19
20
21
3.2
The relocation of the child is being pursued. There is no need for adequate cause for
hearing this petition for modification.
22
23
24
Adequate Cause
3.3
Child Support
Does not apply.
25
Obj/Relocation/Pt for Modification (OBPT) - Page 2 of 7
WPF DRPSCU 07.0700 Mandatory (6/2008) - RCW 26.09.260(6), .480
3.4
Jurisdictiohand Venue
2
The court has proper jurisdiction and venue.
3
The objecting party resides in King.
4
The child reside(s) in Pierce.
5
The relocating party resides in Pierce.
6
The current custody decree/parenting plan/residential schedule was entered in Pierce
County, WA. A certified copy of the current custody decree/parenting plan/residential
schedule is filed with or attached to this petition, if the decree or plan to be modified was
entered in another county or state.
7
8
9
3.5
Jurisdicti
on Over Proceeding
10
This court has jurisdiction over this proceeding for the reasons below.
11
This court has exclusive continuing jurisdiction. The court has previously made a child
custody, parenting plan, residential schedule or visitation determination in this matter
and retains jurisdiction under RCW 26.27.211.
12
13
This state is the home state of the child because the child lived in Washington with a
parent or a person acting as a parent for at least six consecutive months immediately
preceding the commencement of this proceeding.
14
15
Washington was the home state of the child within six months before the
commencement of this proceeding and the child is are absent from the state but
a parent or person acting as a parent continued to live in this state.
16
17
The child and the parents or the child and at least one parent or person acting as a
parent, have significant connection with the state other than mere physical presence,
and substantial evidence is available in this state concerning the child's care, protection,
training and personal relationships, and the child has no home state elsewhere.
18
19
No other state has jurisdiction.
20
3.6
21
22
During the last five years, the child has lived in no place other than the State of
Washington and with no person other than the objecting party or another party.
to custody or visitation:
Claims
23
24
The objecting party does not know of any person other than the relocating party who has
physical custody of, or claims to have custody or visitation rights to, the child.
25
1
2
The objecting party has not been involved in any other proceeding regarding the child.
The objecting party does not know of any other legal proceedings concerning the child.
3.7
Based upon the following factors, the detrimental effects of allowing the children to move
with the relocating person outweigh the benefits of the move to the child and the
relocating person:
3.7.1
The relative strength, nature, quality, extent of involvement, and stability of the
child's relationship with each parent sibling and other significant persons in the
child's life.
Does apply. Explain:
10
Although I will not object to the relocation, the proposed parenting plan does not
afford the child enough time in the State of Washington to maintain her bond with
her young adult siblings, her long term friends (as she is 15), and me, her father.
11
12
13
3. 7.2
14
15
16
3.7.3
Disrupting contact between the child and the objecting party or parent is more
detrimental to the child than disrupting contact between the child and the person
with whom the child resides a majority of the time.
Does apply.
17
18
19
20
21
Explain:
Explain:
22
23
3. 7.4b The following parents or persons entitled to residential time with the child are
subject to limitations under RCW 26.09.191.
Does apply.
24
Explain:
25
Obj/Relocation/Pt for Modification (OBPT) - Page 4 of 7
WPF DRPSCU 07.0700 Mandatory (6/2008) - RCW 26.09.260(6), .480
3.7.5
The reasons and good faith of each person seeking the relocation.
Does apply.
Although I believe that the Petitioner is making the move in good faith, I do not
agree that the proposed parenting plan and/or her allegations were made in good
faith.
5
6
Explain:
3.7.6
The age, developmental stage, and needs of the child, and the likely impact the
relocation or its prevention will have on the child's physical, educational, and
emotional development, taking into consideration any special needs of the child.
Does apply.
10
11
3. 7. 7
Explain:
The quality of life, resources, and opportunities available to the child and to the
relocating party in the current and proposed geographic locations.
12
3.7.8
15
16
Does apply.
17
18
3.7.9
Explain:
Alternatives to relocation and whether it is feasible and desirable for the other
party to relocate.
19
Does apply.
Explain:
20
21
22
23
Does apply.
Explain:
24
See above paragraph 3.7.9.
25
Obj/Relocation/Pt for Modification (OBPT) - Page 5 of 7
WPF DRPSCU 07.0700 Mandatory (6/2008) - RCW 26.09.260(6), .480
3.8
2
Our daughter is equally bonded to her parents; however, she has expressed an interest
in going with her mother to North Carolina. Because my daughter is a mature 15 year
old, I will not object to her wishes to relocate with her mother. I ask that sufficient time
be given to me in order to preserve her bond with her siblings, her lifelong friends in
Washington State, and me. My child has never been to North Carolina. Because of
that I ask the Court to consider a denial of her relocation in the event that my daughter
wishes to come home.
6
7
8
3.9
9
The objecting party requests an adjustment of the residential provisions of the relocating
party's proposed parenting plan. The adjustment does not include a change in the
residence in which the child resides the majority of the time.
10
11
The objecting party may request a modification of the relocating party's proposed
parenting plan/residential schedule, including a change in the residence in which the
child resides the majority of the time, should the child decide that she does not like living
in North Carolina after having spent the next
12
13
14
3.10
Protection Order
15
16
If you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms or RCW 10.14 Antiharassment forms.
17
18
19
3.11
Other
N/A
IV.
20
21
22
23
24
25
Relief Requested
1
Other:
2
Keep jurisdiction of this matter with Pierce County Superior Court for all future
modifications and/or hearings with this child.
3
4
5
Dated:
---=-{_J
.
d--~J;~~
=-
$"------'--'.
\
27313
~andra E. Johnst9n
Lawyer/WSBA
\)ltorney for Fathe,, Respondent & Objecting Party
No.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
9
Signed at
j&!J~
-s-.a.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Obj/Relocation/Pt for Modification (OBPT) - Page 7 of 7
WPF DRPSCU 07.0700 Mandatory (6/2008) - RCW 26.09.260(6), .480
1
2
3
4
5
6
7
Superior Court of Washington
County PIERCE
8
9
10
No.
DEBORAH J. DAHL
Parenting Plan
Proposed (PPP)
11
12
13
02-3-02768-6
Petitioner,
and
JAMES R. DAHL
Respondent.
14
15
This parenting plan is proposed by James R. Dahl.
16
17
18
19
I.
General Information
20
Name
Age
21
15
22
II.
23
24
Under certain circumstances, as outlined below, the court may limit or prohibit a parent's contact
with the child and the right to make decisions for the child.
Parenting Plan (PPP, PPT, PP) Page 1 of 8
WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;
.187; .194
2.1
2
Does not apply.
3
2.2
4
Does not apply.
5
The residential schedule must set forth where the child shall reside each day of the year,
including provisions for holidays, birthdays of family members, vacations, and other special
occasions, and what contact the child shall have with each parent. Parents are encouraged to
create a residential schedule that meets the developmental needs of the child and individual
needs of their family. Paragraphs 3.1through3.9 are one way to write your residential
schedule. If you do not use these paragraphs, write in your own schedule in Paragraph 3. 13.
10
3.1
7
8
11
12
3.2
13
3.3
17
A. Winter Break shall be divided evenly. The first half of Winter Break shall begin on
the day school lets out until the first Saturday following Christmas Day. The second half
shall begin from the first Saturday following Christmas Day until the day before school is
to resume.
18
19
B. The parents shall alternate with Father having the first half of Christmas break in
Odd years and the second half in Even years. Mother shall have the first half in Even
years and the second in Odd years.
20
21
23
24
16
22
School Schedule
Upon enrollment in school, the child shall reside with the petitioner, except for the
following days and times when the child will reside with or be with the other parent:
14
15
3.4
.187; .194
B. All other school breaks, not otherwise addressed herein, shall be taken by the
person scheduled to have the child.
2
3
3.5
Summer Schedule
Upon completion of the school year, the child shall reside with the petitioner, except for
the following days and times when the child will reside with or be with the other parent:
4
5
A.
Father shall have the entirety of June and July every Summer.
6
B. Summer shall begin on the Sunday immediately after school lets out in June and last
until the last Sunday in July every year.
3.6
10
A.
If Father is able to get additional vacation time (other than the visitation listed
elsewhere herein), he may have additional visitation time with his daughter in North
Carolina for that which he is able to take.
B.
Father may have visitation with his child in North Carolina an additional four
times per year, not otherwise outlined herein.
C.
Father's North Carolina visitation time shall not interfere with the child's
schooling, although she may remain in his care while attending school for the
duration of his visit. If she is in his care during school, Father shall ensure that her
homework and other school obligations are completed timely.
11
12
13
14
15
16
17
3.7
18
19
20
21
22
23
24
With Petitioner
(Specify Year
Odd/Even/Every)
With Respondent
(Specify Year
Odd/Even/Every)
See B below
See B below
See 3.3 above
See 3.3 above
1
A.
Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.
2
B.
3
4
3.8
MLK, President's Day, Memorial Day, Labor Day and Veteran's Day shall be
taken by the parent scheduled to have the child.
5
6
7
Mother's Day
Father's Day
Birthdays
10
A.
Every
See B & C below
Every
See B & C below
Father shall have every Father's Day weekend for so long as it falls during his
summer break visitation or, if it falls during school, he may elect to take it in North
Carolina, if possible.
11
12
B. The child's birthday shall be celebrated by the parent regularly scheduled to have
the second half of Winter Break (see paragraph 3.3 above).
13
C.
14
3.9
15
Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1 and 3.2, in the following order:
16
Rank the order of priority, with 1 being given the highest priority:
17
1 winter vacation (3.3)
2 school breaks (3.4)
3 summer schedule (3.5)
4 vacation with parents (3.6)
5 holidays (3. 7)
6 special occasions (3.8)
18
19
20
21
3.10
22
23
24
Restrictions
Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.
3.11
TransportationArrangements
Transportation costs are included in the Child Support Worksheets and/or the Order of
Child Support and should not be included here.
.187; .194
3
4
3.12
The child named in this parenting plan is scheduled to reside the majority of the time
with the petitioner. This parent is designated the custodian of the child solely for
purposes of all other state and federal statutes which require a designation or
determination of custody. This designation shall not affect either parent's rights and
responsibilities under this parenting plan.
6
7
8
3.13
Other
N/A
10
11
Designation of Custodian
3.14
12
This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.
13
If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.
14
15
16
17
If the move is outside the child's school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60
days before the intended move. If the relocating person could not have known about
the move in time to give 60 days' notice, that person must give notice within 5 days after
learning of the move. The notice must contain the information required in RCW
26.09.440. See also form DRPSCU 07.0500, (Notice of Intended Relocation of A
Child).
18
19
If the move is within the same school district, the relocating person must provide actual
notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.
20
21
Notice may be delayed for 21 days if the relocating person is entering a domestic
violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health
and safety.
22
23
24
1
Failure to give the required notice may be grounds for sanctions, including contempt.
2
If no objection is filed within 30 days after service of the notice of intended
relocation, the relocation will be permitted and the proposed revised residential
schedule may be confirmed.
4
A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
with the child.
6
7
8
The relocating person shall not move the child during the time for objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
there is a clear, immediate and unreasonable risk to the health or safety of a person or a
child.
10
11
12
IV.
Decision Making
13
4.1
Day-to-Day Decisions
14
Each parent shall make decisions regarding the day-to-day care and control of each
child while the child is residing with that parent. Regardless of the allocation of decision
making in this parenting plan, either parent may make emergency decisions affecting the
health or safety of the child.
15
16
17
4.2
Major Decisions
18
19
Education decisions:
petitioner
Non-emergency health care: petitioner
Religious upbringing:
petitioner
20
21
22
23
4.3
24
(a)
1
2
(b)
(c)
(d)
3
4
5
6
V.
7
8
9
Dispute Resolution
The purpose of this dispute resolution process is to resolve disagreements about carrying out
this parenting plan. This dispute resolution process may, and under some local court rules or
the provisions of this plan must, be used before filing a petition to modify the plan or a motion for
contempt for failing to follow the plan.
10
11
12
13
Disputes between the parties, other than child support disputes, shall be submitted to
(list person or agency):
mediation by Pierce County Center for Dispute Resolution, if this box is checked
and issues of domestic violence or child abuse are present, then the court finds that the
victim requested mediation, that mediation is appropriate and that the victim is permitted
to have a supporting person present during the mediation proceedings, or
14
The cost of this process shall be allocated between the parties as follows:
15
17
18
The dispute resolution process shall be commenced by notifying the other party by
written request. other:
Notice may be given by email. Both parties shall keep the other apprised of his/her
email address.
19
20
(a)
(b)
Unless an emergency exists, the parents shall use the designated process to
resolve disputes relating to implementation of the plan, except those related to
financial support.
(c)
( d)
If the court finds that a parent has used or frustrated the dispute resolution
21
22
23
24
1
process without good reason, the court shall award attorneys' fees and financial
sanctions to the other parent.
2
3
(e)
The parties have the right of review from the dispute resolution process to the
superior court.
VII.
7
8
(Only sign if this is a proposed parenting plan.) I declare under penalty of perjury under
the laws of the State of Washington that this plan has been proposed in good faith and
that the st
in Part II of this Plan are true and correct.
12--tJf-lb
10
-{acoma /Jv't!,
11
12
13
14
15
WARNING:
Violation of residential provisions of this order with actual knowledge of its terms is
punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
9A.40.070(2).
Violation of this order may subject a violator to arrest.
16
17
18
When mutual decision making is designated but cannot be achieved, the parties shall make a
good faith effort to resolve the issue through the dispute resolution process.
If a parent fails to comply with a provision of this plan, the other parent's obligations under the
plan are not affected.
19
20
21
Judge/Commissioner
22
23
24
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 05 2012 4:16 PM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
DEBORAH J. DAHL,
NO. 02-3-02768-6
Petitioner,
and
10
JAMES R. DAHL,
11
Respondent
12
I am competent to testify regarding the contents herein and make this declaration on
14
personal knowledge.
15
16
Relocation
I do not object to Petitioner's request to move to North Carolina on a temporary basis.
17
At the time of the move my daughter will be 16 years old. She has two older sisters who are not
18
19
20
moving and who live close to me. She will want to spend as much time as possible in
Washington as possible, not only to maintain her bond with me, but also to visit with them and
21
22
Travel
23
My daughter will be 16 at the time of her temporary relocation. She already is a highly
24
capable, independent young woman. She will be able to travel and/or fly without an escort.
25
She currently has her driver's learner's permit and I am teaching her how to drive.
DECLARATION OF JAMES R. DAHL
Page 1 of3
253-272-0566;
FAX
253-272-4172
Bonding
I am very close to my children. I am not a confrontational man. That has resulted in my
2
3
giving into their mother's demands on all things involving our girls and has sometimes resulted
in me getting less visitation than that to which I am entitled. I avoided confrontation not
because I wanted less time with my girls, but because I wanted fewer arguments and less stress
for them.
ParentingPlan
8
9
10
The parenting plan I propose is a standard plan for a parent left behind. The only other
concern I have is that Elizabeth has not been to North Carolina before. Both of her siblings are
staying here. Because of her age and maturity, I seek flexibility on placement so that if she is
11
The visitation schedule proposed by Petitioner would give our daughter very little time
13
in Washington and I definitely object to it. I ask the Court to give me as much time as
14
reasonable possible. I would like to have visitation in Washington at least four times a year,
15
16
17
1.
18
2. every summer, all of June and July, beginning the first Sunday after school lets out until
19
20
21
22
23
24
Page 2 of3
OF JAMES R. DAHL
2
3
I also ask that I be allowed up to monthly visitation in North Carolina, with having given
14 days of notice to the Petitioner prior to the visit. I have no objection to ensuring that my
North Carolina visits do not interfere with my daughter's schooling.
My ex-wife is and has been a good mother to our girls. Unfortunately our relationship
5
following our divorce has not been as cordial as I had hoped. I have often caved into her
6
demands regarding the timing of visitation just to keep the peace. It now appears that she is
7
attempting to use my accommodations as a weapon against me. I ask the Court not to allow that
8
9
10
to happen.
I work nights as a commercial truck driver; however, our oldest daughters have both
11
12
Drinking
13
It is not fair to label me with a drinking problem. There have never been any findings of
14
her allegations in this action. It is true that I drank a lot during our marriage. It is also true that
15
three years ago, in 2009, I was charged with a DUI. I have not had any problems in the last
16
three years and my drinking has slowed way down. I successfully completed an alcohol
17
program and all Court conditions. My DUI will be reduced to a Neg. I in March of 2014.
18
19
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
20
21
22
23
24
25
253-272-0566;
FAX
253-272-4172
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
February 04 2013 8:30 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR PIERCE COUNTY
7
8
9
10
DEBORAH J. DAHL,
Petitioner,
11
and
12
JAMES R. DAHL, Respondent.
13
Defendants.
)
)
)
)
)
)
)
)
)
)
NO. 02-3-02768-6
NOTICE OF APPEARANCE
14
15
TO:
16
17
18
YOU AND EACH OF YOU will please take notice and are hereby notified that Deborah J.
Dahl hereby enters her appearance in the above cause by and through her legal counsel, Eric V. Berg,
19
Attorney at Law, without waiving any applicable defenses or objections to any issue in the above-
20
referenced cause, and further requests that all further notices, pleadings and papers herein be served
21
upon said attorney ~t the ~ddress below stiled, except original process. ~
22
DATED this ~
----~=-~-"
-----'----=--
23
24
25
26
NOTICE OF APPEARANCE
Eric V. Berg
Attorney at Law, WSBA #28011
P. 0. Box 949, Ola/fa, WA 98359
(253) 851-9619
Email: [email protected]
CERTIFICATION OF SERVICE
2
3
The undersigned certifies that he is over the age of 18 years and not a party to this
action. A true and correct cor,y of the foregoing document was SjiVed on all parties' attorneys
of record by United States 1 s Class Mail on or before February_.,..._.2013.
,
4
I declare under penalty of perjury under the laws of the State of Washington that the
5
6
forego::~~:;,c::~t.
~~
Eric V. Berg
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
NOTICE OF APPEARANCE
Eric V. Berg
Attomey at Law, WSBA #28011
P. 0. Box 949, Ola/la, WA 98359
(253) 851-9619
Email: [email protected]
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 11 2012 8:55 AM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
Superior Court of Washington
County of PIERCE
In re:
10
DEBORAH J. DAHL
No. 02-3-02768-6
Return of Service
(Optional Use)
(RTS)
11
Petitioner,
12
and
13
JAMES
R. DAHL
Respondent.
14
15
I Declare:
16
1.
17
2.
18
other:
1.
2.
3.
4.
5.
19
20
Notice of Appearance;
Notice of Absence & Unavailability;
Relocation: Order Assigning Case to Family Court & Notice of Hearing;
Objection to Relocation w/Proposed Parenting Plan; and
Declaration of James R. Dahl.
21
22
3.
The date, time and place of service were (if by mail refer to Paragraph 4 below):
23
Date.
24
Address:
. .~s 1
12/05/12 Time.
a . ~
25
Return of servtce (RTS) - Page 1 of 2
WPF DRPSCU 01.0250 (6/2010) - CR 4(g), RCW 4.28.080(15)
4.
2
by delivery to the person named in paragraph 2 above.
3
4
5.
6.
Other:
5
6
N/A
7
8
I declare under penalty of perjury under the laws of the state of Washington that the foregoing
is true and correct.
)-J--S- =! L
Signed at
10
q JC ,/1q,o1.-
1)"";'/t.c.
on
Grc;.cs-1'
12
cG
13
Fees:
14
15
Service
Mileage
Total
16
17
File the original Return of Service with the clerk. Provide a copy to the law enforcement agency
where protected person resides if the documents served include a restraining order signed by
the court.
11
18
Signature
19
20
21
22
23
24
25
Return of Service (RTS) - Page 2 of 2
WPF DRPSCU 01.0250 (6/2010) - CR 4(g), RCW 4.28.080(15)
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 11 2012 9:30 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
NO. 02-3-02768-6
NOTICE OF INTENT TO WITHDRAW
JAMES R DAHL
Respondent(s)
TO: Clerk of the Court
AND TO: SCOTT ALEXANDER CANDOO, attorney for Respondent, SANDRA E.
JOHNSTON, attorney for Respondent
NOTICE IS HERBY GIVEN that P. CRAIG BEETHAM intends to withdraw as attorney
for Petitioner/Plaintiff(s) DEBORAH J DAHL, in the above-entitled action on December 11,
2012. This notice is given pursuant to Civil Rule 71(c) of the Rules for Superior Court.
Withdrawal shall be effective without court order and without the service and filing of any
additional papers unless an objection to the withdrawal is served upon the withdrawing attorney
prior to the date set forth above.
There is no trial date scheduled for this case.
PAGE 1 OF 2
ntiwdsup-0002.pdf
02-3-02768-6
The last known name and address of the parties I have been representing are listed below:
DEBORAH J DAHL
916 MANOR DRIVE
FIRCREST, WA 98466
CERTIFICATE OF SERVICE
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct: That on December 11, 2012, I mailed a copy of this document to the attorney(s)
of record and/or parties at their respective addresses of record.
PAGE 2 OF 2
ntiwdsup-0002.pdf
39692935
ORACS
Ft~
IN OPDEP;.
12-17-1 ~
0RDER AMEND
CASE SCHEDUL
Petitioner(s)
vs.
Type of Case:
Estimated Trial (days}:
Track Assignment:
Assigned Department:
JAMES R DAHL
Respondent(s}
EN couRr
DEC
4 2.1111
...
'
DIC
1
Relocation
ORLA - Judge FAMILY co
--------------~------------Relocation Trial
04/02/13 9:00
otherwiseinstructed,ALL Attorneys/Parties
shall reportto the trial courtat 9:00 AM
1Unless
on the date of trial.
NOTICE TO PLAINTIFF/PETITIONER
If the case has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendant(s} with the summons and
complaint/petition: Provided that in those cases where service is by publication the plaintiff shall serve the Case Schedule
within five (5) court days of service of the defendant's first response/appearance.
If the case has not been filed, but an
initial pleading is served, the Case Schedule shall be served within five (5) court days of filing. See PCLR 3.
DATED: 12/17/12
21573
12/!8/2~!2
1&~~&2
ORDER AMENDING
CASE SCHEDULE
Petitioner(s)
vs.
JAMES R DAHL
Respondent(s)
CC:
Page 2 of 2
r:
' '2,1953'
1 m-norn1 ~ 1~-1
02-3-02768-6
39905789
ASTFAM1
',1,...'Z!VZ-8'13
0000$
01-28-13
No. 02-3-02768-6
Petmonert s)
JAMES RDAHL
Respondent(s}
vs.
Pf\'m..\
Defendant/Respondent's Attorney
SANDRA E JOHNSTON
SCOTI ALEXANDER CANDOO
PARTA
lq.
&~~~
~~
_,]:~-- G::.j
Date.January24,2013
PARTS
r-:p..'(V\ \ ,
day of
at
l w
~.m.
All parties are to report
directly and immediately to the above numbered department if reassignment is for
immediate trial.
CJ.~
, 20~,
lxreport pbl/d_C1V1l_reass1gnment_report
Pnnted January 24, 2013
(rev 10/02/09)
--
.... ": :-
02-3-02768-6
39905795
LTR 16
_ ~~~~~--JPERIOR COURT
OF THE
STATE OF WASHINGTON
FOR PIERCE COUNTY
FAMILY COURT - 1
JUDGE ELIZABETH P MARTIN
Dea Fm1gan, Jud1c1al Assistant
Suzanne Tnmble, Court Reporter
(253) 798--6630
DEBORAH J DAHL
916 MANOR DRIVE
FIRCREST, WA 98466
SANDRA E. JOHNSTON
818 S YAKIMA STE 201
TACOMA, WA98045
RE:
Dear Counsel/Litigant
The above referenced case has been reassigned to The Honorable Elizabeth P Martin,
FAMILY COURT - 1. If you have any questions please call me at (253) 798-6630
Sincerely,
DEA FINIGAN
Dea Finigan
Judicial Assistant
cc:
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
January 28 2013 3:18 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
NO. 02-3-02768-6
NOTICE OF INTENT TO WITHDRAW
JAMES R DAHL
Respondent(s)
TO: Clerk of the Court
AND TO: DEBORAH J DAHL, Pro Se, SANDRA E. JOHNSTON, attorney for Respondent
NOTICE IS HERBY GIVEN that SCOTT ALEXANDER CANDOO intends to withdraw as
attorney for Respondent(s) JAMES R DAHL, in the above-entitled action on February 09, 2013.
This notice is given pursuant to Civil Rule 71(c) of the Rules for Superior Court.
Withdrawal shall be effective without court order and without the service and filing of any
additional papers unless an objection to the withdrawal is served upon the withdrawing attorney
prior to the date set forth above.
There is no trial date scheduled for this case.
PAGE 1 OF 2
ntiwdsup-0002.pdf
02-3-02768-6
The last known name and address of the parties I have been representing are listed below:
JAMES R DAHL
25812 120TH LANE SW
VASHON ISLAND, WA 98070
CERTIFICATE OF SERVICE
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct: That on January 28, 2013, I mailed a copy of this document to the attorney(s) of
record and/or parties at their respective addresses of record.
PAGE 2 OF 2
ntiwdsup-0002.pdf
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
March 11 2013 12:39 PM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
4
5
6
7
DEBORAH J. DAHL,
9
10
13
Petitioner,
and
JAMES R. DAHL,
Respondent.
11
12
NO. 02-3-02768-6
To:
And To:
You and each of you will please take notice that Attorney Sandra E. Johnston will be
14
unavailable during the following dates and requests that during this time no pleadings or notices be
15
served either upon her or appearances be scheduled, which requires her or the client's attention
either in person, by pleading. Because Ms. Johnston is a sole practitioner, she also requests that no
16
action requiring her attention be initially noted or calendared for 2 days immediately following
17
18
her absence to allow adequate preparation and time to contact her client/s,
1.
2.
19
Ms. Johnston cannot supervise or introduce another attorney to the facts involved in this case,
20
during her absence. Terms and sanctions will be requested should any matter requiring her attention
21
or attendance be scheduled as noted above in order for the client/s to obtain the services of substitute
22
counsel to review the file, appear, file pleadings, and resist such matters as necessary, including the
request for a motion to continue.
23
253-272-0566;
FAX
253-272-4172
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
March 29 2013 12:43 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J. DAHL,
No. 02-3-02768-6
Petitioner,
and
JAMES R. DAHL,
Respondent.
FIRST AMENDED
Parenting Plan
[X] Proposed (PPP)
[ ] Temporary (PPT)
[ ] Final Order (PP)
[X]
the final parenting plan signed by the court pursuant to an order signed by the court on
this date or dated
, which modifies a previous parenting
plan or custody decree.
proposed by Deborah J. Dahl, petitioner.
Elizabeth R. Dahl
16
Eric V. Berg
Attorney at Law, WSBA #28011
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
2.1
2.2
[X]
The []petitioner's (X] respondent's involvement or conduct may have an adverse effect
on the child's best interests because of the existence of the factors which follow:
[X]
[]
[X]
3.1
3.2
School Schedule
Upon enrollment in school, the child shall reside with the petitioner, except for the following
days and times when the child will reside with or be with the other parent: see following
provisions.
Eric V Berg
Attorney at Law, WSBA #28011
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
3.3
3.4
3.5
Summer Schedule
Upon completion of the school year, the child shall reside with the petitioner, except for the
following days and times when the child will reside with or be with the other parent:
From July 31st to August 24th.
3.6
3.7
With Respondent
(Specify Year
Odd/Even/Every)
See paragraph 3 .3
Eric V. Berg
Attorney at Law, WSBA #28on
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
Every
Every
Every
Every
Every
Every
Odd
See paragraph 3 .3
See paragraph 3 .3
Even
[X]
For purposes of this parenting plan, a holiday shall begin and end as follows (set forth
times): 9:00 am to 8:00 pm on the day of the holiday.
[X]
Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.
[X]
Other:
Respondent may exercise visitation at his choosing in North Carolina on three of the
above holidays that are indicated "every" with petitioner, with at least 30 days notice to
petitioner, so long as the child's school attendance, athletic and extracurricular activities
are not disrupted and with making a good faith effort not to disrupt activities already
planned by petitioner.
The Thanksgiving visitation by respondent begins the day after school lets out and ends
so that she is to be at petitioner's residence by 5:00 pm the day before school resumes.
3.8
Mother's Day
Father's Day
Child's Birthday
[X]
3.9
With Petitioner
(Specify Year
Odd/Even/Every)
Every
With Respondent
(Specify Year
Odd/Even/Every)
Every
See paragraph 3 .3
Does not apply because one parent has no visitation or restricted visitation.
Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1and3.2, in the following order:
[]
Rank the order of priority, with 1 being given the highest priority:
Eric V. Berg
Attorney at Law, WSBA #28011
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
3 holidays (3. 7)
4 special occasions (3.8)
6 vacation with parents (3.6)
3.10
Other:
Restrictions
[]
[X]
Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.
The respondent's residential time with the child shall be limited because there are
limiting factors in paragraphs 2.1 and/or 2.2. The following restrictions shall apply when
the child spends time with this parent:
No consumption of alcohol at any time from 24 hours before visitation is to
begin until the visitation ends and the child has left the custody of respondent.
No overnight visitation without adult presence and supervision.
No overnight visitation at respondent's residence on Vashon Island until
certification that it is compliant with building and fire codes.
3.11
Transportation Arrangements
Transportation arrangements and costs for the child, between parents shall be as follows:
Respondent is to make arrangements for any travel necessary by the child and pay for
same. Petitioner shall reimburse respondent for certain of said expenses, within 30 days of
receiving proof of payment (but not before travel has actually commenced) as:
Spring Break
Summer
Winter Break
Thanksgiving Break
petitioner
petitioner
petitioner
petitioner
pays
pays
pays
pays
50%
50%
50%
50%
of child's
of child's
of child's
of child's
air
air
air
air
fare
fare
fare
fare
Petitioner's duty of reimbursement does not take effect until and unless respondent is
current in past and present child support obligations.
In the event child is unable to travel on the above holidays to Washington, then
respondent will have the option of visitation in North Carolina, with petitioner reimbursing to
respondent her same percentage of his air-fare as indicated above,
Parenting Plan (PPP, PPT, PP) - Page 5of10
WPF OR 01.0400 Mandatory (612008)RCW 26.09.016, .181; .187; .194
Eric V Berg
Attorney at Law, WSBA #28on
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
Other than as provided above, respondent pays the costs of travel for visitation.
Regarding travel for which petitioner is obligated to reimburse any part, respondent is to
book travel at the lowest fares available, to be booked at least 30 days before the time of travel.
3.12
Designation of Custodian
The child named in this parenting plan is scheduled to reside the majority of the time with the
petitioner. This parent is designated the custodian of the child solely for purposes of all other
state and federal statutes which require a designation or determination of custody. This
designation shall not affect either parent's rights and responsibilities under this parenting plan.
3.13
Other
The parties may, by mutual agreement in writing (which can include email by both parties)
reasonably vary from the time frames in this parenting plan.
3.14
any reasonable means. A person entitled to time with the child may not object to the move but
may ask for modification under RCW 26.09.260.
Notice may be delayed for 21 days if the relocating person is entering a domestic violence shelter
or is moving to avoid a clear, immediate and unreasonable risk to health and safety.
If information is protected under a court order or the address confidentiality program, it may be
Eric V Berg
Attorney at Law, WSBA #28011
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
If no objection is filed within 30 days after service of the notice of intended relocation, the
relocation will be permitted and the proposed revised residential schedule may be
confirmed.
A person entitled to time with a child under a court order can file an objection to the child's
relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07 .0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential
Schedule). The objection must be served on al1 persons entitled to time with the child.
The relocating person shall not move the child during the time for objection unless: (a) the
delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of the
objection, the relocating person shall not move the child before the hearing unless there is a
clear, immediate and unreasonable risk to the health or safety of a person or a child.
Day-to-Day Decisions
Each parent shall make decisions regarding the day-to-day care and control of each child while
the child is residing with that parent. Regardless of the allocation of decision making in this
parenting plan, either parent may make emergency decisions affecting the health or safety of the
child.
4.2
Major Decisions
Major decisions regarding each child shall be made as follows:
Education decisions
Non-emergency health care
Religious upbringing
4.3
[X]
[X]
[X]
[]
[]
petitioner
petitioner
petitioner
petitioner
petitioner
[]
[]
[]
[]
[]
respondent
respondent
respondent
respondent
respondent
[]
[]
[]
[]
[]
joint
joint
joint
joint
joint
Sole decision making shall be ordered to the petitioner for the following reasons:
[ ]
[X]
[ ]
Eric V. Berg
Attorney at Law, WSBA#28011
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
[ ]
(d)
[]
There are limiting factors in paragraph 2.2, but there are no restrictions on mutual decision
making for the following reasons:
V. Dispute Resolution
The purpose of this dispute resolution process is to resolve disagreements about carrying out
this parenting plan. This dispute resolution process may, and under some local court rules or
the provisions of this plan must be used before filing a petition to modify the plan or a motion
for contempt for failing to follow the plan.
[X]
Disputes between the parties, other than child support disputes, shall be submitted to (list person or
agency):
[X]
[X]
Costs of said mediation are to be paid as follows: 50% petitioner; 50% respondent.
The dispute resolution process shall be commenced by notifying the other party by [ ] written
request [X] certified mail [ ] other:
In the dispute resolution process:
(a)
(b)
(c)
Eric V. Berg
Attorney at Law, WSBA #28011
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
WFBH
3/27/2013 9:14:40 AM
(d)
(e)
PAGE
3/003
!fthe court finds that it parent has used or frustrated the dispute resolution process
without good reason, the court shall award attorneys' fees a.11<l financial sanctions tu the
other parent
The panics have the right of review from the dispute resolution process to the superior
court.
The child shall not be involved in disputes. between the parties, if any. For example, neither
party shall share with the child any anger or dissatisfaction regard!n.g the other party,
[X]
(Only :sign if this is a proposed parenting plan.) I dt.<eb~re under penalty of'perjury under the laws.
of the state of Washington that this plan has been pmposc<l in good faith and that the statements
in Part
n ofthis
Viii. Otder
by the Court
H fa; ordered, adjudged and decreed that the parenting plan set forth above is a.dopt",J and approved as an
'1(}
Eric v: Berg
Atwmey at Imv, WSBA #z/;1(Jll
P. 0. !k~x949, Ofoffo, W'A 98359
(i5Jl 8151-9619
Violation of residential provisions of this order with actual knowledge of its terms is
punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
9A.40.070(2). Violation of this order may subject a violator to arrest.
WARNING:
When mutual decision making is designated but cannot be achieved, the parties shall make a good faith
effort to resolve the issue through the dispute resolution process.
If a parent fails to comply with a provision of this plan, the other parent's obligations under the plan are
not affected.
Dated:
Judge/Commissioner
Presented by:
Eric V Berg
Attorney at Law, WSBA #28011
P. 0. Box 949, Olalla, WA 98359
(253) 851-9619
2
3
4
5
6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
8
9
10
)
)
) NO. 02-3-02768-6
)
) AFFIDAVIT OF FACSIMILE FILING
)
)
)
)
)
)
)
In Re Marriage of
DEBORAH J. DAHL,
Petitioner,
11
12
and
13
JAMES R. DAHL,
14
Respondent.
15
~~~~~~~~~~~~~~~)
16
The below signed declares on personal knowledge:
17
filing of the initials and signature page(s) which were faxed or electronically transmitted, on
18
the foregoing FIRST AMENDED PROPOSED PARENTING PLAN. I have determined that
19
the document consists of eleven pages (including affidavit page) and that it is complete and
20
legible.
21
22
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
Signed at Olalla, Washington March!'
23
(?, fi/?
c;/t/
24
->>
25
26
2013.
1 of 1
Eric V. Berg
Attorney at Law, WSBA #28011
P. 0. Box 949, Olallo, WA98359
(253) 851-9619 Fax: (253) 509-9999
22969
--
---
02-3-02768-6
40295921
\._
--
CME
4/4~2011
48B23
---
04-03-13
------
---
FILED
Petitioner(s)
DEPT. 2
IN OPEN COURT
vs.
] SETTLEMENT CONF HELD (STLCON)
ETTLEMENT CONF HELD-SETILED
STLCON)
] FAILED TO APPEAR PARTY(IES) (SCR)
] CANCELLED/STRICKEN (SCR)
JAMES R DAHL,
Respondent(s)
.;f 7~ - /JS-~"
rasu
m on
~/15
<t-// U.3
"l.,_
/uv~~
(date) at
-~e.
f/.'1-p ,~
CONTINUED to
//l~
(time).
(time)
OLZ
Rev (3/04)
Judicial Assistant/Clerk
l.J.!.~ .m11 [
U,, -,,
1111
_______,,,
2
3
4
5
6
7
Superior Court of Washington
County PIERCE
8
9
No. 02-3-02768-6
DEBORAH J DAHL
Parenting Plan
Final (PPF)
10
11
\N 0 P C.\-
,...,
~?R - 11.0\'~
Petitioner,
12
f\LEO
?.
0~-:-r..,
~r:r.roUR
1
and
13
JAMES R. DAHL
Respondent.
14
,:, .-r~
15
16
This parenting plan is the final parenting plan signed by the Court pursuant to an order signed
by the Court on this date and filed herewith, which modifies a previous parenting plan or custody
decree.
17
It Is Ordered, Adjudged and Decreed:
18
I.
General Information
19
This parenting plan applies to the following child:
20
Name
Age
16
21
22
II.
23
24
Under certain circumstances, as outlined below, the court may limit or proh1b1t a parent's contact
with the child and the right to make decisions for the chlld.
Parenting Plan (PPP, PPT, PP) Page 1of10
WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;
187; 194
OR\G\NAL
..
1
2
2.1
3
4
2.2
6
7
8
9
Ill.
Residential Schedule
The residential schedule must set forth where the child shall reside each day of the year,
mcludmg provisions for holidays, birthdays of family members, vacations, and other special
occasions, and what contact the child shall have with each parent Parents are encouraged to
create a residential schedule that meets the developmental needs of the child and individual
needs of the family. Paragraphs 3. 1 through 3. 9 are one way to write your residential
schedule. If you do not use these paragraphs, write in your own schedule m Paragraph 3. 13.
10
3.1
11
12
13
3.2
15
16
18
19
20
21
22
23
School Schedule
Upon enrollment in school, the child shall reside with the petitioner/mother, except for
the following days and times when the child will reside with or be with the father:
14
17
3.3
Winter Break shall be divided evenly. The first half of Winter Break shall begin on
the day after school lets out until December 26th. The second half shall begin from
December 26th until the day before school is to resume; &
B. Every year, Father shall have the first half of Christmas break and mother the
second half each year, which also gives mother the child's birthday and New Year's Eve
holidays.
24
, 3.4
A.
Father shall have the entirety of Spring break every year. Spring break shall
begin the day after school lets out until the day before school resumes: and
All other school breaks, not otherwise addressed herein, shall be taken by the
person scheduled to have the child.
5
6
7
3.5
SummerSchedule
Upon completion of the school year, the child shall reside with the pentioner, except for
the following days and times when the child will reside with or be with the other parent:
10
Each year, Father shall have vacation beginning on July 31st (so that the child can
spend her mother's birthday on July 29th with mother) until August 24th.
11
12
13
14
'3.6
15
The schedule for vacation with Father is as follows
16
A
This paragraph applies to Father only, as it only addresses his vrsitation to North
Carolina to visit his child) ct-l( ha..ud 5~l(
~ o.J'N~~ A .30AAuS ~G'<'
"'UO-ii u {-1n. ~ .(,Ml\~
. -- (\~
.,,
B.
If Father rs able to get add1tioha1 vacation time (other than the visitation listed
elsewhere herein), he may have the following additional visitation time with his
daughter in North Carolina: d'NAt four times per year, not otherwise outlined ~
heremj and Ar;f io iA/.
</ uX.lJ(S ~
~
~
~ AIC i
17
18
19
ceca
20
21
22
23
c.
n ~1r~ I
rw
Father's North Carolina visitation time shall not interfere with the child's
schooling, although she may remain m his care while attendmg school for the
duration of his visit If she 1s in school during hrs visit, Father shall ensure that
her homework, extracurricular, sports and/or other school obligations/activities
are attended and/or completed timely If the child has a job, the father shall
enable her to get to work timely.
24
Parenting Plan (PPP, PPT, PP) Page 3of10
WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09 181, .187; 194
'4
y
3. 7
2
The residential schedule for the child for the holidays listed below is as follows:
3
With Petrtroner
(Specify Year
Odd/Even/Every)
With Respondent
(Specify Year
Odd/Even/Every)
5
New Year's Day
Martin Luther King Day
Presidents' Day
Easter
Memorial Day
July 4th
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day
6
7
8
9
10
Every
See 3. 7 B below
See 3. 7 B below
See 3. 7 B below
See 3. 7 B below
Obt:> i ~
blfouJ
See 3. 7 B below
See 3. 7 B below
Even; See 3.70 below
See 3.3 above
See 3.3 above
~.rt
91 flt~
See 3 7 B below
Eve~ See 3.7 C
See 3.7 B below
See 3.7 B below
Odd, See 3.7 D below
See 3.3 above
See 3.3 above
'Lil
l),dJ}
Ul
V''~~
\-''
11
A
Holidays, which fall on a Friday or a Monday, shall include Saturday and Sunday;
8.
MLK, President's Day, Easter, Memorial Day, Labor Day and Veteran's Day shall
be taken by Mother unless Father is able to travel to North Carolina. If he is
able to travel to North Carolina, Father may have first choice of any THREE of
those holidays;
fliAJ'
C.. lfNJl
12
13
14
Et1tJ \"'
15
C.
"'b
1 jrVW
Father may have EVEEt't' July 4th Holiday, to be taken m Washington and
at his
own expense;
16
D.
Thanksqrvrnq Holiday shall begin the day school lets out until the day before
school resumes; &
Father shall give mother at least 30 days' notice prior to any travel to Nort
Carolina; &
f'.
f\'lo~r
17
18
19
20
21
22
23
24
3.8
is~~~
{t>Otfo
b~ ~'SM~.<.
l}
zors .
'
The residential schedule for the child for the following special occasions (for exJ~P~
birthdays) rs as follows
With Petitroner
With Respondent
(Specify Year
(Specify Year
Odd/Even/Every)
Odd/Even/Every)
Mother's Day
Father's Day
Every
Birthdays
Every
A. Father shall have every Father's Day weekend for so long as he travels to North
B. The child's birthday shall be celebrated with Mom, as it falls annually during her
Winter Break (see paragraph 3.3 above); &
3.9
8
Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1 and 3.2, m the following order:
9
Rank the order of priority, with 1 being given the highest priority
10
1 winter vacation (3.3)
2 school breaks (3.4)
3 summer schedule (3.5)
4 vacation with parents (3.6)
5 holidays (3. 7)
6 special occasions (3 8)
11
12
13
14
3.10
15
Restrictions
Does not apply because there are no flm1tmg factors m paragraphs 2.1 or 2.2.
16
3.11
Transportation Arrangements
17
Transportation arrangementsfor the child between parents shall bf1ji{ollows.~
18
1.
19
20
21
a.
b.
c.
d
22
23
24
f ~,
2.
Spring Break:
Summer Break
Thanksgiving:
Christmas:
75o/;:
~other pays
Mother pays 75%
Mother pays 75%
Mother pays 75%
If for some unforeseen reason, the child cannot leave North Carolina for her time
with Father, Mother shall pay the same percentage for Father's flight to visit the
2
3
3.
Father shall pay 100% of his travel costs when visiting the child in North Carolina,
except for as provided in paragraph #2 above ..
4.
In all cases of vlsttatron herein, the parents shall reasonably work with one another to
accommodate the child's schedule for reasonable flight times between Washington
and North Carolina, while maximizing Father's time with his child.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
3.13 Other
1. Deviation from the Schedule:
2. Accommodations to this plan in regards to the other parent and/or the child must be
mutually agreed upon and done by way of writing (email with confirmed receipt or@)
certified mail). Changes and accommodation to visitation that facilitate the child's
schedule shall not constitute a violation of this plan or the basis to increase or
\
decrease the conditions set herein;
~\
A\<
3. "Travel Costs: The parents agree to work reasonably with one another to obtain the
least expensive flights, while not reducing Father's visitanon time and
accommodating the child's needs and mother's workmche
I
4. Consumption of Alcohol:
~11
s1:t11 nail consum
~
alcohol, wfule that parent rs
/,
l..
23
1
2
If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.
3
4
5
lf the move is outside the child's school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60
days before the intended move. If the relocating person could not have known about
the move in time to give 60 days' notice, that person must give notice within 5 days after
learning of the move. The notice must contain the information required in RCW
26.09.440. See also form DRPSCU 07 0500, (Notice of Intended Relocation of A
Child).
7
8
If the move rs within the same school district, the relocating person must provide actual
notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.
9
10
Notice may be delayed for 21 days 1f the relocating person is entering a domestic
violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health
and safety.
11
12
13
14
15
16
17
A relocating person may ask the court to waive any notice requirements that may put the
health and safety of a person or a child at risk.
Failure to give the required notice may be grounds for sanctions, including contempt.
If no objection is filed within 30 days after service of the notice of intended
relocation, the relocation will be permitted and the proposed revised residential
schedule may be confirmed.
A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice
18
19
20
21
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
with the child.
The relocating person shall not move the child during the time for Objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.
22
23
24
If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
there rs a clear, immediate and unreasonable risk to the health or safety of a person or a
child.
IV. DecisionMaking
2
4.1
Day-to-Day Decisions
3
Each parent shall make decisions regarding the day-to-day care and control of each
child while the child is residing with that parent. Regardless of the allocation of decision
making m this parenting plan, either parent may make emergency decisions affecting the
health or safety of the child.
4
5
6
4.2
Major Decisions
7
Major decisions regarding each child shall be made as follows:
8
Education decisions:
petitioner
Non-emergency health care petitioner
Religious upbringing:
petitioner
9
10
11
4.3
fo'fi,I
pw~
..,_,, ~u.cd
1 )
{l...i..r
cft.v
o {.,
.14ptMj{.S
12
Sole decision makmg shall be ordered to the petitioner for the following reasons:
13
f'
14
(a)
(b)
(c)
(d)
15
16
17
18
19
20
21
22
23
24
V. Dispute Resolution
The purpose of this dispute resolution process is to resolve disagreements about carrying out
this parenting plan. This dispute resolution process may, and under some local court rules or
the provisions of this plan must, be used before ftling a petition to modify the plan or a motion for
contempt for failing to follow the plan.
Disputes between the parties, other than child support disputes, shall be submitted to
Parenting Plan (PPP, PPT, PP) Page 8 of 10
WPF DR 01 0400 Mandatory (6/2008)- RCW 26 09.181, 187, 194
..,
1
(list person or agency):
2
Mediation by Pierce County Center for Dispute Resolution, with Mother being allowed to
appear by phone, if this box 1s checked and issues of domestic violence or child abuse
are present, then the court finds that the victim requested mediation, that mediation is
appropriate and that the victim is permitted to have a supporting person present during
the mediation proceedings. or
3
4
5
The cost of this process shall be allocated between the parties as follows:
6
50% petitioner 50% respondent.
7
The dispute resolution process shall be commenced by notifying the other party by
written request via certified mall.
10
In the dispute resolution process:
11
(a)
(b)
Unless an emergency exists, the parents shall use the designated process to
resolve disputes relating to implementation of the plan, except those related to
financial support.
(c)
(d)
If the court finds that a parent has used or frustrated the dispute resolution
process without good reason, the court shall award attorneys' fees and financial
sanctions to the other parent.
(e)
The parties have the right of review from the dispute resolution process to the
superior court.
12
13
14
15
16
17
18
19
VI.
Other Provisions
20
I.
v' h
~- ~ tlM.Jrl. ~~tn
-M
f23
!YJ~
2,
3. ltt[k
\I"
\..~
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+e 0.'U ~
, ,/.
VM
f~ f;;o~fp:::e~i~Grttin
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0)
Skll
=~
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Q,
ix~
I.
'fl-lp1--1~'
.sJ..Arl tA'l-~ ~
)M-~
ol\.s SaAis ~~
il"-'
~Id
0 fl4-
pet-r-+t.
el
3 tvitll UM c(k ~{
187; 194
..
22909 4/4~2013
40~33
It rs ordered, adjudged and decreed that the parenting plan set forth above is adopted and
approved as an order of this court.
WARNING: Violation of residential provisions of this order with actual knowledge of its terms is
punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
9A.40.070(2). Violation of this order may subject a violator to arrest.
When mutual decision making is designated but cannot be achieved, the parties shall make a
good faith effort to resolve the issue through the dispute resolution proce .
7
8
9
L(.....__~_( _J """"""-?;
10
11
12
13
Eric
Berg I WSBA #28011
Attorn y for Peutroner
14
15
16
17
18
19
20
21
22
23
APR -12013
24
Parenting Plan (PPP, PPT, PP) Page 10of10
WPF DR 01 0400 Mandatory (6/2008) - RCW 26 09 181; .187, 194
I~
r 1 u 11r1n111mi1-~
~
02-3-02768-6
-- ------
40285928
ORMDO
04-03-13
3
4
FILED
DEPT. 2
JN OPcN
c6uRr
APR -12013
7
Superior Court of Washington
County of PIERCE
8
9
10
In re:
No. 02-3-02768-6
DEBORAH J DAHL
11
12
13
Order Re Modification/Adjustment
Of Custody Decree/Parenting
Plan/Residential Schedule
(ORMDD/ORDYMT}
Petitioner,
and
JAMES R. DAHL
Respondent.
14
15
I.
Basis
16
17
This order is based on a petition for an order modifying the pnor custody decree/parenting
plan/residential schedule/judgment establishing parentage and an agreement of the parties.
18
II. Findings
19
The Court Finds::
20
2.1
Jurisdiction
21
This court has jurisdiction over this proceeding for the reasons below
22
23
This court has exclusive continuing junsdrction. The court has previously made a child
custody, parenting plan, residential schedule, or visitation determination in this matter
and retains jurisdiction under RCW 26 27.211.
24
25
Ord re Mod/AdJof Parenting Pin (ORMDD, ORDYMT) - Page 1 of 4
WPF DRPSCU 07 0400 Mandatory (7/2011) - RCW 26 09.260, .270;
26.10.200
ORIGINAL
22909 4/4/2513
9Bti35
This state is the home state of the child because: the child lived in Washington with a
parent or a person acting as a parent for at least six consecutive months immediately
preceding the commencement of this proceeding.
3
Washington was the home state of the child within six months before the
commencement of this proceeding and the child is are absent from the state but a parent
or person acting as a parent continued to hve in this state.
4
5
The child and the parents or the child and at least one parent or person acting as a
parent have significant connection with the state other than mere physical, presence;
and substantial evidence rs available in this state concerning the child's care, protection,
training and personal relationships and the child has no home state elsewhere.
2.2
10
11
12
13
14
The following facts, supporting the requested modification, have arisen since the decree
or plan/schedule or were unknown to the court at the time of the decree or
plan/schedule:
15
16
Mother has taken a new job in North Carolina and father agrees that their
youngest daughter may move with her Mother based on the residennal schedule
negotiated by the parties, albeit the child's two older siblings (sisters) still reside
in Washington State.
17
18
19
2.3
20
21
2.4
22
23
24
2.5
25
Ord re Mod/Adj of Parentrng Pin {ORMDD, ORDYMT)- Page 2 of 4
WPF DRPSCU 07.0400 Mandatory (7/2011) - RCW 26 09 260; .270,
2610 200
1
This section only applies to a person with whom the child does not reside a
majority of the time who is seeking to increase residential time.
2
3
2.6
4
The following non-residential aspects of the parentrng plan/residential schedule should
be adjusted because there rs a substantial change of circumstances of either party or of
the child and the adjustment rs in the best interest of the child:
5
6
Decision making.
7
Transportation arrangements.
8
9
2.7
10
11
The following substantial change has occurred in the circumstances of either party or of
the child:
12
13
Mother has taken a new job m North Carolina and father agrees that the child may move
with her mother based on the residential schedule negotiated by the parties, without a
deviation for his cost of travel or other costs and/or changes to the pnor Order of Child
Support filed on March 26, 2004.
14
15
2.8
Protection Order
16
Does not apply
17
18
19
20
21
22
111. ORDER
It is Ordered:
The pennon to modify/adjust the custody decree or parenting plan/residential schedule is
granted. The custody decree or parenting plan/residential schedule signed by the court
on this date and filed herewith is approved and incorporated as part of this order. This
decree or parenting plan/residential schedule supersedes all previous decrees or
parenting plans/residential schedules.
23
24
25
Ord re Mod/AdJ of Parenting Pin (ORMDD, ORDYMT) - Page 3 of 4
WPF DRPSCU 07.0400 Mandatory (7/2011) - RCW 26 09.260; 270,
26.10.200
.
1
2
Other:
Pierce County Superior Court shall retain jurisdiction over this matter until the child
reaches the age of rnajonty and/or is no longer m need of support (including
post-secondary support).
4
5
6
7
Dated:~_l-f_._f.___,I
8
9
Pr:esented by:
11
En V. Berg
Date
Sig ature of Party or LawyerNVSBA No.
Atto ney for Petitioner
12
13
14
15
Date
16
17
f\t.EO
o~fi1.
18
,buRi
\N oPr:.N C
19
~?R -11\ln
20
21
22
23
24
25
Ord re Mod/AdJ of Parenting Pin (ORMDD, ORDYMT)- Page 4 of 4
WPF DRPSCU 07 0400 Mandatory (7/2011) - RCW 26 09.260; .270,
2610 200
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
June 04 2014 11:13 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
SuperiorCourt of Washington
County of Pierce
Inre:
No. 02-3-02768-6
DEBORAH J. DAHL,
10
11
and
12
JAMES R. DAHL,
(SM)
Petitioner,
Respondent.
13
14
15
To:
1.
An action has been started against you in the above court requesting that the court modify the
child support provisions of your support order. The requests are stated in the petition, a copy
of which is served upon you with this summons.
2.
You must respond to this summons and petition by filing a written response with the clerk of
the court and by serving a copy of your response on the person signing this summons. You
must also complete the Washington Child Support Schedule Worksheet and a Financial
Declaration (Form WPF DRPSCU 01.1550) served with this summons. The completed
worksheet and financial declaration must be filed and served with your written response.
3.
Your written response to the summons and petition must be on form WPF DRPSCU 06.0300,
Response to Petition for Modification of Child Support (RSP). This form may be obtained
by contacting the clerk of the court at the address below, by contacting the Administrative
Office of the Courts at (360) 705-5328, or from the Internet at the Washington State Courts
homepage:
16
17
18
19
20
21
22
http://www.courts.wa.gov/forms
23
24
25
4.
If you do not file and serve your written response within 20 days (60 days if you are served
outside of the state of Washington) after the date this summons was served on you, exclusive
of the date of service, the court may, without further notice to you, enter a default judgment
against you ordering the relief requested in the petition. If you serve a notice of appearance
on the undersigned person, you are entitled to notice before an order of default may be
entered.
5.
You may demand that the other party file this action with the court. If you do so, the demand
must be in writing and must be served upon the person signing this summons. Within 14
days after you serve the demand, the other party must file this action with the court, or the
service of this summons and petition will be void.
6.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that
your written response, if any, may be served on time. Copies of these papers have not been
served upon your attorney.
7.
One method of serving your written response, completed worksheet and financial declaration
is to send them by certified mail with return receipt requested.
2
3
4
5
6
7
8
9
10
11
12
Dated:
d<AM! 'f,
~O/"f
13
14
15
16
17
18
19
20
21
22
23
24
25
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
June 10 2014 3:57 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
SuperiorCourt of Washington
County of Pierce
Inre:
No. 02-3-02768-6
DEBORAH J. DAHL,
10
11
and
12
JAMES R. DAHL,
(SM)
Petitioner,
Respondent.
13
14
15
To:
1.
An action has been started against you in the above court requesting that the court modify the
child support provisions of your support order. The requests are stated in the petition, a copy
of which is served upon you with this summons.
2.
You must respond to this summons and petition by filing a written response with the clerk of
the court and by serving a copy of your response on the person signing this summons. You
must also complete the Washington Child Support Schedule Worksheet and a Financial
Declaration (Form WPF DRPSCU 01.1550) served with this summons. The completed
worksheet and financial declaration must be filed and served with your written response.
3.
Your written response to the summons and petition must be on form WPF DRPSCU 06.0300,
Response to Petition for Modification of Child Support (RSP). This form may be obtained
by contacting the clerk of the court at the address below, by contacting the Administrative
Office of the Courts at (360) 705-5328, or from the Internet at the Washington State Courts
homepage:
16
17
18
19
20
21
22
http://www.courts.wa.gov/forms
23
24
25
4.
If you do not file and serve your written response within 20 days (60 days if you are served
outside of the state of Washington) after the date this summons was served on you, exclusive
of the date of service, the court may, without further notice to you, enter a default judgment
against you ordering the relief requested in the petition. If you serve a notice of appearance
on the undersigned person, you are entitled to notice before an order of default may be
entered.
5.
You may demand that the other party file this action with the court. If you do so, the demand
must be in writing and must be served upon the person signing this summons. Within 14
days after you serve the demand, the other party must file this action with the court, or the
service of this summons and petition will be void.
6.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that
your written response, if any, may be served on time. Copies of these papers have not been
served upon your attorney.
7.
One method of serving your written response, completed worksheet and financial declaration
is to send them by certified mail with return receipt requested.
2
3
4
5
6
7
8
9
10
11
12
Dated:
d<AM! 'f,
~O/"f
13
14
15
16
17
18
19
20
21
22
23
24
25
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
June 10 2014 3:57 PM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
In re:
No. 02-3-02768-6
DEBORAH J. DAHL,
10
Petitioner,
and
11
JAMES R. DAHL,
12
Res ondent.
13
I. Basis
14
1.1
Place of Residence
16
17
18
1.2
19
This court has jurisdiction over the parents for the reasons that follow.
20
21
22
[X]
1.3
23
24
25
1
2
The order requires JAMES R. DAHL to pay $928.12 per month for the support of the
following children:
1.4
6
7
[]
The DSHS commenced this action under RCW 26.09.170(8), or RCW 26.09.170(9)
and/or RCW 26.09.175(3) and:
[]
Public assistance money is being paid to or for the benefit of a child; or
[]
A party to the order in a nonassistance case requested a review; or
[]
Another state or jurisdiction requested a modification of the order.
OR
8
9
10
AND, the order of child support should be modified for the following reasons:
11
[X]
12
13
There has been the following substantial change of circumstances since the order was
entered (explain):
15
The child for whom the support continues to be required, Elizabeth Dahl, is now in an older age
category. Support is required, at this time, for only one of the three children for which it was
originally required. The income of the parties has changed from the date of the last support
order. No change, review or modification of the support in this matter has been accomplished
since March of 2004.
16
[]
No post-secondary support was ordered and the right to request post-secondary child
support was not reserved. (Name of child)
is in need of
post secondary educational support because the child is in fact dependent and is relying
upon the parents for the reasonable necessities of life and there has been the following
substantial change of circumstances since the order was entered (explain):
[X]
14
17
18
19
20
21
22
23
24
25
Johns Hopkins University in Baltimore. The child's eligibility to attend the Johns
Hopkins forum required her previous attendance at the University of North Carolina
event. The child wishes and is qualified to pursue academic education after high
school graduation.
2
3
[]
4
Whether or not there is a substantial change of circumstances, the previous order was
entered more than a year ago and:
[]
[]
[]
[]
8
[]
Other:
10
1.5
11
The starting date of the modified child support order should be the date on which this
petition is filed.
12
1.6
13
1.6.1 Petitioner asks the Court to establish a judgment for unpaid and delinquent child
support from the previously entered child support order of March 26, 2004 through June 1, 2014.
Other
14
1.6.2 Unpaid and delinquent child support totals $89,081.32.
15
16
1.6.3 Interest on unpaid child support totals $52,307.86, which includes the sum of
$7,298.09 as interest upon the judgment for unpaid child support of $6,031.48, which judgment is
included in the order of child support filed March 26, 2004.
17
18
19
20
[x]
21
22
[x]
requiring either or both parents to maintain or provide medical support consistent with
RCW 26.09.105, including but not limited to health insurance coverage for the child(ren), and
by requiring each parent to contribute his or her proportionate share of uninsured medical
expenses.
ordering child support payments which are based upon the Washington State child support
statutes. A copy of the child support worksheet is filed with this action.
23
24
25
Pet for Mod of Child Suppt (PTMD) - Page 3
WPF DRPSCU 06.0100 Mandatory (6/2010) - RCW 26.09.170; .175
[]
[x]
2
3
[]
[x]
[]
5
6
7
8
9
[X]
[]
[]
[]
[]
[]
[x]
[X]
ordering repayment or credit for overpaid child support since the date of filing this petition.
ordering payment of underpaid child support since the date of filing this petition or entering
judgment in that amount.
requiring a periodic adjustment of support.
extending child support beyond Elizabeth Dahl's 18th birthday to allow the child to complete
high school.
extending child support beyond (name of child)
's
18th birthday until (he) (she) is no longer dependent upon either or both parents and is capable
of self-support.
allowing for post secondary educational support for Elizabeth Dahl.
ordering the payment of day care.
ordering the payment of educational expenses.
ordering the payment of long distance transportation expenses.
ordering the payment of uninsured medical expenses.
awarding the tax exemption for the child(ren) as follows:
ordering the payment of attorney fees and costs.
other: Establishing a judgment for unpaid child support in the amount of $89,081.32, plus
interest on unpaid support in the amount of L').:,.t-itt'-f--il.;.t:i
10
11
12
13
14
15
Dated:
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true
and correct.
Signed at Salem, North Carolina, this __ day of May, 2014.
16
17
18
19
20
21
22
23
24
25
.175
Fax Server
1
2.
AM
PAGE
3/003
[]
ordering repnymenr or credit for overpaid child support since the date of filing this petition.
(x]
ordering payment of underpaid child support since the date of filing this petition or entering
. . ~ ....
[]
3
[x]
[]
5
[X]
[1
[]
[]
[]
[]
[x]
9
5/30/2014 11:31:02
[X]
10
judgmerit
in.that.arn().l 11~~ .
11
Dated:
12
13
_
THOMAS A. CENA, JR., WSBA NO. 6539
Attorney for Petitioner
14
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true
and correct.
15
16
17
18
~~ltoM
J.
Petitioner
DEBORAH
D,
19
20
21
22
23
24
THOMAS A. CENA,
Attorney at La
25
Pet for Mad of Chlld Suppt (PTMD} - Page 4
WPF DRPSCU 06.0100 Mandatory (6/201 O} - RCW 26.09.170; .175
2
3
4
5
6
7
SuperiorCourt of Washington
Countyof Pierce
Inre:
No. 02-3-02768-6
DEBORAH J. DAHL,
AFFIDAVIT OF ATTORNEY
RE FAX TRANSMITTAL
10
Petitioner,
11
and
12
JAMES R. DAHL,
13
Respondent.
14
STATE OF WASHINGTON)
15
SS.
County of Pierce
16
THOMAS A. CENA, JR., being first duly sworn on oath, deposes and says:
17
18
19
matter.
20
21
22
That I have examined the attached Petition for Modification of Child Support,
23
24
25
Affidavit - 1
3
4
5
6
v&~~~
8
9
10
11
Tacoma.
My Commission Expires:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Affidavit
-2
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 02 2014 8:46 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s),
NOTE FOR COMMISSIONER'S CALENDAR
vs.
JAMES R DAHL
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO:
Name: SANDRA E. JOHNSTON
Address: 705 S 9TH STE 104 TACOMA, WA 98405
Please take notice that an issue of law in this case will be heard on the date and time shown below:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Show Cause
Nature of Hearing: Child Support
DATED:
October 2, 2014.
Signed:
NAME:
Phone:
(253) 572-5120
WSBA#:
For:
6539
Attorney for Plaintiff/Petitioner
1 of 1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
June 12 2014 3:33 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
Plaintiff/Petitioner
.J \:\ff~ I~.
uvru,
Oefendant/Respondent
The undersigned. hereby declares under penalty of perjury under the laws of the State of Washington. that the
following is true and correct: I am now, and at all times herein mentioned. a citizen of the United States and a
resident of the State of Washington, over the age of eighteen years. not a party to or have an interest in the above
entitled action and competent to be a witness.
Personal Service
On the date .JUNE 7n. 201~ at I l:-'8Pl\1. at the address of215 CO~TRA COSTA. City of FIRCREST.
WA Ii INGTON 98466 I duly served the above described documents upon .JA '\1 F.~ OAH Lb) then and there
personally delivering ONI<. true and correct copy thereof and leaving same with .IA' l\r .JUELl'\IG - MOTHF.R
Service.
1 ravel.
Bad Address:
Proof.
Other
. TOTAL$
.___ _.I
l nps b}
.___ _.I
Miles
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
Superior Court of Washington
County of PIERCE
8
9
10
DEBORAH J. DAHL
11
12
13
Petitioner,
and
JAMES R. DAHL
Respondent.
14
15
1.
16
17
Acceptance of Service
(ACSR)
Acceptance of Service
James Dahl accepts service of the summons and petition in this action.
2.
18
James Dahl consents to personal jurisdiction.
19
3.
Other
20
The Summons (without the Petition) was originally served on Respondent's 88 year old
mother; however, Respondent has now actually received both the Summons and
Petition filed in this matter and r by accepts s
ce thereof.
21
22
23
24
Dated:
25
Acceptance of Service (ACSR) - Page 1 of i
WPF DRPSCU 01.0310 (6/2006)
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
Superior Court of Washington
County of PIERCE
8
9
10
In re:
No. 02-3-02768-6
DEBORAH J. DAHL
11
12
13
Petitioner,
and
JAMES R. DAHL
Respondent.
14
15
To:
Deborah Dahl
1.
Admissionsand Denials
16
17
18
The allegations of the Petition in this matter are admitted or denied as follows (check
only one for each paragraph):
19
20
1.1
Denied
1.2
Admitted
1.3
Denied
1.4
Denied
1.5
Denied
1.6
Denied
Each allegation of the petition that is denied, is denied for the following reasons [List
separately]:
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22
23
24
1.1
25
Resp to Pet for Mod of Child Suppt (RSP) - Page 1 of 3
WPF DRPSCU 06.0300 Mandatory (6/2008) - CR 8; RCW 26.09.175
1
1.3
2
3
4
Additionally there was a $400 obligation included therein for daycare costs that
were not incurred for the last 7 years. Father's obligation was listed as 37.4 %
for each child. Over the years, Father paid over the amount outlined in the
order. Instead of paying his percentage for each child, he divided the total
(which included an extra $400 for daycare that was not being used) by three.
He has paid over the amount that he was ordered to pay monthly for each child.
5
6
7
8
The most recent order entered on 03/26/04 orders that the following amounts are
the basic support for each child:
Amanda
$790
Sarah
$639
Elizabeth
$639
1.4
10
11
Elizabeth Dahl is not a dependent adult. The young woman has outstanding
scholastic achievement, as evidenced in the Petitioner's own statement in her
Petition that her daughter is already attending leadership forums in medicine at
UNC in Chapel Hill and Johns Hopkins in Baltimore. There is no expectation
that such a gifted child will need to remain living in her mother's home in North
Carolina, while attending a University in Baltimore or elsewhere. The older two
children were not given an order of support for postsecondary education.
Respondent does not object to paying child support up until his daughter finishes
high school in May 2015 (this year the school year was prolonged for snow
days); however, there is no basis to continue child support past Elizabeth's high
school graduation.
12
13
14
15
16
17
1.5
1.6
18
19
20
21
22
23
24
25
Petitioner filed a Petition to Modify Child Support in 2007, but it only addressed
post-secondary support for Amanda and was not pursued. The next filing was
the October 2012 Notice of Relocation, to which Respondent objected. On April
1, 2013, approximately one year ago, that matter was resolved with an agreed
Order re Modification/Adjustment of Custody Decree at a settlement conference
with Judge Stolz. That mediation process resulted in no change to child
Resp to Pet for Mod of Child Suppt (RSP) - Page 2 of 3
WPF DRPSCU 06.0300 Mandatory (6/2008) - CR 8; RCW 26.09.175
FamllySoftFonnPAK 2014
support. Respondent took the amount of his child support into consideration
when the cost of his travel to see his daughter was applied.
The Court should not allow Petitioner to come back now for a third bite at the
litigation apple and seek arrearages for support that were effectively considered
and waived over a year ago. This requested relief should be denied based on
the prior order and/or the equitable theory of laches.
3
4
5
2.
Affirming the current payment amount of child support of $309.38, which is the same
amount that the Respondent was paying at the time of the entry of the last Court order.
8
Allowing the last monthly payment of child support to end in May 2015.
9
Entering a post-secondary support obligation to Respondent for 1/3 of the cost of tuition,
after all scholarship and grant money is applied.
10
11
12
And finally, bar the Petitioner's new attorney, Thomas A. Cena, Jr., from representing
her. Attorney Cena is business partners with Respondent's former attorney for this
matter herein, Scott Candoo. Mr. Cena affirmed that Scott Candoo told him that he
had represented Mr. Dahl in this very same matter. Respondent strongly objects to
Attorney Cena representing a party adverse to his interests.
13
14
15
16
17
18
3.
Dated:_}.......__
_3_,
_\,,~----
19
20
Notice to party: you may list an address that is not
your residential address where you agree to accept
legal documents. Any time this address changes
while this action is pending, you must notify the
opposing parties in writing and file an updated
Confidential Information Form (WPF DRPSCU
09.0200) with the court clerk.
21
22
23
24
705 S. 9th Street, Suite #104
Tacoma, WA 98405
25
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
July 14 2014 2:34 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J. DAHL,
Petitioner,
)
)
) NO. 02-3-02768-6
)
VS.
)
)
JAMES R. DAHL,
Respondent.
)
)
~~~~~~~~~~~~~~~.)
To: Sandra Johnston, attorney for respondent
To: Clerk of the Superior Court
You and each of you are hereby notified that the undersigned, Eric V. Berg, hereby
withdraws as attorney for the petitioner, Deborah J. Dahl in the above-captioned action and
consents to the substitution of Thomas A. Cena, Jr. as attorney for petitioner. By his signature
below Mr. Cena accepts said substitution. This withdrawal is effective immediately.
July 11, 2014
{7y3
Eric V. Berg, WSBA~..__--~~~.uasA. ena, r., WSBA No. 6539
P.O. Box 949, Olalla, WA 98359
3929 Bridgeport Way W, #304
253-851-9619
University Place, WA 98466
253-572-5120
NOTICE OF WITHDRAW AL
Page 1of1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
August 13 2014 2:04 PM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
8
NO. 02-3-02768-6
DEBORAH J. DAHL,
NOTICE OF ABSENCE &
10
Petitioner,
11
12
13
UNAVAILABILITY
and
JAMES R. DAHL,
Respondent
To:
And To:
14
You and each of you will please take notice that Attorney Sandra E. Johnston will be
15
unavailable during the following dates and requests that during this time no pleadings or notices be
16
served either upon her or appearances be scheduled, which requires her or the client's attention
17
either in person, by pleading. Because Ms. Johnston is a sole practitioner, she also requests that no
action requiring her attention be initially noted or calendaredfor 2 days immediately following
18
19
20
21
her absence to allow adequate preparation and time to contact her client/s.
1.
during her absence. Terms and sanctions will be requested should any matter requiring her attention
or attendance be scheduled as noted above in order for the client/s to obtain the services of substitute
22
23
24
counsel to review the file, appear, file pleadings, and resist such matters as necessary, including the
request for a motion to continue.
Dated this 13th day of August, 2014.
25
, WSBA #27313
NOTICE OF ABSENCE &
UNAVAILABILITY
Page 1of1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 03 2014 8:30 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.
JAMES R DAHL
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO OPPOSING PARTY:
Name: THOMAS ANTHONY CENA JR
Address: 3929 Bridgeport Way W #304 UNIVERSITY PLACE, WA 98466
U
Please take notice that the undersigned will bring on for hearing a motion for:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion
Nature of Hearing: Dismiss, Other REMOVE COUNSEL, PROTECT FINANCIAL DATA FROM
COUNSEL, & AWARD FEES
PARTY SETTING HEARING SHALL CONFIRM BY NOON TWO COURT DAYS PRIOR TO HEARING
Submitted by:
DATED:
November 1, 2014.
Signed:
NAME:
SANDRA E. JOHNSTON
Phone:
(253) 272-0566
WSBA#:
For:
27313
1 of 1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 02 2014 8:46 AM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
8
In re:
9
No. 02-3-02768-6
DEBORAH J. DAHL,
10
11
12
Petitioner,
and
DECLARATION
J. DAHL
OF
DEBORAH
JAMES R. DAHL,
Respondent.
13
14
I, DEBORAH J. DAHL, do hereby certify and declare, under penalty of perjury, under
15
the laws of the State of Washington, that the following statements are true and correct, to the
16
17
18
19
will be 18 years old on January 1, 2015. Her date of birth is January 1, 1997. At that time
20
21
she will still be in high school, a senior. I am also asking for the court to order Elizabeth's
father, James Dahl, to be responsible for post-secondary support for Elizabeth while she is
22
attending college.
23
24
25
Declaration of Deborah Dahl -1
2. I am specifically asking for an order of support for Elizabeth, not only for her tuition
2
and college expenses but for her living expenses at school plus an amount to be paid to me
directly because Elizabeth will continue to live with me when not at school. She is a
4
5
dependent child and will be a dependent adult when she turns 18. She has and will have no
income and will be completely dependent on me for her expenses. Her expenses will include
(but not be limited to) room, board, clothing, health care, transportation, tuition, books,
7
college fees, and personal items It would be difficult for her to work and at the same time
8
attend to her post high school education. Elizabeth intends to study for a career in medicine.
9
10
11
Mr. Dahl, in his response to our petition, comments that post-secondary support was
not ordered for our two younger daughters. Amanda, our oldest, did not pursue education
12
after high school. Our second daughter, Sarah, did. However, Mr. Dahl asked me not to
13
formally petition for post-secondary support for Sarah. He did not want his employer to find
14
out about his child support obligation. I am not sure why that was.
15
16
Science, French and Pre-Calculus. She maintains an overall grade point average of 3.6 to 3.7.
17
She attended, in the summer of 2013, a 10-day youth leadership forum in medicine at the
18
University of North Carolina at Chapel Hill. In summer, 2014, she attended a national youth
19
attend the Johns Hopkins forum required her previous attendance at the University of North
21
22
23
Carolina event. Elizabeth wishes and is well qualified to pursue academic education after high
school graduation.
24
25
Declaration of Deborah Dahl -2
3
4
5
6
7
4.
The Child Support Order in effect now was entered March 26, 2014. It has never been
modified. A principle reason for my not attempting until now to modify the child support
order has been that I knew that any attempt would be met with the most intense resistance from
my ex-husband. Since I knew that Mr. Dahl would interpose as many obstacles and objections
that he could bring about to modifying support, I have refrained from asking for an increase
9
until the present time. I have, however, never waived any claim which may exist to modify
10
that support order or to request a judgment for unpaid and delinquent support. All sums
11
12
received by me from Mr. Dahl were received from him (and as often as not, by him giving the
13
check to one of the children to give to me), not from the Washington Support Registry. I have
14
kept records of the amounts of support actually received from my ex-husband. Those amounts
15
are submitted along with this declaration. Although not paid through the support registry, I am
16
willing to give Mr. Dahl credit for the amounts that he has paid. But he has underpaid his
17
support obligation to a great and significant extent and I request judgment for amounts owed.
18
19
5. The 2004 order of support requires Mr. Dahl to pay the sum of 928.12 per month.
20
21
22
23
24
25
Declaration of Deborah Dahl -3
Although, at the time it was entered, the support order applied to our three children, Amanda,
2
Sarah, Elizabeth, the order does not break down or itemize support obligations among the
three children (Specific amounts for total support for each of the girls is set out in the
worksheets as is an amount of $400 per month for daycare). The support order itself has no
reference to daycare and simply states a specific "total" amount for the three children. I am
completely unable to make sense of the statement Mr. Dahl puts in his response to the extent
7
that" ... he divided the total (which included an extra $400.00 for daycare that wasn't being
8
9
10
11
there should no modification of child support "based on the recently agreed relocation
12
modification." I did not mention the issue of support in the process of the relocation action.
13
Mr. Dahl also did not address the issue of support. I never intended to waive or give up any
14
claim or opportunity to address support modification or seeking judgment for back unpaid
15
support. I also realize and acknowledge that any modification of support can, at the earliest,
16
17
only begin with the date of my filing the current support modification petition.
The
relocation issue was settled at a settlement conference with Judge Stolz. The issue of support
18
7. It is hard for me to make sense of the statement of Mr. Dahl (paragraph 1.6) that
20
"There are no prior outstanding amounts owed to Petitioner." The simple arithmetic of the
21
22
23
situation is that the 2004 order requires the Respondent to pay a total of $113,230.64 from
the time of the order to the time of filing. Mr. Dahl has paid a total of $30, 180.80. This
24
25
Declaration of Deborah Dahl -4
leaves the amount of unpaid support $83,049.84. My record of payment is attached to this
2
declaration as Exhibit 2.
myself to do anything but for him to follow the terms of the 2004 order. He simply has not
4
5
paid all the support he has been ordered to pay and has not ever asked to change the amount
he is responsible to pay.1
8. I absolutely did not "accept" the amounts paid by Mr. Dahl on a regular basis without
notice that those payments were not an agreed upon amount. There are indeed outstanding
9
amounts of child support owed by Mr. Dahl. When we did communicate with regard to
10
11
12
support, his comments were such as "I will make up the difference next month;" or "I will
pay you when I get my tax return;" or some other similar comment. Mr. Dahl requested that
13
I not use the child support registry and that he would give me the "rest of the support" which,
14
15
There were definite communications between he and I any time I received from him
16
17
support that was not in the full amount. That is probably the reason that often he gave a
18
check in an envelope to the children to give to me, so as to avoid this sort of conversation.
19
20
1
21
22
23
Although our original petition requests payment for the $6,031.48 judgment for unpaid support from the 2004
order, that obligation has been satisfied. In reviewing the court file, a satisfaction of judgment in the amount of
$6,552.10 was filed on September 4, 2012. That amount was received because it was a judgment and needed to
be paid out of escrow in a real estate transaction that Mr. Dahl was attempting. This judgment satisfaction was
to satisfy unpaid support from 2002 until March, 2004, during the time that our divorce proceeding was
pending.
24
25
Declaration of Deborah Dahl -5
There was indeed notice to Mr. Dahl with regard to support payments being deficient and
2
I certainly accepted what he paid because it was better than getting nothing on many
5
6
7
occasions. His comments were such as "that is all I have right now and I will make it up to
you."
9. I have requested judgment for interest on the unpaid support in the amount of
$52,307.86. This is calculated on the amounts owed subsequent to the entry of the 2004
Order. No claim is included for interest on the judgment amount form that order of
10
$6031.48. As stated in paragraph 7, (footnote 1) this amount has been satisfied. I have
11
12
calculated interest ascertaining the amount of unpaid support for each year and calculating
interest from the end of that year to the time of filing. The interest calculation is therefore
13
Signed this __
15
16
17
18
19
20
21
22
23
24
25
Declaration of Deborah Dahl -6
THOMAS A. CENA, JR
Attorney at La
3929 Bridgeport Way West, #304
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-4503
E-MAIL: [email protected]
Fax Server
9/12/2014
2:38:57 PM
PAGE
3/003
There was indeed notice to Mr. Dahl with regard to support payments being deficient and
2
l certainly accepted what he paid because it was better than getting nothing on many
5
6
occasions. His comments were such as "lhat is nil I have right now and l will make it up to
you."
9. I have requested judgment for interest on the unpaid support in the amount of
$52,307.86. This is calculated on the amounts owed subsequent to the entry of the 2004
Order.
10
$6031.48.
II
12
lJ
calculated interest ascertaining the amount of unpaid support for each year and calculating
interest from the end of that year to the time of filing, The interest calculation is therefore
slightly in favor of Mr. Dahl.
14
1s
011
Signed this
16
17
&JLL~j_Af . .
JR
-----. - - ---
19
20
21
22
23
24
25
Declaration of Deborah Dahl 6
I
L"Ji!!!!iii!~"'c s ma
-~>is!t'!Wl'i!fe/1!!'i!_.,JI
2
3
4
5
6
1
SuperiorCourt of Washington
Countyof Pierce
In re:
No. 02-3-02768-6
DEBORAH J. DAHL,
AFFIDAVIT OF ATTORNEY
RE FAX TRANSMITTAL
10
Petitioner,
11
and
12
JAMES R. DAHL,
13
Respondent.
14
STATE OF WASHINGTON)
15
16
SS.
County of Pierce
THOMAS A. CENA, JR., being first duly sworn on oath, deposes and says:
17
18
19
matter. That I have examined the attached Declaration of Deborah J. Dahl, which is
20
21
22
23
24
25
Affidavit - 1
THOMAS A. CENA, JR
Attorney at La
3929 Bridgeport Way West, #30
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-4503
E-MAIL: [email protected]
3
4
5
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~XHIBIT_/~~
ParentsiGuardians
of
Elizabeth Dahl
. 4907 Tiffany Av
vyif1ston-Salem,
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Principal: Ed V Weiss
N.C27104 .
. -~~_l!rs!.Jltle _;~~-1.!Q~!!uctor__.
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Member Certificate
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Name
President
Date
JY1faa ~
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Date 2004 Amt. 2004 Date 2005 Amt. 2005 Date 2006 Amt. 2006 Date 2007 Amt. 2007 Date 2008
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200
Mar-06
450
Feb-07
928
Jan-08
8/20/2004
400
Apr-06
928
Mar-07
928
Feb-08
Apr-07
928
Mar-08
928
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1-May
900
Jun-06
600 6/1/2007
Jun-06
300
Jun-07
Aug-06
400
Jun-07
Sep-06
Sep-06
Oct-06
Oct-06
Nov-06
Dec-06
620 10/1/2008
620
Oct-08
620 11/2008 (f1
Amt. 2008 Date 2009 Amt. 2009 Date 2010 Amt. 2010 Date 2011 Amt. 2011 Date 2012 Amt. 2012
620 1/1/2009 (
Unknown
620
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400
Jan-11
400
Feb-12
400
2/2009 (Io:
620
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500
Apr-11
400
Aug-12
400
620
Aug-10
400
Aug-11
600
Oct-12
400
620 5/1/2009 (
620
Nov-10
300
Sep-12
400
620
Nov-10
300
Dec-12
400
620
630
Sep-09
620
725
620
EXHIBIT___
i-o
EXHIBIT
2,__
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 02 2014 8:47 AM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
4
5
6
8
9
10
11
In re
COUNTY OF PIERCE
NO. 02-3-02768-6
FINANCIAL DECLARATION
DEBORAH DAHL
Petitioner,
and
[ X] PETITIONER
] RESPONDENT
JAMES DAHL
Respondent.
12
(FNDCLR)
13
14
15
$4,968.46
$4,549.90
$728.00
$5,277.90
17
Estimate of the other party's gross monthly income (from 3.1 g below) [ X]
18
[ l
$4,719.00
unknown
18
] No
21
a. If yes: (1) Where do you work
22
23
24
25
January 2013
26
FINANCIAL DECLARATION
RCW 26.18.220 (1)
LAW OFFICE OF
Thomas A. Cena, Jr.
3929 Bridgeport Way W., #304
University Place, WA 98466
(253) 572-5120
If child support is at issue, complete the Washington State Child Support Worksheets, skip paragraphs
3.1 and 3.2. If maintenance, fees, costs or debts are at issue and child support is NOT an issue this
entire section should be completed. (Estimate of other party's income information is optional.)
3.1
6
7
8
9
10
11
a.
b.
c.
d.
e.
f.
g.
12
15
d NC Withholding
16
e. Fed OASDI/EE
f. Mandatory Retirement Contributions
g. Voluntary Retirerrent Contributions
17
18
19
Petitioner
$7,583.33
$0.00
$0.00
$0.00
$0.00
$0.00
$7,583.33
Respondent
$0.00
$0.00
$0.00
$0.00
$0.00
$4,719.00
$4,719.00
$0.00
$0.00
$1,318.76
$0.00
$105.31
$361.00
$450.30
$152.00
$227.50
$622.92
$361.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,614.87
$983.92
$4,968.46
$3,735.08
$0.00
$0.00
$0.00
$0.00
\\
\\
\\
\\
25
\\
\\
26
c. Total Miscellaneous Income (add lines 3.4a thorugh 3.4b)
FINANCIAL DECLARATION 2
RCW 26.18.220 (1)
LAW OFFICE OF
Thomas A. Cena, Jr.
3929 Bridgeport Way W., #304
University Place, WA 98466
(253) 572-5120
$0.00
$0.00
$150.00
$0.00
$10,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
4
IV. AVAILABLE ASSETS
5
4.1
Cash on hand
8
9
10
11 5.1
12
13
HOUSING
Rent, 1st mortgage or contract payments
Installment payments for other mortgages or encumbrances
Taxes and insurance (if not in monthly payment)
Total Housing
14 5.2 UTILITIES
Heat (gas and oil)
15
Electricity
Water,
sewer, garbage
16
Telephone
17
Cable
Other
18
Total Utilities
19
5.3 FOOD AND SUPPLIES
Food for 2 people
20
Supplies (paper, tobacco, pets)
21
Meals eaten out
Other
22
Total Food and Supplies
23
5.4 CHILDREN
Day Care/Babysitting
24
Clothing
25
Tuition (if any)
other child related expenses
26
Total Expenses Children
FINANCIAL DECLARATION 3
RCW 26.18.220 (1)
$700.00
$0.00
$269.77
$969.77
$103.00
$100.00
$83.00
$119.00
$95.00
$46.71
$546.71
$600.00
$75.00
$300.00
$0.00
$975.00
$0.00
$150.00
$281.00
$0.00
$431.00
LAW OFFICE OF
Thomas A. Cena, Jr.
3929 Bridgeport Way W., #304
University Place, WA 98466
(253) 572-5120
5.5 TRANSPORTATION
Vehicle payments or leases
Vehicle insurance and license
3
Vehicle gas, oil, ordinary maintenance
Parking
4
Other transportation expenses
5
Total Transportation
2
$0.00
$147.74
$500.00
$40.00
$0.00
$687.74
$249.00
$42.00
$0.00
$291.00
Clothing
Hair care/personal care expenses
Clubs and recreation
Education
Books, newspapers, magazines, photos
10
11
12
$150.00
$50.00
$200.00
$0.00
$70.00
$100.00
Gifts
Other
Total Personal Expenses
13
14
15 5.8
$50.00
$620.00
MISCELLANEOUS EXPENSES
Life insurance (if not deducted from income)
16
\\
17
\\
18
19
20
21
5.9 TOTAL HOUSEHOLD EXPENSES (the total of paragraphs 5.1 through 5.8)
Creditor
Description
Balance
Last payment
5.11 ADDITIONAL DEBTS AND MONTHLY EXPENSES NOT INCLUDED IN 5.1 THROUGH 5.8
Creditor
1. Allegacy Credit Union
Description
living expenses
23
2. Bank of America
living expenses
24
3. Capitol One
living expenses
26
$28.68
$4,549.90
22
25
$28.68
Balance
FINANCIAL DECLARATION
RCW 26.18.220 (1)
$7,975.00
APR 1,2014
$160.00
$3,000.00
APR 1,2014
$168.00
APR 1,2014
$400.00
$469.00
$728.00
$5,277.90
LAW OFFICE OF
Thomas A. Cena, Jr.
3929 Bridgeport Way W., #304
University Place, WA 98466
(253) 572-5120
$0.00
5
6
$0.00
6.5 Other
I declare under penalty of perjury under the laws of the State of Washington that the contents of this
FINANCIAL DECLARATION and ATTACHMENTS are true and correct.
7
8
9
Signed at
on
10
11
Signature
12
Print or Type Name Deborah Dahl
13
The following financial records are being provided to the other party and filed separately with the
court:Financial records pertaining to myself: DO NOT ATTACH THESE FINANCIAL RECORDS TO
14
THE FINANCIAL DECLARATION. THESE FINANCIAL RECORDS SHOULD BE SERVED ON THE
OTHER PARTY AND FILED WITH THE COURT SEPARATELY USING THE SEALED FINANCIAL
15
SOURCE DOCUMENTS COVER SHEET (WPF DRPSCU 09.0220). IF FILED SEPARATELY
USING THE COVER SHEET, THE RECORDS WILL BE SEALED TO PROTECT YOUR PRIVACY
16
(ALTHOUGH THEY WILL BE AVAILABLE TO THE OTHER PARTIES IN THE CASE, THEIR
ATTORNEYS, AND CERTAIN OTHER INTERESTED PERSONS. SEE GR 22 (C)(2)).
17
18
19
20
21
22
23
24
25
26
FINANCIAL DECLARATION 5
RCW 26.18.220 (1)
LAW OFFICE OF
Thomas A. Cena, Jr.
3929 Bridgeport Way W ., #304
University Place, WA 98466
(253) 572-5120
9/27/2014 10:48:24
Fax Server
6.4 Arrangements
PAGE
3/010
AM
$0.00
$0.00
6.5 Other
I declare under penally of perjury under the laws cf the State of Washington that the contents
or this
~"~>U-"~'""'"""t4n~,- on----..t-';;..._d=:......,.~.......u3-"-4-_()[_j__
10
1(\,,
11
Slgnature_ . .
12
~d
/lAAl.___. , _
17
18
19
20
21
22
23
24
25
26
FINANCIAL DECLARATION 5
RCW 26.16.220 (1)
LAW OFFICE OP
Tticmuo A. C11na, Jr.
3929 Brtdgeport Wrr;W., 1Kl04
UnlvaralLy f'tllc::a, WA 96486
f'lli"i)
RT? R1'll)
2
3
4
5
6
7
Inre:
No. 02-3-02768-6
DEBORAH J. DAHL,
10
Petitioner,
AFFIDAVIT OF ATTORNEY
RE FAX TRANSMITTAL
11
and
12
JAMES R. DAHL,
13
Res ondent.
14
STATE OF WASHINGTON)
15
SS.
County of Pierce
16
THOMAS A. CENA, JR., being first duly sworn on oath, deposes and says:
17
18
19
matter.
20
21
22
That I have
23
24
25
Affidavit - 1
3
4
5
6
'-t?~enM j ~L
10
11
-r~.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Affidavit
-2
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 02 2014 8:47 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
WASHINGTON
MOTHER
COUNTY
FATHER
CASE NO.
DEBORAH DAHL
PIERCE
JAMES DAHL
02-3-02768-6
Father
Mother
$0.00
$7,583.33
$0.00
$0.00
c. Business Income
$0.00
$0.00
d. Maintenance
$0.00
$0.00
$0.00
$0.00
Received
e. Other Income
f. Imputed Income
$4,719.00
$0.00
$4,719.00
$7,583.33
$622.92
$1,318.76
O child credits
-- FED MED/EE
Taxes
$361.00
$0.00
-------------r--------r-------1
~- NC Withholding
Fed OASDI/EE
e.
$0.00
$105.31
$0.00
$361.00
$0.00
$450.30
g. Mandatory
$0.00
$152.00
---=--=---:---.--;;--~.---------i---~---1--~~~-1
Retirement
Contributidms
1----
$227.50
0.00
$0.00
0.00
$983.92
$2,614.87
$3,735.08
$4,968.46
$8,703.54
$1,454.00
(presumptive)
LAW OFFICE OF
2:37PM
Father
Mother
$623.91
$830.09
$1,216.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$623.91
$830.09
$0.00
$149.00
$0.00
$20.00
c. Total Monthy Health Care Expenses (line 10a plus line 10b)
$0.00
$169.00
$169.00
$0.00
$0.00
b. Education Ex enses
$0.00
$20.00
$0.00
$94.00
$0.00
$0.00
e. Total Day Care and Special Expenses (add lines 11a through 11d)
$0.00
$114.00
$114.00
$283.00
14. Each Parent's Obligation for Health Care, Day Care, and Special Expenses
$121.44
$161.56
$745.35
$991.65
$0.00
$169.00
$0.00
$114.00
Expenses
Father
Mother
Credit (describe)
$0.00
$0.00
d. Total Support Credits (add lines 16a through 16c)
$0.00
$283.00
$745.35
$708.65
$1,680.79
$2,235.81
$155.98
$207.52
Name
Name
b. Income of Other Adults in Household
Name
Name
c. Gross income from overtime or second jobs the party is
asking the court to exclude per instructions, page 8
d. Income of Children (If considered extraordinary)
Name
Name
WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 page 3 of 5
Father's
Household
Mother's
Household
Income (continued)
25. Other Children Living In Each Household (First names and ages)
Imputed Income (1f) for James Dahl based upon Median Monthly Census Income
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
Father's
Household
Mother's
Household
(continued)
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
Father's signature
Mother's signature
Date
City
Judge/Reviewing Officer
Date
City
Date
This worksheet has been certified by the State of Washington Administrative Office of the Courts.
Photocopying of the worksheet is permitted.
WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 page 5 of 5
9/27/2014 10:48:24
Fax Server
AM
PAGE
4/010
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
1MOther'SSiinat~
Father's signature
bf.u21,JrJI tll~
~te
City
J~~------
Judge/Reviewing Officer
Date
City
Date
This worksheet has been certified by the State of Washington Administrative Office of the Courts.
Photocopying of the workshoot Is permitted.
WSCSSWoti<shell~ Moodatory (CSW/CSWP) 071201 :I pGga !I of 5
2
3
4
5
6
SuperiorCourt of Washington
County of Pierce
Inre:
No. 02-3-02768-6
DEBORAH J. DAHL,
AFFIDAVIT OF ATTORNEY
RE FAX TRANSMITTAL
10
Petitioner,
11
and
12
JAMES R. DAHL,
13
Respondent.
14
STATE OF WASHINGTON )
15
16
SS.
County of Pierce
THOMAS A. CENA, JR., being first duly sworn on oath, deposes and says:
17
18
19
matter.
20
21
That I have examined the attached Washington State Child Support Schedule
22
23
24
25
Affidavit -1
5
6
7
8
t8 q
~unMj,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Affidavit
-2
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 08 2014 10:46 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s),
NOTE FOR COMMISSIONER'S CALENDAR
vs.
JAMES R DAHL
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO:
Name: SANDRA E. JOHNSTON
Address: 705 S 9TH STE 104 TACOMA, WA 98405
Please take notice that an issue of law in this case will be heard on the date and time shown below:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Show Cause
Nature of Hearing: Child Support,CHLD~Child Support
DATED:
October 8, 2014.
Signed:
NAME:
Phone:
(253) 572-5120
WSBA#:
For:
6539
Attorney for Plaintiff/Petitioner
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E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 03 2014 8:30 AM
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KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
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NO. 02-3-02768-6
Petitioner,
and
JAMES R. DAHL,
Respondent
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COMES NOW Respondent, James R. Dahl; by and through his attorney of record, Sandra
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E. Johnston, and moves this Court to dismiss the Petition filed by Petitioner on June 10, 2014, as
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having been recently negotiated and settled almost a year prior on April 1, 2013 and with the
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assistance of the Honorable Judge Katherine M. Stolz, who now has exclusive jurisdiction on post
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settlement relief.
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Respondent further moves that this Court remove and disqualify Attorney Tom Cena from
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acting as thee opposing party's legal counsel, because Mr. Cena's long ti.me business partner,
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Attorney Scott Candoo, was Mr. DahPs attorney in this very same matter, having withdrawn herein as
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recently as January 28, 2013. Certainly Attorneys Candoo and Cena do not make a habit of talcing
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opposing parties' litigation in their own office. Mr. Dahl claims a conflict based upon former client
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conflict under RPC 1.9(b), as regardless of the status of the individual businesses of Cando and
MOTION & MEMORANDUM TD DISM1ss Prnr10N, ro
REMOVE ATIORNEY CENA, FOR A PROTECTION ORDER
REGARDING FINANCIAL DISCLOSURES & FOR FEES
Page 1of8
Phone
Cena. Attorneys Cena and Candoo share financial obligations through shared office space and
reception for over the last two decades. Their financial relationship is so inextricably linked that it
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is the conflict equivalent of two lawyers in the same firm. Further Mr. Cena directly gave Mr. Dahl
legal advice on the matters with the same party he now represents. For example, whenever Mr.
Dahl came into their shared office space, he was directed to speak to Mr. Cena for assistance. Mr.
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Dahl should not now be forced to share his confidential financial data with an attorney's office that
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he chose to terminate.
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Finally Respondent moves the Court for the payment of his actual attorney's fees, which he
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has incurred and will incur as a result of having to defend this matter. An affidavit of fees will be
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MEMORANDUM
1. Matter PreviouslyLitigated & Settled
On November 18, 2003 the parties entered into a CR2A Agreement that was negotiated by
Scott Candoo on behalf of Father and which subsequently allowed Father to make up any back
support obligation with the sale of a real property (Contra Costa rental). See language in paragraph
3.22 of the OCS filed on 3/26/04.
On March 26, 2004, the final Order of Child Support with Worksheets was entered in this
matter pursuant to agreement. It is the current support order under which the parties have operated
for the last 11 years. At that time, Amanda was 14 years old, Sarah was 11, and Elizabeth was 6.
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MOTION & MEMORANDUM TO DISMISS PETITION, TO
REMOVE ATIORNEY CENA, FOR A PROTECTION ORDER
REGARDING FINANCIAL DISCLOSURES & FOR FEES
Page 2 of 8
FAX 253-572-4137
On September 30, 2005, a satisfaction of judgment for $25,000 was filed by Mother in full
satisfaction of Father's debts for the benefit of Mother. 'Ibis payment was in satisfaction for the
Tacoma rental property that was listed for sale at the conclusion of the divorce on March 26, 2004,
but was not able to be sold. As a courtesy to Mother, Father paid her $25,000 out of his own llO~el
and which was the anticipated value (if any value actually remained at that time in 2005).
On April 26, 2007, Mother filed a Petition to Modify Child Support that was never pursued.
In it she requested additional "child support'' for Amanda while she was going to "live at Mother's
home" and go to college. Amanda dropped out of high school. She did not remain living at her
mother's. Although Elizabeth had increased an age bracket, Petitioner dropped her petition to
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to modify child support or for post-secondary support. Father paid every other month of college
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On September 4, 2012, a satisfaction of judgment for $6,522.10 was filed by Mother in full
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satisfaction of debts by Father for the benefit of Mother. 'Ibis payment cured Father's back child
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support obligation.
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On October 25, 2012, Mother filed her Notice of Relocation to move to North Carolina.
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negotiated a settlement agreement, which included and took into consideration the fees and costs
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associated with the new travel, concurrent with and in light of, Father's child support obligation.
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On June 10, 2014, Mother filed a Petition for Modification of Support, continuance of child
support, payment of post-secondary support and claimed arrearages over a ten year period from
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253-572-4137
beginning March 26, 2004 (the entry date of the order of child support) and June 1, 2014 (the month
At the time the OCS was entered in 2004, it was not common practice to list out the
individual child support amounts for the children in the order of support itself. In this case, the
children were listed individually in a Worksheet Synopsis, which designated the amount of support
for each child and which was the first document attached to the order of support.
At the time the order was entered, also included in the child support calculation was a $400
payment for daycare for the three girls. It has been more than 5 years since there was any daycare
utilized for the children herein. Further, the oldest girl was already babysitting her younger sisters at
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the time of the entry of the child support order. Because Father's percentage of income was 37% as
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compared to Mother's 63%, his additional payments for daycare accrued at the rate of $154.69 per
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month. Finally, since circa 2006, Mother has insisted on claiming all three girls as tax deductions,
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despite the entry of the OCS in 2004 which requires them to share that benefit equally.
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To go back and try to itemize the inequities in this matter would be nearly impossible.
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Mother had ample opportunity to bring actions to modify support and/ or to raise this issue during
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the prior litigation, wherein Father agreed to a fair order that allowed Mother to move to North
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Carolina. Mother currently works as Research Nurse Manager, RN, MSN for Wake Forrest
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University, School of Medicine. Elizabeth will be allowed to attend school at Wake Forrest at
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virtually no cost to Elizabeth because her mother is staff at the School of Medicine.
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It is because of these facts that just a year ago, the parties entered an agreed order that
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allowed the child support payments to remain at what Father was voluntarily paying. Father had
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reduced his payment to $309.37, exactly 1/3 of the total child support obligation of $928.12, which
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was the combined support level for all three girls, plus davcare. Technically, Father would have
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been well within his right to pay .374 % of the total obligation for solely Elizabeth, that is, .374 % of
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$639 which equals $238.99. Father has paid far and above what his obligation actually was and
MOTION & MEMORANDUM TO DISMISS PETITION, TO
REMOVE ATTORNEY CENA, FOR A PROTECTION ORDER
REGARDING FINANCIAL DISCLOSURES & FOR FEES
Page 4of 8
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FAX
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allowed Mother to squeeze $25,000 out of him for a Tacoma rental property that ,&1.1 not ha-i.<1. q;~q.nity
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This matter was only recently litigated. Mother had every opportunity to raise the issue of
child support prior to her departure to North Carolina and chose not to do so. The Court should
dismiss because a) it was just recently litigated; b) mother chose not to ask for a new order of child
support; c) the last orders have all been by agreement; and d) because Father has been
extraordinarily reasonable. Father asks the Court to deny Mother any further changes to the ~mom
of support provided by Father, including whether to end support at age 18. TIUs is what the parties
negotiated, agreed to and entered as their final order. It should remain as agreed.
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excerpted from another matter, but compiled by Attorney and former Chief Disciplinary Counsel,
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Washill.gton State Bar Association, Leland Ripley ill his supporting brief thereto.
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Pierce County
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Vernon v. Busberg, No. 02-2-10114-9. Affidavit ill Opposition to Defense Motion for
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uveridge v. Overby, No. 01-2-043957-8. Affidavit ill Support of Plaintiffs' Counsel's Motion
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based upon a prior representation many years before and a brief conversation with
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defendant that counsel did not even recall and had nothing to do with current case.
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Snohomish County
Hansen v. Leach, No. 02-2-004472-5. Declaration ill Opposition to Defense Motion for
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Summary Judgment. Opined there was a conflict because lawyer for party to
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transaction acted as escrow for transaction and thus owed duties to both sides of
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transaction.
MOTION & MEMORANDUM TO DISMISS PETITION, TO
REMOVE ATTORNEY CENA, FOR A PROTECTION ORDER
REGARDING FINANCIAL DISCLOSURES & FOR FEES
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FAX 253-572-4137
Defense Counsel. The motion was based upon an alleged prior attorney client
relationship.
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Cowlitz County
Carrigg v. Cam"gg, No. 03-2-00230-6. Declaration in Support of Disqualification of defense
counsel based upon previous representation of plaintiff.
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Stevens Counnr
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Kane & Curry v. Matting!J. Declaration in Support of Motion to Recuse Attorney. Motion
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Judgment. Offered opinion that there was a conflict of interest because lawyer
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employed by the trust caused plaintiff to believe that he was also plaintiffs lawyer
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Dismiss Indictment based upon invalid state conviction. Declaration stated that
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defendants and the trial judge failed to adequately inquire about potential conflict.
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Kirk Loe v. Vashon Fire & Rescue et. al, No. CV 004-0005-Z. Declaration in Support of
Motion to Disqualify defense law firm, because plaintiff briefly consulted with lawyer
Disqualification of counsel for a "conflict of interest" is premised upon both the need to
protect the attorney/ client relationship and the need to develop and maintain the public's respect
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for and confidence in our legal system. Intercapital Corp u: Intercapital Corp., 41 Wn. App. 9, 700 P.2d
1213, review denied, 104 Wn.2d 1015 (1985), reu'd on other grounds sub nom, first Small Bus. Inv. Co. of Cal
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u: Intercapital Corp. of Or, 108 Wn.2d 324, 738 P.2d 263 (1987). See also, In re Firestorm 1991, 129
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This interest is similar to the requirement in quasi-judicial matters that the proceeding not
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only be fair, but also to appear to be fair. The general rule for the appearance of fairness doctrine
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is that a reasonably prudent and disinterested observer would conclude that the proceeding was fair
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and impartial. E.g. Medical Disciplinary Board v. Johnston, 99 Wn.2d 466, 663 P.2d 457 (1983).
Herein, Father feels that his confidences are violated because the very attorneys who
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provided him services in the matter that is herein contested are now representing his wife. It is
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because of this that the Court should require Attorney Cena to withdraw as counsel for Mother.
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Father seeks the Court's protection from having to produce discovery regarding his financial
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data to Attorney Cena because Father already terminated his financial relationship with Attorney
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Scott Candoo. Mr. Candoo and Mr. Cena are financially linked. Further, Mr. Cena provided actual
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advice and counsel to Mr. Dahl during the period of Mr. Candoo's representation in this matter.
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Because of this, Father should not have to provide confidential financial information to Mr. Cena.
MOTION & MEMORANDUM TO DISMISS PETITION, TO
REMOVE ATTORNEY CENA, FOR A PROTECTION ORDER
REGARDING FINANCIAL DISCLOSURES & FOR FEES
Page 7 of 8
253-272-0566;
FAX 253-572-4137
4. Attomey's Fees
Father seeks payment of his attorney's fees, to be proven at a later date via an affidavit from
his current counsel. Were this matter to have been raised during the relocation action, it would not
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have likely increased Father's costs in that action. Further, Father believed that this was addressed
during prior litigation. In the negotiated and agreed parenting plan, mother agreed to pay for 75%
of the cost of travel because she earned 75% of the combined incomes. It is mother who should
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assist father with his legal fees. Notwithstanding the intransigence nature of this motion, Mother
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has the ability to pay Father's fees and Father needs assistance.
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NO. 02-3-02768-6
Petitioner,
and
JAMES R. DAHL,
Respondent
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THIS MATTER having come on regularly for hearing before the above-entitled court;
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and the Respondent appearing in open Court by and through his attorney, Sandra E. Johnston,
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and the Petitioner appearing, and having heard arguments from counsel, read the motion herein,
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and therefore it is
ORDERED that
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PART;
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2. Respondent's motion to remove Attorney Cena due to a conflict of interest created by the
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relationship of Mr. Dahl's former counsel herein, that is, Attorney Scott Candoo, is
GRANTED I DENIED;
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FAX 253-572-4137
DENIED;
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-payable to R.espo:nderrt
oi1or
before
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Presented By;
Agreed as to Form,
Presentation Waived;
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r~g~ 2on
FAX 253-572-4137
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 03 2014 8:30 AM
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KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
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DEBORAHJ. DAHL,
NO. 02-3-02768-6
Petitioner,
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and
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JAMES R. DAHL,
Respondent
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by reference. Any and all assertions that are made in response to this sworn declaration are hereby
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denied unless I have the ability to specifically address them. Finally, I have reviewed the facts as
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presented in Ms. Johnston's motion, do affirm those same facts to be accurate and true and do
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I respectfully ask the Court to dismiss the current Petition filed on June 10, 2014, which I
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answered on July 7, 2014. In addition to asking for an increase in child support, the Petition also
sought the following relief on page 3 (with emphasis added),far which I had alreatfy/Jaid on August 9,
2012 and for which Deborah filed a full satisfaction of lien on September 4, 20 12:
1.6.3 Interest on unpaid child support totals $52,30786, which includesthe sum of
$7298.09asinterestuponthe judgment for unpaid child supportof$6.031.48, which
judgment is included in the order of child support filed March 26, 2004.
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In addition to the above, I ask the Court to remove Attorney Cena from this matter. Mr.
Cena has an inextricably linked relationship with my former lawyer who represented me on this
very matter until 2013, Attorney Scott Candoo. I should not have to provide sealed confidential
documents to my former lawyer or Mr. Cena. I ask the court to protect me from any financial
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Finally, I seek my legal fees and costs for having to respond to this matter, for which I
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it was to be the final order ever entered on this matter. During the settlement conference, we
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discussed financial support, including our health insurances, because my insurance will not
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provide double coverage, but would have provided out-of-state (but in network) coverage
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because they are a national company. Deborah chose to not use my insurance, which provides
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more coverage and is a free benefit to me. Deborah did not want to drop her coverage, even
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after her insurance benefits out. My company would have picked up where Deborah's stopped,
if she would have allowed Elizabeth to transfer to mine.
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Neither the final dissolution orders and/or subsequent modifications by Deborah have
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been adjudicated by the trial court. All of our final orders were entered by agreement, including
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the last order regarding relocation of my child entered on April 1, 2013. The following is a
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briefhistory of the litigation and how we got to the entry of our last and final order.
Agreements re Financial Obligations
The first big payment of money to Deborah was not related to child support but was
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given in resolution of a property division. In 2005, after my attempts to sell the Tacoma rental
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property, Deborah convinced me to just give her the $25,000 out of the house that we figured
DECLARATION OF JAMES R. DAHL ISO MOTIONS
TO DISMISS, REMOVE CONFLICTED COUNSEL,
PROTECT, & AWARD FEES
Page 2 of9
would be her share i(it sold. Deborah complained that she was tired of waiting for "her share"
of the house's equity. So we settled. I gave her what we had figured was the equity in the
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house. I had to take money off credit cards to come up with that lump sum payment, but I made
it happen.
I certainly overpaid Deborah in 2005, because the house would not sell. There was a
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clause included in our Decree for a lesser payment if the house wasn't worth the equity that we
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Deborah signed a Quit Claim deed to me on September 24, 2005 for my payment of
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$25,000 for her interest in the Tacoma rental located at 228 Contra Costa Avenue. See Exhibit
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A, Quit Claim Deed. She then entered a Full Satisfaction of Judgment two days on September
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26, 2005 (filed herein on September 30, 2005). Several years later, Deborah started demanding
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another $25,000 from me on the same property. See Exhibit B, emails from Deborah dated
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The first time Deborah moved to modify support was in 2007. Our oldest Amanda was
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turning 18. Deborah filed to modify support for all three girls and for post-secondary support
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for Amanda. Amanda dropped out of high school. She never went to college. At that time
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Sarah was 15 years old and Elizabeth was 10, just about ready to enter a new age bracket.
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After Amanda turned 18, that same year, I reduced the total support amount I was
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paying ($928.12) by a third to $618.75 (for one less dependent child). At the time, I had no idea
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why Deborah dropped her petition to modify support. Now, almost ten years later, I find out
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that the reason Deborah dropped her Petition to Modify Support was because I was already
DECLARATION OF JAMES R. DAHL ISO MOTIONS
TO DISMISS, REMOVE CONFLICTED COUNSEL,
PROTECT, & AWARD FEES
Page 3 of9
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FAX
253-572-4137
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paying far more than/ should have been paying. I didn't know that each child had her own
child support calculated amount and I certainly didn't know that I was still paying my
proportional share for daycare that had long since stopped. Deborah has always been way more
savvy at figuring these things out than I am. I took the simple approach and divided by 3.
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Because there was a current support modification pending, Deborah had every opportunity to
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In 2010, our second daughter, Sarah, graduated high school. Deborah did not bring a
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petition to modify support for Elizabeth or for post-secondary support for Sarah. Instead
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Deborah and I came to an agreement about post-secondary support for Sarah. I paid every other
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month for Sarah to attend TCC, until Sarah dropped out. Sarah briefly lived with me on Vashon
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Island after she turned 18, but she didn't like living so far away from her friends and activities.
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She was bored at my house. I don't blame her. Vashon is a slow pace life for a teenage girl. At
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that time Elizabeth was 13 years old. Again, Deborah did not move to modify child support.
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Now that the support wagon is getting ready to run out, Deborah is grasping at ways to
keep me paying her. Deborah didn't tell the Court that she works as the Research Nurse
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Manager. RN. MSN for Wake Forrest University, School of Medicine and that Elizabeth will
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Elizabeth turns 18 on January 1, 2015. If she needs something, she knows that I will help.her, I
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have assisted my older two daughters as adults whenever they asked. I also currently pay
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Elizabeth's phone bill, although I am not obligated to do so, and will continue to pay it. I do
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FAX 253-572-4137
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My Overpayments
I have consistently overpaid Deborah pursuant to our original order of support. I did not
realize that I was still paying my percentage for daycare. If the Court dismisses this petition, I
law. Additionally, I will also continue to pay the remaining two months of support at $309.48
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per month, which is the same amount I have been paying since our second daughter, Sarah,
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It may interest the Court to know that Deborah often waits weeks to cash my checks.
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She has always made more income than I do. It is my understanding that Wake Forrest
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University paid her to relocate to North Carolina. The truth is that my financial need is greater
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than Deborah's, as I incurred more debt as a result of our final agreements. My standard of
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living deteriorated after the divorce; not Deborah's. For example, I only recently was able to
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get up dry wall in the house where I live. I still have not been able to completely finish it.
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I am asking that this current petition be deemed an attempt to circumvent our agreement
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regarding Deborah's relocation, which was done with the assistance of the Honorable Judge
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Katherine M. Stolz just last year. I am asking your Honor to dismiss it. However, if the Court
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agrees that a recalculation is appropriate for the duration of my remaining support obligation, I
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ask the Court to offset any remaining obligation by giving me credit for ten years of daycare
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that was never used and the overpayment beyond what the Worksheet Synopsis required me to
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pay, which Deborah had ample opportunity to modify but did not do so (probably because my
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support would have been even less than what I was already paying her!).
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monthly payment of$238.99. See Exhibit C; a spreadsheet of those payments that I made after
the last satisfaction oflien was entered in this matter beginning September 2012. Since
allows this matter to go forward, I ask that I be given a credit for all overpayments that I can
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prove I made. For purposes of this motion, I have only gone back to September 2012, but can
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attempt to obtain bank records several years back to cover all those years that Elizabeth was no
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longer in daycare. I know that is at least five years, as the same was confirmed to me by our
former daycare provider.
Petition seeks Double Payment for 2004 Judgment
The claimed delinquency of$6,031.86 and interest thereon of$7,298.09 is an attempt to
collect this amount twice and should be sanctioned under CRll.
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The final agreed order of support entered on March 26, 2004 granted Deborah a
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judgment for $6031.48 in back child support plus $490.62 in interest. This back support
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covered a period during the dissolution when I was laid off work and had no funds to pay child
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support. My attorney, Scott Candoo, recommended that I agree to pay this back amount in
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order to settle my matter, even though I was not employed when it accrued. Mr. Candoo did not
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assist me in reducing my obligation during that period. I now understand that my failure to pay
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support during that time was not contempt because I could not control being laid off and that I
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was entitled to a reduction in support and may have also been entitled to spousal maintenance
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due to the vast disparity in our incomes. Nonetheless, with Mr. Candoo's assistance, I entered
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On August 9, 2012, I paid Deborah $6,522.10. I was refinancing my real property to try
to get my mortgage payment down to something that I could afford. That is when the old
DECLARATION OF JAMES R. DAHL ISO MOTIONS
TO DISMISS, REMOVE CONFLICTED COUNSEL,
PROTECT, & AW ARD FEES
Page 6 of9
FAX 253-572-4137
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judgment came to my attention. I was only able to pay it off in a lump sum because of my
refinance. On September 4, 2012, Deborah filed a full Satisfaction of Judgment for the same.
This judgment was satisfied two vears ago. I also ask the Court to find that because Deborah
entered a "full satisfaction" through June 20, 2012, it qualifies as a complete satisfaction of any
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prior debt.
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sanctionable and should be sanctioned by this Court under CRH. Further, Mr. Cena had an
obligation to read the court file and discover this satisfaction.
Mr. Candoo withdrew after that satisfaction on January 28, 2013. I never received a
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final billing from Mr. Candoo, who I expect may be given a copy of this document to read.
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This one of many examples regarding the manner in which I feel Mr. Cena is conflicted and
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Deborah was granted sole decision making with the caveat that "neither parent shall
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unilaterally obligate the other parent to financial expenses." Since that time, Deborah decided
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to get Elizabeth braces. Braces were not medically required for Elizabeth. Deborah got them
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for Elizabeth two years ago. Those braces were a purely cosmetic procedure. I told Deborah at
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that time that I could not afford braces. My idea was to drop Elizabeth from Deborah's
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insurance, at which point my insurance would pick up the balance. I confirmed this with my
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insurance and told Deborah to send me a confirmation that the dental insurance was dropped.
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She never got back to me but now is telling me that I owe her the balance of the procedure. I
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should not have to be ordered to pay for a non-emergent procedure that could have been free to
DECLARATION OF JAMES R. DAHL ISO MOTIONS
TO DISMISS, REMOVE CONFLICTED COUNSEL,
PROTECT, & AWARD FEES
Page 7 of9
FAX 253-572-4137
me if Deborah had cooperated. It is Deborah's right to do as she pleases, but she should not be
able to create financial obligations for me where none needed to exist; especially {Or a purely
cosmetic procedure.
Further, Deborah's failure to discuss braces with me likely increased her cost. At our
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settlement conference, we discussed that my insurance would not cover an out-of-state child and
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that I was not going to be able to continue to carry her. Nonetheless, if Deborah discussed this
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with me before she unilaterally entered into a contract with a North Carolina dentist, I could
have made arrangements to put Elizabeth back on my dental insurance during the summer and
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gotten her braces done in Washington for substantially less than what Deborah is now
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managed to consistently financially help my older two daughters (Sarah currently living in
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Germany and Amanda still here in Washington) when they have needed help. I maxed out my
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credit cards to pay Deborah $25,000 in 2005 and have been slowly digging out of that hole. I
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was able to pay the agreed child support judgment by for refinancing my real property. I am not
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happy with the advice I was given in my divorce by Mr. Candoo and now find that I am dealing
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with the attorney who I was told was his partner and with whom I have previously discussed this
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very matter. It does not matter whether Mr. Cena remembers what he talked about with me. I
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certainly remember him. Whenever I stopped by their office, when Mr. Candoo was not
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available, Mr. Cena helped answer my questions regarding this very matter.
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Further, because of a change in the way my company complies with federal regulations
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equivalent of 6 days a week. My schedule is reduced to driving no more than 5 days a week, as
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I will now have to count "wait time" as on-duty time. See ExhibitD, letter from Reddaway
(signed original left on file with company). This loss in time and mileage will significantly
reduce my current income. My first paycheck with this reduction will begin in November 2014.
If I am allowed to end support this year (as was anticipated when we entered agreed orders), it
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Finally, I deserve to be free of Deborah and her constant demands and controlling
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behavior. This Christmas may be the last time I get to see my child for some time. Pursuant to
the final Parenting Plan which will expire at the end of this year, Elizabeth is supposed to fly
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out for my visitation on December zo", as that is the day after school lets out. Instead Deborah
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got her tickets to fly out on the 23rd. Deborah took away three days of visitation with my
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daughter because it worked out for Deborah to do it that way. It has always been Deborah's
13
14
15
It is for these reasons that I seek the Court's dismissal of this Petition and to order
Deborah to pay all of my legal fees and costs. I also seek the Court to order that neither Scott
16
Candoo or Tom Cena can ever act again as Deborah's legal counsel should something else
17
come up that causes her to drag me back to Court over our grown children or the conditions of
18
our divorce.
19
20
21
22
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
Signed and sworn in Tacoma, Washington on this l " day
23
es R. Dahl, Respondent
24
J /-ot - ~o/'f
25
Page 9 of9
FAX 253-572-4137
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I certify that I know or have satisfactory evidencUhat1)BBbRAH ). DAHL is the person who
appeared before me, and said per10ll acknowledged that she ~
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EXCISE COLLECTED:$1i..005.70 PAO.FEE:S0.00
PAT MCCARTHY, AL.OITU1
COUNTY FEE:$0.00
PIERCE COUNTY, WA
STATE FEE:$5.00
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Sandra E. Johnston
From:
Sent:
To:
Subject:
[email protected]
Saturday, November 01, 2014 12:58 PM
[email protected]
Fw: Funds from Contra Costa sale
Jim,
Hope all is well. Now that Rizzy is back to NC and in school, I would like to discuss the repayment of the
money from the sale of the house on Contra Costa. The amount still owed is $25,000. What are your thoughts
on a repayment schedule?
Deb
Sandra E. Johnston
From:
Sent:
To:
Subject:
[email protected]
Saturday, November 01, 2014 1:05 PM
[email protected]
Fw: Re: RE: Rizzy's travel plans for the summer
Will have to think about it preferably after Elizabeth here and gone. Really have enough on my mind right now
without thinking about that. I know we did little talking about but not much.
From: Deborah Dahl <[email protected]>;
To: [email protected] <[email protected]>;
Subject: RE: Rizzy's travel plans for the summer
Sent: Mon, Jul 22, 2013 8:11:25 PM
Any thoughts about the money from the Contra Costa house?
Deb
DAHL CHECKS/PAYMENTS
CK#
Date
Amount
2025
8/9/2012
$6,522.10
2027
2028
2029
2030
9/23/2012
10/31/2012
11/30/2012
1/1/2013
$400.00
$400.00
$400.00
$400.00
Sept
3/20/2013
$800.00
Jan I Feb
from above]
$542.72
2068
2067
2066
2065
2064
2063
2062
2070
2071
9/1/2013
9/1/2013
9/1/2013
9/1/2013
8/1/2013
9/1/2013
10/1/2013
11/1/2013
12/1/2013
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
March
April
May
June
July
August
Sept
Oct
Nov
2072
2073
2074
2075
2077
2078
2079
2080
2081
2082
1/20/2014
2/15/2014
3/15/2014
4/30/2014
5/30/2014
6/30/2014
7/30/2014
8/10/2014
9/10/2014
10/31/2014
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
$309.38
Description
2012
sansra cnon or
Judgement
Oct
Nov
Dec
2013
2018
[overpayments
Dec
2014
Jan
Feb
March
April
May
June
July
August
Sept
Oct
3/26/2004
4/28/2008
6/23/2010
$ 928.12
$ 618.75
$ 306.38
Employee#:
---------
TO:
All drivers
A tractor operated without a trailer for personal use (e.g., driving to and from a motel or restaurant for
short distances) is consider being used as personal conveyance. This is an off duty activity and should
be logged as off duty.
These, including the items listed above, are our On Duty activities and must be logged as On duty:
(1) Driving
(5) Breakdowns and attending vehicle as it is
(2) Chargeable wait time
(3) Fueling
(4) Pre-Trip, Post Trip and In-route inspections
being repaired
(6) Loading and unloading
(7) Drop and picks
(8) Road closures
Driver Acknowledgement
I. have received a copy of this memo and understand that I will abide by the DOT Hours of Service
Regulations.
Signature
Print Name
DomicileTenninal
Image to HR
Original filed in employee's terminal file
E,,J_.
&.-1"14 '1f f
/)
Employee#
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 04 2014 10:35 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.
JAMES R DAHL
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO OPPOSING PARTY:
Name: SANDRA E. JOHNSTON
Address: 705 S 9TH STE 104 TACOMA, WA 98405
Please take notice that the undersigned will bring on for hearing a motion for:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion
Nature of Hearing: Compel
PARTY SETTING HEARING SHALL CONFIRM BY NOON TWO COURT DAYS PRIOR TO HEARING
Submitted by:
DATED:
November 4, 2014.
Signed:
NAME:
Phone:
(253) 572-5120
WSBA#:
For:
6539
Attorney for Plaintiff/Petitioner
1 of 1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 04 2014 10:35 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
In re:
DEBORAH J. DAHL,
Petitioner,
10
and
11
MOTION OF PETITIONER TO
COMPEL DISCOVERY
JAMES R. DAHL,
12
Respondent.
13
14
No. 02-3-02768-6
15
the Respondent to immediately comply with the Requests for Production of Documents
16
Petitioner further moves for an award of her reasonable attorney fees incurred in the
18
19
20
21
I
I
22
23
24
25
Motion of Petitioner to Compel Discovery-I
This Motion
2
of this proceeding
3
4
5
6
7
8
DECLARATION OF COUNSEL
9
10
I, THOMAS A. CENA, JR., do hereby certify and declare, under penalty of perjury,
11
under the laws of the State of Washington, that the following statements are true and correct, to
12
13
1. The requested discovery concerns the Petition of Deborah Dahl, the Petitioner, for
14
modification of support, filed June 10, 2014. That matter is scheduled for hearing before the
15
16
17
2.
Respondent's paystubs for the previous six months, and his federal tax returns for tax years
18
19
3.
21
22
23
24
25
Motion of Petitioner to Compel Discovery -2
Respondent forwarded an email dated October 6, 2014 (Exhibit 3) stating "I will get in touch
with Mr. Dahl and let you know regarding the discovery issue."
4. Petitioner's counsel forwarded a letter to the Respondent's attorney (Exhibit 4)
asking for the documents requested on October 30, 2014. The attorney for Respondent received
6
this letter on October 31, 2014 (Exhibit 5). This was done prior to Petitioner's receiving notice
7
that Respondent was seeking to avoid providing this discovery material, as stated in his motion
8
9
10
11
with Petitioner's request for document production. It is submitted that, under the circumstances
12
of the instant matter, the requirement of a previously held rule 26(i) conference, be waived.
13
14
15
6. Petitioner requests the Court to award to her reasonable attorney fees in connection
with the preparation and presentation of this motion.
Signed this 4th day of
16
17
18
19
20
21
22
23
24
25
Motion of Petitioner to Compel Discovery -3
2
3
4
5
6
In re:
DEBORAH J. DAHL,
and
No. 02-3-02768-6
Petitioner,
I0
JAMES R. DAHL,
11
Respondent.
12
TO:
13
AND TO:
14
YOU AND EACH OF YOU are hereby requested, pursuant to the Rules of Superior
15
Court, Rule 34, to furnish the undersigned attorney, legible copies of the following documents
16
1.
18
2.
19
20
21
22
23
24
25
Petitioner's
I
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www.abclegal.com
SEATTLE
TACOMA
EVERETT
OLYMPIA
(206) 521-9000
(253) 383-1791
(425) 258-4591
(360) 754-6595
(425) 455-0102
PORTLAND
SAN FRANCISCO
LOS ANGELES
SANTA ANA
SAN DIEGO
(503) 727-3100
(415) 908-3800
(213) 621-9999
(714) 541-4133
(619) 232-1920
SACRAMENTO
STOCKTON
VAN NUYS
VENTURA
RANCHO CUCAMONGA
(916) 449-8990
(209) 937-0348
(818) 787-0422
(805) 477-4321
(909) 919-2435
FIRM NAME
PHONE
THOMAS A. CENA,
BELLEVUE
JR.
EMAIL (SECRETARY)
EXT.#
253-572-5120
ADDRESS
ATTY
Cena
SECRETARY
Rhonda
YOUR ABC ACCT. No.
CASE NAME
dahl
DAH
CAUSE NO.
CLIENT MATTER#
DATE
9/16/2014
8:27 AM
DOCUMENTS
PETITINER'S
0RETURNCONFORMED COPY
SANDRA E. J
ATTORNEY A LAW
705 SO. 9TH S REET, SUTIE 104
TACOMA
SUPERIOR
COURT
DISTRICT COURT
(INDICATE DISTRICT)
Appeals COURT
FEDERAL COURT
AUDITOR
1-(SEA)
11-(TAC)
CIVIL
BANKRUPTCY
SE
A
TAC
D D
STATE
SUPREME
COURT
SEC.
STATE
CORP.
ABC Legal Services, Inc. (ABC) assumes no liability for errors caused in whole or in part by the improper filling out of this messenger service request form, including but not limited to, omission of a last
day date/time, filings not marked in the proper and designated filing boxes, illegible pnnt or script, etc. All messenger requests are double-checked for accuracy and completion prior to returning to the
requester, however: it is the responsibility of the requester to also check the completed request form for accuracy and to notify us immediately if there are any questions or discrepancies. Usage of this
form constitutes a contract between lhe requester and ABC and acknowledgment and acceptance by the requestor of lhe terms set forth above.
S[p 1 7 A.M.
EXHIBIT
_.,_ --. .
10/6/2014
From:
To:
Subject:
Date:
FYI
Thank you.
I will get in touch with Mr. Dahl and let you know regarding the discovery issue.
Kind Regards,
Sandra E. Johnston
Attorney At Law
The Law Office of Sandra E. Johnston
705 S. 9th Street, Suite #104
Tacoma, Washington 98405
Office: 253-272-0566
Fax: 253-572-4137
https://mail
.aol.com/38771-416/aol-6/en-us/Lite/PrintMessage
DHIBIT-~~~
.aspxPuser=dfc
1/3
Law Office of
Marriage of Dahl
Pierce County Cause No. 02-3-02768-6
D:MIBIT_L/
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www.abclegal.com
SEATTLE
TACOMA
EVERETT
OLYMPIA
BELLEVUE
(206) 521-9000
(253) 383-1791
(425) 258-4591
(360) 754-6595
(425) 455-0102
PORTLAND
SAN FRANCISCO
LOS ANGELES
SANT A ANA
SAN DIEGO
(503) 727-3100
(415) 908-3800
(213)
(714) 541-4133
(619) 232-1920
SACRAMENTO
STOCKTON
VAN NUYS
VENTURA
RANCHOCUCAMONGA
(916) 449-8990
(209) 937-0348
(818) 787-0422
(805) 477-4321
(909) 919-2435
621-9999
EXT.#
FIRM NAME
PHONE
253-572-5120
EMAIL (SECRETARY)
ATTY
ADDRESS
3929 BRIDGEPORT
WAY WEST.
#304,
UNIVERSITY PLACE, WA
SECRETARY
Cena
Rhonda
CASE NAME
Dahl
CLIENT MA TIER#
CAUSE NO.
DATE
10/30/2014 4:07 PM
DOCUMENTS
SIGNATURE
REQUIRED
,0"'-', 31
0
ON DOCUMENTS
RETURN CONFORMED
0RETURN
CONFORMED
COPY
LJu
OcoNFORM
OR1G1NAL
Do NoT FILE
OTHER INSTRUCTIONS
ice ors
SANDRA JOHNSTON
ATTORNEY AT LAW
818 SOUTH YAKIMA, SUITE
TACOMA
201
,Fax.: 2
COUNTY
SUPERIOR
COURT
DISTRICT COURT
(INDICATE DISTRICT)
Appeals
COURT
FEDERAL COURT
AUDITOR
1-(SEA)
11-(TAC)
CIVIL
BANKRUPTCY
SE
A
TAC
D D
STATE
SUPREME
COURT
SEC.
STATE
CORP.
ABC Legal Services. Inc. (ABC) assumes no liability for errors caused in whole or in part by the improper filling out of this messenger service request form, including but not limited to, omission of a last
day date/time, filings not marked in the proper and designated filing boxes, illegible print or script, etc. All messenger requests are double-checked
for accuracy and completion prior to returning to the
requester, however; it is the responsibility of the requester to also check the completed request form for accuracy and to notify us immediately if there are any questions or discrepancies. Usage of this
form constitutes
a contract between
the requester
and acceptance
by the requester
EXMIBIT-b
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 04 2014 2:43 PM
.:!.
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
DEBORAHJ. DAHL,
NO. 02-3-02768-6
Petitioner,
and
10
JAMES R. DAHL,
Respondent
11
12
13
14
15
Comes now Respondent James R. Dahl in Objection to the motion to compel discovery
and moves the Court to dismiss said motion as 1) it is not ripe, 2) a CR26(i) conference has not
been held by Petitioner's own admissions, and 3) Mr. Dahl's discovery is ready but awaiting Judge
Stolz' ruling, as her order may render said production moot. Specifically, Mr. Dahl challenges
16
whether he must provide private financial data to a firm who had assisted Attorney Scott Candoo,
17
who Mr. Dahl previously fired, in light of the fact Mr. Cena advised him in this very matter.
18
Mr. Dahl respectfully seeks CRt 1 sanctions, attorney's fees and costs for having to respond
19
prematurely to this motion. The information requested from him is the same information that Mr.
20
Dahl will have to provide in response to Temporary Orders, but only if this matter is not dismissed
21
22
23
and not likely to Attorney Cena who has provided my client legal advice on this very matter.
Respectfully Submitted this 4th day of Novemb
, 014 in Tacom
24
WSBA#27313
25
Page 1 of2
253-272-0566;
FAX
253-572-4137
DECLARATION OF COUNSEL
1
2
follews, I make this declaration as to personal knowledge and am over the age of 18.
Mr. Cena and I initially spoke about the conflict of interest Mr. Dahl asserted back when
5
6
concerns that his representation was conflicted. I assumed that Petitioner's lengthy delay in
7
seeking temporary orders was related to Attorney Cena's investigation of whether there was a
8
10
OaJtl
remembers previously having conversations with Mr. Cena about this matter. Further, Mr. Cena
11
admitted to me that he and Mr. Candoo spoke about the matter. It is Mr. Dahl's assertion that
12
Mr. Cena.cannot now represent his wife in opposition to a former client's interests.
13
The email that I sent to Mr. Cena was meant to indicate whether Mr. Dahl objected to Mr.
14
Cena h;:ivi:og Mr. IJaJbl,s cunfidentini and' sealed fi11am::i;.il da.t~:. Mr. D~hl bad a rigbt to fire J:ij's.
15
16
17
Certainly, if the Court denies his request to dismiss Petitioner's request for more money,
Mr. Dahl will be required to provide sealed financial data. He is prepared to do so. He just
18
should not be required to provide it to a conflicted attorney prior to the Court's ruling. It is for
19
these reasons that Mr. Dahl seeks the Court's award ofCRl 1 sanctions, attorney's fees and
costs,
20
I declare under penalty of perjury under the laws of the State of Washington that the
21
22
23
24
25
'Pege:l of2
253-272-0566;
FAX 253-572-4137
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 12 2014 12:17 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
8
9
10
11
12
13
Petitioner,
and
James R. Dahl
Res ondent.
14
I. Motion
15
16
No. 14-3-02632-2
MEMORANDUM IN RESPONSE
TO MOTION TO DISMISS
PETITION
Respondent filed a motion to dismiss the Petition for Modification of Child Support, to remove
17
Attorney Cena, grant a Protection Order Regarding Financial Disclosures, and attorney fees. Based on the
18
19
II. Basis
20
Respondent filed a motion asking to dismiss the petition, remove Attorney Cena, issue a
21
22
23
24
protection order regarding financial disclosures, and awarding Respondent attorney fees. Each of these
shall be addressed in tum.
25
Petitioner filed a Petition for Modification of Child Support to adjust the transfer payment and
26
seek Post-Secondary support for the youngest child. Respondent asks this court to dismiss that petition
27
.
28
- Page - 1 -
THOMASA. CENA,JR.
Attorney at Law
3929 Bridgeport Way W, Ste 304
University Place, WA 98466
(253) 572-5120
based on arguments of no past due child support being owed and Petitioner, and for Petitioner's failure to
ask for this modification during the relocation proceedings recently before the court. By necessity, these
4
5
6
Petitioner is legally allowed to seek modification for post-secondary. This right was specifically
reserved in Section 3.14 of the March 26, 2004 Order of Child Support, as long as it was exercised prior
to termination of support. The child is currently 17, turning 18 on January 1, 2015, and due to graduate
7
spring of 2015. This request was clearly exercised prior to termination of support, which terminates, as
8
per the 3/26/04 order, once the child turns 18, which is not until 111/15.
9
10
11
she obligated to seek post-secondary in any year other than senior year. Respondent argues that when the
12
parties were recently before the court, Petition should have sought post-secondary support. To bring an
13
action for post-secondary at such an early stage is premature and open to multiple issues, the least being
14
whether the child is attending or was accepted to college. Post-secondary requests are routinely sought
15
during a senior year. Here, Petitioner started her action late in the child's junior year.
16
17
18
The argument of whether or not past due support is owed is not before the court in this motion,
nor would it be relevant if it was. Past due support has no bearing on the ability to bring a legitimate
modification petition. As established, Petitioner has the legal right to seek post-secondary support. It also
19
should not be dismissed because Respondent may or may not owe past support, which has yet to be
20
21
22
23
24
25
26
determined. Finally, Petitioner's action includes a request to modify prospective support in addition to its
request to provide post-secondary support and determine past due child support. Respondent's arguments
supporting a motion to dismiss are in error.
Motion to Remove Attorney Cena
Respondent asks this court to remove Attorney Cena for reasons that show no prejudice to
himself and which appear to be wholly self-serving. Respondent, through his attorney, makes several
27
Page - 2 -
28
THOMASA. CENA,JR.
Attorney at Law
3929 Bridgeport Way W, Ste 304
University Place, WA 98466
(253) 572-5120
questionable statements and provides no competent cited authority on the issue. This Motion by the
Respondent alleges he met and spoke with Attorney Cena regarding his matter. He claims to
have a recollection of such events happening approximately 10 years ago. The Respondent however
5
6
supports this with nothing but his own self-serving statements. In fact, attorney Cena has seldom, if ever,
spoken to Attorney Candoo's clients in Candoo's absence. To the extent this has ever happened, it would
7
have tended to be in the nature of an emergency, not routine, discussion regarding legal advice. He also
8
has no evidence to support his claims, merely his own self-serving statements. Attorney Cena and
9
10
11
12
13
Attorney Candoo have worked only on one case together in their 19 years of office sharing. This matter
was completely unrelated to the instant case and was sent out to another law office after preliminary
discussions between attorneys and clients before any complaint or claim for damages was filed.
Attorney Cena has absolutely no recollection with regard to any conversations with Respondent.
14
He has never viewed the file or files from Attorney Candoo' s representation of the Respondent. Attorney
15
Cena and Attorney Candoo have shared office space but have been completely legally separate for all of
16
the time that they have occupied the same office suite. They have had, for the entire time, separate
17
18
assistants and staff and have kept their files in separate areas of the office space. At this time, any
remaining documents or files that Attorney Candoo retains concerning the Respondent, are kept in a
19
storage area separate from the shared office space. Attorney Cena has no access to that area. As such,
20
21
22
23
there is no conflict based on the Respondent's assertion that he met and spoke with Attorney Cena. If
theoretically such a conversation existed, any conflict would be involving Attorney Cena's representing
the Petitioner. The Petitioner in this matter has been aware of the office sharing arrangement between
24
Attorney Cena and Attorney Candoo from the beginning of Attorney Cena's representation of her. She
25
specifically has requested Attorney Cena to represent her. She has no concerns whatsoever that her
26
27
- Page - 3 -
28
THOMAS A. CENA,JR.
Attorney at Law
3929 Bridgeport Way W, Ste 304
University Place, WA 98466
(253) 572-5120
representation by Attorney Cena would or will be compromised in any way by the fact that he shares
3
4
5
6
Opposing counsel then argues that Attorney Cena and Attorney Candoo are longtime business
partners, yet two sentences later acknowledges their separate business statuses. Attorneys Cena and
Candoo are not business partners. They are each separate legal business entities, as evidenced by a
Washington State corporation search.
7
Opposing counsel also cites their shared financial obligations and claims they have an
8
9
10
11
inextricably linked fmancial relationship. In fact, the financial circumstances, including bank accounts,
payroll, taxes, insurance, association dues and all other financial matters are completely separate. The
only relationship between the two attorneys are that they are co-tenants on the lease for their office space
12
and jointly rent space to a sub-letting sole practitioner attorney. The only joint contribution that is made
13
is for the monthly lease payment and for the purchase of office supplies.
14
Respondent cites ten trial court cases as authority to support his motion to dismiss attorney Cena.
15
Petitioner has been unable to access the Washington State Superior Court cases in any county other than
16
that of Pierce County. The two Pierce County cases cited by Respondent are Vernon v. Buds berg, 02-2-
17
18
0114-9 and Loveridge v. Overby, 01-2-04395-7. The former case, Vernon, dealt with an attorney who
billed and received money from two clients with adverse interests in one case. The second, Loveridge,
19
dealt with a motion to dismiss an attorney based on prior representation. Attorney Cena has never
20
21
22
represented the Respondent in this matter.1 Respondent's authority is either inapplicable, irrelevant, or
definitively not authority.
With respect to the cases referred to above, there is no explanation of the facts, no application of
23
24
the facts, no argument, or application of the argument to the current case. In fact, Respondent does not
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Attorney at Law
3929 Bridgeport Way W, Ste 304
University Place, WA 98466
(253) 572-5120
reference the ruling in the majority of her cited cases, but instead refers to affidavits or declarations. As
Respondent discusses briefly discusses the standard for a disqualification for conflict of interest,
based on cited case law. However, none of the cases cited by opposing counsel are particularly on point.
5
6
Nor does opposing counsel actually cite language from the proffered cases with directive citations.
Intercapital dealt with an attorney who had actually met with potential clients for 2 hours, discussing
7
pertinent details and confidential information, before declining representation due to already representing
8
another client against the same defendant. That attorney was then associated with the law firm later
9
10
representing the defendant. Plaintiff moved for disqualification based on the previous meeting. The court
11
ruled both the attorney and law firm should be disqualified, do to access to confidential information.
12
Attorney Cena has no memory of ever talking to the Respondent and believes that he never did so.
13
Attorney Cena did not receive confidential information, nor had access to any confidential information,
14
15
First Small Bus. Inv. Co. of Cal. was a consolidated case with Intercapital heard by the
16
17
18
Washington Supreme Court. They overturned the appeal court's decision regarding disqualification based
on the standard that "there is no evidence McDonald or Jones,Grey and Bayley used any confidential
19
information obtained from ICO." First Small Bus. Inv. Co. of Calv. Intercapital Corp. of Or, 108 Wn.2d
20
324, 332 (1987). Again, this case is distinguishable because there has been no use of confidential
21
information obtained by Attorney Candoo, nor evidence that such use has occurred. Nor has there been a
22
specific allegation that Respondent provided any confidential information to Attorney Cena. Indeed, it
23
should be noted that there are no details regarding such a conversation, or what information Respondent
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25
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28
Firestorm addressed a situation where disqualification was ordered because plaintiff's attorneys
met with an expert that the Defendant claimed was their expert. The lower court ordered disqualification,
- Page - 5 THOMAS A. CENA, JR.
Attorney at Law
3929 Bridgeport Way W, Ste 304
University Place, WA 98466
(253) 572-5120
but the appeals court reinstated the representation, based on the expert approaching plaintiff's attorneys,
and exigent circumstances. Again, this case is distinguishable because there is no use of expert witnesses
4
Finally, opposing counsel cites a case that is clearly indistinguishable from the motion at hand.
5
6
Johnston dealt with a disciplinary proceeding by the Washington State Medical Disciplinary Board, a
quasi-judicial proceeding. Counsel, nor the court, should be in the habit of applying non-judicial
standards to judicial proceedings. Counsel is perplexed how such a case is relevant, and cannot even look
to opposing counsel's argument or application of said case, as there is none. Johnston facts were that 3
10
members of the 7 member disciplinary board had investigative powers, or were involved to a degree in
11
the investigation. In upholding the board's findings, the court stated that, alone, having investigative and
12
13
adjudicative powers was not enough to substantiate an allegation of violating the appearance of fairness.
14
15
ProtectionOrder
Respondent asks for a protection order from discovery so as not to tum over his financial
16
17
documents to counsel. This issue is inextricably tied in to the motion to dismiss, so much so that if the
18
motion to dismiss Attorney Cena is denied, the protection order, by necessity, must be denied. If the court
19
20
chooses to dismiss Attorney Cena, counsel concedes that there would be no objection to a protection
order from discovery, but also no requirement for one as well, since he would no longer be attached to the
21
case.
22
AttorneyFees
23
24
25
Respondent lastly seeks attorney fees of an undisclosed amount. Respondent's motion is brought
in error, is frivolous and should be denied. Consequently, Petitioner should be awarded her reasonable
26
27
above, this motion is baseless and must needs be denied. Respondent's motion is frivolous, vindictive,
Page - 6 THOMAS A. CENA, JR.
Attorney at Law
3929 Bridgeport WayW, Ste 304
University Place, WA 98466
(253) 572-5120
28
serves no aim other than to frustrate a legitimate proceeding, and completely baseless. Any award of
attorney fees should be to Petitioner for having to respond to-sueh- ridiculous motion.
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, - Page - 7 -
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E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 12 2014 12:17 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
SuperiorCourt of Washington
County of Pierce
In re:
DEBORAH J. DAHL,
10
11
Petitioner,
and
JAMES R. DAHL,
12
13
14
15
No. 02-3-02768-6
Respondent.
DECLARATION OF COUNSEL
FOR PETITIONER IN
RESPONSE TO THE MOTION
OF REPONDENT TO REMOVE
ATTORNEY FOR PETITIONER
I, THOMAS A. CENA, JR., do hereby certify and declare, under penalty of perjury,
under the laws of the State of Washington, that the following statements are true and correct, to
the best of my knowledge and belief.
16
1. Attorney Scott Candoo and I have shared office space, in four locations, for about 19
17
years. We have always been legally separate. We have worked together on only one matter,
18
19
20
about 10 years ago. That concerned preliminary work on a claim against a state agency. That
process and collaboration ended when the clients decided to engage another law firm. The
21
22
counsel or participate in any way after the clients left our office.
23
24
25
Declaration of Counsel -1
2.
2
3
4
Since we have separate practices, Mr. Candoo and I seldom, if ever, discuss legal
matters with the clients of the other attorney. The only circumstances which normally would
cause this to happen would be if the attorney who represented the client was unavailable, and
the situation constituted an emergency.
3. I have absolutely no recollection of ever discussing Mr. Dahl's matter with him. I
6
further very much doubt whether I did so. hi the very unlikely event that I did talk to him, I
7
retain absolutely no recollection of any such conversation. I further have no knowledge of any
8
9
10
fact whatever which Mr. Dahl intended to be confidential, or knowledge of any fact from any
such possible conversation at all.
I have absolutely no information which I would have acquired by reason of my office
11
12
sharing with Scott Candoo which in any way would prejudice Mr. Dahl.
4. The representation of Ms. Dahl began in the Spring of 2014. She knew Mr. Candoo
13
14
was Mr. Dahl's former attorney. She had no objection to my representing her in the present
15
matter.
16
17
I was contacted by counsel for the Respondent shortly after my representation of Ms.
Dahl began. I disagreed with counsel as to whether I was entitled to continue to represent Ms.
18
Dahl.
19
The allegations which have been filed in the past one or two weeks, concerning my
20
alleged conversations with Mr. Dahl were never mentioned until the current motion was filed,
21
22
on November 2, 2014. It seems odd that, if Mr. Dahl remembered conversations with me, that
23
24
25
Declaration of Counsel -2
the first allegations of such were made more than five months after my representation of Ms.
2
3
4
Dahl began.
5.
I have absolutely no recollection of having any conversation with Mr. Dahl or ever
having met him. I am informed that any remaining files or records concerning Mr. Candoo's
representation of Mr. Dahl are no longer in our shared office space. They moreover were absent
6
from the office space when I began my representation of Ms. Dahl. These are located in a
7
I have never under any circumstances viewed any file or record which was maintained
or developed concerning Mr. Candoo's representing Mr. Dahl.
Signed this fJ_ day of November, 2014 at University Place, Washington.
12
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Declaration
of Counsel -3
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 12 2014 12:17 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
4
5
6
7
Inre:
DEBORAH J. DAHL,
No. 02-3-02768-6
Petitioner,
10
and
11
DECLARATION OF FORMER
COUNSEL FOR RESPONDENT
JAMES R. DAHL,
12
Respondent.
13
14
15
16
17
Scott Candoo hereby declares under penalty of perjury by the laws of the state of
Washington following is true and correct:
I did represent James R. Dahl in 2003. During that time opposing party was Craig Beetham
and, as I recall, the matter was resolved in mediation Pierce County Center for Dispute Resolution.
To the best of my recollection at no time did I seek legal advice from Mr. Thomas Cena.
I have reviewed the declaration of Mr. Cena and agree with his description of our legal
18
interaction.
19
He and I have not discussed this case whatsoever. My file in this matter has been closed and
20
21
22
in storage for over a decade. Further, I've not discussthis with Mr. Cena whatsoever and I have no
independent recollection of any of the issues in this case.
23
24
25
Declaration of Former Attorney for Respondent -1
I also have no recollection of any circumstance in which there was conversation between
Mr. Dahl and Mr. Cena.
2
3
Signed this
~7815
6
7
8
9
10
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15
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Declaration of Former Attorney for Respondent -2
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 12 2014 12:18 PM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
Inre:
DEBORAH J. DAHL,
10
11
No. 02-3-02768-6
Petitioner,
and
JAMES R. DAHL,
12
Respondent.
PETITIONER'S RESPONSE TO
MOTIONS TO DISMISS,
REMOVE COUNSEL, FOR
PROTECTION ORDER AND
ATTORNEY FEES
13
14
15
16
17
I, DEBORAH J. DAHL, do hereby certify and declare, under penalty of perjury, under
the laws of the State of Washington, that the following statements are true and correct, to the
best of my knowledge and belief
1. Judgment for $6,031.48 (Reference.
Respondent's
18
My original Petition for Modification of support and for back support included a
20
21
22
contained in the child support order entered on March 26, 2004, at the time of the finalization of
23
the dissolution. After filing the petition, it became clear that that amount had in fact been paid.
24
25
Petitioner's Response -1
I have already acknowledged this in my declaration filed October 2, 2014 (Exhibit 1, at if7 and
2
2. Resolution of the Relocation matter in 2013 (Reference. RD, page 2, lines 9-17; page
5, lines 15-17).
The question of child support was not discussed or resolved during the proceeding for
6
relocation. In that process, including the settlement phase with Judge Stolz, Respondent and I
7
With one month prior to my relocation, my previous attorney, Eric Berg, and I were on a
9
10
time schedule to get the relocation taken care of and not child support. He advised that child
11
support should be a separate issue and not adding it to the relocation since I have only a short
12
period of time before the move. He agreed the child support issue should be filed separately. (I
13
obtained from Tom Cena as my new attorney due to personal issues with Eric was having, not
14
15
16
17
December 5, 2012. At Section 3.3 (Page 2) under the hearing "Child Support," Respondent's
18
The discussion with regard to health insurance regarded our daughter, Amanda, not
20
21
22
23
Elizabeth. I kept Amanda on my coverage because the Respondent could not provide specifics
with regard to his insurance concerning medical issues that Amanda needed to have covered.
1
24
25
Petitioner's Response -2
Since, for that reason, I kept Amanda on my insurance, I kept all three girls on because it cost
2
3
4
and raising the girls. I wanted to sell the house and Jim asked me to hang on to it and sell it
6
back to him. After a period of time talking about selling the house, we agreed and I sold it back
7
8
9
to him for $50,000 and he assumed the prior mortgage. He paid me $25,000 and I was told he
would give me the additional $25,000 within a year or so. When we went down to sign the
10
papers, he was in a hurry to get to work and said ''just sign the papers or I'll walk out the door."
11
I signed the papers to keep peace and not upset him. I received the first $25,000 that day and
12
have not seen the final payment of $25,000. The $25,000 was paid to me by Jim and was given
13
to him by his mother (she told me he had gotten the money from her). The payment was not a
14
courtesy from Jim, it was payment for the Contra Costa property.
15
16
Regardless of how Respondent characterizes the award of the Contra Costa property, in
our final decree and settlement, I received no more than one-half of the value of that property.
17
For that reason, no part of the $25,000 that I received can and should be credited to any child
18
4. History of Child Support Payments. (Reference. RD, Page 3, line 15-Page 4, line 19)
20
21
The history of child support paid by the Respondent is set out at Exhibit 2 of my
22
23
24
25
Petitioner's Response -3
Declaration of September 11, 2014, attached to this document as Exhibit 1. Respondent has
2
seriously underpaid his support obligation. With regard to other comments in the Respondent's
Amanda did not finish high school at the time although she did continue to live with me.
When I would ask Jim for child support, he would state "he didn't have it" or I would get a
6
check for less than the amount he was obligated to and he would say "it's all I have." Again, he
7
made life unhappy for the girls and tell them "your mother is taking all my money." They
8
9
10
11
would come home and tell me statements he had made and they would seem depressed. I did
not pursue additional support to keep him from being angry at the girls. I wanted him to not
take out his anger on the girls and just be nice to them, be a father.
12
Sarah granted from high school and was not sure she wanted to go to college. I did not
13
ask to modify the child support because he told me he would help pay for her tuition. He
14
15
16
17
The payment for $6,522.10 was payment and satisfaction of the judgment, as stated
above, for back child support incurred for the two years prior to the divorce being final, 2002 to
2004.
18
One very strong reason that I did not previously move to modify support was because
19
the Respondent was terrible to the girls, when he had them, and when he was angry. He made
20
21
22
them feel so bad that they would cry. Also, for a long period of time, I did not know that I was
permitted to ask to modify support.
23
24
25
Petitioner's Response -4
1
2
3
4
responsible for room, board, fees, travel and all other of her expense. The summary of costs of
6
6. Respondent's alleged over payments. (Reference. RD, page 5, line 1-page 6, line 9
8
9
10
11
expenses, less than half of the total of those expenses. The Respondent's "reduced" standard of
12
living has included his purchase of a BMW and a newer truck. His assertions of what his
13
support payments should be (e.g. $639.00, times a factor of 0.374) are ones he could have made
14
if he had moved to modify his support obligation, which has been his prerogative all along. It
15
also is difficult to determine what an appropriate amount of child support would be for the
16
17
Respondent as he refuses to provide his pay stubs and tax returns. Instead he asks the Court for
a protection order to allow him not to do so.
18
place for a short time. The contract for orthodontia (Exhibit 3) was signed on May 1, 2013.
The child had braces for about two years.
orthodontist on 4/2112011. The total amount paid to that orthodontist was $5,600.00. Both my
24
25
Petitioner's Response -5
older daughters had braces, in Washington, which cost more than Elizabeth's. Finally, the
2
In the revised parenting plan, after my relocation, Respondent was awarded visits every
month for a four day period in North Carolina. He has never exercised that portion of his
7
parenting time. The parenting plan additionally calls for Elizabeth to fly to Tacoma to visit
8
9
10
Respondent on specified holidays and for summer vacation. She has travelled to Tacoma on
those appointed times. However, several of her trips have been shorter in length at her request
11
and after discussions between Elizabeth and the Respondent. With regard to all of these trips,
12
the discussion has been between Elizabeth and the Respondent. The length of time for the visits
13
have been agreed between them. I do not decide the dates, I only purchase the travel tickets.
14
With regard to the Christmas visit, Respondent was to purchase air fare and it was up to
15
me to reimburse him. Previously, on the first trip to Tacoma, the ticket was also scheduled to be
16
17
purchased by the Respondent. The ticket was a last minute ticket, expensive and on a red-eye
flight. I was concerned since I was paying 75% of the fare. Elizabeth requested that I purchase
18
the tickets because I would get a better flight for her and not a red-eye. I corresponded with the
19
Respondent and he agreed to let me schedule her trips and that he would reimburse me for his
20
portion of the cost. Incidentally,I only received the reimbursement checks from the Respondent
21
22
23
for the summer of2014 and Christmas of2014 on November 10, 2014.
I
24
25
Petitioner's Response -6
9.
2
3
4
Attorney Fees.
As above-stated, I have scheduled a hearing before the Commissioner for modification
of support, post-secondary support for Elizabeth and for unpaid child support for December 11,
2014. These instant motions filed by the Respondent seem to be an attempt to short circuit or
effort and money to respond to these motions of the Respondent which I submit are frivolous. I
7
am asking that the Court award me my reasonable attorney fees in connection with my being
8
Signed this_
11
12
13
18
19
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22
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Petitioner's Response -7
of support, post-secondary support for Elizabeth and for unpaid child support for December 11,
2
2014. These instant motions filed by the Respondent seem to be an attempt to short circuit or
effort and money to respond to these motions of the Respondent which I submit are frivolous. I
am asking that the Court award me my reasonable attorney fees in connection with my being
9
10
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Petitioner's Response -7
TIWMAS A. CENA, JR
Attorney at La
3929 Bridgeport Way West, #30
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-450
E-MAIL: [email protected]
2
3
4
5
6
7
8
In re:
9
No. 02-3-02768-6
DEBORAH J. DAHL,
10
11
12
Petitioner,
and
DECLARATION
J. DAHL
OF
DEBORAH
JAMES R. DAHL,
Respondent.
13
I, DEBORAH J. DAHL, do hereby certify and declare, under penalty of perjury, under
14
15
the laws of the State of Washington, that the following statements are true and correct, to the
16
17
1.
18
19
20
21
NC and
At that time
she will still be in high school, a senior. I am also asking for the court to order Elizabeth's
father, James Dahl, to be responsible for post-secondary support for Elizabeth while she is
22
attending college.
23
24
25
Declaration of Deborah Dahl -1
XiUB\T-.. ::-__
f
2.
I am specifically asking for an order of support for Elizabeth, not only for her tuition
and college expenses but for her living expenses at school plus an amount to be paid to me
will continue
dependent child and will be a dependent adult when she turns 18.
She is a
income and will be completely dependent on me for her expenses. Her expenses will include
(but not be limited to) room, board, clothing, health care, transportation,
tuition, books,
attend to her post high school education. Elizabeth intends to study for a career in medicine.
9
Mr. Dahl, in his response to our petition, comments that post-secondary support was
10
11
12
13
formally petition for post-secondary support for Sarah. He did not want his employer to find
14
15
16
17
3.
She attended, in the summer of 2013, a 10-day youth leadership forum in medicine at the
18
19
Her eligibility to
20
attend the Johns Hopkins forum required her previous attendance at the University of North
21
22
23
Carolina event. Elizabeth wishes and is well qualified to pursue academic education after high
school graduation.
24
25
Declaration of Deborah Dahl -2
~XHl6ff__j_~
3
4
5
6
4.
The Child Support Order in effect now was entered March 26, 2014. It has never been
modified.
A principle reason for my not attempting until now to modify the child support
order has been that I knew that any attempt would be met with the most intense resistance from
my ex-husband.
Since I knew that Mr. Dahl would interpose as many obstacles and objections
that he could bring about to modifying support, I have refrained from asking for an increase
9
I have, however, never waived any claim which may exist to modify
10
11
12
that support order or to request a judgment for unpaid and delinquent support.
All sums
received by me from Mr. Dahl were received from him (and as often as not, by him giving the
13
check to one of the children to give to me), not from the Washington Support Registry. I have
14
15
16
willing to give Mr. Dahl credit for the amounts that he has paid.
17
support obligation to a great and significant extent and I request judgment for amounts owed.
Those amounts
18
19
5.
The 2004 order of support requires Mr. Dahl to pay the sum of 928.12 per month.
20
21
22
23
24
25
Declaration of Deborah Dahl -3
Although, at the time it was entered, the support order applied to our three children, Amanda,
2
3
4
Sarah, Elizabeth, the order does not break down or itemize support obligations among the
three children (Specific amounts for total support for each of the girls is set out in the
worksheets as is an amount of $400 per month for daycare). The support order itself has no
reference to daycare and simply states a specific "total" amount for the three children.
I am
completely unable to make sense of the statement Mr. Dahl puts in his response to the extent
7
that" ... he divided the total (which included an extra $400.00 for daycare that wasn't being
8
9
10
In paragraph 1.5 and 1.6 of his response to the modification petition, Mr. Dahl says
11
12
modification."
13
Mr. Dahl also did not address the issue of support. I never intended to waive or give up any
14
claim or opportunity to address support modification or seeking judgment for back unpaid
15
16
I did not mention the issue of support in the process of the relocation action.
support. I also realize and acknowledge that any modification of support can, at the earliest,
only begin with the date of my filing the current support modification petition.
The
17
18
7. It is hard for me to make sense of the statement of Mr. Dahl (paragraph 1.6) that
20
21
22
23
situation is that the 2004 order requires the Respondent to pay a total of $113,230.64
from
This
24
25
Declaration
of Deborah Dahl -4
declaration
as Exhibit 2.
myself to do anything but for him to follow the terms of the 2004 order.
paid all the support he has been ordered to pay and has not ever asked to change the amount
he is responsible to pay.
8.
I absolutely
did not "accept" the amounts paid by Mr. Dahl on a regular basis without
10
11
support, his comments were such as "I will make up the difference next month;" or "I will
12
pay you when I get my tax return;" or some other similar comment. Mr. Dahl requested that
13
I not use the child support registry and that he would give me the "rest of the support" which,
14
15
There were definite communications between he and I any time I received from him
16
17
18
check in an envelope to the children to give to me, so as to avoid this sort of conversation.
19
20
1
21
22
23
Although our original petition requests payment for the $6,031.48 judgment for unpaid support from the 2004
order, that obligation has been satisfied. In reviewing the court file, a satisfaction of judgment in the amount of
$6,552.10 was filed on September 4, 2012. That amount was received because it was a judgment and needed to
be paid out of escrow in a real estate transaction that Mr. Dahl was attempting. This judgment satisfaction was
to satisfy unpaid support from 2002 until March, 2004, during the time that our divorce proceeding was
pending.
24
25
Declaration of Deborah Dahl -5
There was indeed notice to Mr. Dahl with regard to support payments being deficient and
2
I certainly accepted what he paid because it was better than getting nothing on many
occasions.
you."
His comments were such as "that is all I have right now and I will make it up to
9. I have requested judgment for interest on the unpaid support in the amount of
$52,307.86.
Order.
10
11
This is calculated on the amounts owed subsequent to the entry of the 2004
$6031.48.
I have
calculated interest ascertaining the amount of unpaid support for each year and calculating
12
13
15
16
17
18
22
23
24
25
Declaration
of Deborah Dahl -6
tax ::Jerver
811LIL014
2:08:57
PM
PAGE
3/003
There was indeed notice to Mr. Dahl with regard to support payments being deficient and
2
I certainly accepted what he paid because it was better than getting nothing
5
6
'1S
011
many
you."
9. l have requested judgment for interest on the unpaid support in the amount of
$52,307.86. This is calculated on the amounts owed subsequent to the entry of the 2004
Order,
10
II
No claim is included for interest on the judgment amount form that order of
I have
calculated interest ascertaining the amount of unpaid support for each year ond calculating
12
interest from the end of that year to the time of filing. The interest calculation is therefore
1J
Signed this
20 l 4, at _J).J!l14/!1&:.
. . ~~1J)_fL_
IS
lli
17
_&J.mwj/J&
.
DEBORAH DAHL, Petitioner
19
20
21
22
23
24
25
Declaration of Deborah Dahl -6
Date 2004 Amt. 2004 Date 2005 Amt. 2005 Date 2006 Amt. 2006 Date 2007 Amt. 2007 Date 2008
8/10/04 (P
200
Mar-06
450
Feb-07
928
Jan-08
8/20/2004
400
Apr-06
928
Mar-07
928
Feb-08
1-May
900
Apr-07
928
Mar-08
Jun-06
600 6/1/2007 (
928
Apr-08
Jun-06
300
Jun-07
Aug-06
400
Jun-07
Sep-06
400 11/2007
Sep-06
Oct-06
Oct-06
Nov-06
Dec-06
(ft
620 10/1/2008
620
Oct-08
620 11/2008 (ft
Amt. 2008 Date 2009 Amt. 2009 Date 2010 Amt. 2010 Date 2011 Amt. 2011 Date 2012 Amt. 2012
620 1/1/2009 (
620
Feb-10
400
Jan-11
400
Feb-12
400
2/2009 (fo:
620
Mar-10
500
Apr-11
400
Aug-12
400
620
Aug-10
400
Aug-11
600
Oct-12
400
620 5/1/2009 (
620
Nov-10
300
Sep-12
400
620
Nov-10
300
Dec-12
400
620
Unknown
630
725
620
Sep-09
620
800
Cost of Attendance
Alumni
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Financial Aid
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Cost of Attendance
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Cost of Attendance
Welcome
2014-15
Cost of Attendance"
()
$46,200
Room
$8,240
Board
$4,398
$1,300
Personal expenses
$1,500
T ra nsportation
$900
$62
TOTAL
$62,600
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~~~~~~~~~
"-"'
SEE ALSO:
5885
This estimate of average total costs is used to determine need for financial aid, Students who
receive financial aid should consider "net cost" (cost of attendance minus total grants and
scholarships) in thinking about the actual cost of attending Wake Forest.
Use our Net Ptic" Calcul<.lillI to estimate your actual cost. The Net Price Calculator will not
estimate any merit scholarships that you may also receive. A significant number of students
receive $5,000 or more in additional scholarships, which further reduce the net price.
*All figures, other than full-time tuition and fees, are estimated averages, Bills for University
charges will reflect the actual costs incurred by an individual student, and may be for amounts
greater or less than this average, Information about required books and supplies for specific
courses is available at the Cmnpus Bookstore.
This estimate of costs does not include health insurance. Students who are not adequately covered
by their parents' health insurance policy will be required to purchase health insurance, Students
who are required to purchase health insurance may request additional loan assistance by
submitting the Health.lnsu r<ill.!.'..Ll&J.IL[~.l~
Form-Im.
FAFSACode
002978
==
''6f===
11 :23:59 AM]
Date:S/1/2013
Contract N~.313066
I
Patient:Elizabeth
Dahl
'
3. \Replacement Retainers.
~:
t\
;:
1.
2.
3.
4.
~:
Active Treatment
Estimated Insurance
Total Fee
5.
$148.00 for 8
Last Payment
j
i
:-:
'
No Chartre
$
:
!
$ll84.0)
$2,590.00
Advance notice of 48 hours is requested to cancel an appointment. There is a minimum charge of $35 for ~issed appointments.
$111. 00
$1295.00
$35
df scheduled appointments. A late fee of $25 will ~e charges for late payments.$25
There is a charge for all returned checks or drafts and thei!e will be NO further checks or drafts allowed forthis contract.
~
$32
ll&.
/GJ}'
&kt
Generally, active treatment is completed within th~ prescribed period. If treatment extends beyond the "estimated treatment time", dhe
to factors beyond the Doctor's control (such as m~sed or rescheduled appointments, lack of cooperation, excessive breakage of
\
appliances, poor oral hygiene, not following presc~\bed instructions, etc)., there may be an additional monthly charge of the current f~e
until treatment is complete.
:..
\.
$179 ;t&f:L
\'
Should it be necessary to enforce the provisions oflfuis Agreement through an attorney or by !~gal proceedings, the undersigned
.
promises to pay all cost of collection, including a r~asonable attorney's fee and all court costs. \The contracted fee must be paid in i
full before removal of the orthodontic applianc~ regardless of remaining and unpaid ins~rance benefits. Transfer fees,
I
collection fees, and /or discontinuation fees will be~harged in accordance with a "fees for services rendered" scale which includes anl
unpaid balance of the deferred down payment. Piere ask the financial coordinator for details.\
Initials_M_
The person who signs this agreement on behalf of th~ patient named above accepts sole responsiJ,ilityfor the full contract balance less an*
porti?n paid directly to the doctor by the patient's in~'U.ran~e company. *~If insurance does not cor.er orthodontic bene~~s,ismelled or\
terminated for any reason, I understand that I am res~ons1blefor the entire balance of the contract.
Initials
THIS PATIENT HAS COMPLETED DENT AL CLEANING, EhMINA T!ON AND NECESSARY TREATMENT. \
Initials_&.
I herby certify that I have read and received a copy of the foregoing disclosure statement. ~ agree to and accept the terms and
concli/l.uQ::~:re~.
_'Yd_Jff'!Af\
/O
lJ~
.A
J; 1-Date13
('
i;...
i :
i
I
2
3
4
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7
8
SuperiorCourt of Washington
County of Pierce
10
DEBORAH J. DAHL,
No. 02-3-02768-6
Petitioner,
11
and
DECLARATION RE SIGNATURE
ELECTRONIC DOCUMENT
ON
12
JAMES R. DAHL,
13
Respondent.
14
15
I, RHONDA L. DURHAM, declare under penalty of perjury, under the laws of the
16
State of Washington, that the foregoing electronic document attached to this declaration,
17
which consists of twenty-two (22), including this declaration page, is a complete and legible
18
19
image that I am have examined personally and that was received by me via email.
Signed this lib day of November, 2014 at University Place, Washington.
20
~~~
21
22
RHONDA L. DURHAM
23
24
25
Declaration
THOMAS A. CENA, JR
Attorney at La
3929 Bridgeport Way West, #30
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-4503
E-MAIL: [email protected]
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 12 2014 3:06 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
4
5
6
7
8
9
No. 02-3-02768-6
DEBORAH J. DAHL,
10
11
12
13
14
Petitioner,
and
JAMES R. DAHL,
Respondent.
STATE OF WASHINGTON)
SS.
15
County of Pierce
16
THOMAS A. CENA, JR., being first duly sworn on oath, deposes and says:
17
Below is an itemized listing of the time that I have expended in representing Ms. Dahl
regarding motions filed by the Respondent for protection order, to remove counsel, to
dismiss and for attorney fees; and motion by Petitioner to Compel Discovery.
22
23
24
25
Affidavit re Attorney Fees -1
THOMAS A. CENA, JR
Attorney at La
3929 Bridgeport Way West, #30
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-4503
E-MAIL: [email protected]
Date
Description
11/03/14
11/04/14
.80
.40
3
4
5
11/07/14
Time
11/07/14
.20
11/07/14
.30
11/07/14
.20
11/07/14
.70
11/07/14
.50
11/11/14
3.90
1.10
9
10
11
12
13
14
15
11/12/14
16
17
18
19
20
21
22
I
I
I
I
I
I
I
/
I
I
I
23
24
25
Affidavit re Attorney Fees -2
THOMAS A. CENA, JR
Attorney at La
3929 Bridgeport Way West, #30
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-4503
E-MAIL: [email protected]
11/12114
2
3
.20
TOTAL HOURS
8.70
Q~
8
9
10
NOTARY PUBLIC
in and for the State
Of Washington, residing at Tacoma.
11
12
My Commission Expires:
13
14
15
16
17
18
19
20
21
22
23
24
25
Affidavit re Attorney Fees -3
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 13 2014 9:33 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
8
9
SuperiorCourt of Washington
Countyof Pierce
Inre:
No. 02-3-02768-6
DEBORAH J. DAHL,
10
11
12
13
14
Petitioner,
and
JAMES R. DAHL,
Respondent.
STATE OF WASHINGTON)
SS.
15
County of Pierce
16
THOMAS A. CENA, JR., being first duly sworn on oath, deposes and says:
17
Below is an itemized listing of the time that I have expended in representing Ms. Dahl
regarding motions filed by the Respondent for protection order, to remove counsel, to
dismiss and for attorney fees; and motion by Petitioner to Compel Discovery.
22
23
24
25
Affidavit re Attorney Fees -1
Date
Description
11103/14
11104/14
.80
.40
3
4
Time
11/07/14
6
7
11107/14
.20
11/07/14
.30
11107/14
.20
11107/14
.70
11107/14
.50
11111/14
3.90
1.10
9
10
11
12
13
14
15
11/12114
16
17
18
19
20
21
22
I
I
I
I
I
I
I
I
I
I
I
23
24
25
Affidavit re Attorney Fees -2
11112114
2
3
.20
TOTAL HOURS
8.70
Q_a
5
6
7
8
l;;;:_f_
day
10
NOTARY PUBLIC
in and for the State
Of Washington, residing at Tacoma.
11
12
My Commission Expires:
5-/ /, . - /j
13
14
15
16
17
18
19
20
21
22
23
24
25
Affidavit re Attorney Fees -3
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
November 17 2014 8:42 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s),
NOTE FOR COMMISSIONER'S CALENDAR
vs.
JAMES R DAHL
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO:
Name: SANDRA E. JOHNSTON
Address: 705 S 9TH STE 104 TACOMA, WA 98405
Please take notice that an issue of law in this case will be heard on the date and time shown below:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Show Cause
Nature of Hearing: Child Support,CHLD~Child Support
DATED:
Signed:
NAME:
Phone:
(253) 572-5120
WSBA#:
For:
6539
Attorney for Plaintiff/Petitioner
1 of 1
I
02-3-02768-6
43643509
111. 11
11 I
ORCNT
11-17-14
3
4
(I;
u,
r-
6
7
Petitioner(s)
ORDER
(OR)
vs.
10
JAMES
R DAHL,
():
11
12
13
14
15
16
17
18
19
20
DATEDthis--0-ty
21
22
23
24
25
9-
of
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 08 2014 9:34 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
8
9
10
11
12
JAMES R. DAHL,
13
Respondent.
14
)
)
)
)
)
)
)
NO. 02-3-02768-6
DECLARATION OF ATTORNEY ERIC V. BERG
)
)
)
)
15
16
I, Eric V. Berg, declare as follows based upon my personal knowledge. I am an attorney licensed to
17
practice in the State of Washington, WSBA No. 28011. I was previously the attorney ofrecord for
18
petitioner Deborah J. Dahl in the above-captioned action. On April 1, 2013, I attended, as Ms. Dahl's
19
attorney, a settlement conference in connection with the above action before the Honorable Katherine M.
20
Stolz. Ms. Dahl's former husband (the father of the child whose custody was at issue) James Dahl, was
21
present and was represented by Sandra Johnston, who was also present. The parties reached agreement on
22
the issues and the Court entered, on April 1, 2013, its "Order re Modification/Adjustment of Custody
23
24
25
My understanding is that Ms. Dahl has since retained Mr. Tom Cena to represent her in connection
with, inter alia, her request for the Court's directive regarding past child support and post-secondary
At the April 1, 2013, settlement conference, there was no oral or written agreement that any
obligation - by either party- to pay any child support or post-secondary educational support was to be
6
released or modified. In fact, to the contrary the Relocation Order (which was initially drafted by Ms.
7
"Mother has taken a new job in North Carolina and.father agrees that the child may move
with her mother based on the residential schedule negotiated by the parties, without a
deviation/or his cost of travel or other costs and/or changes to the prior Order of Child
Support filed on March 26, 2004." (Emphasis added.)
10
11
12
The March 26, 2004, Order of Child Support to which the above court-ordered language refers
states, in pertinent part, at Paragraphs 3 .13 and 3.14:
Paragraph 3:13: "Support shall be paid ... until the children reach the age of 18, except as
otherwise provided below in Paragraph 3.14. "
13
14
Paragraph 14: "The right to petition/or post secondary support is reserved, provided that
the right is exercised before support terminates as set forth in Paragraph 3.13. "
15
16
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At the April 1, 2013, settlement conference, there was no agreement by the parties or their counsel
to deviate from the above-quoted Orders.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is
20
true and correct and that this declaration is signed on the date indicated below at&'/
21
Washington.
4// A._
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25
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 08 2014 9:37 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
NO. 02-3-02768-6
DECLARATION OF PETITIONER DEBORAH DAHL
IN OPPOSITION TO RESPONDENT'S MOTION
TO DISMISS AND FOR ADDITIONAL RELIEF
15
16
17
I, DEBORAH DAHL, do hereby certify and declare, under penalty of perjury, under the laws ofth
State of Washington, that the following statements are true and correct, to the best ofmy knowledge an
belief.
18
clarify issues concerning the Respondent's pending Motion to Dismiss my Petition for Modification o
20
Child Support, Unpaid Child Support and for Post-Secondary Support of our daughter, Elizabeth.
21
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2.
Child Support not settled during proceeding for relocation. (Reference Declaration of
During the negotiation and settlement conference prior to my relocation to North Carolina, th
discussion and negotiation was concerning relocation only and not child support. In fact, my previou
3
4
attorney, Eric Berg, advised me not to combine the child support issue along with the relocation one. M
ex-husband, Mr. Dahl, seemed to be in agreement with relocation until approximately one month prior t
the time of my move. I therefore had only a short period of time to bring the matter to court prior to m
6
Exhibit 1 shows a page of the Court's docket in this proceeding. Marked are the relevan
8
9
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documents concerning the relocation proceeding beginning in October of 2012. The Notice of Intende
Relocation of Children, filed by Petitioner, has no mention of any issue concerning support. Nor does th
11
declaration of James R. Dahl, the Respondent, filed on December 5, 2012. However, the Respondent'
12
document entitled Objection to Request for Relocation, filed December 5, 2012, does make reference t
13
child support. In the Respondent's document, filed by current counsel for Respondent, paragraph 3.3
14
entitled "Child Support" states "does not apply." The parenting plan later entered on April 1, 2013
15
contains no mention of child support. However, the order on modification, (Exhibit 2), also prepared b
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20
In connection with the Respondent's argument that the child support provision was settled durin
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negotiation for the relocation, please also refer to the Declaration of Attorney Eric V. Berg, dated Decembe
2, 2014 and filed herein.
Declaration -2
support, Respondent's counsel argued at the November 14, 2014 hearing, as follows:
Ms. Johnston: Well, it's too convenient that the - - Ms. Dahl got rid of the lawyer that
could address these issues because he was there. That's not Mr. Cena's fault but certainly a
good strategy to use ...
The allegation concerning the issue of child support being settled in the Respondent's favor durin
negotiations for the relocation of Petitioner and the parties' daughter, is completely without any basis i
fact.
10
11
At the settlement conference, we did not discuss :financialsupport. I did not ask the Respondent t
obtain health insurance for Elizabeth as she and our other two daughters were covered under my plan wit
12
my employer. At that time there was no discussion as to Mr. Dahl providing health insurance for Elizabeth.
13
After the relocation, in 2013, our other, older daughter, Amanda, experienced medical problems. She and
14
15
16
discussed the issue and if it would be beneficial for her to be on the Respondent's insurance since her out
of-network deductibles would be high.
17
information concerning his insurance, what was and was not covered. Amanda is an adult and he
18
participation on my insurance is not an issue here. Elizabeth is the subject of the current petitio
19
concerning child support. Any discussion regarding medical insurance was about Amanda.
20
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3.
Disposition of the Contra Costa house has no bearing on issues of child support.
if 3.2)
me to keep it in my ownership and possession because he eventually wanted it back. I did not convince hi
3
4
2, 3.3(2)). Despite language in the Decree, the Respondent did not want the property sold. He aske
to give me $25,000.00 if the house sold; it was never on the market. Our discussion was that I did not wan
to keep it any longer and was thinking of options. Respondent said he wanted the house. In September
2005, I sold the property back to the Respondent for $56,000.00 (Exhibits 3 and 4). He provided me with
6
The substance of the transaction was that Respondent was to pay me a ful
$56,000.00 for the property. He told me he would give me the rest later. He has paid nothing in addition t
8
9
10
the $25,000.00 on the basis of my sale of the property back to him. The Respondent has definitely no
overpaid me concerning the Contra Costa house. I have not "demanded" the remainder of what he owe
11
me. I have asked for it as a part of our agreement a number of times. Respondent's response has alway
12
been "I'll give it to you when I can," or "I thought I would give it to you when I sell the property," or som
13
other variation. I have sent Respondent emails as a repayment schedule for the remaining $25,000.00.
14
have always been cordial with him in trying to resolve this issue. As far as the source of the funds that I di
15
receive, the Respondent states he took the money from his credit cards. Whether or not this is true, hi
16
17
4.
18
In 2007, I did pursue support modification for Amanda prior to her turning 18, for post-second
20
educational support. I did this because the Respondent did not want to pay for her any longer. Amanda di
21
22
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24
25
not drop out of school. However, she did fail her senior year and did not want to continue her education
At this point, modification for post-secondary support was discontinued.
Declaration -4
current and future support (non-post-secondary), I did not know that I had the right to ask for tha
2
3
4
modification. The Respondent says that he has no idea why I dropped the modification petition fo
Amanda. He did in fact know. He knew I was seeking to modify support for Amanda's post-seconda
education. Again, I did not realize that I could have asked for a modified support order for the othe
It is simply false on the part of the Respondent when he states "almost ten years later" that he wa
7
paying more than he should have. He is not and has not overpaid. Again, also, he knew each child had he
8
9
10
11
own support calculation as this was set out in the original set of worksheets accompanying the 2004 chil
support order. This clearly states the support amount for each individual child.
The Respondent did not pay every other month for Sarah to attend Tacoma Community College.
12
have no record of him doing so. If he has done so, he should provide documentation of this. It is simpl
13
14
15
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17
Payment from the Respondent was given to me directly by check and sporadically. I never kne
when to expect it. Generally, it was given to one of the girls to give to me. I would hear comments lik
"It's all I have," "I can't give you anymore," "I'll make it up to you," and statements to the affect that
should be lucky to get what I got. Respondent specifically asked me not to go through DSHS because h
18
The Respondent accuses me of bringing my petition for support when the "support wagon is gettin
20
21
22
to run out." I am not doing so. The money that I am asking for is for the current, future and unpaid bac
support that the Respondent was ordered to pay.
23
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25
Declaration -5
To accuse me of not telling the Court I work as a research nurse for Wake Forest University. This i
2
3
4
simply not the case. At if 1.2(page 2 of the Notice of Intended Relocation that was filed on October 25,
2012, I stated exactly that. One part of that document is as follows: "I have been offered the job of Clinica
Nurse Manager with the new clinical and research program at Wake Forest. It is also untrue that Elizabe
will be able to go to college "virtually free of charge." There is a tuition concession for limited number o
6
schools but not all. Elizabeth may decide to go to a university that does not have tuition concessions. Also
7
the benefit is for tuition only, not room, board, fees, books, transportation and other expenses. All of thes
8
9
10
expenses will need to be taken care of by her, me and hopefully by the Respondent.
I am seeking a continuation in child support payments until Elizabeth graduates in June of 2015. A
11
that time, she will be 18. The Respondent states that if Elizabeth needs something that she knows that h
12
will help her. This may or may not be true. The Respondent has helped the older girls when it has bee
13
convenient, but not always. I have also helped the older girls with phone bills, rent, food and othe
14
expenses. Also, I am not asking for support for me, I am asking it for our daughter, Elizabeth. Th
15
Respondent wants support for Elizabeth to end when she reaches 18, limited to the payment of he
16
17
18
from the Respondent. The fact that I make more money than he does is also not a deciding factor. Chil
19
support is and was based on our combined incomes. It is true that Wake Forest did provide some funds fo
20
my relocation but not for all of those expenses. My expenses for the move was more than Wake Fores
21
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24
25
paid. I was out-of-pocket for the move. The question of the Respondent's financial need is not a part ofth
calculation or decision concerning child support, including past due unpaid child support.
Declaration -6
Attorney at La
3929 Bridgeport Way West, #30
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-4503
E-MAIL: [email protected]
"deteriorated" standard of living has included his purchasing a used BMW and a truck. I am also no
2
3
On Page 5, line 24 of his declaration, the Respondent calculates a theorical support paymen
obligation. This has nothing to do with the child support order entered in 2004. The support order state
6
the amount of child support that the Respondent owes per month.
opportunity and ability to ask for a modification of that support order. He has chosen not to do so.
8
5. Respondent has not paid all child support due nor has he made any overpaymentwith
9
10
11
12
show that, at the time of the declaration, the child support obligation on the part of the Respondent wa
13
$113,230.64.
14
15
16
Respondent had, by that time, paid $30,180.80. The arrears calculated by simple arithmetic
Moreover, the Respondent was ordered to pay to the Washington Support Registry in the 200
order. (2004 Support Order, paragraph 3.11). He has paid nothing through the registry.
I am howeve
17
willing to accept the amount that he did pay directly to me as a credit toward the debt which he now owes
18
The support order recites that interest on unpaid support should be 12% per annum.
19
There has been no agreement verbal or otherwise, with the Respondent where I have agreed tha
20
support that he has actually paid satisfies his obligation. On the spreadsheet (Exhibit 1 to my declaration o
21
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This sum excludes the Judgment for back support, set out in the September, 2004 support order, of$6,031.48, which has
been satisfied.
Declaration - 7
THOMAS A. CENA, JR.
Attorney at La
3929 Bridgeport Way West, #30
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-4503
E-MAIL: [email protected]
September 11, 2014), I have listed all the payments that he has made. The total of these is $30,180.80 a
3
4
As I have previously stated, the Respondent, since the entry of the 2004 support order, has alway
had the prerogative of requesting a modification of that order. He has chosen never to do so.
I have already stated in my previous declaration that I am not attempting to collect the sum of
7
$6,031.86 twice. This was the judgment included in the 2004 child support order for unpaid past du
8
9
10
support at the time the divorce was final. I do acknowledge that the Respondent has paid that and that
Satisfaction of Judgment has been entered with the Court. My calculations concerning past due support
11
including those set out above, do not include that amount or any interest on that amount. The Responden
12
also states that this amount ($6,031.86) was for back support during the time that he was laid off
13
Regardless of his employment circumstances prior to March 2004, there was entered by the Respondent'
14
agreement, the judgment for past due temporary child support in that amount. Respondent has paid tha
15
amount, has been given credit for it, and the discussion of this amount should be put to rest.
16
17
18
The Respondent's idea to drop Elizabeth from my insurance was not in the best interest o
20
21
22
23
24
25
Elizabeth. She still needed yearly exams, cleanings and other dental services. To drop her from m
insurance did not make sense. The Respondent agreed to the braces. It was not a purely cosmeti
procedure, her dentist recommended it because of issues with her bite.
Declaration -8
Finally, Respondent contradicts himself by stating his insurance would not cover an out-of-stat
2
child. Then previously he states that he could not put her on his insurance. Again, Elizabeth already ha
8.
My behavior has not been controlling. (Reference Declaration, Page 9, line 6, ff)
I have not engaged in constant demands and controlling behavior. I have attempted to solve
6
issues of back support peacefully with Respondent. Any time I brought this up, he labeled it a
7
"controlling." I am doing at this point what I believe is right. I have, over the years, asked th
8
9
10
11
Respondent to become current in his child support to no avail. The DSHS/DCS system was no
involved because Respondent asked me not to involve that agency. I did comply with the Respondent'
requests in that respect so that he would not have to worry about his employment.
The time Elizabeth travels to Seattle was determined between the Respondent and our daughter.
12
13
I have not been involved in these discussions and I advised Elizabeth to have discussions in this respec
14
directly with her father. She may not want to spend a full week in Tacoma. The only thing that I hav
15
requested is the dates for the visits, so that I could purchase tickets. After Elizabeth and the Responden
16
17
decided when she would travel, I would purchase tickets for her.' It is not "my way or the highway.'
The decision with regard to travel and length of stay has been between Elizabeth and the Respondent.
18
9. Attorney Fees. I have had to expend a large amount of money on attorney fees to respond to
19
the motion to dismiss this proceeding and the untrue allegations that no child support is owed. These fee
20
21
are entirely over and above those necessary and utilized to bring the underlying motion for modification o
22
23
24
25
Respondent was ordered to purchase the tickets. He waited until the last minute whereby the prices were very high and he
could only get a red-eye flight. Elizabeth requested I purchase the tickets because I would purchase the airfare ahead oftime
so as to get a reasonable airfare and not a red-eye flight.
Declaration -9
THOMAS A. CENA, JR.
Attorney at La
3929 Bridgeport Way West, #30
University Place, WA 9846
(253) 572-5120 Fax: (253) 593-4503
E-MAIL: [email protected]
support, post-secondary support and for judgment of unpaid support in arreasrs. The filings with respect t
2
3
4
this motion have been frivolous. They have been an attempt to circumvent the process of the legitimat
request for adjustment of support and for payment of back support. False allegations have been made t
support the Respondent's position. I am asking the Court to award me attorney fees that I have had t
Signed this __
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Declaration -10
Fax Server
12/8/2014
12:26:21
PM
PAGE
3/003
support, post-secondary support and for judgment of unpaid support in arreasrs. The filings with respect t
2
this motion have been frivolous. They have been an attempt to circumvent the process of the legitima
request for adjustment of support and for payment of back support. False allegations have been made t
9
10
II
12
13
14
15
16
l7
18
19
20
21
22
23
24
25
Declaration -10
81S'lil#WJ!fi:!S2SS~
2
3
4
5
6
SuperiorCourt of Washington
County of Pierce
8
9
Inre:
No. 02-3-02768-6
DEBORAH J. DAHL,
AFFIDAVIT OF ATTORNEY
RE FAX TRANSMITTAL
10
Petitioner,
11
and
12
JAMES R. DAHL,
13
Respondent.
14
15
STATE OF WASHINGTON )
SS.
16
County of Pierce
17
THOMAS A. CENA, JR., being first duly sworn on oath, deposes and says:
18
19
20
21
22
23
24
25
Affidavit
-1
3
4
5
6
7
<l
8
9
10
11
Tacoma.
~ / { /
My Commission Expires: !J.. . ,
- :./
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Affidavit
-2
L
MOTION TO COMPEL
06/10/2003
CERTIFICATEOF COMPLIANCE
Public
06/19/2003
NOTICE OF ABSENCELUNAVAILABILITY
Public
06/26/2003
MOTION TO STRIKE
Public
24
06/26/2003
Public
12
06/27/2003
Public
06/27/2003
~JUDGMENT
Public
07/29/2003
NOTICE OF ABSENCELUNAVAILABILITY
Public
07/29/2003
DISCLOSURE OF WITNESSES
Public
07/29/2003
SATISFACTION OF JUDGMENT
Public
08/06/2003
DISCLOSURE OF WITNESSES
Public
10/02/2003
Public
11/12/2003
Public
11/14/2003
Public
11/17/2003
Public
11/19/2003
SETTLEMENT CONFERENCEREPORT
Public
11/25/2003
Public
11/26/2003
Public
12/18/2003
NOTICE OF ABSENCELUNAVAILABILITY
Public
01/20/2004
NOTE OF ISSUE
Public
02/05/2004
ASSIGNED TO
Public
02/27/2004
NOTE OF ISSUE
Public
03/11/2004
NOTE OF ISSUE
Public
03/26/2004
Public
03/26/2004
PARENTING PLAN
Public
12
03/26/2004
03/26/2004
03/26/2004
03/26/2004
14
Public
Public
Public
DECREE OF DISSOLUTION
Public
Public
SATISFACTION OF JUDGMENT
Public
~SUMMONS
Public
Public
Sealed
12/14/2004
04/26/2007
04/26/2007
-~~.
Public
03/26/2004
09/30/2005
04/26/2007
INFORMATION
FORM
05/15/2007
NOTICE OF APPEARANCE
Public
07/16/2007
NOTICE OF ABSENCELUNAVAILABILITY
Public
1
1
11/16/2007
NOTICE OF ABSENCELUNAVAILABILITY
Public
09/04/2012
SATISFACTION OF JUDGMENT
Public
10/25/2012
Confidential
10/25/2012
Public
11
11/13/2012
RETURN OF SERVICE
Public
Sealed
CONFIDENTIAL
12/05/2012
INFORMATION
FORM
12/11/2012
0
0
0
0
0
0
0
12/14/2012
Public
01/24/2013
Public
01/24/2013
Public
01/28/2013
0
0
0
0
Public
NOTICE OF APPEARANCE
Public
NOTICE OF ABSENCELUNAVAILABILITY
Public
Public
11
SEALED JIS/JABS
Sealed
12/05/2012
12/05/2012
~2/05/2012
.-}12/05/2012
12/05/2012
12/11/2012
02/04/2013
03/11/2013
03/29/2013
03/29/2013
NOTICE OF APPEARANCE
Public
NOTICE OF ABSENCELUNAVAILABILITY
Public
Public
15
Public
ASSIGNMENT - RELOCATION
Public
RETURN OF SERVICE
Public
Public
2
2
REPORT
04/01/2013
Public
....
04/01/2013
PARENTING PLAN
Public
10
04/01/2013
ORDER ON MODIFICATION
Public
https://linxonline.co.pierce.wa.us/linxweb/Case/Civi1Case.cfm?cause_num=02-3-02768-6
EXHIBIT
2/5
\__
1 rn ~mniu1mw-1 ~
02-3..02768-6
40285928
-- ------
ORMDD
04-03-13
--
..,/
3
4
FILED
DE?T. ?.
IN OPEN COURT
A?R -12013
Pierce Co fy Clerk
8
9
10
13
No.
DEBORAH J DAHL
and
02-3-02768-6
JAMES R. DAHL
Respondent.
15
17
UTY
Order Re Modification/Adjustment
Of Custody Decree/Parenting
Plan/Residential Schedule
(ORMOD/ORDYMT)
Petitioner,
14
16
In re:
11
12
By-~~--
I.
Basis
This order is based on a petition for an order modifying the pnor custody decree/parenting
plan/residential schedule/judgment establishing parentage and an agreement of the parties.
18
II.
Findings
19
The Court Finds::
20
2.1
Jurisdiction
21
This court has jurisdiction over this proceeding for the reasons below
22
This court has exclusive continuing junsdiction. The court has previously made a child
custody, parenting plan, residential schedule, or visitation determination in this matter
and retains jurisdiction under RCW 26 27.211.
23
24
25
Ord re Mod/AdJ of Parenting Pin (ORMDD, ORDYMT) - Page 1 of 4
ORIGINAL
tXHIBrr_,_
22909
"1/4/2613
'3B035
1
This state is the home state of the child because: the child lived in Washington with a
parent or a person acting as a parent for at least six consecutive months immediately
preceding the commencement of this proceeding.
2
3
Washington was the home state of the child within six months before the
commencement of this proceeding and the child is are absent from the state but a parent
or person acting as a parent continued to five in this state.
4
5
The child and the parents or the child and at least one parent or person acting as a
parent have significant connection with the state other than mere physical, presence;
and substantial evidence rs available in this state concerning the child's care, protection,
training and personal relationships and the child has no home state elsewhere.
2.2
10
11
12
13
14
The following facts, supporting the requested modification, have arisen since the decree
or plan/schedule or were unknown to the court at the time of the decree or
plan/schedule:
15
16
Mother has taken a new job in North Carolina and father agrees that their
youngest daughter may move with her Mother based on the restdential schedule
negotiated by the parties, albeit the child's two older siblings (sisters) still reside
in Washington State.
17
18
19
2.3
20
21
2.4
22
23
24
2.5
25
Ord re Mod/Adj of Parenting Pin (ORMDD, ORDYMT) - Page 2 of 4
WPF DRPSCU 07.0400 Mandatory (7/2011)- RCW 26 09 260; .270,
26 10 200
1
This section only applies to a person with whom the child does not reside
majority of the time who is seeking to increase residential time.
2.6
4
The following non-residential aspects of the parentrng plan/residential schedule should
be adjusted because there rs a substantial change of circumstances of either party or of
the child and the adjustment rs in the best interest of the child:
5
6
Decision making.
7
Transportation arrangements.
8
9
2.7
10
11
The following substantial change has occurred in the circumstances of either party or of
the child:
12
13
Mother has taken a new job in North Carolina and father agrees that the child may move
with her mother based on the residential schedule negotiated by the parties, without a
deviation for his cost of travel or other costs and/or changes to the prior Order of Child
Support filed on March 26, 2004.
14
15
2.8
Protection Order
16
Does not apply
17
18
19
20
21
22
111.
It
ORDER
is Ordered:
The pennon to modify/adjust the custody decree or parenting plan/residential schedule is
granted. The custody decree or parenting plan/residentral schedule signed by the court
on this date and filed herewith is approved and incorporated as part of this order. This
decree or parenting plan/residential schedule supersedes all previous decrees or
parenting plans/residential schedules.
23
24
25
Ord re Mod/AdJ of Parenting Pin (ORMDD, ORDYMT) - Page 3 of 4
WPF DRPSCU 07.0400 Mandatory (7/2011) - RCW 26 09.260; 270,
26.10.200
22909
4/~/2013
~8~37
1
2
Other:
Pierce County Superior Court shall retain jurisdiction over this matter until the child
reaches the age of rnajonty and/or is no longer m need of support (including
post-secondary support).
4
5
6
7
Dated:~_l-f_._f._l
3~--
8
9
Pr:esented by:
10
,~
~
11
28011
Lf//; . .,
En V. Berg
Date
Sig ature of Party or Lawyer/WSBA No.
Atto ney for Petitioner
12
13
14
15
Date
16
17
F}LEO
o~frr. ,buR"f
18
\N oPr:.N C
19
~?R - 11\l\1
20
21
22
23
24
25
Ord re Mod/AdJ of Parenting Pin (ORMDD, ORDYMT) - Page 4 of 4
WPF DRPSCU 07 0400 Mandatory (7/2011) - RCW 26 09.260; .270,
26 10 200
Fam1lySoft
FotmPAK 2012
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MAIL TO:
_....Alp;RRECORPING
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I certify that I know or have satisfactory evide~~ethat-O~~ORAH J -, DAHL is the person who
appeared before me, and said person acknowledged that she signed ~hiffo.~truiitent and acknowledged it to
be her free and voluntary act for the uses and purposes mentioned i~ this fo~ti:limEl!lt.
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Dated:
q ;)Y -oi;
NotQrV Public
State of Woshiu;rr.n
ANTJE BALU ;.
My Appointment Expires ;:_,.,,, -;;
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09-26-2005 03:18pm RCAROVA
EXCISE COLLECTED:$1,005.70
PRO.FEE $0.00
PAT MCCARTHY, AUDIT~
COUNTY FEE $0. 00
PIERCE COUNTY, WA
STATE FEE $5.00
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Form No. 84--0001 B for Reponing Trarufers of Controlling Interest of Entity Ownership to the Department of Revenue)
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED
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02-3-02768-6
43789468
CME
12-15-1'1
0
0
.-.
~-)
Petitioner(s)
-J
vs
JAMES R DAHL
(\j
Respondent(s)
Judge/Commissioner: KA THERINE M. STOLZ
Court Reporter: KIMBERLY ONEILL
Judicial Assistant: LINDA SHIPMAN
...
(\j
,_,
DAHL, DEBORAH J
DAHL, JAMES R
SANDRA E. JOHNSTON
DAHL, AMANDA
DAHL. SARAH J
DAHL, ELIZABETH R
Memornadum
Pagel of 2
of Journal Entry.
..
02-3-02768-6
of Journal Entry
. .:r
r-i
()
(\j
December 12, 2014 09:44 AM - Respondent's motion for protection of financial discovery
argued by Respondent's counsel, Sandra Johnston and Petitioner's counsel, Thomas Cena, Jr. 09:
47 AM - Motion granted. Court retains jurisdiction for the modification.
End Date/Time: Dec 12, 2014 9:47 AM
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 15 2014 8:30 AM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
8
DEBORAH J. DAHL,
NO. 02-3-02768-6
Petitioner,
10
and
11
JAMES R. DAHL,
Respondent
12
13
To:
And To:
You and each of you will please take notice that Attorney Sandra E. Johnston will be
14
unavailable during the following dates and requests that during this time no pleadings or notices be
15
served either upon her or appearances be scheduled, which requires her or the client's attention either
16
in person, by pleading. Because Ms. Johnston is a sole practitioner, she also requests that no action
17
requiring her attention be initially noted or calendared for 2 days immediately following her
18
19
20
during her absence. Terms and sanctions will be requested should any matter requiring her attention or
21
attendance be scheduled as noted above in order for the client/ s to obtain the services of substitute
counsel to review the file, appear, file pleadings, and resist such matters as necessary, including the
22
24
25
Page 1of1
FAX 253-572-4137
-- .
--------
II
I.
~.-
' .
II
Ir
02-:}-02768-6
43789457
--- ----
11
12-15-!4
OR
2
3
4
5
l'I'"',
\_.!t
6
7
8
9
10
11
12
13
NO. 02-3-02768-6
Petitioner,
and
JAMES R. DAHL,
Respondent
14
15
THIS MATTER having come on regularly for hearing before the above-entitled court;
16
and the Respondent appearing in open Court by and through his attorney, Sandra E. Johnston,
17
and the Petitioner appearing, and having heard arguments from counsel, read the motion herein,
18
and therefore it is
19
ORDERED that
20
1.
21
flA"fH,
22
2. Respondent's motion to remove Attorney Cena due to a conflict of interest created by the
23
24
25
relationship of Mr. Dahl's former counsel herein, that is, Attorney Scott Candoo, is
GRANTED /-BEfvIB~;
ORDER RE DISMISSAL, REMOVAL, PROTECTION
OF FINANCIAL DISCOVERY & A WARD OF
ATTORNEY FEES & COSTS
Page 1 of2
ORIGINAL
253-272-0566;
FAX
253-572-4137
-.
1
3. Respondent's motion to protect his financial data from Attorney Cena is GRANTED I
2
3
4
(@
Dti~HISS~
4.
-r~
~motiorsfor Attorney's
lttspo~fs
11blc te Respondent on
01
...
bcm1 e
7
8
9
-..
.- 1
r..J
10
<,.,
11
12
(1
;i
13
14
15
16
17
DATED this
18
19
lz
20
21
Presented By:
22
Page2of2
\I I
D
(]
02-3-02768-6
43789475
CME
12-15-14
Petitioner(s)
d
VS
JAMES R DAHL
t\J
Respondent(s)
".,
U)
~...
(\]
DAHL, JAMES R
SANDRA E. JOHNSTON
DAHL, AMANDA
DAHL, SARAH J
DAHL, ELIZABETH R
Proceeding
,.,.<o
Resolution:
//
l.
( \\~
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'\\t\, \
i 1,.\\\\.\
'
1:0
02-3-02768-6
0
0
DEBORAH J DAHL
vs
JAMES R DAHL
!-,
KATHERINE M. STOLZ
MINUTES OF PROCEEDING
Start Date/Time: Dec 12, 2014 9:18 AM
-..t
~-1
()
(\I
.O
December 12, 2014 09:18 AM - Respondent's motion to dismiss and motion to remove
attorney argued by Respondent's counsel, Sandra Johnston and Petitioner's counsel, Thomas
Cena, Jr. 09:43 AM - Respondent's motion to dismiss is denied. Respondent's motion to remove
Atty T. Cena, Jr. granted. Attorney fees/costs reserved. Court sets an Assignment to Set Trial
Date for 1/23/15 at 9:00 a.m.
(\J
End Date/Time: Dec 12, 2014 9:43 AM
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 16 2014 3:00 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
2
3
4
5
6
7
8
NO. 02-3-02768-6
Petitioner,
10
11
and
NOTICE OF WITHDRAWAL
AND SUBSTITUTION OF
COUNSEL
JAMES R. DAHL,
Respondent.
12
TO:
AND TO:
AND TO:
JAMES R. DAHL
SANDRA E. JOHNSTON, his attorney of record
CLERK OF THE COURT
15
YOU AND EACH OF YOU please take notice that the under-signed, whose
16
address is stated below, hereby withdraws as Attorney of Record for Deborah J. Dahl, the
17
18
YOU ARE FURTHER notified that Sophia M. Palmer of the law firm of Benjamin
19
& Healy, P.L.L.C., located at 1201 Pacific Avenue South, Suite C7, Tacoma, WA 98402
20
21
Copies of all further documents and proceedings herein, except original process,
22
shall be served upon the substituted Attorney of Record along with all others above named.
23
24
25
26
BENJAMIN &HEALY
A ProfessionalLimited Liability Company
ATTORNEYS AT LAW
1201 Pacific Ave Suite C7
TACOMA, WA 98402
PHONE 253-512-1196
FAX 253-512-1957
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
3
4
5
6
7
8
9
No. 02-3-02768-6
DEBORAH J. DAHL,
DECLARATION RE SIGNATURE
ON ELECTRONIC DOCUMENT
10
11
12
Petitioner,
and
JAMES R. DAHL,
13
Respondent.
14
15
I, RHONDA L. DURHAM, declare under penalty of perjury, under the laws of the
16
State of Washington, that the foregoing electronic document attached to this declaration,
17
which consists of three (3) pages, including this declaration page, is a complete and legible
18
image that I am have examined personally and that was received by me via email.
19
"
20
21
RHONDA L. DURHAM
22
23
24
25
Declaration
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 18 2014 11:08 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
8
9
10
NO. 02-3-02768-6
DEBORAHJ. DAHL,
11
Petitioner,
and
12
JAMES R. DAHL,
13
Respondent
DECLARATION OF ATIORNEY
SANDRA E. JOHNSTON RE
PETITIONER'S FAILURE TO
STIUKE SHOW CAUSE IN
COMMISSIONER'S COURT
14
testify regarding the contents herein, over the age of 18, and make this declaration on personal
16
knowledge.
17
On December 12, 2014, Judge Stolz kept jurisdiction of this matter and instructed the
18
Petitioner to strike her show cause currently set in Commissioner's Court for December 24,
19
20
2014. Judge Stolz set a return to her Court for January 23, 2015 in order to determine a setting
21
for a full hearing on support modification, support past the age of 18 and post-secondary support.
22
During that hearing Attorney Cena was also instructed to withdraw from the Petitioner's matter.
Attorney Cena failed to strike Petitioner's motion prior to his withdrawal from this
23
24
matter.
25
DECLARATION OF ATIORNEY SANDRA E.
JOHNSTON RE PETITIONER'S FAILURE TO
STRIKE SHOW CAUSE IN COMMISSIONER'S
COURT
Page 1 of2
253-272-0566;
FAX
253-572-4137
2
3
On December 16, 2014, Petitioner obtained new counsel, Sophia Palmer, for this matter.
That same day I emailed her regarding the above listed information, asking her to strike
Petitioner's show cause motion. I attempted to reach Ms. Palmer again today without success.
My office will be closed the last two weeks of December, including Christmas Eve. My
5
notice of absence is filed herein. Petitioner's motion is still pending in Commissioner's Court.
6
Respondent does herby give notice that if Petitioner appears for the current setting in
7
8
9
10
11
12
13
Commissioner's Court on an exparte basis, Respondent will seek his fees and costs before Judge
Stolz for having to subsequently address Petitioner's contempt of the Court's order and
instruction.
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
Signed and sworn in Tacoma, Washington on
s 18th day of
14
15
16
17
18
19
20
21
22
23
24
25
Page2 of2
253-272-0566;
FAX
253-572-4137
J ~
THE STATE OF WASHINGTON
ERCE COUNTY
r=.
02-3-02768-6
44071365
02-04-15
ORACS
No. 02-3-02768-6
'1
I.
DEBORAH J DAHL
ORDER AMENDING
CASE SCHEDULE
Petitioner(s)
vs.
Type of Case:
Estimated Trial (days}:
Track Assignment:
Assigned Department:
Docket Code:
JAMES R DAHL
Respondent(s)
i<':
tf;
DIC
1
Dissolution
02 - Judge KATHERINE M. STOLZ
ORACS
Defendant's/Respondent's
Disclosure of Primary Witnesses
EP1 2
01'
~~~~~~~~~~~~~~~~~~~-1-~o-~:c0Uv..~,-~~~~~~-
06/30/15
_D_is_c_1o_s_ur_e_o_f_R_eb_u_tt_a1_w_itn_e_s_se_s_.
07121/15
,_\tl oPE''
~--~co---~-1U\~..._ __ ,
_D_e_a_dl_in_e_fo_r_F_il_in_g_M_o_tio_n_t_o_A_dJ_u_st_T_ri_a_lD_a_te
(\j
r L.0
Discovery Cutoff
Exchange of Witness and Exhibit Lists and Documentary
Exhibits
06/02/15
=" -~.~.....,,
~------~~----------------7'--f\u;i,i~--~----------
1(.
i, j
05/19/15
0_81_0_41_1_5
09/08/15
09/22/15
09/22/15
Week Of 10/06/15
Week Of 10/13/15
Trial
10/20/15 9:00
Unless otherwise instructed, ALL Attorneys/Parties shall report to the trial court at 9:00 AM
on the date of trial.
NOTICE TO PLAINTIFF/PETITIONER
If the case has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendant(s) with the summons and
complaint/petition: Provided that in those cases where service is by publication the plaintiff shall serve the Case Schedule
within five (5) court days of service of the defendant's first response/appearance. If the case has not been filed, but an
initial pleading is served, the Case Schedule shall be served within five (5) court days of filing. See PCLR 3.
NOTICE TO ALL PARTIES
All attorneys and parties shall make themselves familiar with the Pierce County Local Rules, particularly those relating to
case scheduling. Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions
appropriate to the violation. If a statement of arbitrability is filed, PCLR 3 does not apply while the case is in arbitration.
DATED: 2/3/15
~- ..
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR PIERCE COUNTY
No. 02-3-02768-6
l'i")
ORDER AMENDING
CASE SCHEDULE
Petitioner(s)
vs.
JAMES R DAHL
Respondent(s)
Li,
CC:
SANDRAE. JOHNSTON,Atty
Sophia May Palmer, Atty
L\l
1\j
'-,
(\J
Page 2 of 2
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
February 19 2015 2:55 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
2
3
4
5
6
7
Superior Court of Washington
County of Pierce
9
10
In re the Marriageof:
11
Petitioner,
12
and
13
14
I.
15
16
No. 02-3-02768-6
Motion
Based on the declaration below, the undersigned moves the court for a temporary order which
orders child support as determined pursuant to the Washington State child support statutes.
17
18
Dated:
19
20
21
22
23
24
25
Mtn/Decl for Temp Ord (MTAF) - Page 1 of 4
WPF DR 04.0100 Mandatory (6/2014)- RCW 26.09.060; .110; .120; .194
II.
Declaration
2
I am asking the court to set temporary support in the amount of $974.31 commencing
3
January 1, 2015.
4
Our most recent order of child support was entered March 26, 2004. It requires James to
5
pay child support for our three children in the amount of $928.12 per month. Two of our three
6
children are no longer dependent and therefore no longer subject to the support order.
7
However, our youngest child, Elizabeth is in her final year of high school, still living at home, and
8
still dependent.
9
Pursuant to the March 26, 2004 order, support terminated as follows:
10
13
11
14
12
15
13
16
3.13
TERMINATION OF SUPPORT.
Support shall be paid:
17
14
18
15
19
16
Thus, pursuant to this order, Elizabeth's support terminated January 1, 2015. However,
17
I filed the instant action in June 2014, well before support terminated. Because her support has
18
terminated under the existing order, and trial' is not set in this matter until October 2015, I am
19
asking the court to set temporary support in the amount of $974.31.
20
JAMES' INCOME
21
James is paid bi-weekly, for a total of 26 times per year. In calculating James' income, I
22
used his 12/12/2014 paystub it reads as follows:
23
24
1
25
Because James has raised the issue of reimbursements that Judge Stolz deemed too complex to be
heard on the Commissioner's docket, an actual trial is going to be held in this matter in October 2015 to
determine what exactly is owed, and what reimbursements, if any, James is entitled to.
Mtn/Decl for Temp Ord (MTAF) - Page 2 of 4
BENJAMIN & HEALY
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
A Professional Limited Liability Company
ATTORNEYS AT LAW
1201 Pacific Ave Suite C7
TACOMA, WA 98402
PHONE 253-512-1196
FAX 253-512-1957
$21,090.65
$1,283.84
$54,268.58
Mileage
Bonus payout
$750.00
Safety Bonus
$794.75
Triples
$6.71
$641.92
Unused sk PY
Vac Payout
$1,557.20
Vacation
$3,114.40
$83,508.05
However, because he received one more paycheck for 2014 which has not yet provided,
Regular
Holiday
4
5
6
10
Regular
Holiday
11
Mileage
Bonus payout
12
Safety Bonus
Triples
13
Unused sk py
14
Vac Payout
Vacation
15
16
17
18
19
20
$21,090.65 +25
$843.63
$1,283.84
$54,268.58 +25 $2,170.74
$750.00
$794.75
$6.71
$641.92
$1,557.20
$3,114.40
$83,508.05
$86,522.42
$7,210.20
I took the average of his regular and mileage pay by dividing his YTD totals by 25 (the number of
pay periods thus far) to get his per paycheck average. I then added those amounts to his 12/12/14 YTD
total to reach an annual gross income of $86522.42 or $7210.20 per month. However, there may
additional income he received as I do not know if he has received any other additional income for 2014
such as safety bonus, triples, etcetera.
21
The only deduction I included was his $68.96 contribution to his 401 (k). This results in net income
22
23
24
25
Mtn/Decl for Temp Ord {MTAF) - Page 3 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
2 .I l. 7 .I 2 0 l. G
4.
4. 4.
7 l.
DM
DAC.
:w:
7 '004.
1
MVINCOME
I am paid a monthly salary of $n35.00. From that, the following is deducted: federal income
taxes, FICA1 North Carolina income taxes, health and dental premiums, a 2% mandatory 403(b) payment,
MQth r
- .1:!..i1.,_.:.__
$7,7:;15.0D
8
9
10
11
Also included In my proposed child support worksheets, ls the costs I pay for Elizabeth's
12
medical premiums and dental premiums as follows: the cost for my medical coverage is $105
13
and $325 when I add Elizabeth, making the portion for covering just her $220.00. The cost for
14
my dental coverage is $19 and $46 when I add Elizabeth, making the portion for covering just
15
her $27.
16
Based on the foregoing the monthly transfer payment should be !974.31.
I
17
CONCLUSION
18
I ask the court enter a temporary order of support requiring James to pay $974.31. I ask
19
the start date be January 1 , 2015.
20
21
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
22
Signed at
23
24
w~l,i Labrt..
~0::._:!'
~":J!..-~
Jt\)~L
NC,, JOf1ded-i18'JO~~y
laws :;';he
of
perjury
~D-e".""tb~or"""'a..,h"'!D~a-h-1-.......~~.,~-...-..i....._
electronic
declaration, which consists of ~
S'
complete
'!)"j(Jd':::!_
25
Mtn/Decl for Temp Ord {MTAF) -Pape 4 of 4
under
and legible
page(s) is a
253-512-1957
or
Dated''--~""-""'"--
~~~~e~~~!!!!l~l\..--A
the
Si.te
of Washington, that the foregoing
document(s)
attached
to
this
via
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
February 19 2015 2:55 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.
JAMES R DAHL
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO OPPOSING PARTY:
Name: SANDRA E. JOHNSTON
Address: 705 S 9TH STE 104 TACOMA, WA 98405
Please take notice that the undersigned will bring on for hearing a motion for:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion
Nature of Hearing: Other MOTION FOR TEMPORARY ORDERS
PARTY SETTING HEARING SHALL CONFIRM BY NOON TWO COURT DAYS PRIOR TO HEARING
Submitted by:
DATED:
Signed:
NAME:
Phone:
(253) 512-1196
WSBA#:
For:
37799
1 of 1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
February 25 2015 8:30 AM
l
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
6
7
8
DEBORAH J. DAHL,
Petitioner,
10
and
ll
JAMES R. DAHL,
Respondent
12
13
MOTION
14
15
E. Johnston, and moves this Court for an order continuing the hearing currently set for February
16
1.1
18
19
Respondent further moves the Court for the payment of his actual attorney's fees, which he
has incurred and will incur as a result of having make said motions. An affidavit of fees will be
21
22
Page l cif 3
2
3
4
DECLARATION
I, Sandra E. Johnston, Attorney for Respondent, do declare as follows. I am competent to
testify regarding the contents herein, over the age of 18, and make this declaration on personal
knowledge. Finally, I do hereby adopt by reference those attachments hereto.
On or about Thursday, February 19, 2015, Attorney Palmer and I discussed whether a
6
motion for temporary orders would be appropriately brought before Judge Stolz. I informed Ms.
7
Palmer that it was my belief that the Court wanted to hear testimony on it prior to extending child
8
support beyond the child's 18 birthday, as the order limiting child support to age 18 was an agreed
9
order entered ~y the lJarties and material to my client's entry ofsaid order. I told Ms. Palmer that was my
10
11
12
understanding from the hearing before Judge Stolz on 11/14/14, regardless of what she read to me
from the subsequent hearing on 12/12/14 and one of the reasons why we were both surprised that
13
the trial was set October 20, 2015 (although being mindful and sympathetic of the Court's already
14
15
I asked Ms. Palmer to set her hearing for some time in the middle to end of March (as would
16
be the normal calendaring if we were to have the matter heard in Commissioner's Court as would be
17
the ordinary course but for the Court keeping jurisdiction of the matter). I explained that I was
18
preparing to go out for a special set criminal trial on Tuesday, March 3rd. Apparently Ms. Palmer
19
ignored my request and set it for her first available Friday, on February 27, 2015.
20
21
Also on February 19th, I immediately called Kim O'Neill, the Court Reporter for this matter,
and left a message requesting a transcript of the 11/14/14 hearing. She emailed me that she was out
22
ill, but would let me know when she would be back and available. See attached email.
23
On Friday, February 20th, I informed Ms. Palmer of Ms. O'Neill's unavailability and asked
24
her to re-note her motion. That day, I also discovered that I was previously set to do a property
25
examination near Ashford, Washington (almost an hour and a half away) at 10:00 am on Friday the
MOTION & DECLARATION OF ATTORNEY
SANDRA E. JOHNSTON RE RESPONDENT'S
MOTION TO CONTINUE
Page 2 of3
2
3
4
5
zr: and will certainly not be available if I must depart at 8:30 am on February zr:
I made Ms.
On Tuesday, February 24, 2015, I did not hear back from Ms. Palmer. Nor have we
7
received word of whether Ms. O'Neill has recovered. Wednesday, February 25, 2015 is our
B
response deadline per the current motion setting, which Respondent will be unable to meet.
9
I am not available to meet with Mr. Dahl prior to his filing deadline. I am also not available
10
11
12
13
for the hearing currently set for Friday, February 27, 2015. I am a solo practitioner. There is no
one available to stand in my place for said hearing or to meet with Mr. Dahl on such short notice.
I ask that the transcript be made available prior to having the matter heard.
I ask that it be
14
re-noted for March 27, 2015, or later, as that is my first available date now in March. Finally, I ask
15
for attorneys' fees for the hour it took me to respond to and ask for this courtesy (of continuance);
16
especialfy in light of the signfficanty additionaltime (almost two months~vast her dead/in~). which Rtspondentqfforded
17
Ms. Dahl to answer inteTTOgatories, for which it appears that we must also bring a motion to compel
18
answers for missing data. Hearing these matters together will best effectuate judicial economy and
19
20
21
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
22
23
21~~
24
a E. Johnsto /
SA #27313
ey for Respo de t
25
Page 3 of3
253-272-0566;
FAX
253-572-4137
Sandra E. Johnston
From:
Sent:
To:
Subject:
"""'"<:"------ ( { z s }15
Sandra,
I have not yet spoken to my client. I will try to do so today.
Regards,
Sophia
Sophia M. Palmer
Attorney at Law
Benjamin & Healy, PLLC
Attorneys at Law
1201 Pacific Avenue, Suite C7
Tacoma, Washington 98402
Phone: (253} 512-1196
Fax: (253} 512-1957
This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. secs. 2510-2521, and is legally privileged
and confidential. If the reader of this message is not the intended recipient, the reader is hereby notified that any
unauthorized review, dissemination, distribution, or copying of this message is strictly prohibited. If you are not the
intended recipient, please contact the sender by reply e-mail or call the sender at (253) 512-1196, and destroy all copies
of the original message
From: Sandra E. Johnston [mailto:[email protected]]
Sent: Friday, February 20, 2015 3:46 PM
~----------To: Sophia M. Palmer
Cc: [email protected]
Subject: FW: 1n re the Marriage of Dahl and Dahl
2(ZD/ 15
Sophia:
I still have heard back from you regarding my reasonable request to set over your motion. My client was very patient
with your client's failure to promptly provide interrogatory answers, by over a month (and I still don't have her
answers}. Now I find that I was scheduled weeks ago for a property inspection on the
As I have already told you, I
will not be available on your motion date. I will have my legal assistant show up with my declaration and a for
continuance if I must. There is only one of me and I gave you my objections prior to your filing. With all of the extra
time I gave your client to answer her interrogatories, I do not believe she will have clean hands if you insist on appearing
on the 27th. I will seek fees if I must hire another lawyer to appear to continue this matter. Please re-note your motion
zz".
Kind Regards,
S41141M. E. ~
Attorney At Law
1
n".
Kind Regards,
Sdlltllr4. E. ,.,_,,
Attorney At Law
The Law Office of Sandra E. Johnston
705 S. 9th Street, Suite #104
Tacoma, Washington 98405
Office: 253-2 72-0566
Fax: 253-572-4137
Z/ttt/r5
Hello, Sandra,
This is Kim O'Neill. You had called and left me a detailed message on this case. I did get your message. I called
remotely for it from home. I am very ill with pneumonia right now and am off work on doctor's orders. I am
hoping to get back on Monday, but we'll see. I'll have to look into this after I get back, and I'm very sorry for the
delay. I know you have a dilemma! LOL. ...
I guess I have a dilemma, too, so we both have dilemmas right now ... oh, gosh, it hurts to laugh .....
Take care,
Kim O'Neill
Court Reporter
The Honorable Katherine M. Stolz
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
March 03 2015 10:49 AM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.
JAMES R DAHL
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO OPPOSING PARTY:
Name: SANDRA E. JOHNSTON
Address: 705 S 9TH STE 104 TACOMA, WA 98405
Please take notice that the undersigned will bring on for hearing a motion for:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion
Nature of Hearing: Other MOTION FOR TEMPORARY ORDERS
PARTY SETTING HEARING SHALL CONFIRM BY NOON TWO COURT DAYS PRIOR TO HEARING
Submitted by:
DATED:
March 3, 2015.
Signed:
NAME:
Phone:
(253) 512-1196
WSBA#:
For:
37799
1 of 1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
March 05 2015 2:50 PM
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
DEBORAH J DAHL
No. 02-3-02768-6
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.
JAMES R DAHL
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO OPPOSING PARTY:
Name: Sophia May Palmer
Address: 1201 Pacific Ave Ste C7 Tacoma, WA 98402-4393
Please take notice that the undersigned will bring on for hearing a motion for:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion
Nature of Hearing: Other COMPEL, FEES, AND CONTINUE MOTION FOR TEMP SUPPORT
PARTY SETTING HEARING SHALL CONFIRM BY NOON TWO COURT DAYS PRIOR TO HEARING
Submitted by:
DATED:
March 5, 2015.
Signed:
NAME:
SANDRA E. JOHNSTON
Phone:
(253) 272-0566
WSBA#:
For:
27313
1 of 1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
March 04 2015 8:30 AM
1
KEVIN STOCK
COUNTY CLERK
2
NO: 02-3-02768-6
3
4
5
6
7
8
DEBORAH J. DAHL,
NO. 02-3-02768-6
Petitioner,
10
and
11
JAMES R. DAHL,
Respondent
12
13
To:
And To:
You and each of you will please take notice that Attorney Sandra E. Johnston will be
14
15
unavailable during the following dates and requests that during this time no pleadings or notices be
served either upon her or appearances be scheduled, which requires her or the client's attention either
16
in person, by pleading. Because Ms. Johnston is a sole practitioner, she also requests that no action
17
requiring her attention be initially noted or calendared for 2 days immediately following her
18
19
20
during her absence. Terms and sanctions will be requested should any matter requiring her attention or
21
attendance be scheduled as noted above in order for the client/ s to obtain the services of substitute
22
counsel to review the file, appear, file pleadings, and resist such matters as necessary, including the
request for a motion to continue.
23
25
SANDRA E. JOHNSTON
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
March 04 2015 8:30 AM
1
KEVIN STOCK
COUNTY CLERK
NO: 02-3-02768-6
3
4
5
7
B
DEBORAHJ. DAHL,
NO. 02-3-02768-6
Petitioner,
10
and
11
JAMES R. DAHL,
Respondent
12
13
14
COMES NOW Respondent, James R. Dahl, by and through his attorney of record, Sandra
15
E. Johnston, and moves this Court for an order continuing the hearing currently set for March 13,
16
17
18
19
2015 due to the unavailability of counsel during the day (2 week criminal trials back-to-back - See
State v Maass cases) and the unavailability of Mr. Dahl at night due to his work schedule.
Respondent further moves the Court for the payment of his actual attorney's fees, which he
20
has incurred and will incur as a result of having to make said motion. An affidavit of fees will be
21
22
25
Page 1 of2
FAX
253-572-4137
DECLARATION
2
3
4
am not available to meet with Mr. Dahl prior to his filing deadline. I am a solo practitioner. There
7
is no one available to stand in my place for said hearing or to meet with Mr. Dahl on such short
B
notice and I must focus on the current criminal trials, which are 2012 cases (the defendant has two
9
cases that the Court wants to be tried back-to-back) and will be assigned out as soon as a Courtroom
10
is available because they are three years old (and perhaps the oldest on the list).
11
12
13
Again, I ask that the opposing parties' motion be re-noted for March 27, 2015, or later, as
that is my first available date now in March. Finally, I ask for attorneys' fees for the hour it took me
14
to respond to and ask for this courtesy (of continuance); especial/yin light ofthe significantfy additionaltime
15
(almost two monthspast her dead/in~). which RespondentffffordedMs. Dahl to answer interrogatories, for which it
16
appears that we must also bring a motion to compel answers for missing data and for having to file
17
a second motion regarding my unavailability. Hearing these matters together will best effectuate
18
19
20
21
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
Signed and sworn in Tacoma, Washington on
22
23
24
25
Page2 of2