Declarations And Orders Sifferman V. Sifferman 04 3 02210 1

Pages 252
Views 0
of 252
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Description
----. - . - .. --- -,, e t ·· - -~ '= ' r.:: ~ 04 SEP 24 P~1 4: l 2 SUPERIOR COURT OF WASHINGTON FOR SNOHOMI-Sif.\: 4 . t ã t 1 CefUNTY …
Transcript
----. - . - .. --- -,, e t ·· - -~ '= ' r.:: ~ 04 SEP 24 P~1 4: l 2 SUPERIOR COURT OF WASHINGTON FOR SNOHOMI-Sif.\: 4 . t • t 1 CefUNTY " " -..::;;:. - ""~ ! GREGORY SIFFERMA CAUSE NO.: 04-3-02210-1 (PETITIONER) COMMISSIONER: ARDEN J. BEDLE AND CLERK: HEATHER HOTTINGE~ SUSAN SIFFERMAN DATE: 09/24/04 @ 9:00 AM (RESPONDENT) DIGITALLY RECORDED THIS MATTER CAME ON FOR: SHOW CAUSE HEARING CONTINUED/HEARING DATE SET AND CALENDAR/CONTINUANCE CODE: ··q /29/04 @ 9 AM (Dl) HCNTU ACTION: PRESENTATION OF ORDERS; AND ECONOMIC ISSUES ACTION: CONFIRMED/ COURT HEARING STRICKEN/CODE: PETITIONER APPEARED: YES RESPONDENT APPEARED: YES GUARDIAN AD LITEM APPEARED: NOT PRE SENT DOCUMENTS PILED: ORDERS ENTERED: PROCEEDINGS/COURT'S FINDINGS: THE USUAL AND CUSTOMARY RESTRAINING ORDERS TO ENTER, INCLUDING NEITHER PARTY ARE TO USE OR POSSESS ALCOHOL OR DRUGS Al-l'D ARE ONLY TO TAKE PRESCRIBED MEDICATIONS IN T HE AMOUNTS REQUIRED BY A PHYSICIAN. NEITHER PARTY ARE TO DISCUSS THIS LITIGATION OR THE OTHER PARENT WITH, OR IN FRONT OF THE CHILDREN. ALL OF THE CHILDREN EXCEPT THE TWO YEAR OLD ARE TO BE IN THERAPY. NONE OF THE INFORMATION THE CHILDREN DISCLOSE IN THERAPY IS TO BE USED AS EVIDENCE. THE EVALUATOR MAY USE THIS INFORMATION AS A BASIS FOR HIS/HER OPINION. NEITHER PARTY ARE TO HAVE ANY SIGNIFICANT OTHERS AROUND THE CHILDREN. THE COURT APPOINTS A PARENTING EVALUATOR WITH A Ph.D. LEVEL EDUCATION IN LIGHT OF THE ISSUES IN THIS CASE. BOTH PARTIES ARB TO PARTICIPATE IN ANY OTHER EVALUATIONS, TESTS, SERVICES OR CLASSES RECOMMENDED BY THE PARENTING "'\ EVALUATOR. (5! \) ~ 1 DOMESTIC MINUTE ENTRY •' • • #04-3-02210-1; GREGORY SIFFERMA & SUSAN SIFFERMAN BOTH PARTIES ARE TO DISCLOSE ALL ACCOUNTS AND PROVIDE COPIES OF ALL BANK STATEMENTS. EACH PARTY rs TO KEEP DIARY OF THEIR PARENTING FUNCTIONS WHILE THE CHILDREN ARE WITH THEM. THE COURT FINDS RESPONDENT HAS BEEN THE PRIMARY RESIDENTIAL PARENT. THE COURT RESERVES FINDING A LIMITATION ON PETITIONER AND FINDS RESPONDENT HAS A LIMITATION REGARDING HER USE OF ALCOHOL IN THE PAST. IT IS NOT CLEAR WHETHER RESPONDENT'S MENTAL HEALTH ISSUES HAVE HAD A LONG TERM OR IMMEDIATE EFFECT ON HER PARENTING ABILITIES. THE COURT DESIGNATES RESPONDENT AS THE PRIMARY RESIDENTIAL PARENT AND SHE rs TO RESIDE IN THE FAMILY HOME WITH THE CHILDREN. PETITIONER IS TO HAVE RESIDENTIAL TIME WITH THE CHILDREN WHEN RESPONDENT IS IN TREATMENT AND ON ALTERNATING WEEKENDS. PENDING THE NEXT HEARING, RESPONDENT rs TO BE IN THE FAMILY HOME WITH THE CHILDREN WHILE PETITIONER IS AT WORK DURING THE DAY. PETITIONER IS TO EXIT THE HOME THIS WEEKEND SO RESPONDENT MAY BE WITH THE CHILDREN. AT THE NEXT HEARING A MOVE DATE WILL BE DETERMINED FOR PETI TIONER TO VACATE THE FAMI LY HOME . RESPONDENT I S TO PROVIDE WEEKLY PROOF OF HER TREATMENT AND ATTENDANCE AT ALCOHOLICS ANONYMOUS. RESPONDENT IS TO CONTINUE SUBMITTING TO RANDOM URINALYSIS TESTING WEEKLY. THE COURT RESERVES THE FINANCIAL ISSUES TO THE NEXT HEARING. BOTH PARTIES ARE TO SUBMIT CONCRETE FINANCIAL PROPOSALS. THE COURT DOES NOT AWARD ANY ATTORNEY FEES. BOTH PARTIES ARE TO HAVE ACCESS TO $5,000.00 FROM THE SAVINGS ACCOUNT FOR THE PURPOSE OF THIS LITIGATION AND ATTORNEY FEES. A CHECK IS TO BE PROVIDED TO EACH ATTORNEY'S TRUST ACCOUNT FOR THAT PURPOSE. BOTH PARTIES MAY PARTICIPATE WITH THE CHI LDREN'S EVENTS . IF RESPONDENT HAS A RELAPSE THE COURT WILL ENTERTAIN I MMEDI ATE EX PARTE ORDERS. 2 DOMESTIC MINUTE ENTRY F\LED ... - f'L,\ ... ~ (.J ~"\1•4...,{. [~!: : • SUPERIOR COURT OF WASHINGTON FOR SNOHOMISH COUNTY~ GREGORY SIFFERMAN CAUSE NO.: 04-3-02210 - 1 (PETITIONER) COMMISSIONER: ARDEN J. BEDLE AND CLERK: HEATHER HOTTINGER SUSAN SIFFERMAN DATE: 10/25/05 AT 9:00 A.M. (RESPONDENT) DIGITALLY RECORDED THIS MATTER CAME ON FOR: MOTION TO MODIFY TEMPORARY FINANCIAL SUPPORT CONTINUED/HEARING DATE SET AND CALENDAR/CONTINUANCE CODE1 lvERONICA FREITAsl ACTION: HEARING STRICKEN/CODE: PETITIONER APPEARED: YES COUNSEL1 RESPONDENT APPEARED: YES COUNSEL: GUARDIAN AD LITEM APPEARED: NOT PRESENT FACILITATOR PRESENT: NO DOCUMENTS P'ILED: ORDERS ENTERED: STIPULATION AND AGREED ORDER; AND OR ~~~ SULLIVAN. PROCEEDINGS/COURT'S FINDINGS: THE COURT FINDS DESPITE RESPONDENT'S PROTESTATIONS, THERE IS NOT MUCH EVIDENCE THAT SHE HAS MADE EFFORTS TO IMPLEMENT HER VOCATIONAL PLANS. THE COURT DOES NOT REQUIRE RESPONDENT TO PRODUCE DOCUMENTS IDENTIFYING HER EFFORTS TO SEEK RE - TRAINING OR EMPLOYMENT AT THIS POINT. THE COURT ALSO FINDS IT IS CLEAR THAT PETITIONER IS SUPPORTING RESPONDENT'S PARTNER . THE COURT FINDS RESPONDENT'S PARTNER LIVES IN THE FAMILY RESIDENCE AND ENJOYS THE USE AND BENEFITS OF THIS HOUSE, WHICH IS NOT APPROPRIATE. THE COURT FINDS IT APPROPRIATE THAT BOTH PARTIES ENJOY THE USE OF ASSETS AND IT NOT REASONABLE TO DEPLETE ONE PARTY'S ASSETS AND NOT THE OTHER PARTY ' S ~~ ASSETS. 1 DOMESTIC MINUTE ENTRY #04-3-02210-1; GREGORY .AND SUSAN SIFFERMAN THE COURT CHANGES THE REQUIREMENT THAT PETITIONER PAY THE MORTGAGE FOR THE FAMILY RESIDENCE. RESPONDENT IS TO BE RESPONS IBLE FOR THIS MORTGAGE. PETIT IONER IS TO CONTINUE TO ~iANAGE THE OTHER HOMES . EACH PARTY IS TO HAVE ACCESS TO ONE-HALF OF THE BROWN ACCOUNT THAT EXISTS . THIS MAY BE SEGREGATED IF AGREED UPON AND AVAILABLE TO DO SO . THE PARTIES MAY ALSO LIST THIS AS A PRE-TRIAL DISTRIBUTI ON . 2 DOMESTIC MINUTE ENTRY • 2 ' ( 3 4 I ~11111111 IHI I 3 5 \ 6 7 SUPERIOR COURT OF WASHINGTON SNOHOMISH COUNTY 8 9 In re the Marriage of: 10 GREGORY ALAN SIFFERMAN NO. 04 3 Q 2 2 J0 1 Il Petitioner, MOTION/DECLARATION FOR 12 EX PARTE RESTRAINING and ORDERANDFORORDERTO 13 SHOW CAUSE SUSAN BETH SIFFERMAN (MTAF) 14 15 Respondent. 16 I. MOTION 17 Based upon the declaration below, the undersigned moves the court for a temporary order and 18 order to show cause. 19 20 1.1 EX PARTE RESTRAINING ORDER. 21 A temporary restraining order should be granted without written or oral notice to the other party or the other party's lawyer because immediate and irreparable injury, loss, or 22 damage will result before other party or the other party's lawyer can be heard in 23 opposition. This order should restrain or enjoin: 24 The husband and wife from transferring, removing, encumbering, concealing or in any way disposing of any property except in the usual course of business or for the necessities 25 of life and requiring each party to notify the other of any extraordinary expenditures 26 made after the order is issued. 27 28 MTN/DECL FOR EX PARTE RESTRAINING ORD O'LOANE, NUNN & GUTHRIE (MTAF) - Page I A Professional Llmiud Liability Company 2707 Colby Ave., Suile 1204 WPF DR 04.0150 (712003) - CR 65 (b); RCW 26.09.060. P.O. Box 5519 Evertll, WA 98206-5519 (425) 258-6860 ORIGINAL Fu (425) 259-6224 3 • • The husband and wife from molesting or disturbing the peace of the other party or of any child. 2 3 The husband and wife from removing the residence of any of the children from the state 4 of Washington. 5 6 The husband and wife from assigning, transferring, borrowing, lapsing, surrendering or changing entitlement of any insurance policies of either or both parties whether medical, 7 health, life or auto insurance. 8 9 The other party should be required to appear and show cause why these restraints should not be continued in full force and effect pending final determination of this action. 10 11 1.2 OTHER EX PARTE RELIEF. l2 Order that the husband shall be the parent with whom the children reside until the hearing l3 and visit with their mother on a supervised basis only. 14 15 1.3 SURRENDER OF DEADLY WEAPONS. 16 Does not apply. 17 18 1.4 OTHER TEMPORARY RELIEF. 19 The wife should also be required to appear and show cause why the court should not 20 enter a temporary order which: 21 Orders a reasonable amount of maintenance for the wife. 22 Approves the parenting plan which is proposed by the husband. · 23 Makes each party immediately responsible for their own future debts whether 24 incurred by credit card or loan, security interest or mortgage. 25 26 27 28 MTN/DECL FOR EX P ARTE RESTRAINING ORD O'LOANE, NUNN & GUTHRIE (MTAF) - Page 2 A Professional Limited liability Compun)' 2707 Colby Ave., Suitt 120" WPF DR 04.0150 (712003)- CR 65 (b); RCW 26.09.060. P.O. Box 5519 Everett, WA 98206-5519 (425) 258-6860 Fax(425)2594)224 • • Authorizes the family home to be occupied by the husband and requires the wife 2 to vacate the family home. 3 4 O'LOANE, NUNN & GUTHRIE P.L.L.C. 5 6 Dated: August 11 , 2004 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MTN/DECL FOR EX PARTE RESTRAINING ORD O'LOANE, NUNN & GUTHRIE A Professional Lim/red Uability Company (MT AF) - Page 3 2707 Colby Ave.•, Suite 1204 WPF DR 04.0150 (712003) - CR 65 (b); RCW 26.09.060. P.O. Bo15519 Evcrcll, WA 98206-5519 (425) 258-6860 Fu (415) 259-6224 - --- - - - I 2 II. DECLARATION 3 4 2.1 INJURY TO BE PREVENTED. 5 The ex parte restraining order requested in paragraph I. I above is to prevent the 6 following injury [define the injury]: 7 My wife has a severe alcohol problem and many other mental health issues. The order is sought to maintain the status quo and to prevent dissipation of assets or removal of our 8 children from the jurisdiction of the court. 9 10 2.2 REASONS WHY THE INJURY MAY BE IRREPARABLE. 11 This injury may be irreparable because: 12 Once assets are dissipated they may be difficult or impossible to regain. 13 14 2.3 CLEAR AND CONVINCING REASONS WHY WEAPONS SHOULD BE 15 SURRENDERED. 16 Does not apply. 17 18 2.4 REASONS FOR A TEMPORARY ORDER. 19 It is necessary that the court issue a temporary order with the relief requested m 20 paragraph 1.3 above for the reason set forth below: 21 Background. Beth and I have known each other for 21 years and have been married for 22 15 of those years. We have three beautiful children, Lauren, age 9; Zachary, age 5; and 23 Annalisa, age 2. We have built a good life together as far as our finances. We own a 24 home and three rental homes. We have investments. I have made a good income in the 25 26 mortgage business over the past few years and have provided well for my family. My 27 28 MTN/DECL FOR EX PARTE RESTRAINING ORD O'LOANE, NUNN & GUTHRIE (MTAF) - Page 4 A Professional Limited Liability Company 2707 Colby Ave., Suite 1204 WPF DR 04.0150 (7/2003) - CR 65 (b); RCW 26.09.060. P.O. Box 5519 Everelt, WA 98206-5519 (425) 258-6860 Fax (425) 259-6224 wife was a stay at home mother to our children. To all on the outside, we appear to be the 2 perfect couple. The truth is much different than that outer picture. That being said, I do 3 not want my marriage to end. I love my wife. I have stood by her through many ups and 4 downs. But events have culminated to a crisis point over the last few months and I feel I 5 6 have no choice but to file for a Legal Separation and to seek primary care of our children. 7 8 When we met, Beth had an eating disorder, anorexia, and also suffered from depression. 9 I believed it had been cured and we went on to build our relationship and our life 10 together. After the birth of our first child, Lauren, Beth's depression and anorexia kicked 11 12 in and she began to regularly see a psychiatrist. About seven years ago, Beth began to 13 drink alcohol to a level that I believed was becoming a problem. She was depressed and 14 threatened suicide. I disclosed these threats to her parents and mine because I was so 15 afraid something would happen, and no one but I would know she had made these 16 17 threats. Beth continued seeing a psychiatrist and was being treated for anorexia and 18 depression. She continued to drink against the advice of her psychiatrist and the 19 warnings on the labels of the drugs she was taking for depression and anorexia. 20 21 Beth had a severe car crash on 1-5 in September 2003. She refused a breathalyzer but 22 23 somehow only ended up with a reduced driving charge instead of a DUI. Prior to that 24 incident, she had been drinking at a Tupperware party at my sister's home. She had the 25 kids with her. On the way home, she ran the car into a curb and smashed the tire. She 26 27 28 MTNffiECL FOR EX PARTE RESTRAINING ORD O'LOANE, NUNN & GUTHRIE (MTAF) - Page 5 A Professional Limited Uability Company 2707 Colby Ave., Suire 1204 WPF DR 04.0150 (7/2003) - CR 65 (b); RCW 26.09.060. P.O. Box 5519 Everett, \VA 98206-5519 (425) 258-6860 Fax(425)259-6224 called my sister who came and picked up the kids from Beth and called me. I went and 2 helped with the tire. About three and a half years ago, Beth crashed into the open door of 3 a parked car door in the middle of the day. She was accused of drinking but the police 4 were never called. Recently, Beth has picked up my son from preschool at noon with the 5 6 smell of alcohol on her breath. She has also had Annalisa with her during these times. 7 8 Beth's drinking and neglect has caused damage to our marriage in significant ways. Beth 9 drank through all three pregnancies. Our son has fused vertebrae on his neck. As a result 10 he cannot turn his neck to the left. This is a birth defect that I fear could have been 11 12 related to the alcohol abuse, although that has never been proven. While pregnant with 13 our youngest daughter Annalisa, Beth was on bed rest for the final three (3) months of the 14 pregnancy. Beth continued to drink even while she was on bed rest. Her own mother 15 confirmed this to me, as she was helping us during this time. In the spring of 2004, she 16 17 has left Zachary alone in our house with a sleeping Annalisa while she went to get 18 Lauren. While his mother was gone, Zachary left our house and showed up at the 19 neighbor's house with Annalisa left all alone at our house. Recently Annalisa was left 20 unattended while Beth was upstairs. A neighbor found our two year old wandering the 21 subdivision and nearly crossing out into the busy street leading to our development. He 22 23 took her home to discover Beth had been drinking. CPS was then called by this neighbor 24 or one of the other neighbors on June 16th. The reporter (to CPS) also stated that my wife 25 26 27 28 MTNffiECL FOR EX PARTE RESTRAINING ORD O'LOANE, NUNN & GUTHRIE (MT AF) - Page 6 A Professional Limited Uability Company 2707 Colby Ave., Suite 1204 WPF DR 04.0150 (7/2003) - CR 65 (b); RCW 26.09.060. P.O. Box 5519 Everett, WA 98206-5519 (425) 258-6860 Fax (425) 259-6224 ------------ - - - frequently walks around the neighborhood hammered. She also lets Zachary play 2 unattended in our cul de sac. 3 4 The night of the CPS incident, I came home from a golf outing to find Beth had given 5 6 herself a time out in our bedroom. She had locked herself in our bedroom and was fast 7 asleep and the children were left unattended. I got them ready for bed. Our nine year old 8 is the most effected by this behavior. She wrote her mommy a letter about her treatment. 9 A copy is attached. I have arranged for Lauren to start seeing a.counselor. 10 11 12 On July 23rd Beth entered three days of detox at Swedish Hospital in Ballard and then a 13 one month in-patient treatment at Residence 12. They are recommending upon her 14 discharge that she continue in out-patient treatment three days per week and that she 15 attend an AA meeting every day for 90 days. After she entered into treatment, I 16 17 discovered by looking at phone bills that my wife began an affair in May 2004 just after 18 our 15th anniversary. She was obsessively calling this guy over and over on the phone. 19 He denied the affair to me when I asked him, but Beth admitted it. She thinks it is no big 20 deal and I should get over it. To me it is a total violation of our marriage vows and I 21 cannot trust her any more. This event has brought me out of the denial I have been in 22 23 regarding the severity of Beth's alcohol abuse and mental illness. I have asked Beth to 24 enter into joint counseling with me when she gets out of treatment. However, she needs 25 to work on her alcoholism and mental health issues before we can work on our marriage. 26 27 28 MTNillECL FOR EX PARTE RESTRAINING ORD O'LOANE, NUNN & GUTHRIE (MTAF) - Page 7 A Professional Limited UabUily Company 2707 Colby Ave.• Suile 1204 WPF DR 04.0150 (7/2003) - CR 65 (b); RCW 26.09.060. P.O. Box 5519 Everett, WA 98206·5519 (425) 258-6860 Fax (425) 259-6224 The alcoholism is very severe. Beth hides alcohol around the house, including in our 2 head board to our bed. She drinks mostly vodka with V-8 or Ruby Red juice or wine. She 3 is the wonderful woman I married every morning but she begins to drink early in the day 4 and by the time I return from work she is someone else. She becomes argumentative and 5 6 hostile. She frequently hides in her room with her cocktails. I had hired a nanny for 7 Mondays to give Beth a day off from the kids. Beth usually spends large parts of that day 8 drinking in her room with the door locked. I have found drinking or wine glasses in our 9 room at the end of the day. Twice a month she goes to see her psychiatrist and then has 10 lunch/dinner (with drinks) with her brother and then drives home under the influence. 11 12 13 The mental health issues are as scary as the alcoholism. Beth currently suffers from 14 Depression, Anorexia and Anxiety. She takes medication for all three (3) mental 15 illnesses; most of the medications warn Do Not Mix with Alcohol as it could cause 16 17 drowsiness. In addition she has begun to cut herself. Just before entering the treatment 18 facility Beth removed her socks in our bedroom and showed me how she had used a steak 19 knife to cut herself between each toe. In May 2004, she cut her ankles and also cut her 20 wrists. She is on medications but I believe the alcohol has an inhibiting effect on those 21 medications. I am concerned that she has not been truthful with her psychiatrist and that 22 23 she is not being properly treated because he does not have the full story. I ask that she 24 undergo a complete psychological evaluation at my expense with either Dr. Lisa 25 Adriance of Everett or Dr. Elizabeth Milo, of Seattle. 26 27 28 MTNffiECL FOR EX PARTE RESTRAINING ORD O'LOANE, NUNN & GUTHRIE (MTAF) - Page 8 A Professional LimiJed liability Company 2707 Colby Ave., Suite 1204 WPF DR 04.0150 (7/2003) - CR 65 (b); RCW 26.09.060. P.O. Box 5519 Everett, WA 98206-5519 (425) 258-6860 Fax (425) 259-6224 Beth will say that I have been mean to her and abusive. I admit we have had some 2 arguments where our voices have raised. The kids are often not fed when I come home 3 late from work even at 8 p.m. She does not keep up with housework. I work hard and 4 long hours. I have never hit Beth. In September 2003 during an argument my belly 5 6 grazed against hers and she lost her balance and fell back into the chair where she had 7 been sitting. She overreacted and panicked and ran to the telephone. I apologized and 8 asked her to put the phone down. I reached for the phone and she pulled it away and the 9 phone accidently hit her on the chin. Four (4) years ago, I physically removed her from IO our bedroom during an argument because she would not stop yelling at me and was 11 12 drunk, and I needed to get some sleep. I did not mean to hurt her by grabbing her arms 13 but she is anemic and bruises easily. Beth called 911 and I was arrested at I 0:30 p.m. 14 The domestic violence charges were later dropped. During all of our arguments that I 15 have ever had with Beth, Beth has been intoxicated and would not simmer down or agree 16 17 to stop the argument and discuss things when she was sober. She becomes an aggressive 18 person when she is drinking, almost possessed with her arguing, to he point where I 19 cannot end the argument because she becomes so irrational. 20 21 Reasonable amount of maintenance for the wife. There are several options for Beth in 22 23 terms of where to live.
Advertisements
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x