Sifferman V. Sifferman 04 3 02210 1 Casefile Part 5

Pages 139
Views 2
of 139
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
F \l ED 2 Lll\lq DEC - 3 M'I 9: I.ii 3 c:c-H /l. KRt,S\,i 4 0 ;-.g~g~(iKCc\EWt>-sH 5 6 SUPERIOR COURT OF WASHINGTON 7 SNOHOMISH COUNTY 8 In re the…
Transcript
F \l ED 2 Lll\lq DEC - 3 M'I 9: I.ii 3 c:c-H"/l. KRt,S\,i 4 0 ;-.g~g~(iKCc\EWt>-sH 5 6 SUPERIOR COURT OF WASHINGTON 7 SNOHOMISH COUNTY 8 In re the Marriage of: NO. 04-3-022IO-l 9 GREGORY ALAN SIFFERMAN, 10 REPLY RE: MOTION FOR Petitioner, REVISION 11 and 12 13 SUSAN BETH HUMPHREY, jka: Sifferman, 14 Respondent. 15 16 COMES NOW the Petitioner Gregory Sifferman by and through his attorney, Gail B. Nunn, 17 and O'Loane Nunn Law Group, P.L.L.C., and makes the following reply to the materials 18 submitted by Ms. Dyer. 19 A motion for revision 1s de nova on the record that was before the court 20 commissioner who heard the original hearing. As it was, Ms. Dyer violated the local rule as 21 22 to page limits in the submission of her original materials including substantial reply 23 documents well beyond the 5 page limit. All materials in Ms. Dyer's Response relating to 24 additional evidence (commencing on page 12, line 21 through page 13, line 24) should be 25 stricken from the record and not considered by the court. In addition, the following statement 26 27 28 REPLY RE MOTION FOR REVISION O'LOANE NUNN LAW GROUP A Professional Limited liability Company Page - I 2707 Colby Ave .• Suite 1204 U:\Gail\Clients\ACTIVE FILES\NON-ACTIVE FILES\Siffennan. P.O. Box 5519 Greg\Postdisso\pleadings\ReplyMotion for Revision.doc Everett, WA 98206-5519 0Rlf31NAL (425) 258-6860 Fax (425) 259-6224 within this response is also new evidence and should be stricken from the record and not 2 considered by this court: 3 I. Page 6, line 29 through page 7, line 3 relating to a public records request to Bothell Youth 4 Baseball League records. (Counsel failed to provide Mr. Sifferman or his attorney with 5 6 copies of subpoena's sent out in this matter, one of which was served on a witness before 7 service of the petition, all subpoena's were signed by Ms. Frietas, acting of counsel to Ms. 8 Dyer and also acting as a fact witness in this case.) 9 Counsel further makes accusations that I have violated the RPC's in this matter and 10 have not been truthful with the tribunal. The fact is that Mr. Sifferman warned his former 11 12 wife he would file a motion for contempt if she did not have Lauren continue in the 13 residential schedule contained in the parenting plan well before the Petition to modify was 14 filed. My motion was not hastily drafted and it is interesting that counsel can somehow see 15 into my office and know when I am drafting documents. Ms. Humphrey admits she was at 16 her lawyer's office on Wednesday preparing pleadings. 17 18 A review of what has happened since entry of the divorce, is that Zach has 19 complained of physical abuse by both parents. Zach admits mother tells them dad is an 20 alcoholic, although in the same investigation Lauren says she never sees the father drink in 21 the presence of the children and he is never under the influence when they are with him. 22 23 Notably, the mother does not bring any court action for over two years! Adolescent Lauren 24 is the reporter. She reports on behalf of the mother and has been manipulated by the mother 25 to be her spokesperson to teachers and counselors in an attempt to generate CPS reports. She 26 27 28 REPLY RE MOTION FOR REVISION O'LOANE NUNN LAW GROUP A Professional Limited liability Company Page - 2 2707 Colby Ave .• Suite 1204 U:\Gail\Clients\ACTIVE FILES\NON-ACTIVE FILES\SitTerman. P.O. Box 5519 Grcg\Postdisso\plcadings\ReplyMotion for Revision.doc Everett. WA 98206-5519 (425) 258-6860 Fax (425) 259-6224 ,. stated her concerns to her psychiatrist. She alleges she does all the child care at father's 2 home when that is not true. She has never cooked or excessively cleaned at father's home, 3 and her child care responsibility was limited to her little sister twice a week for 90 minutes 4 each. Lauren has exhibited no bulimic or anorexic tendencies in father's care. She eats well 5 6 and does not purge. Lauren, who just entered high school this year, claims father smells like 7 marijuana (if she even knows what that smells like). Notably, there are no allegations of 8 behavior by father that supports drug use or alcohol abuse. There is no passing out, DUI, 9 problems with work, etc. Father passes a urine test. Apparently alcohol and marijuana use IO are no longer the basis for this modification. Dr. Worthers makes hearsay statements about 11 12 things the father has supposedly done and said without ever interviewing the father. Ms. 13 Dallman files a recount of therapy sessions that happened over a two year period of 2005 to 14 2007, halfofwhlch is during the separation of the parents. She has not seen the children in 18 15 months. If mother was so concerned why didn't she take the children to Ms. Dallman or 16 other therapist during that 18 month period? 17 18 The petitioner's new theory of the case is that Mr. Sifferman routinely physically 19 abuses the children and that he is sexually abusing the youngest. Lauren in September 2007 20 tells the investigator that her father "has a tendency to yell and overreact when he gets upset, 21 but that he generally doesn't utilize physical discipline." She relates no specific fears and 22 23 discloses no abuse toward her. It is notable that there was no bruising seen on Zachary by 24 anyone relating to this August 2007 incident that was not reported until September, four 25 weeks after it occurred (after the mother had time to ferment the story with the children). 26 27 28 REPLY RE MOTION FOR REVISION O'LOANE NUNN LAW GROUP A ProfeJsional Limited Uability Company Page- 3 2707 Colby Ave•• Suite 1204 U:\Gail\Clicnts\ACTIVE FILESINON-ACTIVE FILES\Sifferman, P.O. Box 5519 Greg\Postdisso\pleadings\ReplyMotion for Revision.doc Ewrett, WA 98206-5519 ( 425) 258-6860 Fax (425) 259-6224 There is no evidence whatsoever of sexual abuse other than these vague and weird 2 allegations. 3 It should also be noted that with the CPS records provided there are many pages 4 missing and lines redacted so it is an incomplete record, which should be under seal under 5 6 GR22. 7 The bottom line is there is no evidence to support a change of circumstances or 8 detriment to the children in the home of the father. No incidents at all since 2007 and Ms. 9 Dallman has not seen the children since spring of 2008. Dr. Worthers has never seen the 10 younger children and the worst complaint about her father made by Lauren to the doctor (his 11 12 alleged marijuana use) is not true. The entire case is really built on child hearsay. 13 The modification action should be dismissed and Ms. Humphrey found in contempt 14 for violation of the parenting plan. 15 DATED this 2nd day of December, 2009. 16 17 18 O'LOANE NUNN LAW GROUP, P.L.L.C. 19 20 , WSBA #16827 21 Petitioner 22 23 24 25 26 27 28 REPLY RE MOTION FOR REVISION O'LOANE NUNN LAW GROUP A Professional limiied Liability Company Page - 4 2707 Colby Ave., Suite 1204 U:\Gail\Clients\ACTIVE FILES\NON-ACTIVE FILES\Sifferman. P.O. Box 5519 Greg\Postdisso\pleadings\ReplyMotion for Revision.doc Enrett, WA 98206-5519 (425) 258-6860 Fax(425)259-6224 FILED 2009 DEC -4 PM 2: 59 SONYA KRASKI COUNTY CLERK SNOHOMISH CO. WASH IN THE SUPERIOR COURT OF THE STA TE OF WASHING TON IN AND FOR THE COUNTY OF SNOHOMISH , ,.. r"t- /1(.~"¢.a--<- 0 ~ ) ~<-a-uv) S, {{..v-.... ) PI AINTJEE I PETITIONER ) ) and ) NO. 0 'f -3 . o 2. z J o - I :5vs,, JIv,...p~ ( I:.&<. ) i (f.,,- ,,., ) DEFBNDA RESPONDENT ) ORDER ) ) IT IS HEREBY ORDERED: ~ / - ,,t..,L #y /Jt.p/i /1'- r /,,,c · - ,A..gArr'.S c .... #.. t'tl¥--. a---<- IPI-- ~. C-l'lv . . -i,. ~,,..J~ ::¥n.. c-.. I if ~r-c: DONE IN OPEN COURT this date: 1-f ~-£;7~ ,·LJ'----.l-/ ·d 9, r ~/ Presented By: tu:5(5 A I(, t:z 7-- /?.q-, JUDGE/ COURT COMMISSIONER 10844 6/01 page 1 of2 c,.J Dec -4 Pil l:: 28 IIIIIIII IIIIII Ill lllll lllll lllll lllll lllll lllll lllll llll llll SUPERIOR COURT OF CL 14022212 I • l ' ' -i • ~' ·1 WASHINGTON • I• • ,.., • 1' -,, 1 :..: r \ FOR SNOHOMISH COUNTY c •• -,CC!.:,:, , ... , '.' CLER'( I .., '. ~•, :~'.' r"l '''"-C:U GREGORY ALAN SIFFERMAN CAUSE NO.: 04-3-02210-1 (PETITIONER) JUDGE: ANITA L. FARRIS AND REPORTER: NOT REPORTED SUSAN BETH SIFFERMAN CLERK: F.STEBBINS/J.HENLEY (RESPONDENT) DATE: 12-4-09@ 9:30 AM THIS MATTER CAME ON FOR: MOTION FOR REVISION CONTINUED DATE/TIME/CALENDAR AND CONTINUANCE CODE: HEARING DATE SET/TIME/CALENDAR CODE: ACTION: HEARING STRICKEN/CODE: PETITIONER APPEARED: YES COUNSEL: GAIL NUNN RESPONDENT APPEARED: YES COUNSEL: JANIS M. DYER GUARDIAN AD LITEM APPEARED: DOCUMENTS FILED: ORDERS ENTERED: ORDER TO ENTER. PROCEEDINGS/COURT' s FINDINGS: PETITIONER'S MOTION FOR REVISION OF THE ORDER OF NOVEMBER 10, 2009 ENTERED BY COMMISSIONER LESTER STEWART: DENIED. THE COURT FINDS THERE WAS ADEQUATE CAUSE FOR THE COMMISSIONER'S RULING. PETITIONER'S MOTION TO FIND RESPONDENT IN CONTEMPT FOR VIOLATIONS OF THE RESIDENTIAL SCHEDULE, AND FOR AN AWARD OF FEES: DENIED. 1 MINUTE ENTRY I \~V) f:' \' I ;:: fl • t .. , 1 2 !009 DEC 30 AM 10: 0li 3 SONYA KRASt~; COUNTY CLERK RECEIVED '.:fiOH,JMISH CO VIASH 4 5 DEC 2 9 2009 6 0'4.oane Nunn Law Group 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 9 FOR SNOHOMISH COUNTY 10 11 Inre: 12 GREGORY ALAN SIFFERMAN, NO. 04-3-02210-1 Petitioner, 13 14 and NOTICE OF UNAVAILABILITY OF 15 COUNSEL SUSAN BETH SIFFERMAN, 16 (nka Beth Humphrey) Respondent. 17 18 TO: CLERK OF COURT 19 AND TO: All parties and counsel of record. 20 21 PLEASE TAKE NOTICE that Jan M. Dyer will be unavailable from December 28, 2009 22 through January 19, 2010 due to medical reasons. It is requested that motions and other court 23 hearings not be scheduled to occur during the time of this absence and that motions and other 24 hearings be scheduled so there is sufficient time to prepare for them following the end of the 25 absence. There is no other attorney available with sufficient factual knowledge of this case to 26 27 respond to any substantive request for relief during my absence. 28 Dated this 28th day of December 2009. 29 30 Dyer & Primont 503 Twelfth Ave. E Seattle, WA 98102 (206) 343-15~w NOTICE OF UNAVAILABILITY ' 2 i'D IO JM1 I I AM II : 4 7 3 11/IIIIIIIIIIIIlllllll~11/IIIIIIIIIIIIIIIIII~11/IIIIIIIIII CL 13951874 ,~UN'fA KilASKi ,,OUNTY Cl -RK 4 ~r10110,'11sH c?/wAs11 5 6 7 SUPERIOR COURT OF WASHINGTON SNOHOMISH COUNTY 8 In re the Marriage of: 9 NO. 04-3-02210-1 10 GREGORY ALAN SIFFERMAN, NOTICE OF UNAVAILABILITY 11 Petitioner, OF ATTORNEY 12 and 13 SUSAN BETH HUMPHREY, 14 fka: Sifferman, Respondent. 15 16 TO: CLERK OF THE COURT; AND TO: JAN DYER, Attorney for Respondent 17 18 PLEASE TAKE NOTICE that Gail B. NW1D, attorney of record herein for the Petitioner 19 will be unavailable during the following times: 20 April 12, 20 IO through April 30, 20 I 0 21 Unless previously agreed, the attorney for the Petitioner requests that during her absences no 22 proceedings, including but not limited to depositions, hearings, trials, motions or any other required 23 court appearances, be set during that period of time or within seven days of the above-referred 24 return date. Counsel will also be unavailable to respond to any proposal or motions that may be 25 filed within said period of absence. 26 27 28 NOTICE OF UNAVAILABILITY OF ATTORNEY O'LOANE NUNN LAW GROUP Page I of2 A Professional Limited Liability Company 2707 Colby Ave., Suite 1204 P.O. Box 5519 Everetl, WA 98206-5519 ORIGINAL (425) 258-6860 Fax (425) 259-6224 It is further requested that opposing counsel provide sufficient time for counsel to prepare 2 any responses to motions, offers of settlement by not setting any deadlines and/or hearing dates that 3 are less than IO days after the date of counsel's return to the office. 4 5 DA TED this 8 th day of January 2010. 6 O'LOANE NUNN LAW GROUP, P.L.L.C. 7 8 9 Gail B. N JO Attorney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF UNAVAILABILITY OF ATTORNEY O'LOANE NUNN LAW GROUP Page 2 of2 A Professional Limited Liability Company 2707 Colby Ave., Suite 1204 P.O. Box 5519 Everett, WA 98206-5519 (425) 258-6860 Fax(425)259-6224 • PAGE 02/05 • 2063230404 SHAPIRO&FREITAS 12/31/2009 13:21 ~ \. . Fil.ED 1 .:tOIO JAN 28 PH 2: 29 2 SOtlYA KRASKI COUNTY CLERK 3 SNOHOMISH CO. WASH 4 5 6 7 8 Superior Court of Washington County of Snohomish 9 Inre: 10 GREGORY ALAN SJFFERMAN, No. 04-3.02210-1 11 Petitioner, ~ /J-C.li::1;D , 12 and oraer:Appointing Parenting Evaluator on Behalf of Minors 13 · (ORAPGL) SUSAN BETH SIFFERMAN, 14 (nka Beth Hwnphrey,) 15 ent. 16 I. Basis 17 1.1 Basis for Appointment 18 This appoinlment is being made putSU8Ilt to RCW 26.10. 19 1.2 Children to Whom the Order Appll8$ 20 The respondent, Beth Hwnphrey, moved for appointment of a paren1ing evaluator for the following 21 minor children in di.is action: 22 ~ -~ Lauren Sifferman 15 23 Zachary Siflimian 10 24 Annalisa Siffennan 1 25 II. Findings 26 Aft.er reviewing the case record to date and the basis for the motion, the court Fi11ds that the 27 motion should be granted because appointment of a parenting evaluator is in the best inrerest of the children, 28 29 30 er Appointing Pa/8nting /:valuator {ORAPGL) - Page 1 WPF CU 04.0200 {7120C9) -RCW26.10.130, 26.12.176 ORIGINAL • PAGE 03/05 . .. • 2063230404 SHAPIRO&FREITAS 12/31/2009 13:21 . ' 1 Ill. Order 2 It is Ordered: 3· 4 3,1 Appointment of Parenting Evaluator 5 Wendy Hutchins Cook is appointed as parenting evallllllor for the abovo-named minor cbildren of the parties and shall receive copies of all pleadings and notice of all court proceedings regarding the 6 children. 7 3.2 Duties of the Parenting Evaluator 8 The parenting evaluator shall investigate and report faotual information regardiPg the issues ordered 9 1l) be reported or inva.<rigattd to the court. The parenting evaluator shall always represent the children's best interests. The parenting evaluator may make recommendations based upon his or 10 her investigation. The paretrting evaluator shall report the children's ~ressed preferences• . 11 nigarding the pareuting plan to the court, together with. the facts relative to whether any prefecences are being expressed vohmtsrily and the degree of the children's understand~ 12 Tbe parenting evaluator shall make a full and complete written report to the court and · 13 counsel/parties at least 60 days before trial provided that an extension may be granted by the comt. This report shall include recommendations and bases for those recommendations. · 14 15 Issues ordered to investigate and report all issues relating to development of a parenting plan 16 The parenting evalua1or shall also report to the court on llllY other issues discovered that could affect the safety of the children. 17 18 3.3 Other Duties 19 N/a 20 3.4 . Parenting Evaluator Access to Children, Records and lnfonnation 21 To facilitate reasonable investigation of infonnation pertaining to the best intetest oftbe children, 22 the pan:nting evaluator ahall have access to the children and to all records and infonnation, including authomation to speak with ~ persons, from the fullowing sources: law · 23 enforcement agencie.1; Child Proteaive Services (or the equivalent out-of-state agency); heallh care providers; mental holllth oace providem; child care providers; the Departa1eut of Social and Hea.hh 24 Services (or the equivalent agency in' another state); IIUd edi1c-ationpl institutions. 25 These egencies may withhold or blaclrout°porlious ofrequested information as WlllT8llted by Jaw or 26 by court order. The pamrting evaluator shall main1ain the confidentiality of information except as necessmy to fulfill his or her duties as parenting evaluator. 27 Within tne scope of appointment. the pmenting evaluator shall have access to all Superior Court and 28 Juvenile Court files, htcludlng BllY sealed/confidentjal portions 1hereo£, other than records sealed 29 pursuant to RCW 13.50.050(7). All illfunnation obtailled from sealed oc conndmtial files shall remain sealed or confidential, and the parenting evaluator shall inform the court if t h e ~ 30 evaltlator report contains sealed or confidential infonnation. Dye, & Primant 'fder Appointing PatTJntil'lf} Evaluator (ORAPGL) - Page 2 SQaTIIJ<ljlh.b.,£ S,aftk, WA llSlG2 'PF CU 04.0200 (712009) • RCW 26.10.130. 26.12.176 (206) 343-1528 ,,. 1 \ • • The court clerk shall provide certified copies of this order to the parenting evaluator upon request and without charge. 2 Upon good cause shown, the parenting evaluator or the parties may move that the court make 3 confidential any reports or documents placed in the court file by the parenting evaluator. 4 3.5 Payment of Fees and Costs 5 The fees and costs of the parenting evaluator shall be advanced as follows: 6 SO % by father, SO % by mother. 7 Final apportionment offees and costs shall be reserved. 8 3.6 Consent of Children Over Twelve to Investigation 9 10 Lauren Sifferman has reached the age of twelve. Written consent for the parenting evaluator to consult with and obtain information from medical, psychiatric, or other experts who have served the 11 children in the past has been given by the child. 12 3.7 Authorization for Release of Information 13 Each party's signature hereunder constitutes an authorization for release of information by that party to the agencies listed in paragraph 3.4, above. 14 15 3.8 Termination of Appointment 16 The appointment terminates: 17 Upon entry of the final decree or residential schedule. 18 3.9 Other 19 N/a 20 21 Dated: JAN 2 8 2010 22 23 Presented by: Approved for entry: 24 Notice of presentation waived: 25 'J--- , WSBA# 26 ttorne 27 28 Accepted upon approval by the court 29 30 fl<?:% S<' ~cckcJ. WENDY HUTCHINS COOK Dt;er & Primont rder Appointing Parenting Evaluator (ORAPGL) - Page 3 503 Twelfth Ave. E PF CU 04.0200 (7/'2009) - RCW 26.10.130, 26.12.175 Seattle, WA 98102 (206) 343-1528 01/27/2010 17:45 0000000000 OLYMPIC SUITES PAGE 04/05 O'Loan~ Nunn Law Gro~p f3fi70 P. 004 /006 .0112e)2010 11:~4 125-259-6224 Tbe court clerl< shall provide certified copies of this order to 1he parenting evaluator upon request 1 and without~. 2 Upon good cause shown, the parenting evaluator or the parties may move 111111 the court make 3 confidential &11y reports or documents placed ir, the court file by the parenting evaluator. 4 3.5 Payment of Fees and Costs 5 The fees and costs of the parenting evaluator sball be advanced as follows: 6 SO % by futher, SO ¾ by mother. 7 Final apportionment of fees and costs shall be reserved. 8 3.6 consent of Children Over Twelve to Investigation 9 Lauren Sifferman has reached the age oftwelve. Written wnsent for the parenting evaluator to 10 consult with and obtain information from medical, psychiatric, or other experts who have served the 11 children in the pest has been given by the child. 12 3.7 Authonzation for Release of lnfonnation 13 Each party's signature hereunder constitutes an mrthori;iation for release of information by that party to the agencies listed in paragraph 3.4, a.bove. 14 15 3.8 T@rminalion of Appointment 16 l'he appointment term in ates: 17 Upon entzy of the final decree or residential schedule. 18 3.9 01'her 19 Nia 20 21 Dared: 22 Judge/Commissioner 23 Presented by: Approved for entry: 24 Notice of presentation waived, 25 26 27 28 Accepted upon approval by the court 29 30 w~~~o,,,e-.., rder Appolntitlg Pamnt;ng Evaluator (ORAPGLJ - Page 3 503 TtNljllt, A,,,, E F CU 04.0200 (712009)- RCW26.10.130, 26.12.175 S.att!e, WA98l0:Z (206) 31.3-1528 • • SHAPIRO&FREITAS PAGE 05/05 12/31/2009 13:21 2063230404 ,· ' '1 2 3 4 5 6 7 8 ·9 10 11 12 13 14 15 16 17 18
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