HomeMy WebLinkAbout11 CLAIM OF MARY LYNCH 04-05-99 LAW OFFICES OF
~';OODRUFF~ SPRADLIN &:
A PROFESSIONAL CORPORATION
MEMORANDUM
'NO. 11
4-5-99
TO'
FROM'
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin '
City Attorney
March 31, 1999
Claim of Mary Ann Lynch; Claim No. 99-7
RECOMMENDATION'
After investigation and review it is recommended that the City Council deny the
claim and direct the City Clerk to send notice thereof to the claimant and the claimant's
attorneys.
DISCUSSION'
This claim results from the claimant's efforts to involve the police department in
an ongoing child custody and visitation dispute. Based on the facts to date, it is our
opinion 'that the Police Department has been operating in accordance with court orders,
and there is no evidence of City wrongdoing.
LOIS E. JEFFREY
Enclosure
cc: William A. Huston, City Manager
102726\1
CITY OF TUSTIN
CLAIM AGAINST THE CiTY OF TUSTIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of the City of. Tustin within
six (6) months after the incident or event occurred. Be sure your claim is against the City of Tustin,
not another public entity. Where space is insufficient, please use additional paper and identify
information by paragraph number. Complet6d claims must be mailed or delivered to the City Clerk,
City of Tustin, 300 Centennial Way, Tustin, California 92780.
WHEN COMPLETING THiS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Mayor and City Council, City of Tustin, California:
The undersigned respectfully submits the following claim and information relative to damage to
person and/or property:
,
a: Name of Claimant: /~/~/~
b. Address of Claimant:
c. City~ip Code: '~ /~
d. Telephone Number: ~/~
e. Date of Birth: ~'~
f. Social Security Number:
g. Driver License Number:
.
Name, telephone, and post office address to which claimant desires notices to be sent (if other
than' above): ~/¢-/')'2~" /7,5 ,g'~ O~'~
.
This claim is submitted against:
a. The City of Tustin only.
b. The following employee(s) of the City of TuStin only:
The City of Tustin and the following employee(s) of the City of Tustin only'
O/i) poolL¢., ~'Ol'~g'-' . p.. B//Z,/~gT60 OFF/~Ie-
.
Occurrence 0r event from which the claim arises:
a. Date: c-Fl/' ~2/ '
b. Time' ~V~-H/P (,- !¢F££~.
c. Place (Exact and Specific Location):
~//a'-5,,'//,e6:/P~~ '7"z'S77,0 7,,~/'--
d. How and under what circumstances did damage or injury occur? Specify the particuJar
occurrence, event, act or omission you claim caused the injury or damage (use additional
paper if necessary'
e.
What particular action by the City, or its employees, caused the alleged damage or injury.;
.
Give a description of the injury, property damage or loss so far known at the time of this claim.
if there were no injuries, state "no injuries".
LID In/,Tz,'F~ / b---~ - /~o' ~ ~ o sS o/~ 7'2,D ~ co/T',~t /-~ ? -s
6. Give the name(s) of the City employee(s) causing the damage or injury:
.
Name and addres~ of any other person injured'
8. Name and address ofthe owner of any damaged property:
.
10.
Damages Claimed' ..
a. Amount claimed as ofthis date: /~2~'/["~[I~I¢ /,~,T'-~'///S' ~'//~'
b: Estimated amount of future costs' / ~, ~O~, ~ ~ ~. 7-/~?.~/z~S
c. Total amount claimed' /-
d. Attach basis for computation of amounts claimed (include copies of all bills, invoices,
estimates, etc.)
Names and addresses of all witnesses, hospitals, doctors, etc.
WARNING:
IT iS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the same to be true Of
my own knowledge, except as to those matters stated to be upon information or belief and as to
such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is true
and correct.
Claimant's Signature: ~('~/~ ~/'~.~, .~- ~~.~~-~
Executed this day of ,19 .
Date Filed:
2:CLAIM (7/96)
MIO0 ' ( FAX 161g-??1~2~9 ',~ PAGE 02
'FORMAL COMPI.AINT'
Atl:eation: City Clerk, City o£Tustin, CA
300 Centennial Way
Tustin, CA 92780
RE; Damages to Persons or Personal Propo'~
reply m "4d"
I ~ tl~ Tustin Police D~anmcnt on August 21, 1998 to help me
solv~ a family dispute concerning my son David Lynch, my daughter
Pamela Lynch and myr~lf. David has chosen to i~ve with my ex-husband
since our divorce and he is scheduled to spend a certain anmunt oftlmc
with mc. On th;~ particular date, thai time was to be with mc. H~,
his sist~ Pasr~¼ invit~i him to go with her on a camping trip of which I
disapproved and when I discovc~od that he had a~ee,_J to go on this trip
against my wishes, I went to 14692 Cheshire Place., Tustin, his dad's house
and I ~skocl the police to meet me there. In speaking to the dispatclmr,
~xplaincd that my 19 year old daughtt.'r was taking David on a trip
without my po-mission since I had custody of David at this tin~ and th~
dispatchrr advised mc Io bring any court orders with me to prove I had
custody on this date. Along.. with a witness, Mrs. Sharon Flaugh, I met
with two offlco-s, Shorw¢inand Mayficld, (incidmt #8T441433) and !
preso~t~l my documentation and a pl'~,nc tape of my ex-husband [my-
lng five mrssa~ indicating that I had custody of David on that wex;k-
~ Thc two officers interrogated Pamela and David and THEY DE-
CIDED that David should go with his sisler and his dad, dcmying me
visitation with David. In oth~ words. THESE OFFICERS ARBIT-
RARILY DECIDED TO DENY ME MY VISITATION RIGHT~ IN
SPITE OF A COURT ORDER TO THE CONTRARY. They told mo
to go b~ck to court...in essence dcto-rnining that my son would havo a
more enjoyable time'away from his mother! Their d~cision was octrem-
iy dama~ to the tenuous relationship I have with my son.
I se~t a I~tt~x ami two tape recordings to Officer LUdwkk, ofmy
husband deayi~ me visitation ofmy son on several occasions bul
received no response or help.
Since I believe my civil rights have bom violated on 13 differe~ tim~s
simply becaus~ I am a divorccd female. I am prcscntl¥ seeking t~prcs~t-
Mary Ann Lynch
F~ruaryll, 1999
Warning: This form is for minimal violati~-., of the court order. Do Not Use for Missing Child, Chil,- ,-,zx:luction, or Restraining Order Violation/Cases!
Custody/Visitation
Court Order Violation Report /
/
~ ~ ~ ~ ,~ ¢O~ Police/Shedfs Department
Person filing report: /~.4'~lf//'~1 L YWgN DOB: ~/ Age z/7
Ddver's License No. ~'~'/~'~" _~¢ Statelssued /~ ;, Expires: '~d2 SS No. .~.~'~=,~ "~'/
. -,...,- ·
Home ^ddr s:
Police Department
City Of Tustin
300 Centennial Way Tustin, CA 92780
(714) 573-3225 FAX (714) 730-8027
C~ty Of Tustin
300 Centennial Way Tustin, CA 92780
(714) 573-3200 FAX (714) 730-5134
Warning: This form is for minimal violat, , of the court order. Do Not Use for Missing Child, Chi~,_..oduction, or Restraining Order Vio/!ation Cases!
Custody/Visitation Court Order Violation Report
DR
~ ~ ~ ,~ ~()~ Police/Sheriffs Department
Persoil filing report: ./y/,,//Yq'/~/~//~'/L 7~CN DOB: / ,'-/ Age Z./7
Driver,s License No. ~"~'~ _~¢(~ Statelssued Expires: '~:~) SSNo.
Home Address: / ' 5 ' ~; ~ ; ~- !;.' '
Day phone: - Ev,en, ing phor{e:. . hip to children:
............... · --..- .......... = ': ...... ~ ........ ' ........ -" -'~.':- .... :x.':': '-'"' ............
Child's name.~ . _ ..r, ;-/~/.).h~.' E//~":,.:' -~,'," ' ': "'~ O.C)B.~: ./ '/. ':-~> :-~-, -.-'---: .Age :'.:'. ,/:.-~,'.i ·
Child's name DOB
Child's name DOB
Child's name
Age
Child's name DOB -' - Age '"
..,.' ', · ,
__ '~;- ",' ' ":'- .... ~. ..;'~: :;;. (~ )
Witness name:. ~- P/-'~{YtM -
Address'. , - ,: .... --.-: : -, ..... ~ .,- '~- _ ..,_'"'.
' . . ,,~ . . ~ . .,. ............ __.~ _~...~. 2,~":--',,.,~:.',' ~
· ._f: -'~ 't..' 'd ' .~ '.-' ,.. ~o ' -- - '' ;,,.. '~ .... · -'
hone' ---
· _. ,, .: ........
Y . , , - . .. - ........ ~ ~--..'- ..--' .:_-'. ." · · - · '~:,"- ~':~
--'---'-~-'- -" ' :.-";,9 -+{ - :. .:_-_---r_-x ~. .~.._-.-] z,.', ....~... ~_ ' .... ' -::"'{-,-- ,
Driver's License No: " ' .... : ' ':'-' "' ';? ;:"-'- - ' : State ls's~ '.-'-" fo'. ,/.-~ E-: Expires::
Dayphone /.., ..... Evening phone ...... ,-- . . . Relationship to children:
· -" ' ' ....... '~._,....-:,; .,j.'.; .., ,.-~ ~ .--'~. ?..C-- ' .... --.- '.~.:; :--';;';,
Height Weight ..... Hair color Eye color M F Race/Ethnic Scars,marks
Highest grade completed o:". ' '.-. Oc~:up:~tion J :g ' :'":' :: ........ ' ':- City and'country of birth ' ' ": .....
Have you or the other party made a police report about domestic violence?,~,~Y/~N What police dept: 7't-~--~"~-//'O Date: ,/ 7"-'
~;---~.-" - ,-~
Have you or the other' party made a police report about, a court_ .~, .... order violation?.. .... ,Y ..... N.Wh~t... pg_ljc, e dept--'=',: ..... ' .~:,,-'-7~" ~''
,.
Custody/visitati6~' ':-- ' ' ' ' ,'~ :~'-* Court narfie: "' :,a~"-~6~?~:~/"~d*~) 7~"~'~ {"/3- (~/r('/-i..Date i~Sbed?:'~-''''
casen~mber,~ i:-.';.: ,i,";~F..:1 ''~ ..... "*' ~' .... :'* ~"
,
Restraining order case number '~ ~4 ~' ~ Court name: Date issued:
Complainant's statement */~?b4 ' 'i~?..~b/t~b'Tt~P~ ~,/?r,y)-? ~./~.~ L &/~ A "~.t,~r'~/~'' I~"~ ~ ...~,'~/'~
. . ' ..... ~,.' ~. · . .:_~. ,'~ .~-.- ~.~''. - ~-.~"'- :t-- '; .: ::~'' ":- ''
~,., ..... ~.,~--.'.~..-'_:[",..,..:,. ~.~. .~. '_ - :: ...... ;-. ~,-' ........ ::, ,'~--'.~ ~.... .... . '
. '": ' /. ' £ -'
See lr ( rtant Not'ice on the Back of this Page!
Top/original--originating agency; pink copy to OCDA, Family Violence Unit, P.O, Box 808,'Santa Aha, CA 92708; yellow to complainant
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RICHARD P. SULLIVAN, ESQ.
BAR NO. 83025
ONE CiTY BOULEVARD WEST
SUITE 810
ORANGE, CA 92668
(714)938-1225
.. .
ATTORNEY FOR PETITIONER
SUPERIOR COURT OF CALIFO?=NiA
FOR THE COUNTY OF ORANGE
In re the Marriage of: )
)
Petitioner: GREGORY F. LYNCH )
)
and )
)
Respondent' MARY A. LYNCH )
)
CASE NO. 94D 06004
JUDGMENT ON RESERVED
ISSUES
This matter came for final hearing on November 17, 1995 in
Department 6i0 of the Orange County Superisr Court, the
Honorable Robert Hutson presiding. Petitioner was present in.
court and represented by Richard P. Sullivan, and respondent
was present in court and represented by Patrick McCall.
A==er hearing evidence and argument from both sides the
court makes the following orders'
1 ) CHILD CUSTODY:
The parties shall have joint legal custody of the two
minor children, PAMELA MARIE LYNCH, born June 30, 1979, and
DAVID ANDREW LYNCH, born January 4, 1985.
Petitioner shall have primary physical custod~'~f the
minor child P.~MELA MARIE LYNCH, and the respondent shall have
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secondary physical custody.
Respondent shall have primary physical custody of the
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minor child DAVID ANDREW LYNCH, and the petitioner shall have
secondary physical custody.
2 ) VISITATION-
Visitation between PAMELA LYNCH and the respondent is to
be worked out in counseling.
·
' Visitation between DAVID ANDREW LYNCH and the petitioner
is to occur every Other weekend, from Friday after school until
Monday morning when school begins, and every Wednesday night
from after school until Thursday morning when school begins.
3) HOL-rDAY AND SPECIAL OCCASION VISITAT_~0N-
Pending the outcome of PAMELA'S counseling, ?A_~ELA shall
be pe_~mitted to visit the respondent on any of the occasions
specified below, but PAMELA shall not be required to do so.
Both minor children shall be with the respondent on
Mother's Day, and respondent's birthday.
Both minor children shall be with the petitioner on
Father's Day, and petitioner's birthday.
The minor childrens' birthdays shall be with respondent in
odd numbered years, and with the petitioner in even numbered
years.
The Spring and Thanksgiving vacation periods shall be
spent with respondent in even numbered years, and with
petitioner in odd numbered years.
In even numbered years, the first half of Christmas
vacation from the day school dismisses until 11'00 a.m.
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Christmas Day, the minor children shall be with respondent, and
the second half of Christmas vacation from ll '00 a.m. Christmas
Day unti!~ the day school resumes, the minor children shall be
with petitioner. In add numbered years, the first half of
Christmas vacation shall be spent with the petitioner, and the
second half of Christmas vacation shall be spent with the
respondent.
The Summer vacation period shall be split in half, such
that respondent shall have the first half in even numbered
years, and petitioner shall have the second half in even
numbered years. In odd numbered years, petitioner shall have
the first half, and respondent shall have the second half of
Summer vacation. During the Summer Vacation period, there
should be visitation with the non-custodial parent on an every
other weekend basis. In the event that either parent wishes to
take the minor children out of town on a vacation, the
itinerary shall be provided to the other parent in advance of
the vacation.
In the even numbered years, respondent shall have'Martin
Luther King holiday, Memorial Day, and Halloween. Petitioner
shall have President's Day, Fourth of july, Labor Day and
Veterans Day. The opposite schedule shall apply in odd
numbered years.
Visitation weekends shall be switched so that the minor
children may spend' three day weekends with one parent when that
parent has custody on a Monday or Friday holiday.
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4) CHILD SUPPORT:
Petitioner shall pay to respondent as and for child
support the sum of $109.00 per month for the minor child,
DAVID, payable $54.50. on the first and $54.50 on the fifteenth
of each and every month, .commenCing December 1, 1995 and
continuing until further order of court, or until the child
mar-~ies, dies, becomes emancipated, reaches the age of 19, or
reaches the age of 18 and is no longer a fu!!time highschool
student, whichever occurs first.
5 ) FINDINGS-
The ~ '
cou_~ makes the following findings regarding child and
spousal support. Each party has one child in ~h=~ physical
custody. Respondent has a zero percent (0%) timeshare factor
with the minor child PAMELA, and petitioner has a forty percent
(40%) timeshare factor with the minor child DAVID. Petitioner
is filing married joint with three exemptions, and raspondent
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is filing head of household with two exemptions. Petitioner's
income is $4,517.00 per month, and respondent's present ability
to earn is $960.00 per month. Petitioner has a health.
insurance premium of $103.00 per month, an interest expense of
$700.00 per month, and mandatory retirement of $439.00' per
month.
6 ) SPOUSAL SUPPORT'
As and for spousal support, petitioner shall pay to
respondent the sum of $550.00 per month, commenci~_~_ December 1,
1995 and continuing until respondent remarries, dies, or
further order of court.
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The court admonishes respondent to seek employment. The
court further admonishes respondent to seek outside tutoring so
tha~ she may pass the CBEST test and obtain a teaching
· mat~_r shall be reviewe'd in nine (9) months to
position This ~=
determine respondent's progress in obtaining employment and/or
passing the CBEST test.
7 ) AN-~MAL'
Respondent is awarded the cat known as "Boomer".
8 ) GAZEBO'
The gazebo located ih the backyard of the family residence
is awarded to petitioner at zero value.
9) ATTORNEY' S FEES AND COSTS'
The court denies respondent"s re.cuest pursuant to Family
Code Section 271 for attorney's fees and costs. The court
awards respondent attorney's fees and costs under Section 270
in the amount of $3,500.00. The $3,500.00 shall be payable at
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the rate of $150.00 per month, payable one-half on the firs'-
and one-half on the fifteenth of each and every month
Commencing December 1, 1995.
THE PARTIES STIPULATED AND AGREED PRIOR TO THE TRIAL TO
THE FOLLOWING'
1) Petitioner represented to the court that he has no
interest in the Laguna Beach storage units.
2) Petitioner is awarded the Buick Century automobile at
zero value and the respondent is awarded the 1984.~_~odge Caravan
at zero· value.
3) Respondent shall be awarded the $8,800.00 IRS tax
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return fUnd at zero value, and the petitioner is awarded the
parties' savings account with Orange County Teachers Federal
Credit Union in the approximate amount of 58,200.00 at zero
value. -
4) Each party shall be awarded all household furniture
and furnishings presently in their possession as their sole and
separate property.
5) The parties shall be awarded all life insurance
policies presently in their name as their sole and separate
property at zero value.
6) The court shall reserve jurisdiction over petitioner's
STRS retirement plan. Said account shall be divided according
to In re Marriaae of Brown.
7) The parties shall split equally any tax liability on
the limited partnership the parties jointly own. The court
reserves jurisdiction over the 1995 Federal and State tax
'.
liabilities until these liabilities have been maid.
8) The parties stipulated that neither party shall
molest, attack, strike, threaten, sexually assault or otherwise
disturb the peace of the other 'party. Neither party shall
incur any debts or liabilities for which the other party may be
held responsible.
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9) Respondent shall reimburse petitioner for moving
expenses in the sum of $494.00, and for her share of the
furniture appraisal' in the sum of $88.00, for a total
reimbursement of $582.~D0.
10) Respondent shall return the custom made bay window
cushion to petitioner forthwith.
·
DATED'
IT IS SO ORDERED
JUN 0 7 'IW6
ROBERT .;3. HU'],,,;i.:
ROBERT HUTSON
JUDGE OF THE SUPERIOR COURT
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APPROVED AS TO FORM AND CONTENT'
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DATED '
PATRICK McCALL
Attorney for Respondent
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/.'
PROOF OF SERVICE BY MAIL (1013a, 2015.5 C.C.P.)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
I am a citizen of the United States and a resident of the
County aforesaid. I am over the age of eighteen years and not
a party to the within entitled action, and my business address
is One City Boulevard West, Suite 810, Orange, CA 92668.
On March 15, 1996, I served the foregoing document described
as'
JUDGMENT ON .RESERVED ISSUES
on ~the iNTERESTED PARTIES in said action by placing true copies
thereof in a sealed envelope in the United States mail at
Orange, California, addressed as follows'
Mr. Patrick McCall, Esq.
800] Irvine Center Drive
Suite 117
Irvine, CA 92718
X (BY MAIL) I am "readily'familiar" with the firm's practice
of collection and processing of correspondence for mailing. It
is deposited with the U.S. Postal Service on that same day in
the ordinary course of business. I am aware that on motion of
party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day
after date of deposit for mailing in affidavit.
(BY PERSONAL SERVICE) I delivered such envelope by hand to
the offices of the addressee(s).
(VIA FACSIMILE) I sent, via te!ecopier, a true copy
thereof to the following number'
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Executed this 15 day of March., 1996~at Orange California.
Pam Sullivan /~-~.~_~ pc~,z~¢~
type or print name .signature
.o
Mary,
Thank you for encouraging and allowing David to be with PameIa on her
birthday today. They both enjoyed each other's company on this special day.
David and I went out shopping, and got Pamela something that she wanted.
The kids went ~wimming together. We went to dinner with some friends,
including Pamela's boyfriend, Brian, and his dad, both of whom I like very
much (Brian got straight A's on his report card.). It was a very positive day,
and both kids were happy to be together. Thank you; it was'a good choice.
· .
Speaking of grades, Pamela got three A's (Choir, WoHd Cultures, and
Track .(P.E.) and three B's (Spanish, .Geometry, and English Honors (B-).
As surprising as this may soUnd, I am glad that things worked out at
court the way they did on Wednesday. It was' never my goal to cause you a
difficulty (fine or jail). My total purpose was to ask the court to force you to
simply honor your agreement with me regarding sharing custody of David.
Since you were not doing so, and I wound up not seeing David for five weeks
(and didn't know how many more weeks I wouldn't see him), I had no other
choice. If you w/Il keep your word, I won't have to ask the court to force you
to keep your word.
-7'~'~ ..... , - . ~u wur~ togem~r fo D ' ' ·
ne~~cp~~from ~~~s ben~~~ilt~.
P
~l~~~~~m.~~~o_~w~iI~im~toxb~~
roomers aay reg~dless of who's weekend is sch~ule~. "5i~il~rly,"k "~ould be
mc~ for ~ to spend Fa~er's day wi~ me reg~dlcss of ' ·
5h~dul~. We MI_benefit by b~ing flexibl~ and
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~a~-th., ........ ' "~~, mcr
Unch~act~ris~caIly, I d~clined yo~ last request to have David join you
at a bi.day party a week ago (I no~ly always say "yes" to your r~quests.).
I would have preferred to hav~ s~d "yes", but, as I indicated in one ,of my
r~cent letters, ~ long ~ your response, to me being co-operadvc and flexible
with you is to t~c advantage of ~at co-op~radon and flcxibiHV, . . and bc
un-co-operative with my r~ucs~, I cannot afford to bc flexible with your
requests. I will m~k¢ you ~e same offer again: I will be very flexible with
your reques£s if you will give me the same courtesy in return. That way we all
win (especially David), instead of all lose. There will be times that it will work
out better for you and David if he spends some of my weekend time with you,
and v/ce-versa. We need to u'ade times to make it bettor for us all. David will
lose out if we do not do so. ' -
Let's start again, and try to both be flexible for David's benefit. I am
saying "yes" here to you in writing in advance for the next time that you
request to have David during part of one of my weekends. In exchange, I
would like to have David spend part of Saturday, August 26th (one of your
weekend days) with me from about 9:00 a.m. to about 5:00 p.m. I will'
transport him both ways. Since paper remembers better that memory, ! have
included a written request to you for this trade of time. If you would like to
accept my "yes" in advance for the next time you would like to have David
during part of one of my weekends, and start us again trading times with him,
please approve and return the enclosed request. In order for David to not miss
out on things, we need to trade times on occasion. I will do my best to honor
all future requests of yours as is possible.
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RICHARD P. SULLIVAN, ESQ.
BAR NO. 83025
ONE CITY BOULEVARD WEST
SUITE 810
ORANGE, CA 92668
(714)938-1226
ATTORNEY FOR PETITIONER
In re the Marriage of' )
)
Petitioner' GREGORY F. LYNCH )
)
and )
)
Respondent' MARY A. LYNCH )
)
SUPERIOR COURT OF CALIFORNIA
FOR THE COUNTY OF ORANGE
·
CASE NO. 94D 06004
JUDGMENT ON RESERVED
ISSUES
This matter came for final hearing on November 17, 1995 in
Department 610 of the Orange County Superior Court, .the
Honorable Robert Hutson presiding. Petitioner was present in
court and represented by Richard P. Sullivan, and respondent
was present in court and represented by Patrick McCall.
After hearing evidence and argument from both sides, the
court makes the following orders'
1 ) CHILD CUSTODY'
The parties shall 'have joint legal custody of the two
minor children, PAMELA MARIE LYNCH, born June 30, 1979, and
DAVID ANDREW LYNCH, born January 4, 1985.
Petitioner shall have primary physical custody of the
minor child PAMELA MARIE LYNCH, and the respondent shall hav~
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secondary physical custody.
Respondent shall have primary physical custody of the
minor child DAVID ANDREW LYNCH, and the petitioner shall have
secondary physical c6~tody.
2) VISITATION'
Visitation between PAMELA LYNCH and the respondent is to
be worked out in counseling.
Visitation between DAVID ANDREW LYNCH and the petitioner
is to occur every other weekend, .from Friday after school hntil
Monday morning when school begins, and every Wednesday night
from after school until Thursday morning when school begins.
3) HOLIDAY AND SPECIAL OCCASION VZSITATION'
Pending the outcome of PAMELA'S counseling, ?A~ELA shall
be permitted to visit the respondent on any of the occasions
specified below, but PAMELA shall not be required to do so.
Both minor children shall be with the respondent on
Mother's Day, and respondent's birthday.
Both minor children shall be with the petitioner on
Father's Day, and petitioner's birthday.
The minor childrens' birthdays shall be with respondent in
odd numbered years, and with the petitioner in even numbered
years.
The Spring and Thanksgiving vacation periods shall be
spent with respondent in even numbered years, and with
petitioner in odd numbered years.
In even numbered years, the first half of Christmas
vacation from the day school dismisses until 11'00 a.m.
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'Christmas Day, the minor children shall be with respondent, and
%the second half of Christmas vacation from 11-00 a.m. Christmas
!Day until the day school, resumes, the minor children shall be
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iwith petitioner. Ik'"0dd numbered years, the first half of
'.Christmas vacation shall be spent with the petitioner, and the
second'half of Christmas vacation shall be spent with the
"'respondent.
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· The Summer vacation period shall be split in half, such
that respondent shall have the first half in even numbered
years, and petitioner shall have the second half in even
numbered years. In odd numbered years, petitioner shall have
the first half, and respondent shall have the second half of
Summer vacation. During the Summer vacation period, there
should be visitation with the non-custodial parent on an. ~very
other weekend basis. In the event that either pareDt wishes to
take the minor children out of town on a vacation, the
itinerar~~e provided to the other paren~in advance of
the
In the even numbered years, respondent shall have Martin
Luther King holiday, Memorial Day, and Halloween. Peti~toner
shall have President's Day, Fourth of July, Labor Day and
Veterans Day. The opposite schedule shall apply in odd
numbered years.
Visitation weekends shall be switched so that the minor
'children may spend three day weekends with one parent when that
parent has custody on a Monday or Friday holiday.
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4) CHILD SUPPORT'
Petitioner shall pay to respondent as and for child
support the sum of $109.00 per month for the minor child,
DAVID, payable $54.50 on the first and $54.50 on the fifteenth
of each and every month, commencing December ], 1995 and
continuing until further order of court, or until the child
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marries, dies, becomes emancipated, reaches the age of 19, or
reaches the age of 18 and is no longer a fulltime highschbol
student, whichever occurs first. ·
5) FINDINGS'
The court makes the following findings regarding child and
spousal support. Each party has one child in their physical
custody. Respondent has a zero percent (0%) timeshare factor
with the minor child PAMELA, and petitioner ha~ a forty percent
(40%) timeshare factor with the minor child DAVID. Petitione~?
is filing married joint with three exemptions, and respondent
is filing head of household with two exemptions. Petitioner's
income is $4,517.00 per month, and respondent's present ability
to earn is $960.00 per month. Petitioner has a health
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insurance premium of $103.00 per month, an interest exPense of
$700.00 per month, and mandatory retirement of $439.00 per
month.
6) SPOUSAL SUPPORT'
As and for spousal support, petitioner shall pay to
respondent the sum of $550.00 per month, commencing December 1,
1995 and. continuing until respondent remarries, dies, or
further order of court.
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The court admonishes respondent to seek employment. The
court further admonishes respondent to seek outside tutoring §o
that she may pass the CBEST test and obtain a teaching
position. This matter shall be reviewed in nine (9) months to
determine respondent's progress in obtaining employment and/or
passing the CBEST test.
7) ANIMAL'
Respondent is awarded the cat known as "Boomer".
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8) GAZEBO'
The gazebo located in the backyard of the family residence
is awarded to petitioner at zero value.
9) ATTORNEY'S FEES AND COSTS'
The court denies respondent's request pursuant to Family
Code Section 271 for attorney's fees and costs. The court
awards respondent attorney's fees and costs under Section 270
in the amount of $3,500.00. The $3,500.00 shall be payable at
the rate of $]50.00 per month, payable one-half on the first
and one-half on the fifteenth of each and every month
commencing December l, 1995.
THE PARTIES STIPULATED AND AGREED PRIOR TO THE TRIAL TO
THE FOLLOWING-
]) Petitioner represented to the court that he has no
interest in the Laguna Beach storage units.
2) Petitioner is awarded the Ford Taurus automobile at
zero value and the respondent is awarded the 1984 Dodge Caravan
at zero value.
3) Respondent shall be awarded the $8,800.00 IRS tax
~ return fund at zero value, and the petitioner is awarded the
2 parties' savings account with Orange County Teachers Federal
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," 3 ~dit Union in the approximateo amount of $8,200.00 at zero
'~' 4 ~"' Value.
4) Each party shall be awarded all household furniture
..6 'and ~urnishings presently in their possession as their sole and
7 separate property.
5) The parties shall be awarded all life insurance
policies presently in their name ~s'their sole and separate
property at zero value.
]] 6) The court shall reserve jurisdiction over petitioner's
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ir 13 to In re ~arriaqe of Brown.
5 14 7) The parties shall divide equally any tax liability on
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;;' IG reserves jurisdiction over the '1995 Federal and State tax
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liabilities until these liabilities have been paid.
8) The parties stipulated that neither party shall
molest, attack, strike, threaten, sexually assault or otherwise
disturb the peace of the other party. Neither party shall
incur any debts or liabilities for which the other party.may be
held responsible.
IT IS. SO ORDERED
DATED-
ROBERT HUTSON
JUDGE OF THE SUPERIOR COURT
APPROVEd AS TO FORM AND CONTENT'
DATED'