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No. 07-3-00433-7 Summons: Notice in Everett, WA 98201, US

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Location: Everett, WA 98201, US
Category: Events and Notices - Legal and Public Notices
Posted: 08/09/2017
Contact: (360) 705-5328

Details

No. 07-3-00433-7 Summons: Notice about Changing a Parenting Plan, Residential Schedule or Custody Order (SM) Superior Court of Washington County of Snohomish In re the Marriage of: KENNETH C. JOHANSEN Petitioner, and CATHALEEN C. SCHMIDMEISTER (FKA Cathaleen C Johansen) Respondent To:Cathaleen C. Schmidmeister The person filing this Summons and Petition asked the court to change a Parenting Plan, Residential Schedule, or custody order. You must respond in writing for the court to consider your side. Deadline! Your Response must be served on the other party within 20 days of the date you were served this Summons (60 days if you were served outside of Washington State). If the case has been filed, you must also file your Response by the same deadline. If you do not serve and file your Response or a Notice of Appearance by the deadline: No one has to notify you about other hearings in this case, and The court may approve the requests in the Petition without hearing your side (called a default judgment). Follow these steps: 1.Read the Petition and any other documents you receive with this Summons. These documents explain what the other party is asking for. 2.Fill out the Response to Petition to Change a Parenting Plan, Residential Schedule, or Custody Order (form FL Modify 602). You can get the Response and other forms at: The Washington State Courts' website: www.courts.wa.gov/forms The Administrative Office of the Courts - call: (360) 705-5328 Washington LawHelp: www.washingtonlawhelp.org, or The Superior Court Clerk's office or county law library (for a fee). 3.Serve (give) a copy of your Response to the person who filed this Summons at the address below, and to any other parties. You may use certified mail with return receipt requested. For more information on how to serve, read Superior Court Civil Rule 5. 4.File your original Response with the court clerk at this address: Superior Court Clerk, Snohomish County 5.Adequate Cause: Before the court will have a full dearing or trial about the Petition, one of the parties must ask the court to decide whether there are valid reasons to allow the case to move forward (adequate cause). If there are no valid reasons, the court will dismiss the Petition. Either party can file a Motion for Adequate Cause Decision (form FL Modify 603). 6. Lawyer not required: It's a good idea to talk to a lawyer, but you may file and serve your Response and other documents without one. KENNETH C. JOHANSEN7-31-17 I agree to accept legal papers for this case at my lawyer's address: 20412 123rd Ave NE Bothell, WA 98011 This Summons is issued according to Rule 4.1 of the Superior Court Civil Rules of the State of Washington. No. 07-3-00433-7 Ex Parte Restraining Order/Order to Show Cause (TPROTSC/ORTSC) Superior Court of Washington County of Snohomish [ ] Clerk's Action Required [ ] Law Enforcement Notification, 4.1, 4.3 In re: KENNETH C. JOHANSEN Petitioner, and CATHALEEN C. SCHMIDMEISTER (FKA Cathaleen C Johansen) Respondent Restraining Order Summary: Restraining Order Summary is set forth below: Name of person(s) restrained: Cathaleen Schmidmeister Name of person(s) protected: Kaylee Johansen See paragraph 4.1. Violation of a Restraining Order in paragraph 4.1 below with actual knowledge of its terms is a criminal offense under Chapter 26.50 RCW and will subject the violator to arrest. RCW 26.09.060. I. Show Cause Order It is Ordered the respondent appear and show cause, if any, why the restraints below should not be continued in full force and effect pending final determination of this action and why the other relief, if any, requested in the motion should not be granted. A hearing has been set for the following date, time and place: Date: 10-4-17Time: 9:00 a.m. Place: 3000 Rockefeller Ave, Everett, WA Room/Department: B or C If you disagree with any part of the motion, you must respond to the motion in writing before the hearing and by the deadline for your county. At the hearing, the court will consider Written sworn affidavits or declarations. Oral testimony may Not be allowed. To respond you must: (1) file your documents with the court; (2) provide a copy of those documents to the judge or commissioner's staff; (3) serve the other party's attorney with copies of your documents (or have the other party served if that party does not have an attorney); and (4) complete your filing and service of documents within the time period required by the local court rules in effect in your county. If you need more information, you are advised to consult an attorney or a courthouse facilitator. Failure to appear may result in a Temporary Order being entered by the court that grants the relief requested in the motion without further notice. Moving party is informed that they MUST confirm their hearing. Confirmation instructions provided. II. Basis A motion for a temporary restraining order without written or oral notice to the respondent or that party's lawyer has been made to this court. III. Findings The court adopts paragraphs 2.1, 2.2, and 2.4 of the Motion/Declaration for an Ex Parte Restraining Order and for an Order to Show Cause (Form WPF DR 04.0150) as its findings, except as follows: IV. Order It is Ordered: 4.1 Restraining Order Violation of a Restraining Order in paragraph 4.1 with actual notice of its terms is a criminal offense under Chapter 26.50 RCW and will subject the violator to arrest. RCW 26.09.060. The respondent is restrained and enjoined from: disturbing the peace of the othe party or of any child. going onto the grounds of or entering the home, work place or school of the other party or the day care or school of the following protected children: Kaylee Johansen knowingly coming within or knowingly remaining within 1000 feet of the home, work place or school of the other party or the day care or school of the protected children. assaulting, harassing, stalking, or molesting the other party or the children, or using, attempting to use, or threatening to use physical force against the other party or the children that would resonably be expected to cause bodily injury, or engaging in other conduct that would place the other party in resonable fear of bodily injury to the other party or the children. If the court orders this relief after the hearing, the restrained person may be prohibited from obtaining or possessing a firearm, other dangerous weapon, concealed pistol license, or ammunition under state or federal law for the duration of the order. Clerk's Action. The clerk of the court shall forward a copy of this order, on or before the next judicial day, to Snohomish County which shall enter this order into any computer-based criminal intelligence system available in this state used by law enforcement agencies to list outstanding warrents. (A law enforcement information sheet must be completed by the party or the party's attorney and provided with this order before this order will be entered into the law enforcement computer system.) Full Faith and Credit Pursuant to 18 U.S.C. 2265, a court in any of the 50 states, the District of Columbia, Puerto Rico, any United States territory, and any tribal land within the United States shall accord full faith and credit to the order. 4.2 Other Restraining Orders The petitoner, respondent is restrained and enjoined from removing any of the children from the state of Washington. The petitioner shall be the parent with whom the child(ren) reside until the hearing. Other: The parenting plan entered 5-25-2016 is suspended pending further court order. 4.3 Surrender of Firearm or other Dangerous Weapons Does not apply. 4.4 Expiration Date This order shall expire on the hearing date set forth above unless otherwise extended by the court. 4.5 Waiver of Bond Does not apply. 4.6 Other Hearing date is extended as service is authorized by publication. Respondent may seek review of this order on 12 days advance notice to the petitioner. Dated: AUG - 1 2017 at 1:15 p.m.LEE B. TINNEY Commissioner Presented by: KENNETH C. JOHANSEN 7-31-17 EDH771438 Published: August 9, 16, 23, 30; September 6, 13, 2017.
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