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Jefferson County Colorado Divorce Records by zzi18679

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Jefferson County Colorado Divorce Records document sample

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									   DISTRICT COURT, JEFFERSON COUNTY, COLORADO
   100 Jefferson County Parkway
   Golden, Colorado 80401
   Telephone: (303) 271-6130

   In re the Marriage of:

   Petitioner:                  CHRISTY HARRINGTON,
                                n/k/a   CHRISTY RYAN

   and

   Respondent:                   SEAN L. HARRINGTON



   Sean Harrington                                                       ⇑ COURT USE ONLY ⇑
   197M Boston Post Road, West
   Suite #151                                                            Case Number: 99DR3717
   Marlborough, MA 01752                                                 Jefferson County Case
                                                                         No. 30-192795-44-8A


                 VERIFIED MOTION FOR CONTEMPT CITATION (II)


COMES NOW, Sean Harrington, the Respondent, and moves the court pursuant to C.R.C.P.
§107(5) for a contempt citation to issue requiring the Petitioner to show cause why she should
not be held in contempt of court, subject to fine and imprisonment, or both, and any and all
remedial measures as may be necessary to or appropriate to ensure compliance with the order
of the court. As grounds, therefore, the Respondent states as follows:
                       _________________________________________

1. On the 29th of October, 2003, in response to this Respondent’s Motion to Compel
   Petitioner to Complete Co-Parenting After Divorce Classes or Therapy as per Order of
   Trial Court Entered Nov. 6th 2001, this court issued an order dated October 29th 2003
   stating: “[T]he relief sought by the Respondent must be brought before the Court
   in a Motion for Contempt Citation.” Respondent hereby requests that this court take
   judicial notice of its October 29th Order.

2. On November 6th, 2001, this court so ordered a Stipulated Agreement (“Agreement”)
   between the Petitioner and Respondent in the instant case. The voluminous Agreement is
   contained in the court’s records and the Respondent herewith requests that this court
   take judicial notice of the Agreement. See Sakal v. Donnelly, 30 Colo. App. 384, 494 P.2d
   1316 (1972) (A court may take Judicial Notice of any matters in its own records and files.)




                                                                                                 1
3. Paragraph 1.12 of the ordered Agreement provides, in part, in clear language:

       The Petitioner agrees to take whatever courses are deemed appropriate
       by the Special Advocate, including a class in shared parenting after
       divorce, after her graduation from nursing school in the year 2002.

4. The Report of the Special Advocate was filed with this court in September 17th 2001. The
   Respondent requests this court to take judicial notice of that Report. §III (4) on page 11,
   which was the recommendation referred to by the Agreement (referenced in Paragraph 3,
   hereinabove) provides in clear an unambiguous language:

       That Ms. Ryan complete a six-to-eight week course in shared parenting
       after divorce in order to resolve issues regarding anger and to learn
       how to communicate with Mr. Harrington. If she cannot find such a
       course to fit her schedule, she shall complete a minimum of 10
       individual therapy sessions to address these issues

5. Upon information and belief, the Petitioner, Ms. Ryan, has completed none of the courses
   or therapy recommended by the Special Advocate, Natalie Van Note, and which she
   stipulated to, as noted in Paragraph 3, hereinabove.

6. Ms. Ryan admitted that she has not complied with the Nov. 6th 2001 order described in
   Paragraph 3, hereinabove, during the hearing on July 2nd 2003:

       By Petitioner’s Counsel to Petitioner:
       Q. Tell me why you haven’t gone to the class that you agreed to go to.
       A. I have had absolutely no time to go to any classes.

7. Ms. Ryan found the time to go to college classes during the years of 1999 –2002, which
   were paid for by the Respondent’s share of the proceeds of the sale of his home in 2000,
   yet, she has advanced the meritless argument that she did not have any time to comply with
   the court order since May of 2002, when she graduated.

8. This provision of the ordered Agreement, described in Paragraph 3, hereinabove, was
   solely for the best interests of the parties’ minor child and the co-parenting relationship
   between them.

9. Ms. Ryan’s compliance with the Stipulated Agreement is not volitional and is a duty, not a
   condition and, which has not been waived by this Respondent. “[I]f a party enters into a
   settlement agreement knowingly and voluntarily, the agreement is treated as a binding contract”
   Arnold v. U.S., 816 F.2d 1306, 1309 (9th Cir. 1986) (citing Alexander v. Gardner-Denver Co., 414
   U.S. 36, 52 n.15 (1974))

10. The trial court retains jurisdiction to consider a contempt motion brought after a notice of
    appeal has been filed. Schnier v. District Court, 696 P.2d 264 (Colo. 1985)


                                                                                                   2
11. Contempt proceedings are available to enforce a judgment determining the rights of the
    parties to a divorce proceeding. Harvey v. Harvey, 153 Colo. 15, 384 P.2d 265 (1963).

WHEREFORE, the Respondent requests that this court set this matter for telephone hearing
and issue a remedial contempt citation to the Petitioner and that she be required to comply
with this court’s order as a condition of purging the contempt on the basis of the sworn
allegations contained herein.

                                                                                   Respondent


                                    VERIFICATION
STATE OF COLORADO                           )
                                            ) ss.
COUNTY OF ________________________          )

       Acknowledged and sworn to before me this ______ day of ____________, 2004

       Witness my hand and official seal:   _______________________________




       [SEAL]                                       My Commission expires: _____________



                         CERTIFICATE OF MAILING
The undersigned hereby certifies that on June _____, 2004 a true and correct copy of the
foregoing Verified Motion, Citation, and proposed Order, was mailed, first class postage
prepaid, addressed hereto:

 Jefferson County District Court                    Law Office of Madeline Wilson
100 Jefferson County Pkwy.                          501 S. Cherry Street, Suite 610
Golden, CO 80401                                    Denver, CO 80206

Jefferson County D.S.S.
Attn: Kerin Dyer
Human Services Facility
900 Jefferson County Parkway
Golden, Colorado 80401-6010                                       _____________________




                                                                                             3
 District Court, Jefferson County, Colorado
 100 Jefferson County Parkway
 Golden, Colorado 80401
 Telephone: (303) 271-6130

 In re the Marriage of:

 Petitioner:               CHRISTY HARRINGTON,
                           n/k/a CHRISTY RYAN

 and

Respondent:                SEAN L. HARRINGTON


 Sean Harrington                                                  ⇑ COURT USE ONLY ⇑
 197M Boston Post Road, West                                     Case #: 99DR3717
 Suite #151                                                      Jefferson County Case No.
 Marlborough, MA 01752                                           30-192795-44-8A

                              CITATION IN CONTEMPT

 THE PEOPLE OF THE STATE OF COLORADO, TO THE ABOVE NAMED
 PETITIONER, CHRISTY RYAN,

        WHEREAS, a Stipulated Agreement was ordered in the above entitled action on
 November 6th, 2001, whereby Petitioner was required to attend co-parenting classes and
 therapy following her graduation, at the very latest,
        AND WHEREAS, it appears to the Court from the Respondent’s Verified
 Motion, a copy of which is hereto attached, that Petitioner has failed to comply with said
 order;

         YOU ARE THEREFORE ORDERED, CHRISTY RYAN, TO APPEAR BY
 TELEPHONE to this Court on ________________, 2004, at _______ a.m./p.m., to show
 cause, if any you have, why you should not be adjudged to be in contempt of court, for
 neglect and refusal to comply with the order of Court heretofore entered herein, and be
 punished by fine or imprisonment, or both, or be given a remedial order and be required
 to comply with said Order, to vindicate the dignity of the Court.

         WITNESS, Clerk of our said Court and the seal thereof hereunto affixed, at the
 Jefferson County Combined Court Building in Jefferson County and State of Colorado
 this ______ day of __________ 2004.
                                                              Clerk of the District Court:

                                                      ______________________________
 District Court, Jefferson County, Colorado
 100 Jefferson County Parkway
 Golden, Colorado 80401
 Telephone: (303) 271-6130

 In re the Marriage of:

 Petitioner:               CHRISTY HARRINGTON,
                           n/k/a CHRISTY RYAN

 and

Respondent:                 SEAN L. HARRINGTON
                                                           ⇑ COURT USE ONLY ⇑

 Sean Harrington                                          Case #: 99DR3717
 197M Boston Post Road, West                              Jefferson County Case No.
 Suite #151                                               30-192795-44-8A
 Marlborough, MA 01752

                          ORDER FOR CONTEMPT CITATION

 THE COURT having read the Verified Motion and being fully advised in the premises
 therein,

 ORDERS THEREFORE that the attached Citation shall issue and be executed by the
 Court Clerk.

 DONE this ________ day of __________. 2004.


 ____________________
 District Court Judge/Magistrate

								
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