brian gaintner vs. jennifur gaintner 14-3-03909-2

October 07 2014 10:48 AM

E-FILEDIN COUNTY CLERK'S OFFICE

PIERCE COUNTY, WASHINGTON

KEVIN STOCK COUNTY CLERK

NO: 14-3-03909-2

SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTYCASE COVER SHEET / DOMESTIC & PROBATE CASES

BRIAN GAINTNER VS. JENNIFUR GAINTNERCase Title________________________________________Case Number 14-3-03909-2________________

Atty/Litigant JENNIFER ANN WING_________________ Bar # 27655 Phone (253) 627- 1762

Address 404 1 Ruston Way Ste 2 00

City T A COMA________________________________State WA____________________ Zip 91402

Please check one category that best describes this case for indexing purposes.I f you cannot determine the appropriate category, please describe the cause of action below. This will create a Miscellaneous cause which is not subject to PCLR 3.

DOMESTIC RELATIONSADOPTION / PATERNITY

DISSOLUTION/ Of Marriage with Child (DIC 3) FAM LAW

___ Of Marriage without Child (DIN 3) FAM LAW___ Of Domestic Partnrshp w Child (DPC 3)FAM LAW___ Of Domestic Prtnrshp w/o Child (DPN3)FAM LAWLEGAL SEPARATION___ Of Marriage with Children (LSC 3) FAM LAW___ Of Marriage without Children (LsN 3)FAM LAW___ Of Domestic Partnership w Child (SPDC 3)FAM LAW___ Of Domestic Prtnrshp w/o Child (SPD 3)FAM LAW____Invalidity (INV 3) FAM LAW___ Invalidity Domestic Partnership (INP 3) FAM LAW___ Child Custody (CUS 3) CUSTODY___ Parenting Plan / Child Support (PPS 3) FAM LAW

DOMESTIC RELAT IONS

___ Foreign Judgment Domestic (FJU 3)Non PCLR___ Modification of Custody (MDC 3)Mod of CUSTODY___ Modification of Support Only (MDS 3) Non PCLR___ Reciprocal, In County (RIC 3) Non PCLR___ Reciprocal, Out of County (ROC 3) Non PCLR____C ommitted Intimate Relationship (CIR) FAM LAW____Mi scellane ous (MSC 3) Non P CLR

Mandatory Wage As signment (MSC 3) Non PCLR Out of State Custody (MSC 3) Non PCLR

Adoption (ADP 5) Non PCLRConfidential Intermediary (MSC 5) REV 4Paternity (PAT 5) REV 9URESA / UIFSA (PUR 5) REV 9Relinquishment (REL 5) Non PCLRTerminate of Parent-Child Relation (TER 5) Non PCLRVulnerable Adult Petition (VAP 5) Non PCLRMisc (MSC 5) REV 4

PROBATE / GUARDIANSHIP

Absentee (ABS 4) REV 4 Disclaimer (DSC 4) Non PCLR Estate (EST 4)Foreign Will (FNW 4) RE 12Guardianship (GDN 4) REV 4Limited Guardianship (LGD 4) REV 4Minor Settlement with Guardianship (MST 4) REV 4Non-Probate Notice to Creditors (NNC 4) Non PCLRWill Only (WLL 4) Non PCLRMisc (MSC 4) REV 4Guardianship of Estate (GDE) REV 4Guardianship of Person (GDP) REV 4Limited Guardianship of Estate (LGE) REV 4Limited Guardianship of Person (LGP) REV 4Trnst/Estate Dispute Resolution (TDR) RE 12

MISCELLANEOUS__________________Revised 03/06/2014 Web cicssup-0026.pdf

October 07 2014 10:48 AM




NO: 14-3-03909-2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR PIERCE COUNTY

No. 14-3-03909-2

ORDER ASSIGNING CASE TO JUDICIAL DEPARTMENTDocket Code: AST

JENNIFUR GAINTNER

Respondent(s)

In accordance with PCLR 40(d), this case is hereby assigned to Department 02, Judge KATHERINE M. STOLZ.

BRIAN GAINTNER

Petitioner(s)

vs.

Notice to Petitioner:Once the case has been filed, the petitioner(s) shall serve a copy of this Order Assigning Case to Judicial Department on the respondent(s) with the summons and petition. Provided, however, that in those cases where service is by publication the petitioner shall serve a copy of this Order Assigning Case to Judicial Department within five (5) court days of service of the respondent's first response/appearance. If the case has not been filed, but an initial pleading is served, a copy of this Order Assigning Case to Judicial Department shall be served within five (5) court days of filing. PCLR 1(b).

Trial Date:A trial date may be obtained pursuant to PCLR 40(d) by filing a 'Note of Issue' for assignment of a trial date by noon at least six (6) court days prior to the date fixed for assignment of the trial date. PCLR 40(d)

If a trial date is not obtained pursuant to PCLR 40(d), failure to appear on this date will result in dismissal of the case by the Court. PCLR 40(d)

Assignment to Set Trial Date Friday, February 06, 2015 9:00 AM

At that time the Court will provide you with a Case Schedule which shall include the trial date.

Certificate of Completion of Mandatory Parenting Seminar due from both parties by 12/09/2014. See PCLSPR 94.05(c). https:\\www.co.pierce.wa.us\pc\services\lawjust\parentingseminars.htm

Uncontested Dissolutions/Settlements:If this case is agreed upon by both petitioner(s) and respondent(s) who are represented by attorneys, you are not required to wait for the trial date in order to settle your case; after appropriate time requirements have been met, final pleadings may be presented in Ex Parte. If you are self represented and settle your case and the appropriate time requirements have been met, you may file a Note for Pro Se/Self Represented Dissolution Calendar to appear before a Court Commissioner for entry of final papers.

DATED: October 7, 2014Judge KATHERINE M. STOLZ Department 02

astsup-0007.pdf

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E-FILEDIN COUNTY CLERK'S OFF

PIERCE COUNTY, WASHIN

October 07 2014 10:48


NO: 14-3-03909-2

In re the Marriage of:

BRIAN GAINTNER

Superior Court of Washington County of PIERCE

No.

and

JENNIFER GAINTNER

Petition for Dissolution Petitioner, of Marriage

(PTDSS)

Respondent.

I. Basis

1.1 Identification of Petitioner

Name (first/last) Brian Gaintner, Birth date 03/26/1969

Last known residence Pierce County, WA.

1.2 Identification of Respondent

Name (first/last) Jennifur Gaintner, Birth date 10/31/1971

Last known residence Pierce County, WA,

Pet for Disso of Marriage (PTDSS) - Page 1 of 5 WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020

FamilySoft FonnPAK 2014

Law Office of Jennifer A. Wing, PLLC

4041 Ruston Way, Suite 200 Tacoma, WA 98402

(253) 627-1762

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1.3 Children of the Marriage Dependent Upon Either or Both Spouses

The petitioner and respondent are both the legal (biological or adoptive) parents of the following dependent children:

Name (first/last) Sebastian Gaintner Age 12

1.4 Allegation Regarding Marriage

This marriage is irretrievably broken.

1.5 Date and Place of Marriage

The parties were married on December 19, 1992 at Tacoma, Washington.

1.6 Separation

Petitioner and respondent separated on July 1, 2013.This is the date the parties moved into separate residences.

1.7 Jurisdiction

This court has jurisdiction over the marriage.

This court has jurisdiction over the respondent because:

The respondent is currently residing in Washington.

1.8 Property

There is community or separate property owned by the parties. The court should make fair and equitable division of all the property.

The division of property should be determined by the court at a later date.

1.9 Debts and Liabilities

The parties have debts and liabilities. The court should make a fair and equitable division of all debts and liabilities.

The division of debts and liabilities should be determined by the court at a later date.




(253) 627-1762FamilySoft FormPAK 2014

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1.10 Maintenance

Maintenance should not be ordered.

1.11 Continuing Restraining Order

Does not apply.

1.12 Protection Order

Does not apply.

If you need immediate protection, contact the clerk/court for RCW 26.50 Domestic Violence forms or RCW 10.14 Antiharassment forms.

1.13 Pregnancy

No party is pregnant.

1.14 Jurisdiction Over the Children

This court has jurisdiction over the child for the reasons set forth below.

This state is the home state of the child because the child lived in Washington with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of this proceeding.

1.15 Child Support and Parenting Plan for Dependent Children

A parenting plan and an order of child support pursuant to the Washington State child support statutes should be entered for the following child who are dependent upon both parties.

Names of Children

Sebastian Gaintner

The petitioner's proposed parenting plan for the child listed above is attached and is incorporated by reference as part of this Petition.

(The following information is required only for the child who is included in the petitioner's proposed parenting plan.)


Law Office Jennifer A. Win

4041 Ruston Way Tacoma, WA

(253) 627-1762

of g , PLLCSuite 200

98402FamilySoft FormPAK 2014

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During the last five years, the child has lived in no place other than the State of Washington and with no person other than the petitioner or the respondent.

Claims to custody or visitation:

The petitioner does not know of any person other than the respondent who has physical custody of, or claims to have custody or visitation rights to, the child.

Involvement in any other proceeding concerning the child:

The petitioner has not been involved in any other proceeding regarding the child.

Other legal proceedings concerning the child:

The petitioner does not know of any other legal proceedings concerning the child.

1.16 Other

N/A

II. Relief Requested

The petitioner requests the Court to enter a decree of dissolution and to grant the relief below.

Approve the petitioner's proposed parenting plan for the dependent child listed in paragraph 1.15.

Determine support for the dependent child listed in paragraph 1.15 pursuant to the Washington State child support statutes.

Divide the property and liabilities.

Award the tax exemptions for the dependent child listed in paragraph 1.14 as follows:

Alternate the tax exemption with Father claiming in even years and Mother claiming in odd years.

Order payment of attorney fees, other professional fees and costs.

Jennifer A/AVing, WSBA #276Attorney for Petitioner

Pet for Disso of Marriage (PTDSS) - Page 4 of 5 WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020 Jennifer A. Wing, PLLC

4041 Ruston Way, Suite 200Tacoma, WA 98402

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I declare under penalty of p correct

Signed

the laws of the State of Washington that the foregoing is true

[State] on [Date].

and

Signature of Petitioner




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IN COUN PIERCE

E-FILEDTY CLERK'S OFF

COUNTY, WASHING

October 07 2014 10:48 A


NO: 14-3-03909-2



BRIAN GAINTNER

and

JENNIFUR GAINTNER

No.

Petitioner,Summons(SM)

Respondent.

To the Respondent: JENNIFUR GAINTNER

1. The petitioner has started an action in the above court requesting that your marriage be dissolved.

Additional requests, if any, are stated in the petition, a copy of which is attached to this summons.

1. You must respond to this summons and petition by serving a copy of your writtenresponse on the person signing this summons and by filing the original with the clerk of the court. If you do not serve your written response within 20 days (or 60 days if you are served outside of the state of Washington) after the date this summons was served on you, exclusive of the day of service, the court may enter an order of default against you, and the court may, without further notice to you. enter a decree and approve or provide for the relief requested in the petition. In the case of a dissolution of marriage or domestic partnership, the court will not enter the final decree until at least 90 days after filing and service. If you serve a notice of appearance on the undersigned person, you are entitled to

Summons (SM) - Page 1 of 2 t O frtc eWPF DR 01.0200 Mandatory (6/2008)-CR 4.1

Jennifer A. Wing, PLLC4041 Ruston Way, Suite 200

Tacoma, WA 98402 (253) 627-1762FamilySoft FonnPAK 2014

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notice before an order of default or a decree may be entered.

3. Your written response to the summons and petition must be on form:

WPF DR 01.300, response to Petition (Marriage).

4. This form may be obtained by contacting the clerk of the court at the address below, by contacting the Administrative Office of the Courts at (360) 705-5328, or from the Internet at the Washington State Courts Homepage:

http://www.courts.wa.gov/forms

5. If this action has not been filed with the court, you may demand that the petitioner file this action with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. Within 14 days after you serve the demand, the petitioner must file this action with the court, or the service on you of this summons and petition will be void.

6. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.

7. One method of serving a copy of your response on the petitioner is to send it by certified mail with return receipt requested.

This summons is issued pursuant to RCW 4.28.100 and Superior Court Civil Rule 4.1 of the stateof Washington.

Attorney for Petitioner

File original o f your response with the clerk o f the court at:Clerk of the Court Pierce County Court County-City Building 930 Tacoma Ave. S., Rm 110 Tacoma, WA, 98402

Serve a copy o f your response on:

Petitioner's Lawyer Jennifer A. WingLaw Office of Jennifer A. Wing, PLLC 4041 Ruston Way, Suite 200 Tacoma, Washington 98402

Summons (SM) - Page 2 of 2WPF DR 01.0200 Mandatory (6/2008)- CR 4.1

FamilySoft FormPAK. 2014



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October 07 2014 10:48 AM


NO: 14-3-03909-2




Based on the declaration below, the undersigned moves the court for a temporary order which:

statutes SUPPrt aS determined Pursuant t0 Washington State child support

approves the parenting plan which is proposed by the petitioner,

restrains or enjoins both parties from transferring, removing, encumbering, concealing or in any way disposing of any property except in the usual course of business or for the necessities ot life and requiring each party to notify the other of any extraordinary- expenditures made after the order is issued.

Mtn/Decl for Temp Ord (MTAF) - Page 1 of 3WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060;. 110;. 120;. 194

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restrains or enjoins both parties from assigning, transferring, borrowing, lapsing, surrendering or changing entitlement of any insurance policies of either or both parties whether medical, health, life or auto insurance.

makes each party immediately responsible for their own future debts whether incurred by credit card or loan, security interest or mortgage.

divides responsibility for the debts of the parties:

To Husband:

1.2.3.4.5.6.

To Wife:

1

Rent and utilities on his residence;Sewer bill for family home occupied by Wife;Vehicle insurance premiums for both parties' vehicles;Health insurance premiums for family, including Wife;Payment to Bankruptcy Trustee;Any and all liabilities associated with business - Accuracy Electric, LLC

Mortgage and utilities on her residence (excluding sewer bill);

* Husband has paid Wife's mortgage and utilities current through October 31, 2014.

authorizes the family home to be occupied by the respondent,

orders the use of property:

To Husband:

1.2.3.4.5.

2004 Dodge Durango;Household goods and furnishings currently in his possession; Items in shed at Wife's residence as they pertain to business;All assets of business - Accuracy Electric, LLC;Use of community quads/trailer (to be stored at Wife's residence)

To Wife:

1. 2007 Hyundai Tucson;2. Household goods and furnishings currently in her possession


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Orders that the parties may file income taxes for years 2013, if not filed, and 2014 as Married, Filing Separately. Should the parties file jointly, Wife to be 100% liable for the portion of any tax liability incurred or reduction in refund due to her not claiming taxes while collecting unemployment. Should the parties file separately, Mother may claim youngest child, Sebastian, as an exemption in odd years and Father may claim Sebastian in even tax years.

Dated: i^ J h_Jennifer A.^Wing, WSBA #27655 Attorney for Petitioner





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IN COUNT PIERCE CO'

October

KECOt

NO: 1

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE

In re: Marriage of:

BRIAN GAINTNER, NO.

and

Petitioner, DECLARATION OF BRIAN GAINTN IN SUPPORT OF MOTION FOR TEMPORARY ORDERS

ER

JENNIFUR GAINTNER,

Respondent

I, Brian Gaintner, do hereby declare under penalty of perjury and in accordance with

laws of the State of Washington as follows:

Requested Relief. I request that the court enter the following relief:

the

1. Divide payment of community debt and temporary use of property;2. Enter my proposed temporary parenting plan;3. Enter my proposed child support order with a transfer payment of $1,076.14 per

month;4. Enter mutual financial restraints;

Background of Marriage. Jennifur and I married in December 1992. I was 23 and she

was 21. We have three children, Kyle (23 years old), Kristian (19 years old), and Sebastian (12

years old). Kristian currently lives with me and Sebastian lives with Jennifur. Through the

years, we both worked hard to support our family. We are both high school graduates. I am an

electrician and Jennifur has worked in management in retail (e.g. Target, Lowes). While we

DECLARATION OF BRIAN GAINTNER - 1 Law Office ofJennifer A. Wing, PLLC4041 Ruston Way, Suite 200

Tacoma, WA 98402 253-627-1762

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went to counseling several times over the years, we decided to separate in July of 2013. Since

that time, Jennifur has lived in the family home and I have been in a rental home six miles from

the family home. Our son, Sebastian, attends Hudtloff Middle School in Lakewood. As

described below, Jennifur was terminated from her job at Lowe's almost a year ago, in

November 2013, and has not sought employment since that time. I graduated from Clover Park

High School in 1987. I worked for various electrical companies over the years, but formed my

own business in 2004 with a partner. Ultimately, due to the downturn in the economy in 2008,

my partner and I dissolved the company. I formed my current company, Accuracy Electric LLC,

in 2010 and have been self-employed since that time. Our two oldest sons, Kyle and Kristian,

are employed by me as electrician apprentices and I currently pay them Kyle $ 16/hour and

Kristian $11/hour.

The Court should Adopt mv Proposed Parenting Plan.

Jennifur and I both have strong relationships with our children. We are both in regular

contact with our two older children, Kyle and Kristian and, as stated above, Kristian still lives

with me. Over the years, we have both parented Sebastian. When Jennifur worked in retail, I

performed most parenting duties for Sebastian because Jennifur worked evenings, week-ends and

holidays. Sebastian and I played basketball, went to the movies, played videogames, and did

many other typical father-son activities.

Since Jennifur and I separated, we have not had a parenting plan or official schedule

for Sebastian. When Jennifur was still working (July, 2013 until November, 2013), Sebastian

was with me most of the time. After her termination from Lowes in November 2013, Jennifur

had the time to take Sebastian to and from school, stay with him for school holidays and has

been with him this past summer. After she lost her job and she was home with Sebastian, I


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suddenly rarely saw him. I did not have a regular schedule (and still do not) and Jennifur has

dictated when I see him and for how long. Currently, Jennifur brings Sebastian over to my house

to see me on almost a nightly basis. Jennifur often stays in the car outside my house while he

runs in to see me for 10-15 minutes. 1 have had him over some week-ends, but often my week

end time is cut short because Jennifur and Sebastian have something else planned.

Jennifur is still not working and has no work schedule. I work Monday through Friday

from 4:30 a.m. to 6:00 p.m. I also work some Saturdays, but since I own my business, I can take

off the Saturdays I have with Sebastian. Until Jennifur has a job, I propose that Sebastian

continue to reside with her as the primary caretaker. I further propose that I be given visitation

every other week-end from Friday at 6:00 p.m. to Sunday at 7:00 p.m. and every Wednesday

evening from 5:30 p.m. to 8:30 p.m. During our weekday time, I will have Sebastian over to my

house for dinner and we could relax together, play sports, do homework or just hang out

together. I look forward to more regular time with Sebastian. I feel I need more designated time

with Sebastian to continue to develop and sustain my relationship with him.

I love my son and want to ensure that I have consistent, designated time with him. By

adopting my proposed parenting plan, Sebastian will have the consistency of being with Jennifur

as has been the case over the last year, but will have time with me as well on a consistent basis.

Our Respective Careers/Incomes. I own my own electrical business and my income

depends on the jobs and contracts I bid on and am able to secure. In 2012 and 2013 I made

approximately $80,000 annually. In 2013/beginning of 2014, I was having a very good year as I

had secured a contract for the construction of condominiums in Issaquah, which was very busy

and lucrative. I no longer have that job and I am now working on single family residential

construction, typically two new houses per month. Again, it all depends on the bidding process


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and actually getting the jobs. I have recently had to lay off my top journeyman for the next

month or so until work picks up again, if it does. This year I am on course to make a little under

$110,000. This is based on my ytd pay through August and anticipating I can pay myself the

same amount for the remainder of the year. I averaged the officer compensation from the last

two years for this year as well. Of course, my income is all dependent on the economy and can

fluctuate greatly from year to year and month to month.

Jennifur has always excelled in retail. She started at Target and worked her way up to a

front end manager. While at Target, management from Lowes recruited her when they were

building the new Lowes in Lakewood approximately 12 or 13 years ago. She secured the

Lowes job and was a manager at Lowes working the front end. She was responsible for

ordering, scheduling and managing employees. Jennifur worked at Lowes since its opening.

Prior to losing her job, Jennifur earned $41,500 per year. See her 2012 W2 filed under seal. She

is a bright, organized and motivated person and I am confident she can find a well-paying job. I

have mentioned to her that Home Depot is hiring, that a new Bass Pro Shop is opening, etc.,

however, Jennifur has stated that she no longer wants to work retail and wants a 9-5 type job. I

understand that she may not want to work in retail given its long hours including week-ends and

holidays, but 1 have not seen any effort on her part to obtain employment in any field for the past

year. I am also uncertain if she is still collecting unemployment which was approximately $500

gross per week.

Order of Child Support. I am proposing temporary child support using my income of

$108,800 annually (which is on the higher end) and $40,000 annually (Jennifur - imputed at her

historical rate of earnings), for a child support transfer payment to Jennifur of $ 1,076.41. This

includes a credit of $30.00 per month that I pay towards Sebastian's medical premiums.


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Division of Assets and Liabilities Pending Dissolution and Maintenance. Jennifur

and I do not have substantial assets. I own my electrical business and we have a modest IRA.

Given the downturn in the economy in 2008 (particularly to the construction industry), we had to

declare bankruptcy about one year ago. In the bankruptcy, our credit card debt was forgiven but

the 2007 Hyundai Tucson loan and house was not. I pay the trustee $830 per month on a balance

owing of $19,920.00. I have been paying this for the last year and a half and it is my

understanding that I have another year and a half of payments (36 months total). I am unsure

what would happen to the vehicle that Jennifur drives should I stop paying on this community

debt but I am checking with our bankruptcy attorney for direction.

For the past year since separation, I have paid my own personal expenses, including my

rent of $1,100, as well as the following expenses for Jennifur:

a. Mortgage on family home ($ 1,215 per month);b. All of the utilities on family home incurred by Jennifur:

i. Electric;ii. Gas;iii. Sewer;iv. Water;v. Garbage;vi. Cable (Internet)vii. Direct TV

c. Vehicle insurance on vehicle Jennifur drives; andd. Medical insurance for family including Jennifur

I simply cannot continue to support Jennifurs unemployment and pay all of her bills. It

has been almost a year since she lost her job at Lowes and I do not believe she is even actively

looking for work. As of October, 2014,1 had to stop paying for her satellite television, internet,

and garbage bill as I simply cannot afford it. I have paid the mortgage on the family home that


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she and Sebastian are living in at $1,215 per month and this is paid through the end of October,

2014. As my financial declaration shows, I live very modestly while trying to pay for two

households. 1 have taken on all of our community debt as well as all of our separate debt sino

July, 2013, and I simply cannot continue to do so. I am proposing that Jennifur now be

responsible for the mortgage on the home and all of her utilities (with the exception of the se

for the home as I do not want a lien). I will pay my bills as set forth on my financial declarati

to include Jennifurs sewer bill, the $830 monthly payment to the bankruptcy trustee, health

insurance for the family and car insurance for the vehicle that Jennifur drives.

Jennifur may find that without a job she can no longer stay in the family home. Since

no longer have credit due to the bankruptcy, the only option may be to allow the home to go

foreclosure. Jennifur can remain there mortgage free until such time as it is foreclosed upon,

am also seeing if the community debt payment to the Bankruptcy Trustee can now cease with

causing any detriment to the vehicle that Jennifur drives.

Conclusion. I respectfully request the Court adopt my temporary parenting plan and

proposed order of child support and order my proposed payment of liabilities.

wer

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my


Tacoma, WA 98402 253-627-1762

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y Oc \iDATED this c?S day of September, 2014 at Tacoma, Washington.

/?

y yBRIAN GAINTNER

DECLARATION OF BRIAN GAINTNER - 6 Law Office of Jennifer A. Wing, PLLC4041 Ruston Way, Suite 200

Tacoma, WA 98402253-627-1762

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PIERCE COUNTY, WASHIN

October 07 2014 10:48


NO: 14-3-03909-2


BRIAN GAINTNER

Superior Court of Washington County PIERCE

No.

Parenting Plan Proposed (PPP)

andPetitioner,

JENNIFUR GAINTNERRespondent.

This parenting plan is proposed by Petitioner, Brian Gaintner.

It Is Ordered, Adjudged and Decreed:

I. General Information

This parenting plan applies to the following child:

Name Age

Sebastian Gaintner 12

Parenting Pian (PPP, PPT, PP) Page 1 of 10WPF DR 0 1.0400 Mandatory (6/2008) - RCW 26.09.181;. 187;. 194




(253) 627-1762

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II. Basis for Restrictions

Under certain circumstances, as outlined below, the court may limit or prohibit a parent's contact with the child and the right to make decisions for the child.

2.1 Parental Conduct (RCW 26.09.191(1), (2))

Does not apply.

2.2 Other Factors (RCW 26.09.191(3))

Does not apply.

III. Residential Schedule

The residential schedule must set forth \\>here the child shall reside each day o f the year, including provisions for holidays, birthdays o f family members, vacations, and other special occasions, and what contact the child shall have with each parent. Parents are encouraged to create a residential schedule that meets the developmental needs o f the child and individual needs o f their family. Paragraphs 3.1 through 3.9 are one way to write your residential schedule. I f you do not use these paragraphs, write in your own schedule in Paragraph 3.13.

3.1 Schedule for Children Under School Age

There are no children under school age.

3.2 School Schedule

Upon enrollment in school, the child shall reside with the respondent, except for the following days and times when the child will reside with or be with the other parent:

From Friday, 6:00 p.m. to Sunday, 7:00 p.m. every other week

Every Wednesday from 5:30 p.m. to 8:30 p.m.

3.3 Schedule for Winter Vacation

The child shall reside with the respondent during winter vacation, except for theParenting Plan (PPP, PPT, PP) Page 2 of 10 Law Office ofWPF DR 01.0400 Mandatory (6 /2008)-RCW 26.09.181; .187; .194 T . w .. _ _ _ Jennifer A. Wing, PLLC


(253) 627-1762FamilySoft FormPAK. 2014

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following days and times when the child will reside with or be with the other parent:

Father shall have the first portion of winter vacation in odd years and the second portio of winter vacation in even years. The first portion commences at 6:00 p.m. the day school lets out until 10:00 a.m. on Christmas Day. The second portion commences at 10:00 a.m. on Christmas Day until the evening prior to school commencing at 7:00 p.m.

3.4 Schedule for Other School Breaks

The child shall reside with the respondent during other school breaks, except for the following days and times when the child will reside with or be with the other parent:

The parties to share the spring vacation equally with a Wednesday evening exchange at 6:30 p.m. The Monday/Tuesday and Thursday/Friday shall coordinate with that parent residential weekend.

3.5 Summer Schedule

Upon completion of the school year, the child shall reside with the respondent, except for the following days and times when the child will reside with or be with the other parent:

Same as school year schedule.

3.6 Vacation With Parents

The schedule for vacation with parents is as follows:

Each party may take up to two weeks vacation with the child either consecutively or inconsecutively. The parties to provide each other with their respective vacation plans no later than May 1st of each year. Should there be a conflict in schedules, then Father shall have priority in odd years and Mother shall have priority in even years.

3.7 Schedule for Holidays

The residential schedule for the child for the holidays listed below is as follows:

With Father (Specify Year Odd/Even/Every)

New Year's Day OddMartin Luther King Day EvenPresidents' Day OddMemorial Day Even

Parenting Plan (PPP, PPT, PP) Page 3 of 10 WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187; . 194

With Mother (Specify Year Odd/Even/Every)

EvenOddEvenOdd


4041 Ruston Way,Tacoma, WA 98402

(253) 627-1762

Suite 200


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July 4th Odd EvenLabor Day Even OddVeterans' Day Odd EvenThanksgiving Day Even OddChristmas Eve Odd EvenChristmas Day Even Odd

For purposes of this parenting plan, a holiday shall begin and end as follows (set forth times):

New Year's Day includes New Year's Eve commencing at 6:30 p.m. until 7:00 p.m. on the holiday.

July 4th is an overnight holiday commencing at 10:00 a.m. on the 4th until 10:00 a.m. on the 5th.

Thanksgiving holiday commences Wednesday evening at 6:30 p.m. until Sunday evening at 7:00 p.m.

Christmas Eve/Christmas Day - See Paragraph 3.3 regarding Winter Vacation.

Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.

3.8 Schedule for Special Occasions

The residential schedule for the child for the following special occasions (for example, birthdays) is as follows:

With Father (Specify Year Odd/Even/Every)

With Mother (Specify Year Odd/Even/Every)

Mother's DayFather's Day EverySebastian's Birthday Odd

Every

Even

Special occasions are from 10:00 a.m. until 7:00 p.m.

Should Sebastian's birthday fall on a weekday, then visitation shall be from 5:30 p.m. until 8:30 p.m.

3.9 Priorities Under the Residential Schedule

Parenting Plan (PPP, PPT, PP) Page 4 of 10WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187;. 194


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Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1 and 3.2, in the following order:

Rank the order of priority, with 1 being given the highest priority:

3 winter vacation (3.3)4 school breaks (3.4)1 holidays (3.7)2 special occasions (3.8)5 vacation with parents (3.6)

3.10 Restrictions

Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.

3.11 Transportation Arrangements

Transportation costs are included in the Child Support Worksheets and/or the Order of Child Support and should not be included here.

Transportation arrangements for the child between parents shall be as follows:

The receiving parent to pick up child.

3.12 Designation of Custodian

The child named in this parenting plan is scheduled to reside the majority of the time with the respondent. This parent is designated the custodian of the child solely for purposes of all other state and federal statutes which require a designation or determination of custody. This designation shall not affect either parent's rights and responsibilities under this parenting plan.

mdt

3.13 Other

Does not apply.

3.14 Summary of RCW 26.09.430 - .480, Regarding Relocation of a Child

This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.

If the person with whom the child resides a majority of the time plans to move, that person shall give notice to every person entitled to court ordered time with the child.

If the move is outside the child's school district, the relocating person must give notice byParenting Plan (PPP, PPT, PP) Page 5 of 10WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187; . 194




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personal service or by mail requiring a return receipt. This notice must be at least 60 days before the intended move. If the relocating person could not have known about the move in time to give 60 days' notice, that person must give notice within 5 days after learning of the move. The notice must contain the information required in RCW 26.09.440. See also form DRPSCU 07.0500, (Notice of Intended Relocation of A Child).

If the move is within the same school district, the relocating person must provide actual notice by any reasonable means. A person entitled to time with the child may not object to the move but may ask for modification under RCW 26.09.260.

Notice may be delayed for 21 days if the relocating person is entering a domestic violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health and safety.

If information is protected under a court order or the address confidentiality program, it may be withheld from the notice.

A relocating person may ask the court to waive any notice requirements that may put the health and safety of a person or a child at risk.

Failure to give the required notice may be grounds for sanctions, including contempt.

If no objection is filed within 30 days after service of the notice of intended relocation, the relocation will be permitted and the proposed revised residential schedule may be confirmed.

A person entitled to time with a child under a court order can file an objection to the child's relocation whether or not he or she received proper notice.

An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700, (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule). The objection must be served on all persons entitled to time with the child.

The relocating person shall not move the child during the time for objection unless: (a) the delayed notice provisions apply; or (b) a court order allows the move.

If the objecting person schedules a hearing for a date within 15 days of timely service of the objection, the relocating person shall not move the child before the hearing unless there is a clear, immediate and unreasonable risk to the health or safety of a person or a child.

IV. Decision Making





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4.1 Day-to-Day Decisions

Each parent shall make decisions regarding the day-to-day care and control of each child while the child is residing with that parent. Regardless of the allocation of decision making in this parenting plan, either parent may make emergency decisions affecting the health or safety of the child.

4.2 Major Decisions

Major decisions regarding each child shall be made as follows:

Education decisions: joint

Non-emergency health care: joint

Religious upbringing: joint

Drivers License: joint

Extracurricular Activities: joint

4.3 Restrictions in Decision Making

Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above.

V. Dispute Resolution

The purpose o f this dispute resolution process is to resolve disagreements about carrying out this parenting plan. This dispute resolution process may, and under some local court rules or the provisions o f this plan must, be used before filing a petition to modify the plan or a motion for contempt for failing to follow the plan.

Does not apply as this is a Temporary Parenting Plan.

VI. Other Provisions

There are the following other provisions:

A. The child shall have reasonable telephone privileges with the parent with whom the chile not then residing, without interference from the residential parent.

is

Parenting Plan (PPP, PPT, PP) Page 7 of 10WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187; . 194




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B. Each parent agrees to exert every reasonable effort to maintain free access and unhampered contact and communication between the child and the other parent, and to promote emotions of affection, love and respect between the child and the other parent. Each parent agrees to refrain from words or conduct which would have a tendency to estrange the chid from the other parent, to damage the opinion of the child as to the other parent,or which would impair the natural development of the child's love and respect for the other parent. Each parent agrees and understands that words or conduct which have a tendency to estrange or diminish the opinion of the child from the other parent, also tends to diminish the child's self-esteem and self-worth.

C. Each parent agrees to honor the other's parenting style, privacy and authority, so long as it is not adverse to the child's best interest. Neither parent shall interfere in the parenting style of the other, nor shall either parent make plans or arrangements that would impinge upon the other parent's authority or time with the child without the express agreement of the other. Each parent shall encourage the children to discuss his or her grievance against the parent directly with the parent in question. It is the intent of both parents to encourage direct parent-child communication and bonding.

D. Each parent shall have equal authority to confer with school, daycare, health and other program personnel regarding the child's progress, and each parent shall have full and equal access to the education and healthcare records of the child.

E. Each parent shall inform the other when that parent plans to be away from his or her residence with the child for more than two consecutive nights. The information to be provided shall include duration of the period, the destination(s) and destination telephone number(s). This provision is included solely for the purpose of knowing the parent's and child's location in the event of an emergency and is not meant to be intrusive.

F. Neither parent shall advise the child of the status of child support payments or other legal matters regarding the parental relationship and obligation.

G. Neither parent shall use the children, directly or indirectly, to gather information about the other parent or take verbal messages to the other parent.

H. Each parent shall have the right and responsibility to insure that the children attend school or other scheduled activities while in that parent's care. Activities shall not be scheduled to unreasonably interfere with the other parent's residential time with the child.

I. Each parent shall provide the other parent with the address and telephone number of their residence and update such information promptly whenever it is anticipated to change or changes. "Reasonableness" is defined at least 30 days in advance of a scheduled move, or within 72 hours of an unscheduled move.

Parenting Plan (PPP, PPT, PP) Page 8 of 10 Law Office ofWPF DR 01.0400 Mandatory (6/2008) -RCW 26.09.181;. 187;. 194 T . r . T _Jennifer A. Wing, PLLC



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J. Neither parent shall ask the child to make decisions or requests involving the residential schedule with the children except for plans which have already been agreed to by both parents in advance.

K. Neither parent shall encourage the child to change his or her primary residence the child to believe that it is his or her choice to do so. It is a choice which will be parents, or if they cannot agree, the courts.

or encourage made by the

VII. Declaration for Proposed Parenting Plan

(Only sign if this is a proposed parenting plan.) I declare under penalty of perjury under the laws of the State of Washington that this plan has been proposed in good faith and that the statements in Part II of this Plan are true and correct.

s . f-----/ ~ ^

____1 (a ) A____________Brian Gaintner Date and Place of SignaturePetitioner

VIII. Order by the Court

It is ordered, adjudged and decreed that the parenting plan set forth above is adopted and approved as an order of this court.

WARNING: Violation of residential provisions of this order with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or 9A.40.070(2). Violation of this order may subject a violator to arrest.

When mutual decision making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process.

If a parent fails to comply with a provision of this plan, the other parent's obligations under the plan are not affected.

Dated:______________________________ __________________Judge/Commissioner





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Presented by:

Jennif6r A. Wing, WSBA #27655 Attorney for Petitioner

Parenting Plan (PPP, PPT, PP) Page 10 of 10WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181; . 187; . 194


4041 Ruston Way Tacoma, WA

(253) 627-176

ofg, PLLCSuite 200

98402 2




October 07 2014 10:48 AM


NO: 14-3-03909-2

Washington State Child Support Schedule Worksheets[ ] Proposed by [ ] [ ] State of WA [ ] Other (CSWP)Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)

Mother Jennifur Gaintner Father Brian GaintnerCounty PIERCE Case No.

Child(ren) and Age(s): Sebastian Gaintner, 12Parti: Income (see Instructions, page 6)1. Gross Monthly Income Father Mother

a. Wages and Salaries $9,066.70 $3,333 30b. Interest and Dividend Income - -c. Business Income - -d, Maintenance Received - -e. Other Income - -f. Imputed Income - -g.Total Gross Monthly Income {add lines 1a through 1f) $9,066.70 $3,333 30

2. Monthly Deductions from Gross Incomea. Income Taxes (Federal and State) T a x Year: 2 0 14 $1,770.51 $202 65b. FICA (Soc.Sec.+Medicare)/Self-Employment Taxes $693.61 $254 99c. State Industrial insurance Deductions - -d. Mandatory Union/Professional Dues - -e. Mandatory Pension Plan Payments - -f. Voluntary Retirement Contributions - -g.Maintenance Paid - -h. Normal Business Expenses - -i. Total Deductions from Gross Income

(add lines 2a through 2h) $2,464.12 $457 643, Monthly Net Income (line 1g minus 2i) $6,602.58 $2,875 664. Combined Monthly Net Income

(line 3 amounts combined)$9,478.24

5. Basic Child Support Obligation (Combined amounts -*) Sebastian Gaintner $1557.00

$1,557.00

6. Proportional Share of Income(each parent's net income from line 3 divided by line 4) .697 .303

WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 1 o f 5

Part II: Basic Child Support Obligation (see Instructions, page 7)7. Each Parent's Basic Child Support Obligation without consideration

of low income limitations (Each parent's Line 6 times Line 5.) $1,085.23 $471.778. Calculating low income limitations: Fill in only those that apply.

Self-Support Reserve: (125% of the Federal Poverty Guideline.) $1,216 .00a. Is combined Net Income Less Than $1,000? If ves. for each

parent enter the presumptive $50 per child.b. Is Monthlv Net Income Less Than Self-Support Reserve? If ves.

for that parent enter the presumptive $50 per child.c. Is Monthlv Net Income equal to or more than Self-Suooort

Reserve? If ves. for each parent subtract the self-support reserve from line 3. If that amount is less than line 7, enter that amount or the presumptive $50 per child, whichever is greater.

9. Each parent's basic child support obligation after calculating applicable limitations. For each parent, enter the lowest amount from line 7, 8a - 8c, but not less than the presumptive $50 per child.

$1,085.23 $471. 77

Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8

10. Health Care Expenses Father Mothera. Monthly Health Insurance Paid for Child(ren) $30.00b. Uninsured Monthly Health Care Expenses Paid for Child(ren) -c. Total Monthly Health Care Expenses

(line 10a plus line 10b) $30.00d.Combined Monthly Health Care Expenses

(line 10c amounts combined) $30.0011. Day Care and Special Expenses

a. Day Care Expenses .b. Education Expenses -c. Long Distance Transportation Expenses -d. Other Special Expenses (describe)

-

-

-

-

e. Total Day Care and Special Expenses (Add lines 11a through 11 d)

-

12. Combined Monthly Total Day Care and Special Expenses (line 11 e amounts Combined)

13. Total Health Care, Day Care, and Special Expenses (line 10d plus line 12) $30.00

14. Each Parent's Obligation for Health Care, Day Care, and Special Expenses (multiply each number on line 6 by line 13) $20.91 $9.09

Part IV: Gross Child Support Obligation

15. Gross Child Support Obligation (line 9 plus line 14) $1,106.14 $480.86

Part V: Child Support Credits (see Instructions, page 9)

16. Child Support Creditsa. Monthly Health Care Expenses Credit $30.00 b.Day Care and Special Expenses Credit -


c. Other Ordinary Expenses Credit (describe)-

d.Total Support Credits (add lines 16a through 16c) $30.00 -

Part VI: Standard Calculation/Presumptive Transfer Payment (see Instructions, page 9)

17. Standard Calculation (line 15 minus line 16d or $50 per child whichever is greater) $1,076.14 $480.86

Part VII: Additional Informational Calculations

18. 45% of each parent's net income from line 3 (.45 x amount from line 3 for each parent) $2,971.16 $1,294.05

19. 25% of each parent's basic support obligation from line 9 (.25 x amount from line 9 for each parent) $271.31 $117. 94

Part VIII: Additional Factors for Consideration (see Instructions, page 9)20. Household Assets

(L is t the e s tim a te d v a lu e o f a ll m a jo r ho use h o ld a sse ts .)Father's

HouseholdMother's

Householc1a. Real Estate -b. Investments -c. Vehicles and Boats -d. Bank Accounts and Cash -e. Retirement Accounts -f. Other: (describe) -

-

-

-

21. Household Debt(List liens against household assets, extraordinary debt.)a. -b. -c. -d. -e. -f. -

22. Other Household Incomea. Income Of Current Spouse or Domestic Partner

(if not the other parent of this action)Name -Name -

b. Income Of Other Adults in HouseholdName -Name -

c. Gross Income from overtime or from second jobs the party is asking the court to exclude per Instructions, page 8 - -

d. Income Of Child(ren) (if considered extraordinary)Name .Name -


e. Income From Child SupportName - -Name - -

f. Income From Assistance ProgramsProgram - -Program - -

g.Other Income (describe)- -

-

23. Non-Recurring Income (describe)-

-

24. Child Support Owed, Monthly, for Biological or Legal Child(ren) Father'sHousehold

Mother'sHousehold

Name/age: Paid [ ] Yes [ ] No -Name/age: Paid [ ] Yes [ ] No -Name/age: Paid [ ] Yes [ ] No -

25. Other Child(ren) Living In Each Household (First name(s) and age(s))

26. Other Factors For ConsiderationFather's income based on 2014 ytd and average of officer wages for annual of $108,800; Taxes: Married/1Mother's income based on historical earnings of $40,000/annually; Taxes: Married/2


Judicial/Reviewing Officer Date

Worksheet certified by the State of Washington Administrative Office of the Courts. Photocopying of the worksheet is permitted.

WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 5 of 5 SupportCa/c 2014c:..\state templates\waworksheet.dtf p:\familysoft\client list\gaintner\gaintner.scp 09/22/2014 03:37 pm

WORKSHEET SYNOPSIS

FATHER MOTHER1. Monthly Net Income Tax Year: 2014 $6,602.58 $2,875.662. Proportional Share of Income .697 .3033. Basic Support:

Sebastian Gaintner $1557.00

4. TOTAL $1,557,00

5. Basic Support Obligation with Income Limitations6 . O b lig a t io n fo r H e a lth C a re , D ay C a re , a n d S p e c ia l E xp .

$1,085.23$20.91

$471.77$9.09

7. TOTAL OBLIGATION $1,106.14 $480.86

8. CREDIT for Medical $30.009. CREDIT for Day Care and Special Exp.

10. CREDIT for Ordinary Expenses

11. TOTAL CREDITS $30.00

12. Father Pays Mother $1076.14

Calculated Using Self Support Reserve: 2014

File Name: Gaintner.SCPPage was printed on 9/22/2014 at 03:37 PM

COMBINED$9,478.24

$30.00

SupportCa/c 2014

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PIERCE COUNTY, WASHINi

October 07 2014 10:48 A


NO: 14-3-03909-2

S u p e r i o r C o u r t o f W a s h i n g t o n C o u n t y o f F I E R C E

In re :

BRIAN GAINTNER

And

JENNIFUR GAINTNER

P e t i t i o n e r , F in a n c i a l D e c l a r a t i o n| X | P e t i t i o n e r [ ( R e s p o n d e n t ( F N D C L R )

R e s p o n d e n t ,

Name: Brian Gaintner Date of Birth: 03/26/1969

I. S u m m a r y o f B as ic I n f o r m a t i o nDeclarant's Total Monthly Net Income (from 3.3 below)Declarant's Total Monthly Household Expenses (from g 5.9 below)Declarant's Total Monthly Debt Expenses (from g 5.11 below)Declarant's Total Monthly Expenses (from 5.12 below)Estimate of the other party's gross monthly income (from 3.1 g below) [X]

[ ]

S6.602.58S3.452.00

$830.00$4,282.00$3,333.30Unknown

II . P e r s o n a l I n f o r m a t i o n2.1 Occupation: Electrician

2.2 The highest year of education completed: 12

2.3 Are you presently employed? [X] Yes [ ] Noa. If yes: ( 1) Where do you work. Employer's name and address must be listed on the

C o n f i d e n t i a l I n f o r m a t i o n F o r m .(2 ) When did you start work there? (month/year) 2 0 1 0

b. If no: (1) When did you last work? (month/year)

(2) What were your gross monthly earnings? -

(3) Why are you presently unemployed?

Financial Declaration (FNDCLR) - Page 1 of 6 WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1) Law Office of

Jennifer A. Wing, PLLC 4041 Ruston Way, Suite 200

Tacoma, WA 98402 (253) 627-1762SupportCa/c/FD 2014

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III. I ncome Information

If child support is at issue, complete the Washington State Child Support Worksheet(s), skip Paragraphs 3.1 and 3.2. If maintenance, fees, costs or debts are at issue and child support is Not an issue this entire section should be completed. (Estimate of other party's income information is optional.)

3.1 Gross Monthly IncomeIf you are paid on a weekly basis, multiply your weekly gross pay by 4.3 to determine your monthly wages and salaries. If you are paid every two weeks, multiply your gross pay by 2.15. If you are paid twice monthly, multiply your gross pay by 2. If you are paid once a month, list that amount below.

Brian Gaintner Jennifur Gaintnera. Imputed Incomeb. Wages and Salaries $9,066.70 $3,333.30c. Interest and Dividend Incomed. Business Incomee. Spousal Maintenance Received

Fromf. Other Incomeg. T o t a l G r o s s M o n t h l y I n c o m e S 9 ,0 6 6 .7 0 $ 3 ,3 3 3 .3 0

(add lines 3.1a through 3. le)h. Actual Gross Income (Year-to-date)

3.2 Monthly Deductions From Gross IncomeBrian Gaintner Jennifur Gaintner

a. Income Taxes $1,770.51 $202.65b. FICA/Self-employment Taxes $693.61 $254.99c. State Industrial Insurance Deductionsd. Mandatory Union/Professional Duese. Pension Plan Paymentsf. Spousal Maintenance Paidg. Normal Business Expensesh. T o t a l D e d u c t i o n s f r o m G r o s s I n c o m e $ 2 ,4 6 4 .1 2 S 4 5 7 .6 4

(add lines 3.2a through 3.2g)

3.3 M o n t h l y N e t I n c o m e (Line 3. If minus line 3.2h S6,602.58 $2,875.66or line 3 from the Child Support Worksheet(s).)

Financial Declaration (FNDCLR) - Page 2 of 6 WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1) Law Office of

Jennifer A. Wing, PLLC4041 Ruston Way, Suite 200

Tacoma, WA 98402 (253) 627-1762SupportCo/c/FD 2014

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3.4 Miscellaneous Income Brian Gaintner Jennifur Gaintnera. Child support received from other relationships

Name:Name:

b. Other miscellaneous income (list source and amounts)Income of current spouse Name:Name:Income of children Name:Name:Income from assistance programs Name:Name:Non-recurring income Name:Name:Other Income:

c. Total Miscellaneous Income(add lines 3.4a through 3.4b)

3.5 Income of Other Adults in HouseholdName: Kristian - son ($11/hour) -Name: -

3.6 If the income of either party is disputed, state monthly income you believe is correct andexplain below:

IV. Available Assets4.1 Cash on hand -4.2 On deposit in banks S45.004.3 Stocks and bonds -

Cash value of life insurance -4.4 Other liquid assets: -

V. Monthly Expense InformationMonthly expenses for myself and 1 dependents are: (Expenses should be calculated for the future, after separation, based on the anticipated residential schedule for the children.)

5.1 HousingRent, 1 st mortgage or contract payments S1,100.00Installment payments for other mortgages orencumbrancesTaxes & insurance (if not in monthly payment)Total Housing SI,100.00

Financial Declaration (FNDCLR) - Page 3 of 6 WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)



(253) 627-1762SupportCa/c/FD 2014

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5.2 UtilitiesHeat (gas & oil) $60.00Electricity $100.00Water, sewer, garbage $120.00Telephone $90.00Cable $65.00Other: DirectTV $80.00T o t a l U t i l i t ie s S 5 1 5 .0 0

5.3 Food and SuppliesFood for 2 persons $400.00Supplies (paper, tobacco, pets) $75.00Meals eaten out $ 100.00Other:T o t a l F o o d S u p p l i e s S 5 7 5 .0 0

5.4 ChildrenDay Care/Babysitting Clothing Tuition (if any)Other child-related expenses T o t a l E x p e n s e s C h i l d r e n

5.5 TransportationVehicle payments or leases Vehicle insurance & license $270.00Vehicle gas, oil, ordinary maintenance $400.00ParkingOther transportation expensesT o t a l T r a n s p o r t a t i o n $ 6 7 0 .0 0

$50.00

S 5 0 .0 0

5.6 Health care (Omit if fully covered)InsuranceUninsured dental, orthodontic, medical, eye care expensesOther uninsured health expenses T o ta l H e a l th C a r e

5.7 Personal Expenses (Not including children)ClothingHair care/personal care expenses Clubs and recreation EducationBooks, newspapers, magazines, photosGiftsOther:T o t a l P e r s o n a l E x p e n s e s


$317.00$25.00

$ 3 4 2 .0 0

$50.00$25.00$50.00

$25.00$50.00

$200.00



(253) 627-1762SupportCa/c/FD 2014

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5.8 Miscellaneous ExpensesLife insurance (if not deducted from income)Other:Other:T o t a l M i s c e l l a n e o u s E x p e n s e s

5.9 T o t a l H o u s e h o l d E x p e n s e s S 3 ,4 5 2 .0 0(The total of Paragraphs 5.1 through 5.8)

5.10 Installment Debts Included in Paragraphs 5.1 Through 5.8Creditor/Description of Debt Balance Month of Last Payment

5.11 Other Debts and Monthly Expenses not Included in Paragraphs 5.1 - 5.8Month of Amount of

Creditor/Description of Debt Balance Last Payment Monthly PaymentBankruptcy Trustee $19,920.00 Current $830.00




(253) 627-1762SupportCa/c/FD 2014

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Total Monthly Payments for Other Debts and Monthly Expenses

S830.00

5.12 Total Expenses (Add Paragraphs 5.9 and 5.11)

VI. Attorney Fees

S4,282.00

6.1 Amount paid for attorney fees and costs to date: $3,000.00

6.2 The source of this money was:

6.3 Fees and costs incurred to date: -

6.4 Arrangements for attorney fees and costs are:

6.5 Other:

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Signed at

/u -

, [City] [State] on_ 2 . ^ O o m j& ke l

L Lnan Gaintner

Signature o f Declarant

The following financial records are being provided to the other party' and filed separately with the court.

Financial records pertaining to myself:

[ ] Individual [ ] Partnership or Corporate Income Tax returns forthe years: including all W-2s and schedules;

[ ] Pay stubs for the dates of

[ ] Other:

Do not attach these financial records to the financial declaration. These financial records should be served on the other party and filed with the court separately using the sealed financial source documents cover sheet (WPF DRPSCU 09.0220). If filed separately using the cover sheet, the records will be sealed to protect your privacy (although they will be available to all parties in the case, their attorneys, court personnel and certain state agencies and boards.) See GR 22 (c)(2).


Template: p:\familysoft\client list\gaintner\fd edited.dtfClient: p:\familysoft\client list\gaintner\gaintner.scp 09/22/2014 03:36 pmSupport/'cj/c/FD 2014



(253) 627-1762

October 07 2014 10:54 AM




NO: 14-3-03909-2


B R IA N G A IN T N E R

P etitione r(s ),

vs.

No. 1 4 -3 -0 390 9 -2

N O T E FO R C O M M IS S IO N E R 'S C A L E N D A R

JE N N IF U R G A IN T N E R

R e sp o n d e n t(s )

TO THE CLERK OF THE SUPERIOR COURT AND TO:Name: JENNIFUR GAINTNER Phone:Address: 7601 76TH AVENUE SW LAKEWOOD, WA 98498 Respondent

P lease ta ke no tice th a t an issue o f law in th is case w ill be heard on the da te and tim e sho w n be low :

Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402 Motion - Temporary Order Calendar: Show Cause/Family Law

CALENDAR DATE: Monday, November 03, 2014 9:00 AM

WORKING COPIES SHALL BE SUBMITTED TO COMMISSIONERS SERVICES ROOM 140, BEFORE 12:00 NOON TWO COURT DAYS PRIOR TO HEARING

DATED: O c to b e r 7, 2014.NAME: JE N N IF E R A N N W IN GADDRESS: 4041 R uston W a y S te 200

T A C O M A , W A 98 40 2 -5 3 0 0

Signed: /s / JE N N IF E R A N N W IN GPhone: (25 3 ) 62 7 -1 7 6 2WSBA#: 2765 5For: A tto rn e y fo r P la in tiff/P e tit io n e r

Note for Commissioners Calendar (ntc.rptdesign) 1 of 1

October 20 2014 11:58 AM


NO: 14-3-03909-2




BRIAN GAINTNER

Petitioner(s), NO. 14-3-03909-2

vs. NOTICE OF APPEARANCE

JENNIFUR GAINTNER

_______________ Respondent(s)

TO: Clerk of the CourtAND TO: JENNIFER ANN WING, attorney for Petitioner, BRIAN GAINTNER, SEBASTIAN GAINTNER

PLEASE TAKE NOTICE that JASON P BENJAMIN, appears herein on behalf of the Respondent(s) JENNIFUR GAINTNER and requests that all further pleadings and paper, except original process, be served upon said attorney at the address listed below.

DATED: October 20, 2014 /s/ JASON P BENJAMIN JASON P BENJAMIN, #25133 Attorney for Respondent(s)

Benjamin & Healy 1201 Pacific Ave Ste C7

ntaprsup-0001 .pdf TACOMA wa 9842-4393(253)512-1196

October 22 2014 2:40 PM


NO: 14-3-03909-2



IN THE SUPERIOR COURT, IN AND FOR THE COUNTY OF PIERCE, STATE OF WASHINGTON

IN RE THE MARRIAGE OF: BRIAN GAINTNERPlaintiff/Petitioner

vs.JENNIFUR GAINTNER

Cause No.: 14-3-03909-2Hearing Date: 11/03/2014

DECLARATION OF SERVICE OFDefendant/Respondent NOTE FOR COMMISSIONER'S CALENDAR; SUMMONS;

PETITION FOR DISSOLUTION OF MARRIAGE; MOTION AND DECLARATION FOR TEMPORARY ORDER; DECLARATION OF BRIAN GAINTNER IN SUPPORT OF MOTION FOR TEMPORARY ORDERS; PARENTING PLAN PROPOSED; WASHINGTON STATE CHILD SUPPORT SCHEDULE WORKSHEETS; FINANCIAL DECLARATION- PETITIONER; SEALED FINANCIAL SOURCE DOCUMENTS

The undersigned hereby declares: That s(he) is now and at all times herein mentioned was a citizen of the United States, over the age of eighteen, not an officer of a plaintiff corporation, not a party to nor interested in the above entitled action, and is competent to be a witness therein.

On the 20th day of October, 2014 at 7:08 PM at the address of 7601 76TH AVE. SW, LAKEWOOD, Pierce County, WA 98498; this declarant served the above described documents upon JENNIFUR GAINTNER by then and there personally delivering 1 true and correct copy(ies) thereof, by then presenting to and leaving the same with JENNIFUR GAINTNER, Who tried to refuse service, with identity confirmed by verbal communication, a blonde-haired white female approx. 25-35 years of age. Her son who answered stated I will go get her.

No information was provided or discovered that indicates that the subjects served are members of the United States military.

Service Fee Total: $ 69.50

ORIGINAL PROOF OF SERVICE

For: Kampbell & Johnson, PLLC Ref#: GAINTNER AND GAINTNER

PAGE 1 OF2 Tracking #: 0004974550

Declarant hereby states under penalty of perjury under the laws of the State of Washington that the statement above is true and correct.

ORIGINAL PROOF OF SERVICE

For: Kampbell & Johnson, PLLC Ref#: GAINTNER AND GAINTNER

P A G E 2 O F 2 Tracking #: 0004974550

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E-FILEDIN COUNTY CLERK'S OFFI

PIERCE COUNTY, WASHING

October 28 2014 8:44 AM


NO: 14-3-03909-2


BRIAN GAINTNER

and

Superior Court of Washington County of PIERCE '

No. 14-3-03909-2

Petitioner,

Motion for Temporary Order (MTAF)


I. Motion

Based on the declaration below, the undersigned moves the court for a temporary order which:

orders temporary maintenance.

orders child support as determined pursuant to the Washington State child support statutes.

approves the parenting plan which is proposed by the respondent.

restrains or enjoins both parties from transferring, removing, encumbering, concealing or in any way disposing of any property except in the usual course of business or for the necessities of life and requiring each party to notify the other of any extraordinary expenditures made after the order is issued.

restrains or enjoins both parties from assigning, transferring, borrowing, lapsing, surrendering or changing entitlement of any insurance policies of either or both parties whether medical, health, life or auto insurance.

divides responsibility for the debts of the parties.

Mtn for Temp Ord (MTAF) - Page 1 of 2 L A W OFFICES OFWPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194 B E N JA M IN & HEALY , PLLC

1201 Pacific Ave, Suite C7FamilySoft FormPAK 2014 Tacoma, WA 9 8 40 2

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authorizes the family home to be occupied by the respondent.

Dated: /0Jason P. Benjamin, WSBA# 25133 Attorney for Petitioner

Mtn for Temp Ord (MTAF) - Page 2 of 2 LAW OFFICES OFWPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194 BENJAMIN & HEALY, PLLC

1201 Pacific Ave, Suite C7 Tacoma, WA 98 40 2

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E-FILEDIN COUNTY CLERK'S OFFIC

PIERCE COUNTY, WASHING'

October 28 2014 8:44 AM


NO: 14-3-03909-2


In re the Marriage of: No. 14-3-03909-2

BRIAN GAINTNER

andPetitioner, DECLARATION OF JENNIFUR GAINTNER


This declaration is made in response to Petitioners Motion and in support of my motion for spousal maintenance.

We have been together for 27 years; married for 22 of those years as of December. We have three children; two of them are no longer dependents.

PARENTING PLAN

I did agree to Brians proposed parenting plan based on his representations he stated in his declaration. For example, he states that he would take Saturdays off from work for the weekends he has with our son. It is his own company and he has this ability, but has not done so.

Additionally, I would like it to be added that Brian (not a third party) is required to take our son to his scheduled activities. If he cannot take him, I am more than happy to. Both parties should be able to attend his activities.

Our son is in Tae Kwon Do MMA during the week, but some of the activities fall on Saturdays. He has already missed one mandatory event because Brian did not want to pay for him to attend and take him, which unfortunately may result in our son waiting an additional year to obtain his black belt. Our son is really upset about this and a year to a 12 year old feels like an eternity.

Mtn/Decl for Temp Ord (MTAF) - Page 1 of 4 LAW OFFICES OFWPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194 BENJAMIN & HEALY, PLLC

1201 Pacific Ave, Suite C7 Tacoma, WA 98 40 2

Ph: 2 5 3-5 12 -114 0 / Fx: 2 5 3-5 12 -19 57FamilySoft FormPAK 2014

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Brian does not participate in any parent-teacher conferences or sports. If something falls during times that Brian is with him, he needs to take Sebastian or contact me so that I can make sure he attends.

Another concern is that Brian is discussing this divorce with our son. He is telling our son that we are getting back together and that he is moving back into the home. These things should not be conveyed to our son because it is stressful for children to hear adult conversations and it is confusing for Sebastian.

Brian told our son that because I got an attorney, he was really thinking about things and wants to come home and that he was going to tell his attorney to cancel the divorce. Our son did not know that I had an attorney and it was inappropriate for him to discuss these adult conversations with him.

SPOUSAL MAINTENANCE / CHILD SUPPORT

Brian and I both graduated high school. I have been supportive of Brians career and entrepreneur decisions with regard to his business. We spent a lot of time and energy getting his 2nd business up and running. Our goal with this business was to start this venture and create a very lucrative business that he could run from an office so that he did not have to work in the field and avoid having to work on his knees. He has very bad knees and so I did not want him to have to keep working on them. I co-signed all of the loans, taxes, credit cards and documents he has needed. He did not keep me entirely in the loop with regard to his business. I never asked questions and just tried to be supportive.

As far as my employment, I have worked in the retail field. I have been unemployed for 10 months and have been very aggressive with looking for employment. I want to get back into the working field and have never been one to not work. I worked at Target for 6 years and then at Lowes for 13 years.

I signed up for job alert so that I can be notified when something opens up. I have applied to numerous positions, including part-time and on-call positions. I have a couple open applications with the school district that are still pending as well. My friends and family know that I am looking and they also keep an eye out for me to let me know.

I do not want to work in retail due to the hours, but since I have not had any luck with the other positions, I have put in applications for retail positions such as Home Depot and Target.

Since Brian has repeatedly made false statements to portray that I do not want to work or gain employment, I have attached just a few of the applications I sent out as evidence beginning from May 2014 as Exhibit A. However, I could provide tons more if needed.

Since Brian shut off the internet, I am forced to take my l-pad to the McDonalds to get Wifi to apply to positions. I also use my cell phone at times, but that is difficult on such a small screen.In addition, if my son has to do anything for homework online, we have to go to McDonalds. This is appalling given Brians income. Our son should not go without internet.

At this point, I am considering going back to school. I do not have any college education and I think that I would have better opportunities if I go back to school.


1201 Pacific Ave, Suite C7FamilySoft FormPAK 2014 TaCOma, WA 98 40 2

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I have not received unemployment since I believe June 2014. I have absolutely no income.

Brian is the only one in our household that is earning an income and he knows that I am fully financially dependent on him. He decided to stop paying some of the household expenses. I am extremely concerned by his latest email to our bankruptcy attorney that he does not want to pay our mortgage. Please see Exhibit B.

I have also attached a medical statement for Sebastian that I received in the mail showing we are 60 days past due because Brian will not pay. I have attached this as Exhibit C and am requesting that Brian pay this immediately and provide proof.

Brian does not communicate with me or tell me he doesnt plan to pay something - things just get shut off. For example, the cable, internet and phone just stopped working. I have not had garbage service for at least 3 weeks! I am forced to take my garbage to my sisters or sometimes family will take with them and put in their trash can. According to Brians financial declaration, he earns over $9,000 per month, but does not want to provide any spousal support or pay for our household expenses.

Everything that he shut off, he should be responsible to turn back on. I am asking that he be responsible for the debt accruing due to his lack of payments. Specifically, Direct TV is now sending statements regarding collection and we owe $374.68.

He does not even offer or discuss spousal maintenance, so I have filed a separate motion to address this issue. Brian is more concerned about his money than anything else.

I believe Brian makes more than $9,000 per month. His $110,000 estimate is based off of his 2012 Tax Return, but the most recent 2013 Tax Return shows as follows:

la Gross receipts or sales 1a 408,907fa Returns and allowances lb

E

c Balance. Subtract line tbfrom line 1a 1c 408,9072 Cost of goods sold (attach Form 1125-A) 2 179,602

00 3 Gross orofit. Subtract line 2 from line 1c 3 229,305

Brian says he does not have the available funds, but his own financial declaration using the low figure of $9,000 gross shows that he has $2,320.58 left over after all debts and expenses are paid (not including our mortgage).

Using an extremely low figure for his own income, Brian uses the highest figure from my employment with Lowes with 13 years of promotions and increases. As with retail, I would not be able to find employment and start out at $41,500. The figures he has imputed for me are not an accurate depiction of earnings I would be able to obtain at this time. Most of the positions I am applying for are around $13 per hour. Even applying to these, I am not having any luck.

I am asking that I be imputed at $13 per hour, which is a more realistic figure.

Using an estimated figure of $12,000 for Brians gross income and $13 per hour for me, it would provide for a transfer payment of $1,358.


1201 Pacific Ave, Suite C7FamilySoft FormPAK 2014 Tacoma, WA 98 40 2

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I am requesting spousal maintenance to equalize a total of $4,500 in undifferentiated support. This would equalize the incomes of our households.

He should continue to make the bankruptcy payments, as the second mortgage on the house and my car payment are included in that monthly premium and these need to be maintained.

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Signed at Tacoma, Washington on October 27, 2014.


brian gaintner vs. jennifur gaintner 14-3-03909-2

Documents