Fernandez v. Suddock

Filing 1

COMPLAINT against John Suddock, filed by Cynthia L. Fernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Attachment 1)(BJK, COURT STAFF)

IN TIlE SUPERIOR COURT FOR THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT AT ANCHORAGE

In the Matter of the Dissolution of the Marriage of

)

DAVID M. FERNANDEZ.

)
)
)

)

and

)

CYNTHIA L. FERNANDEZ,

)
)

Husband and Wife

)

) Case No. 3AN-86-9323 CI

FINDINGS OF FACT AND CONCLUSlONS OF LAW
This matter came before the court for a settlement conference before the
Honorable John Suddock Superior Court Judge on May 10, 2011.

David Fernandez

appeared by and through his attorneys of record~ Palmier-Erwin, LLC, and Cynthia
Fernandez appeared by and through her attomcys of record: Ian Wheeles, Esq. The
parties reached a settlement agreement which was placed on the record.
The court having heard and considered the stipulations enlered into by
and between the parties in open court regarding dislribution of their domestic
pannership eState, and Ihc court being othenvise fully advised in the premises does
make and educe the following its

FINDINGS OF FACT
I.

That the plaintiff and defendant are residents of the State of Alaska and

have been such for the last six (6) months.

ITMO Fernandez and Fernandez

Case No. 3AN-86-9323 CI
Findings of Fact and Conclusions of Law
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2.

That the plaintitT and defendant were married on March 3, 1979. The

parties divorced for legal and financial reasons on November 20. 1986, but continued
living together as a married couple and intact family and fanned a domestic
pUl1nership.

3.

That the parties have two children born of this marnage. namely:

Branden Fernandez. born February 9. 1983; and Alvin Fernandez. born April 17. 1985.
Both children are emancipated.
4.

The court has jurisdiction over the parties and the property at issue.

5.

That the parties dispute when they tinally separated.

They. however.

agree that it was no later than July 2007.
6.

The parties have developed an incompatibility of temperament resulting

in irreconcilable differences and making continuation of a viable domestic partnership
impossible.
7.

The parties acquired property and debts over the course of their domestic

partnership.
8.

There was an enforcement action filed by the Child Support Services

Division against David Fernandez. That action was resolved with no child support due

­

and owing bv the following senlement agreement.
""""
..
....9.

There was a Motion to Amend Child Support Arrearage and Equitably

Divide Domestic Partnership Property t1led by David Fernandez on Februarv 25. 2011.
That motion was resolved by the following settlement agreement.
IrMO FemoJldez and F ernande:
Case No. 3AN-86-9323 CI
Findings of FaCl and Conclusions of Law
Page 2 of 5

10.

Cindy Fernandez shall receive all of the parties' right, title and claim of

interest in and to the residence located at 24520 Thunderbird Drive. Cindy Fernandez
shall assume. save and hold David Fernandez harmless from any indebtedness thereon.
.
.

or associated Lherewith.
1 I.

David Fernandez shall receive all of the parties' right. title and claim of

interest in and to the triplex located at Peterkin Drive in Mt. View. David Fernandez
shall assume. save and hold Cindy Fernandez harmless from an\' indebtedness lhereoll.
.
.
or associated therewith.
12.

David Fernandez will receive all of the parties' right title and claim of

interest in and to the 2002 Mercedes CLK 320. Cindy Fernandez encumbered the
vehicle post-separation in 2008 and owes approximately $7.000.00. David Fernandez
will attempt to sel.l the Mercedes and payoff the 2008 loan. At that time. Cindy
Fernandez will owe David Fernandez an additional $7.000.00 and it will be rolled into
the equalization payment of $33.000.00 owed to David Fernandez. Cindy Fernandez
will continue to be responsible for the debt until the vehicle is sold. Cindy Fernandez
wiJI immediately provide proof of insurance for the vchicle. and shall maintain said
insurance until the vehicle is sold.
13.

David Fernandez will

receIve his personal property

from the

Thunderbird Drive residence. The items are as follows: tool box and tools: bell from
kitchen: fishing gear: clock: trailer including his belongings inside: Rolex box and
paperwork; all legaL financial and medical paperwork relating to David: either the rug
ITA.fO Fernandez and Fernandez
Case No. 3AJ"\l-86-9J23 CI
Findings of Fact and Conclusions of Law
Page 3 of5

in the living room or the rug in the dining room; and the outside grill.

The parties

will work through coullsel to effectuate the transfer.
14.

The parties agree that there is

110

child support arrearage or any

prospective child support owed by David Fernandez to Cindy Fernandez.
15.

Cindy Fernandez shall pay directly to David Fernandez as part of his

marital property division the sum of Thirty Three Thousand dollars and no cents
The $40.000.00 will be secured by a Deed of Trust against the

(533.000.00).

Thunderbird Drive property. In order to make the equalizing payment. Ms. Fernandez
will immediately go to the bank and utilize her best efforts to obtain financing to make
the equalization payment plus the Mercedes Joan. If Ms. Fernandez cannot get the
entire amollnt. she will get as much as she can and then negotiate payments terms for
the remainder.
16.

Each party shall retain the retirement and/or almuity accounts held m

their name. free from any claim of the other.
17.

Each party shall retain the bank accounts held in their name. free from

any claim of the other.
CONCLUSIONS OF LAW
1.

This COllrt has personal jurisdiction over the parties and subject matter

jurisdiction over the marital estate.
2.

The parties are entitled to a dissolution of their domestic partnership.

IrMO Fernandez and Fernundez
Case No. 3AN-86-9323 cr
Findings of Fact and Conclusions of Law
Page 4 of 5

3.

The court finds the property and debt division set forth in the above

agreement as fair and equitable.
LET JUDGMENT AND DECREE BE ENTERED ACCORDINGLY.
DATED at Anchorage, Alaska this _

day of

THE HONORABLE JOHN

, 2011.

sunnocK

JUDGE OF THE SUPERIOR COURT

1 HEREBY CERTIFY that this -:{(\ day of June, 2011.
I served a copy of the foregoing document by US Mail
upon.
Ian Wheeles, Esq.

PALMIER - ERWIN, LLC

By:'ihiLtbrr~~UJD:t4~,

I

. J

rrMG Fernallde: anel Fernandez
Case No. 3AN-86-9323 C1

findings of Fact and Conclusions of Law
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