P. et al v. Petersen
Filing
76
ORDER: Granting Stipulated Motion for a Temporary Restraining Order 73 . Signed on 03/26/2014 by Judge Anna J. Brown. (bb)
Glenn E. Barger, OSB #972060
email: gbarger@bargerlawgrouppc.com
Brian S. Driscoll, OSB #042311
email: bdriscoll@bargerlawgrouppc.com
BARGER LAW GROUP PC
4949 Meadows Road, Suite 6620
Lake Oswego, OR 97035
Of Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JODY P., and E.P., by and through her
Guardian ad Litem Maria D.,
Plaintiff,
Case No. 3:13-CV-01321-PK
STIPULATED TEMPORARY
RESTRAINING ORDER
vs.
ROBERT GARY PETERSEN,
Defendant.
This matter came before the Court on Plaintiffs' Motion to Enter Stipulated Temporary
Restraining Order. Plaintiffs appeared through their attorney, Glenn E. Barger. Defendant
appeared through his attorney, Christopher B. Marks. Based upon the stipulation of the parties
below and the Court having reviewed the records on file herein and being fully advised, the
Comt finds that:
I.
This Court has jurisdiction over this matter based on 28 USC 1332;
2.
Defendant Robert Gary Petersen is currently incarcerated with the Oregon
Department of Corrections at the Two Rivers Correctional Institution in Umatilla County,
Oregon, having been sentenced to seven years for Sexual Abuse I and Invasion of Privacy, and
that Plaintiffs, therefore, are likely to prevail on the merits of this action;
Page 1 -STIPULATED TEMPORARY RESTRAINING ORDER
3.
There is good cause to believe that immediate and irreparable damage to the
Cowt's ability to grant effective final relief in the form of monetary restitution will occur from
the sale, transfer, or other disposition or concealment by Defendant of his assets, unless
Defendant is immediately restrained and enjoined by Order of this Court; and
4.
That the security bond is waived due to no likelihood of harm to Defendant, and
Plaintiffs' likelihood of success on the merits.
DEFINITIONS
For the purpose of this Temporary Restraining Order ("Order"), the following definitions
shall apply:
1.
"Defendant" means Robert Gary Petersen.
2.
"Attorney in Fact" means Dr. James G. Petersen.
3.
"Assets" means any legal or equitable interest in, right to, or claim to, any real
and personal property, including but not limited to, the assets distributed to Defendant under the
General Judgment of Dissolution of Marriage in Clackamas County Circuit Court Case No. DR
13-05-0728 (attached as Exhibit I to this Order) and all other "goods," "instruments,"
"equipment," "fixtures," "general intangibles," "inventory," "checks," "notes" (as defined in the
Uniform Commercial Code), and all chattel, leaseholds, contracts, mail or other deliveries,
shares of stock, lists of consumer names, accounts, credits, premises, receivables, funds, and
cash, wherever located.
ORDER
IT IS HEREBY ORDERED that Defendant and Attorney in Fact are hereby temporarily
restrained and enjoined until full and final resolution of this case from:
1.
Transferring, converting, encumbering, selling, concealing, dissipating,
disbursing, assigning, spending, withdrawing, perfecting a security interest in, or otherwise
disposing of any funds, real or personal property, accounts, contracts, shares of stock, or other
Assets that are:
Page 2- STIPULATED TEMPORARY RESTRAINING ORDER
a.
owned or controlled by, or held for the benefit of- directly or indirectlyDefendant;
b.
c.
2.
controlled for the benefit of Defendant by the Attorney in Fact; and
held by an agent with notice of Defendant.
This Order does not apply to prevent Defendant of expenses necessary to provide
for his safety and welfare, and to effectuate the terms of the General Judgment of Dissolution of
Marriage (Exhibit 1) and provide for payment of attorney fees necessary to accomplish same,
and to provide reasonable and necessary compensation to defendant's appellate lawyer.
IT IS FURTHER HEREBY ORDERED that Attorney in Fact shall provide an
accounting ofDefendant's assets and expenditures starting from the filing of this action to the
date of this Order. Attorney in Fact shall futiher provide updated accountings of Defendant's
assets and expenditures on a quarterly basis thereafter until full and final resolution of this case .
. .~
!A
DATEDthitJu dayof fVli)vt{,
,2014.
IT IS SO STIPULATED:
3/25/14
Is/ Christopher B. Marks
Christopher B. Marks, OSB #833911
Of Attorneys for Defendant
3/25/14
Is/ Glenn E. Barger
Glenn E. Barger, OSB #972060
Of Attorneys for Plaintiffs
Dated
Dated
SUBMITTED BY:
Is/ Glenn E. Barger
Glenn E. Barger, OSB #972060
BARGER LAW GROUP PC
Of Attorneys for Plaintiffs
Page 3- STIPULATED TEMPORARY RESTRAINING ORDER
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IN THE CIRCUIT COURT OF Tl-IE STATE OF OREGON
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FOR THE COUNTY OF CLACK~MAS
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In The Matter of the Mru:dage Of:
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LINDA LEE PETERSEN,
Petitioner,
and
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ROBERT GARY PETERSEN,
Respondent.
NO. DR 13·05-0728
GENER~L jUDGMENT OF
DISSOLUTION OF MARRIAGE
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lt)
THIS MATTERwas be)'ore the Hortorable Susie L. Norby, Judge oHh!l
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above-entitled Court for trial on Febrl!IU'Y 13, 2014.•· ~tj!A9,:g,er appeare~ in person
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and with her attorrtey, Arthur B. lE2ofll
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sttpp.ort in light of the property dMsion award set forth below,
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8)
PROPERTY DIVISION: The property division set forth herein is just
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and equitable. Each party relied on the acknowl~dgment of the other party that the
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Msets listed on petltiotwt·'s stateme nt of assets and liabilities constitute a fttll
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disclos"~tre.ofall
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and the Courl being fully nd'Vis.ed In the premises,
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assets and liabilities.of the parties at the time of the trial of this case,
IT l'S B:EREBY ORDERED ADJUDGED AND DECREED thfl.t:
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1)
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The marriag e of the parties is hereby dissolved, and the
Dissolu tion of Marriage is finally effective the date this Gener11l Judgment. of
Dissolution of Marriag e is signed by the Court.
2)
This General Judgme nt shall revoke those provisio ns Of ~Will
of the party which favodh e former spouse or name him. or her as Personal
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Reptesentative1 unless its terms express a contrary intentio n.
3)
The marital relation ship ()f the parties is termina ted in all
respects as set £01;th in P.
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srn Wheel and shall pay the US Bank 1ol!n.thereoit and hold
respon dent harmless fr~m any lil\bility therefrom.
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c.
· All the pers11nal proper ty presen tly in her possession includi ng
but not limited to l!ll.household effects,
d.
The follow ing bank a~counts: Wells Fargo joint checkil)g
accQJ.lht#6!)20, Wells Fargo Money Matl,e tjoint sl!vings ll.ccount#4722, Wells
Fargo
checking,accoullt #9944 altdWe llsFatg o savings accotmt #593'7.
e.
Long-fe(m care policY with Ba11kers LifeJitsurance and pay thll
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!.'age
4. GllNERALJUDGMEN'f PJl biSSOLU'l:'lON OF MARRIAGE
E:Xll.lBrt ''l''
PAGE 4 ofll
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premiums thereon.
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Respondent Is awarded the following personal property free and clear of 11ny
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interest in respondent:
a.
b.
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Jet boat, the proceeds of the drift boat and flatbed trailer sales
All the personal property presently In his possession or being
held by thh·d parties for his beueflt.
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c.
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Wells Faxgo cheddn g #2466, Wells Fargo checking #6887, Wells
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Fargo Money l\1arket savings #5067, and any funds heingh.e)d hy his l:>rother or
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sister•in•law inthe US Bank accoUnt in the name of Peggy Peterseu, -account #1523.
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B
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d.
life instu:ancepolicy #5787, and any life insurance benefits fhl'o«ghMet Life, and
pay the preltihtms thereon effective :Februmy 13, 2014.
e,
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Long-term care policy with 1lartk!!tS Llfe Insurance and pay the
pl'emhtms th¢reon.
7)
RETinEMENT ACCOUNTS:
a.
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All right title and interest in the Protective Life lnsurance term
Petitioner _is awarded the followlng retirement accou11ts free and
clear !>fany lnter.est in respondent:
;J.,
INQ Deferred Compensation Account #6890.
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l'age
5. GENERAL }UOG!\1EN'r 011 DJSSOLUTION OF MARRIAGE
.
ARTllUR B, !(NAUSS.
il«qrnorlilll\w __ _
294 Wlll'ns_r r,tltne Ro~d
Qr•li•n city, Q~~~- .o7!l45
Orfiqot60~·8B9•S.SB7 twl\603·~51).0367
!!mall! arl@al>!le «11der this policy, U~1der 61\s 107.820(6),t4e life
23. ins~ance
company shall notify petltioner'wh:en the policy is sch¢duledto expire,
2~
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Page
7. Gl!Nl!RALJUDGM;IlNT OF DisSp(.tJ'.ITON OF MARRIAGE
ARillllR li. iAGE7 QfU
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when premium payments have been received or the insured takes any 11ctlon that
would change the beneficiary or reduce the death benefit payable under this policy.
9)
DEBTS: Each party shall pay any debts illctU'red by them since the
5 separation of the patties on March 12, 2012, and hold the other party harmless from
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any liabilitytherefrom,r
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a.
Petitioner shall pay the Wells Fnrgo VISA #4002 and.hold
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responden t harmless from any liability thefef't•om.
b.
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Respotrden t shall be responsible to pay any reimbtttsemettt
owed to. the SodalSecu rity Administration and hold petil:ioner harmlE)ss from any
liability therefrom,
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c.
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.Each party shall be responsible forfhe payment of any state and
federal income taxes obligations commencing tax year2013,a nd !wid the other patty
16 hal'lnlessft om ail.y liability therefrom. Each I'arty shall i·eserve the righ{to file
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marrlefl, separate tax rel(U'ns•.
.10)
ATTORNEY FEES AND COSTS:
a.
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Petitioner shallllavej udgtiltinf against responden t in the
amount. of $10,000.00 01,1 acc.ount of h,er.11ftotney fees lind Cg.url costs incurred.
~~ Tltis judgment shlill be paid within thirty days from the 4ate of th,e /ud)5ement with
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no interest. Ifthe $iQ,OOO.OOJsnotpaid withlh thirty days; thert htterest atthe rate of
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9%.shall per anmtm sh~ll accrue u1,1tH paid •
.Z~
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l'lige
8. GENERAL JUJ;>GM:ENT OFDJSSO:LU'J;'IQN OF M,ARRIA.GE
~~ll Bdkna.uuat(j',<:O~ 9367
·
EXHl.BJT "l"
PA GE .lO ofl l
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Pre-judgment intere,s.t owed
None.
Information as to interest that accrue,s on the Judgment
after entry in the register:
Post';iUdgtnent Interest rate
9% pe1· annum
.Jnterest type
Simple
The Balance Upon Which
Interest Accrue,s
Upon lll)y unpaid amoU!lts
The })ate From Which
Interest on Bach Balance Runs:.
Thirty (30) days from the entry of this Judgment
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DATED this~ day of March, 20]4.
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1.0
II
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P
PAREDAND
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/
'{V
ARTHUR,:i:\.li':N'i\.USS, OSB #731700
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.In the Matter Of The MaiTinge Of:
.19 LINDA LBE PETERSEN and
20 ROBERTGARYPE'r:BRSBN
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,CASE NO:
DR 13-0S-0728
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2:5
26 l'llgc tt.. GENERAL JUDGMENT O:R l>1$SOLU
TlON 0,~ MAIUUAGE
Ar!h~[.a;
l
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