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NO: 14-3-03127-0
S U P E R IO R C O U R T O F W A S H IN G T O N F O R P IE R C E C O U N T Y
CASE COVER SHEET / DOMESTIC & PROBATE CASES
NATHAN E. LENSCH VS. SOPHIA RUTSCHOW
Bar # 34866
Please check one category that best describes this case for indexing purposes.
I f you cannot determine the appropriate category, please describe the cause o f action below. This will create a
Miscellaneous cause which is not subject to PCLR 3.
DOMESTIC RELATIONS
ADOPTION / PATERNITY
DISSOLUTION
___
___
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LEGAL SEPARATION
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DOMESTIC RELATIONS
___ 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
____Committed Intimate Relationship (CIR) FAM LAW
____Mi scellaneous (MSC 3) Non P CLR
Mandatory Wage As signment (MSC 3) Non PCLR
Out of State Custody (MSC 3) Non PCLR
MISCELLANEOUS_________________
Revised 03/06/2014 Web cicssup-0026.pdf
PROBATE / GUARDIANSHIP
Absentee (ABS 4) REV 4
Disclaimer (DSC 4) Non PCLR
Estate (EST 4)
Foreign Will (FNW 4) RE 12
Guardianship (GDN 4) REV 4
Limited Guardianship (LGD 4) REV 4
Minor Settlement with Guardianship (MST 4) REV 4
Non-Probate Notice to Creditors (NNC 4) Non PCLR
Will Only (WLL 4) Non PCLR
Misc (MSC 4) REV 4
Guardianship of Estate (GDE) REV 4
Guardianship of Person (GDP) REV 4
Limited Guardianship of Estate (LGE) REV 4
Limited Guardianship of Person (LGP) REV 4
Trnst/Estate Dispute Resolution (TDR) RE 12
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
No. 14-3-03127-0
NO: 14-3-03127-0
ORDER SETTING CASE SCHEDULE
NATHAN E. LENSCH
Petitioner(s)
Type of case:
PPS
Vs.
Track Assignment:
Assignment Department:
Docket Code:
SOPHIA RUTSCHOW
Respondent(s)
Confirmation of Service
9/2/2014
9/30/2014
10/14/2014
10/14/2014
10/28/2014
12/16/2014
1/6/2015
1/20/2015
2/3/2015
Week of 3/17/2015
3/24/2015
Discovery Cutoff
4/7/2015
4/21/2015 9:00
Trial
U nless otherw ise instructed, A L L A ttorneys/P arties shall report to the trial court at 9:00 A M on
the date o f trial.
NOTICE TO PLAINTIFF/PETITIONER
If the case has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendant(s) with the summons and complaint/
petition: Provided that in those cases where service is by publication the plaintiff shall serve the Case Schedule within five (5) court days
of service of the defendant's first response/appearance. If the case has not been filed, but an initial pleading is served, the Case Schedule
shall be served within five (5) court days of filing. See PCLR 3.
NOTICE TO ALL PARTIES
All attorneys and parties shall make themselves familiar with the Pierce County Local Rules, particularly those relating to case
scheduling. Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions appropriate to the
violation. If a statement of arbitrability is filed, PCLR 3 does not apply while the case is in arbitration.
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING!
August 12 2014 1:14 PM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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No.
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NATHAN E. LENSCH,
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and
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SOPHIA RUTSCHOW,
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Petitioner,
Respondent.
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I. Basis
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1.1
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Cause of Action
1.2
Pet for Res Sched/Par Plan and Child Support (PT) - Page 1 of 4
WPF PS 15.0100 Mandatory (07/2011) - RCW 26.26.130(7)(b), .375
Lensch, Nathan and Rutschow, Sophia
S:\CASES1\Lensch\DRAFTS\Pleadings\Petition for Parenting Plan and Child Support.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5 92 0- 100th St. SW #25
Lakewood, WA 98499
253-581-0660
1
1.3
2
Does not apply.
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4
1.4
Jurisdiction
The court has jurisdiction over the parties because (check all that apply):
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NATHAN LENSCH.
SOPHIA RUTSCHOW.
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1.5
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A period of four years or more has passed since the date the Paternity
Acknowledgment, and if required, the Denial of Paternity was filed with the
Washington State Registrar of Vital Statistics.
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1.6
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1.7
Child Support
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Support, including medical support, for the minor child has not been determined
administratively by the Division of Child Support and the petitioner does want the
court to address child support.
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1.8
Residential Placement
It is in the childs best interests for the court to enter the residential
schedule/parenting plan proposed by (name) NATHAN LENSCH.
Pet for Res Sched/Par Plan and Child Support (PT) - Page 2 of 4
WPF PS 15.0100 Mandatory (07/2011) - RCW 26.26.130(7)(b), .375
Lensch, Nathan and Rutschow, Sophia
S:\CASES1\Lensch\DRAFTS\Pleadings\Petition for Parenting Plan and Child Support.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
1
During the last five years, the child has lived:
2
in no place other than the state of Washington and with no person other
than the declarant or a named party.
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I do not know of any person other than a named party who has physical
custody of, or claims to have custody or visitation rights to the child.
I have not been involved in any other proceeding regarding the child.
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Reimbursement
Does not apply.
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1.10
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1.11
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Protection Order
1.12
Other
Does not apply.
II. Relief Requested
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Awards the tax exemption for the child to: the Petitioner.
Pet for Res Sched/Par Plan and Child Support (PT) - Page 3 of 4
WPF PS 15.0100 Mandatory (07/2011) - RCW 26.26.130(7)(b), .375
Lensch, Nathan and Rutschow, Sophia
S:\CASES1\Lensch\DRAFTS\Pleadings\Petition for Parenting Plan and Child Support.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5 9 2 0 - 100th St. SW #25
Lakewood, WA 98499
253-581-0660
1
2
Orders the respondent to pay past support, medical, and other expenses
incurred on behalf of the child.
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Awards court costs, guardian ad litem, attorney, and other reasonable fees.
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III. Declaration
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I declare under penalty of perjury under the laws of the state of Washington that I am
the petitioner hereinabove named, that I have made the allegations contained in this
petition based upon my first hand knowledge, and therefore believe that they are true.
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Signed at (city)
/L ck)OfL U
, (state) ^ c^ on (date)
~ 2 -O /
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NATHAN LENSCH
i.
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Pet for Res Sched/Par Plan and Child Support (PT) - Page 4 of 4
WPF PS 15.0100 Mandatory (07/2011) - RCW 26.26.130(7)(b), .375
Lensch, Nathan and Rutschow, Sophia
S:\CASES1\Lensch\DRAFTS\Pleadings\Petition for Parenting Plan and Child Support.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5 92 0- 100th St. SW #25
Lakewood, WA 98499
253-581-0660
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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SUPERIOR COURT OF WASHINGTON
COUNTY OF PIERCE
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NATHAN E. LENSCH,
Petitioner,
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No.
Summons (Petition for Residential
Schedule/ Parenting Plan or Child
Support)
(SM)
and
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SOPHIA RUTSCHOW,
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>
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Respondent.
To the Respondent: SOPHIA RUTSCHOW
1.
The petitioner has started an action in the above court requesting that the court
establish a Residential Schedule/Parenting Plan and/or an Order of Child
Support. Additional requests, if any, are stated in the petition, a copy of which is
attached.
2.
You must respond to this summons and petition by filing a written response with
the clerk of the court and by serving a copy of your response on the person
signing this summons.
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If you do not file and serve your written response within 20 days (60 days if you
are served outside of the state of Washington) after the date this summons was
served on you, exclusive of the date of service, the court may, without further
notice to you, enter a default judgment against you ordering the relief requested
in the petition. If you serve a notice of appearance on the undersigned person,
you are entitled to notice before an order of default may be entered.
Summons (Pt Res Sched/PP or Child Sup) (SM) - Page 1 of 2
WPF PS 15.0200 (6/2006) - CR 4.1, ROW4.26.100
Lensch, Nathan and Rutschow, Sophia
S:\CASES1\Lensch\DRAFTS\Pleadings\Summons.docx
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
1
2
3.
Your written response to the summons and petition must be on form WPF PS
15.0300, Response to Petition for Residential Schedule/Parenting Plan or Child
Support (RSP). Information about how to get this form may be obtained by
contacting the clerk of the court, by contacting the Administrative Office of the
Courts at (360) 705-5328, or from the Internet at the Washington State Courts
homepage:
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http://www.courts.wa.gov/forms
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4.
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.
5.
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.
6.
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This summons is issued pursuant to RCW 4.28.100 and Superior Court Civil Rule 4.1 of
the state of Washington.
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Dated:
Daniel N. Cook, WSBA 34866
Of Attorneys for Petitioner
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING'
August 12 2014 1:14 PM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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No.
Notice Re: Dependent of a Person
in Military Service
(NTDMP)
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SOPHIA RUTSCHOW,
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Respondent.
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Notice. State and federal law provide protections to defendants/respondents who are on
active duty in the military service, and to their dependents. This notice only pertains to a
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reserve component under a call to active service for a period of more than thirty (30)
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against default judgments not covered by this notice. Dependents of a service member are
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the service members spouse, a service members minor child, or an individual for whom the
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service member provided more than one-half of the individuals support for one hundred
eighty days (180) days immediately preceding an application for relief.
Notice re: Dep. of Person in Military Service (NTDMP) Page 1 of 2
WPF DRPSCU 01.0185 (6/2006) - Laws of 2006, ch. 80 1(3)
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
1
One protection provided is the protection against the entry of a default judgment in
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certain circumstances. If you are the dependent of a member of the National Guard or a
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military reserve component under a call to active service for a period of more than thirty (30)
consecutive days, you should notify the plaintiff/petitioner or, if the plaintiff/petitioner is
within twenty (20) days of the receipt of this notice. If you fail to do so, then a court or an
administrative tribunal may presume that you are not a dependent of an active duty member
of the National Guard or reserves, and proceed with the entry of an order of default and/or a
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default judgment without further proof of your status. Your response to the plaintiff/petitioner
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or plaintiff/petitioners attorney about your status does not constitute an appearance for
jurisdictional purposes in any pending litigation, a waiver of your rights or a response to the
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petition, complaint or other application for relief that was filed against you.
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING!
August 12 2014 1:14 PM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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Child(ren),
NATHAN E. LENSCH,
Petitioner,
and
SOPHIA RUTSCHOW,
Respondent.
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No.
Motion/Declaration for Ex Parte
Restraining Order and Order to
Show Cause
(MTSC)
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I. Motion
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Based upon the declaration below, the undersigned moves the court for a temporary
order and order to show cause.
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1.1
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
1
BOTH PARTIES from removing any of the child from the state of
Washington.
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3
The other party should be required to appear and show cause why these
restraints should not be continued in full force and effect pending final
determination of this action.
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1.2
Order that NATHAN LENSCH shall be the parent with whom the child(ren) reside
until the hearing.
Order that both parties submit to an ETG (alcohol) UA today before close of
business at Crossroads Treatment Center at 10828 Gravelly Lake Dr SW,
Lakewood, WA 98499 and that each party set up and submit to random UA
testing at least once weekly for ETG (alcohol) UA between now and the hearing
date set forth above.
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Order that neither parent allow the child to have any contact with SCOTT FOMBY.
1.3
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1.4
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The Respondent should also be required to appear and show cause why the
court should not enter a temporary order which:
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1.5
Other
Does not apply.
DATED this j Z
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
1
2
3
II. Declaration
2.1
The ex parte restraining order requested in paragraph 1.1 and 1.2 above is to
prevent the following injury (define the injury):
Physical and emotional harm to the child resulting from the mothers
drunkenness. The mother is drinking to the point of insobriety every
night, has passed out on occasion and has come home extremely
late or not at all some nights. The child is not in a stable home and
is living out of a suitcase.
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Injury to be Prevented
2.2
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The father and mother originally agreed that the mother would live
with a friend and that the mother would not drink when she had
Abigal. After less than a week the mother was kicked out of the
friends home because she was drinking. The mother did not follow
the agreement to abstain from and the child should not be in her care
until she demonstrates her ability to stay sober and maintain an
appropriate place for Abigal to live.
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2.3
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2.4
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
1
2.5
2
Does not apply.
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2.6
Was notice of this request for an emergency order given to the other party or
lawyer?
Yes. Explain what efforts have been made to give written or oral notice to the
other party or other partys lawyer:
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My attorney called Sophia on August 11, 2014, and said that we would be
in court on August 12, 2014, in the afternoon. Sophia called me after
getting my attorneys message and said she would be there. I went home
on August 12, 2014, and discovered that a rock had been thrown through a
window in the apartment that Sophia and I formerly shared.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
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Signed at (city)
L / !)&.cuOoO______ , (state)
on (date) ? //
?(f/Lf
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Nathan Lensch
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING!
August 12 2014 1:14 PM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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SOPHIA RUTSCHOW,
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Respondent.
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I, ANNIE RICE, make the following statement on the basis of my personal knowledge.
I was one of SOPHIA RUTSCHOWs best friends. When she and NATHAN separated
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my husband and I agreed she could live in our home while she got on her feet. We knew she
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had a drinking problem and said she could not be drinking when she was in our home. She
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promised us she would not drink. Unfortunately, SOPHIA broke that promise and drank
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SOPHIAS problems with alcohol are very serious. When she drinks hard alcohol she
gets out of control. Once we had her over for a BBQ and she drank and she was literally
hitting and biting people after she was drunk. When SOPHIA is drunk she tends to increase
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her paranoia level - sometimes saying things that do not make sense.
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
1
SOPHIA lies and tries to hide her alcohol use. SOPHIA actually passed out on our
2
front porch this week while she was staying with us. I had no idea she had been drinking that
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much because she was hiding it from me but finally I found her on the porch totally inebriated.
One night this week did not come home until very late and I discovered she had been out
drinking and she had ABBY with her and drove home drunk. SOPHIA was not able to live
with us even one week without drinking. This is concerning and I do not believe she can
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SOPHIAS parenting is not good. SOPHIA has always been a friend but I was very
concerned after she actually lived with us for a week about how she cared for ABBY. As I
mentioned above, SOPHIA was driving with ABBY while intoxicated. SOPHIA put ABBY to
bed without pajamas or brushing her teeth. ABBY wore the same clothes two days in a row.
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I have concerns about the SOPHIAS other friends. I know she procures marijuana
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from friends illegally. I know her boyfriend is a convicted felon who served time in prison in
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the last couple of years. I know her boyfriend has several domestic violence incidents on his
record. SOPHIA has personally told me she does not always understand her boyfriend and
she is worried about his mental health.
After living with SOPHIA for a week it is not in ABBYs best interest for SOPHIA to be
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the primary care provider for her even though I was formerly one of SOPHIAS best friends.
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(state)
\k /j% TT(date)
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ANNIE RICE
DECLARATION OF ANNIE RICE - Page 2 of 2
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration o f Annie Rice.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
August 12 2014 1:24 PM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
NATHAN E. LENSCH
No. 14-3-03127-0
Petitioner(s),
NOTE FOR COMMISSIONER'S CALENDAR
vs.
SOPHIA RUTSCHOW
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO:
Phone:
Respondent
Please take notice that an issue of law in this case will be heard on the date and time shown below:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
DATED:
Signed:
NAME:
Daniel N Cook
Phone:
(253) 581-0660
WSBA#: 34866
For:
Attorney for Plaintiff/Petitioner
1 of 1
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING!
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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No. 14-3-03127-0
PROPOSED
PARENTING PLAN
(PPP)
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Age
Age: 6
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II. Basis for Restrictions
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Under certain circumstances, as outlined below, the court may limit or prohibit a
parents contact with the child and the right to make decisions for the children.
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Parenting Plan (PPP, PPT, PP) - Page 1 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
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2.1
2
Does not apply.
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2.2
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3.1
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3.2
School Schedule
Upon enrollment in school, the child shall reside with the father except for the
following days and times when the child shall reside with the mother:
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Parenting Plan (PPP, PPT, PP) - Page 2 of 10
WPF PS 01.0400 Mandatory (12/2009) - R C W 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253)581-0660
1
3.3
2
The child shall reside with the father during winter vacation, except for the following
days and times when the child will reside with or be with the other parent:
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4
Winter Vacation shall be defined as commencing the day after school lets out for
the Winter Vacation Break and concluding on the day before school resumes.
In even numbered years, the mother shall have the child for the first
half of the Winter Vacation. Visitation shall begin the day after
school lets out at 9:00 a.m. until December 24th at 8:00 p.m. In odd
numbered years, the mother shall have the child from December
24th 8:00 p.m. through the day before school resumes at 6:00 p.m.
In odd numbered years the father shall have the child for the first
half of the Winter Vacation. Visitation shall begin the day after
school lets out at 9:00 a.m. and conclude on December 24th at
8:00 p.m. In even numbered years the father shall have the child
from December 24th at 8:00 p.m. through the day before school
resumes at 6:00 p.m.
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3.4
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The child shall reside with the father during spring break, except for the following
days and times when the child will reside with or be with the other parent:
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3.5
Summer Schedule
Upon completion of the school year, the child shall reside with the father except
for the following days and times when the child shall reside with the mother.
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Subject to the requirements of Paragraph 3.10, Same as school year
schedule.
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3.6
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
each year. If there is a conflict in vacation dates the fathers choice will control
in odd years and the mothers choice will control in even years.
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3.7
The residential schedule for the child for the holidays listed below is as follows:
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With Mother
(Specify Year
Odd/Even/Everv)
See Par. 3.3
*
k
k
With Father
(Specify Year
Odd/Even/Everv)
See Par. 3.3
*
k
*
Odd
Even
*
Even
Odd
*
Odd
Even
See Par. 3.3
See Par. 3.3
Even
Odd
See Par. 3.3
See Par. 3.3
14
15
Holidays marked with an asterisk (*) shall be spent with the parent who is entitled to
the adjoining weekend.
16
Holidays shall be the night before at 6:00 p.m. until the day of the Holiday at 8:00 p.m.
17
18
3.8
19
20
The residential schedule for the child for the following special occasions (for
example, birthdays) is as follows:
21
22
23
24
Mothers Day
Fathers Day
Halloween
Childs Birthday
With Mother
(Specify Year
Odd/Even/Everv)
Every
Even
Odd
With Father
(Specify Year
Odd/Even/Everv)
Every
Odd
Even
25
Parenting Plan (PPP, PPT, PP) - Page 4 of 10
S:\CASES1\Lensch\DRAFTS\Pleadings\ProposedParentingPlan.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
If the Special Occasion is on a non-school day, the Special Occasion shall be the
night before at 6:00 p.m. until the day of the Special Occasion at 8:00 p.m.
2
3
If the Special Occasion is on a school day, the Special Occasion shall be from after
school on the day of the Special Occasion until the8:00 p.m. on the day of the Special
Occasion.
4
5
3.9
Paragraphs 3.31 - 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:
2
holidays (3.7)
4
school breaks (3.4)
1
special occasions (3.8)
6
summer schedule (3.5)
3
winter vacation (3.3)
5
vacation with parents (3.6)
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3.10
Restrictions
RANDOM UAs
Mother shall sign up for random weekly UAs with Crossroads Treatment
Center at 10828 Gravelly Lake Dr SW, Lakewood, WA 98499. Father
shall pay for the UAs. The UAs shall test for ETG (alcohol) and a basic six
panel major drugs. These random UAs shall continue until the mother
has had three months of consecutive clean UAs every week.
SUPERVISED VISITATION
So long as mothers UAs are clean then no supervised visitation shall be
required.
If mothers UAs show non-prescribed drug or alcohol use then Mothers
visitation shall be supervised. The visits may be supervised by a friend or
family member from the mothers family who is known to and approved by
the father. During the period of supervised visits, the visits shall occur one
time per week for two to four hours per visit. The supervised visits shall
be scheduled and arranged in conjunction with the childrens school
schedule and the visitation supervisors schedule.
The mothers visits will remain supervised until all of the following
conditions have been met for a period of two consecutive months:
1. Two months of clean UAs.
2. Mother has had consistent supervised visitation;
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
3. Mother has demonstrated the ability to provide food, shelter and
a safe, nurturing home environment
4. Mother has demonstrated the ability to maintain safe and
reliable transportation for the child in the event of an
emergency.
5. Mother has maintained the same residence.
2
3
4
5
If the mother has three dirty UAs in a two month period, then the mother
shall complete a Crossroads drug and alcohol evaluation with parenting
assessment, which shall include collateral contacts, and shall complete any
follow-up treatment recommended by Crossroads.
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9
10
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12
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3.11
Transportation Arrangements
20
21
Transportation costs are included in the Child Support Worksheets and/or the
Order of Child Support and should not be included here.
22
23
24
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
2
3.12
Designation of Custodian
3.13
The child named in this parenting plan are schedule to reside the majority of the
time with the father. 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 parents rights
and responsibilities under this parenting plan.
Other
3
4
5
6
Both parents shall provide a safe, sanitary home for the child at all times.
7
Both parents shall provide adequate bedrooms for the child to sleep in a
comfortable home environment that is not crowded.
Both parents shall refrain from use of all illegal drugs or prescription medication
except as directed by a physician with a lawful prescription.
9
10
Neither parent shall transport, nor allow any other individual to transport, the child
in a vehicle except with by a driver with a valid drivers license, in an insured
vehicle and using all lawful child safety restraints.
11
12
3.14
13
14
15
16
17
18
19
20
21
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25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
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.
3
4
6
7
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 children.
8
9
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.
10
11
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.
12
13
14
15
16
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 children.
17
18
19
Day-to-Day Decisions
4.2
Major Decisions
Major decisions regarding each child shall be made as follows:
Education decisions
father
Non-emergency health care
father
Religious upbringing
father
20
21
22
4.3
23
24
25
Sole decision making shall be ordered to the father for the following reasons:
One parent is opposed to mutual decision making, and such opposition is
reasonably based on the following criteria:
Parenting Plan (PPP, PPT, PP) - Page 8 of 10
WPF PS 01.0400 Mandatory (12/2009) - R C W 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253)581-0660
1
2
(a)
(b)
(c)
4
5
(d)
V. Dispute Resolution
8
9
10
11
12
13
14
The cost of this process shall be allocated between the parties as follows:
50% petitioner; 50% respondent
15
16
17
18
19
20
The dispute resolution process shall be commenced by notifying the other party
by written request via certified mail:
In the dispute resolution process:
(a)
(b)
(c)
21
22
(d)
23
24
(e)
25
Parenting Plan (PPP, PPT, PP) - Page 9 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
VI. Other Provisions
2
(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.
6
7
8
9
It is ordered, adjudged and decreed that the parenting plan set forth above is adopted
and approved as an order of this court.
10
11
12
13
14
15
16
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 parents obligations
under the plan are not affected.
Dated:
Judge/Commissioner
17
18
Presented by:
FAUBION, REEDER, FRALEY & COOK, P.S.
19
20
21
22
23
24
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
E-FILED
IN COUNTY CLERK'S OFFICI
PIERCE COUNTY, WASHINGT
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
3
4
5
6
7
8
SUPERIOR COURT OF WASHINGTON
COUNTY OF PIERCE
10
13
14
SOPHIA RUTSCHOW,
11
12
No. I f - 3 - 0 3 . / J - 7 - 0
DECLARATION OF
NATHAN LENSCH
Respondent.
15
16
17
18
19
years. SOPHIA and I had one child together, ABIGAL LENSCH, who is now six years old. I
20
was present at the hospital when ABIGAL was born. I have lived with ABIGAL her entire life.
21
22
SOPHIA and I decided to end our relationship several months ago. We continued
living together in a peaceful manner while SOPHIA made arrangements to move out. She
23
had to find a place to live and get a job. SOPHIA recently became employed and she moved
24
in with a friend.
25
FAUBION, REEDER,
FRALEY & COOK P S
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
Both SOPHIA and I live in Lakewood, Washington. I do not know exactly where
3
4
5
SOPHIA lives because she was kicked out of the first friends home she was going to live
with. I know SOPHIAS new residence with another friend is in Lakewood but I do not havge
I work at PACCAR in Algona, Washington. I start my shift at 6:30 a.m. and end my
shift at 3:00 p.m. I generally leave my house around 5:30 a.m. and I am home between 3:30
10
11
12
SOPHIA works at a deli in Lakewood. She works Monday through Friday one week
and Tuesday through Saturday the next week. She generally works from late morning to 4:00
13
Last year ABIGAL attended at a school near our house. This year she will be attending
Park Lodge Elementary School in Lakewood. We changed schools to be closer to SOPHIAS
18
work location.
19
school care program which is on-site at Park Lodge. I can pick ABIGAL up within an hour or
20
so of dismissal when I return from work. In the mornings, I can drop ABIGAL off at SOPHIAS
21
residence prior to leaving for work if SOPHIA is clean and sober. My concern is that SOPHIA
22
will not be clean and sober (see discussion below) and therefore, I am probably going to
23
24
Park Lodge hours are from 8:00 a.m. to 2:30 p.m. We will utilize YMCA after
utilize a commercial daycare in Lakewood which transports to ABIGALs school. For the
remainder of the summer my mother will be here in Lakewood and can watch ABIGAL while I
25
am at work.
DECLARATION OF NATHAN LENSCH - Page 2 of 6
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Nathan Lensch.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
SOPHIA and I have both expressed concerns to each other about alcohol use after we
3
4
separated. SOPHIA drank a lot during our relationship. Her problems with alcohol are quite
severe. This was troublesome while we were together, but at least I was there to protect
ABIGAL wen SOPHIA overindulged. There were many times when SOPHIA passed out in
our house due to over consumption of alcohol. There were several times when SOPHIA left
to go drinking in the evening and did not return at all until later the next afternoon. Sometimes
she returned at 4:00 or 5:00 a.m. in the morning but she was still totally drunk and always
10
passed out as soon as she got home. On these occasions I had to call in to work and take a
11
12
sick day because I could not leave ABIGAL home alone or with SOPHIA passed out.
I have been around SOPHIA many times when she is drunk. When she is drunk her
13
behavior is violent and erratic. SOPHIA was actually charged with domestic violence against
14
me stemming from an incident where she assaulted me with an alarm clock while I was laying
15
16
17
in bed with ABIGAL. The case was dismissed after the Lakewood police officer who took the
report left the police force but this is just one of many incidents where SOPHIA lost control
18
and was violent when she was drinking. Her former, and now current (again) boyfriend,
19
SCOTT RICHARD FOMBY (DOB 07/16/1979), was a victim in one of her domestic violence
20
criminal charges. There was only one time I called the police on SOPHIA and she was
21
charged but she has assaulted me many times during our relationship. SOPHIA has thrown a
22
TV remote at me, SOPHIA has given me a black eye and SOPHIA has hit me many times
23
24
25
believe SOPHIA would benefit from an evaluation and medical treatment for her emotional
DECLARATION OF NATHAN LENSCH - Page 3 of 6
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Nathan Lensch.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920- 100th St. SW #25
Lakewood, WA 98499
253-581-0660
and psychological stability and SOPHIA has refused to seek help while we were together.
2
SOPHIAS untreated mental health condition is exacerbated by her drinking. SOPHIA has a
3
4
5
long history of drinking problems and of getting violent and erratic when she is drunk.
SOPHIA is also less attentive to ABIGALs needs when she is drinking. Generally,
SOPHIA and I would share the tasks related to caring for ABIGAL equally. I would bathe her
and get her dressed for bed and tuck her in every other night and SOPHIA would tuck her in
the other nights. But after we decided our relationship was over and SOPHIA was drinking
more, and starting to drink earlier in the evening, then SOPHIA did less with ABIGAL. By the
10
time SOPHIA actually moved out she was drinking almost every night. So then I was feeding
11
12
ABIGAL, giving her a bath, and tucking her in almost every night because SOPHIA was
drinking. I love caring for ABIGAL so I do not in any way resent the time I have spent
13
nurturing her and providing for her daily needs but I am concerned about ABIGAL being alone
14
When SOPHIA moved out I was concerned that she would be drinking that would lead
to her being violent and not caring for ABIGAL. SOPHIA and I agreed in writing that
18
neither of us would drink during the time she or I was caring for ABIGAL. But SOPHIA
19
20
SOPHIA moved into her friend ANNIE RICES home when she left the home we
21
formerly shared. ANNIE was a close friend of SOPHIA during our relationship and I was not a
22
very close friend with her at all. But within one week of SOPHIA leaving our home ANNIE
23
24
contacted me and told me that SOPHIA was drinking and unfit to care for ABIGAL.
Incorporated herein by this reference is the Declaration of ANNIE RICE explaining the
25
continued serious drinking by SOPHIA after she left our home. ANNIE RICE told SOPHIA
DECLARATION OF NATHAN LENSCH - Page 4 of 6
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Nathan Lensch.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
she had to leave because she could not have SOPHIA in her home drinking and lying.
2
3
4
5
6
SOPIA then moved into a home with another friend. So SOPHIA and ABIGAL are now living
out of a suitcase and I have no assurance that SOPHIA will not be drinking around ABIGAL.
I am very concerned about SOPHIAS home situation and that ABIGAL will not be cared for
while SOPHIA is drinking.
I am also concerned because SOPHIA is in a relationship with SCOTT RICHARD
FOMBY (DOB 07/16/1979) again. SCOTT has a serious criminal history including burglary,
residential burglary and robbery as well as many misdemeanors and infractions. ABIGAL
10
11
12
Since we made the decision to end our relationship SOPHIA has also been broking
marijuana deals between friends. She will get cash from a friend, then go buy the marijuana
13
from another friend, and bring the marijuana back to the first friend. I have personally
14
observed this. SOPHIAS marijuana brokering has only been going on since we decided to
15
16
17
separate. I am concerned that SOPHIA may also be using marijuana and that is part of why
she has been drinking so much more lately. In general her judgment has seemed much more
18
impaired over the last few months and the decisions she is making are not good ones for
19
SOPHIA or ABIGAL.
20
I am proposing that SOPHIA be required to take random, weekly UAs which test for
21
alcohol consumption and pot. So long as SOPHIA is getting clean UAs she should be
22
allowed unsupervised visitation with ABIGAL. We just signed an agreement that SOPHIA
23
24
would not drink with ABIGAL and she turned around and immediately started drinking with
ABIGAL, I believe there needs to be a period of clean random UAs. Also, she was kicked out
25
of the first home moved into within a week and now she is living out of a suitcase at another
DECLARATION OF NATHAN LENSCH Page 5 of 6
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Nathan Lensch.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5 9 2 0 - 100th St. SW #25
Lakewood, WA 98499
253-581-0660
1
friends house, so she needs to establish a solid residence. But if SOPHIA has three
2
consecutive months of clean weekly UAs, and if SOPHIA has established a residence suitable
3
4
5
for ABIGAL then I would not be opposed to a 50/50 equally shared residential schedule.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE
Signed at (city)
on (date) & / f Z
8
9
NATHAN LENSCH
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DECLARATION OF NATHAN LENSCH - Page 6 of 6
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration o f Nathan Lensch.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
1
+
3-03127*0
43086283
TPROTSC
08-13-14
BY
7
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9
10
11
12
13
14
15
16
17
18
19
20
SOPHIA RUTSCHOW,
No. 14-3-03127-0
Respondent.
Restraining Order Summary:
Restraining Order Summary is set forth below:
Name of person(s) restrained: NATHAN LENSCH AND SOPHIA RUTSCHOW
Name of person(s) protected: NATHAN LENSCH. SOPHIA RUTSCHOW AND ABIGAIL
LENSCH.
See paragraph 4.1.____________________________________________
Violation of a Restraining Order in Paragraph 4.1 below with actual knowledge of
its terms is a criminal offense under Chapter 26.50 RCW and will subject the
violator to arrest RCW 26.26.590.
21
24
It is ordered that (name) SOPHIA RUTSCHOW appear and show cause, if any, why the
restraints below should not be continued in full force and effect pending final
determination of this action and why the other relief, if any, requested in the motion
should not be granted. A hearing has been set for the following date, time and place:
25
rO
Date: SEPTEMBERS. 2014 fifiP
23
Time: 9:00a.m._____________
1
2
3
4
5
6
7
8
If you disagree with any part of the motion, you must respond to the motion in
writing before the hearing and by the deadline for your county. At the hearing, the
court will consider Written sworn affidavits or declarations. Oral testimony may
Not be allowed. To respond you must: (1) file your documents with the court; (2)
provide a copy of those documents to the judge or commissioners staff; (3) serve
the other partys attorney with copies of your documents (or have the other party
served if that party does not have an attorney); and (4) complete your filing and
service of documents within the time period required by the local court rules in
effect in your county. If you need more information, you are advised to consult an
attorney or a courthouse facilitator.
Failure to appear may result in a Temporary Order being entered by the court
which grants the relief requested in the motion without further notice.
9
II. Basis
10
11
12
III. Findings
13
14
The court adopts paragraphs 2.1,2.2, and 2.4 of the Motion/Declaration for an Ex Parte
Restraining Order and for an Order to Show Cause (Form WPF PS 04.0150) as its
findings, except as follows:
15
16
17
18
19
20
21
22
23
24
25
IV. Order
It is Ordered:
4.1
Restraining Order
1
2
4.2
3
BOTH PARTIES are restrained and enjoined from removing any of the children
from the state of Washington.
4
5
The child, ABIGAL LENSCH shall reside with IStATI lAhm.NUCt'l until
-rnriiij <2 l l Lf / d O / L / . m
T V / S S O & /7 & 2 s a &u c g e s e g t s / f M J S E P
fiU
G /s y /j- O /V A 7~ C? ; c 0 /t s r ) .
AS
8
9
N /7 7 / 6 -
P f ln r t
10
A/D N - re as a? 1rt< D
S A j'f//
SJ-MCC
7 7 /
/8/97XjeAJHC
6</<V20/svKr
fi/3 A /S U m f
A tc a /M L
0 /* -
btLO<S$
ryfvr
_________________________________
11
12
13
16
Both parties shall submit to an ETG (alcohol) and six-panel drug UA test today
before close of business at Crossroads Treatment Center at 10828 Gravelly Lake
Dr SW, Lakewood, WA 98499. Each party setup and submit lu idi nJum UA
testing at Ipa^t nnce wnnlrly f r t ^ .x n falrnhnl) I IA hntufnnn nnm nnH thr> h i ring
date pot forth above.
17
Neither parent allow the child to have any contact with SCOTT FOMBY.
14
15
18
19
4.3
20
21
4.4
Expiration Date
22
This order shall expire on the hearing date set forth above or 14 days from the
date of issuance, whichever is sooner, unless otherwise extended by the court.
23
24
25
4.5
Waiver of Bond
Does not apply.
1
4.6
Other
2
3
4
5
6
7
at
Ju -./C o m m ls o . . r KAB B W B B W K j a
9
10
Copy received:
COURT COMMISSIONS]
Presented by:
FAUBION, REEDER, FgALEY & COOK, P.S.
SophiaRutschow, Respondent
Pro se
11
12
13
14
15
16
AM AUB 1220H
17
18
19
20
21
22
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25
Petitioner(s)
vs
SOPHIA RUTSCHOW
Respondent(s)
Daniel N Cook
Paufil of 2
14-3-03127-0
SOPHIA RUTSCHOW
Judge/Commissioner: KARENA K. KIRKENDOLL
-t
T
MINUTES OF PROCEEDING
Start Date/Time: Aug 12, 2014 2:32 PM
to
y
o)
Attorney Daniel Cook comes before the Court seeking an Ex Parte Restraining Order,
Petitioner Nathan Lensch and Respondent Sophia Rutschow is also present. JIS reviewed. Both
parties are to obtain a UA. Court continues this matter to Thursday August 14, 2014 at 9:00 a.m.
Court is at recess on this matter.
Pape2of 2
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING!
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
3
4
5
6
7
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12
13
NATHAN E. LENSCH,
14
and
15
SOPHIA RUTSCHOW,
11
No.
* 0 3
Return of Service
(Optional Use)
(RTS)
Petitioner,
Respondent.
16
17
I Declare:
18
1.
lam over the age of 18 years, and I am not a party to this action.
19
2.
20
21
22
23
24
25
o
o
o
o
o
o
o
o
o
o
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
2
3.
Date:
4.
13
&
_______________
A //?
9 8
Z -
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T /d a
/V
11
T fiffQ rtfA
___________
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8
Address:
5
6
The date, time and place of service were (if by mail refer to Paragraph 4 below):
6.
Other:
Does not apply.
I declare under penalty of perjury under the laws of the state of Washington that the
foregoing is true and correct.
14
15
Signed at (city)
(state)
on
16
17
c
' Daniel N. Cook, WSBA #34866
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Return of Service (RTS) - Page 2 of 2
WPF DRPSCU 01.0250 (07/2013) - CR 4(g), RCW 4.28.080(15)
S: \CASES1 \Lensch\DRAFTS\Pleadings\Return o f Service, doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING
>..
___KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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c
SUPERIOR COURT OF WASHINGTON
COUNTY OF PIERCE
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No. 14-3-03127-0
<
SOPHIA RUTSCHOW,
Respondent.
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*This contract uses the term visitation to describe the time that the non-primary
residential parent spends with the child(ren). This is because the supervisor is a lay
person and not an attorney. It is intended to ensure clarity in the contract by using the
term that most lay people are most familiar with.
PM
KFVpN
STOTK County
WASHIN6T0N
t=viN bTOCK,
Clerk
---------^
'.DEPUTY
6
SUPERIOR COURT OF WASHINGTON
COUNTY OF PIERCE
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SOPHIA RUTSCHOW,
No. 14-3-03127-0
Respondent.
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I. Show Cause Order
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It is ordered that (name) SOPHIA RUTSCHOW appear,and show cause, if any, why the
restraints below should not be continued in full force and effect pending final
determination of this action and why the other relief, if any, requested in the motion
should not be granted. A hearing has been set for the following date, time and place:
/ Date: SEPTEMBER 8. 2014
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If you disagree with any part of the motion, you must respond to the motion in
writing before the hearing and by the deadline for your county. At the hearing, the
court will consider Written sworn affidavits or declarations. Oral testimony may
Not be allowed. To respond you must: (1) file your documents with the court; (2)
provide a copy of those documents to the judge or commissioners staff; (3) serve
the other partys attorney with copies of your documents (or have the other party
served if that party does not have an attorney); and (4) complete your filing and
service of documents within the time period required by the local court rules in
effect in your county. If you need more information, you are advised to consult an
attorney or a courthouse facilitator.
Failure to appear may resuit in a Temporary Order being entered by the court
which grants the relief requested in the motion without further notice.
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II. Basis
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III. Findings
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The court adopts paragraphs 2.1, 2.2, and 2.4 of the Motion/Declaration for an Ex Parte
Restraining Order and for an Order to Show Cause (Form WPF PS 04.0150) as its
findings, except as follows:
IV. Order
It is Ordered:
4,1
Restraining Order
Violation of a Restraining Order in Paragraph 4.1 with actual notice of its
terms is a criminal offense under Chapter 26.50 RCW and will subject the
violator to arrest RCW 26.26.590.
BOTH PARTIES are restrained and enjoined from disturbing the peace of THE
OTHER PARTY or of any child.
Service
The requesting party must arrange for service of this order on the restrained party.
File the original Return of Service with the clerk and provide a copy to the law
enforcement agency listed above.
Full Faith and Credit
Pursuant to 18 U.S.C. 2265, a court in any of the 50 states, the District of
Columbia, Puerto Rico, any United States territory, and any tribal land within the
United States shall accord full faith and credit to the order.
Ex Parte Restraining Ord (TPROTSC/ORTSC) - Page 2 of 3
WPF DR 04.0170 Mandatory (6/2008) - CR 65 (b); RCW 26.09.060
Lensch, Nathan and Rutschow, Sophia
S:\CASES1\Lensch\DRAFTS\Pteadings\Ex Parte Restraining Order 2.doc
*. *
1
4.2
2
BOTH PARTIES are restrained and enjoined from removing any of the children
from the state of Washington.
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The child, ABIGAL LENSCH shall reside with NATHAN LENSCH until the
hearing date set forth above.
U f
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Each party set up and submit to random UA resting at least once weekly at /?
Crossroads Treatment Center at 10828 Gravelly Lake Dr SW, Lakewood, WA
98499, for ETG (alcohol) UA between now and the hearing date set forth above. > y
. .. - 6 HDZT 7D
/?Z/SiJ0 /f ^ y>/ho ts > /,ifjz /s S /S /*~ *
Neither parent allow the child to have any contact with SCOTT FOMBY.^^.
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22
Presented by:
EAbBtONrREE
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25
HTY CLERK'S 0!
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30
This order shall expire on the hearing date set forth above or 14 days from the
date of issuance, whichever is sooner, unless otherwise extended byj^e^jK|rt.FiLcD
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21
-O K l / - W ( F M & C
Expiration Date
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19
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TvV E M
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Surrender of Deadly Weapons^ ,
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Sophip
Rutschow, Respondent
ophip Ruts
Pro se
*0
Ex Parte Restraining Ord (TPROTSC/ORTSC) - Page 3 of 3
WPF DR 04.0170 Mandatory (6/2008) - CR 65 (b); RCW 26.09.060
Lensch, Nathan and Rutschow, Sophia
S:\CASES1\Lensch\DRAFTS\Pleadings\Ex Parte Restraining Order2.doc
Petitioner(s)
vs
SOPHIA RUTSCHOW
Respondent(s)
Daniel N Cook
RUTSCHOW, SOPHIA
LENSCH, ABIGAIL
M e m o rn a d u m o f J o u r n a l E n tr y .
P flp e l n f
14-3-03127-0
SOPHIA RUTSCHOW
Judge/Commissioner: KARENA K. KIRKENDOLL
MINUTES OF PROCEEDING
Start Date/Time: Aug 14, 2014 9:08 AM
Attorney Daniel Cook comes before the Court for a return hearing seeking an Ex Parte
Restraining Order. JIS reviewed. Child shall reside with the father with the supervision of the
paternal grandmother. Mothers visitation shall take place as laid out in this Order. Court is at
recess on this matter.
03127-0
43133615
00-19-14
CP
IN COUNTYcfclSRK'6 OFFICE
am,
AUG
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18 20M
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p .m .
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-C'HPjn
NATHAN E LENSCH,
Cause No. 14-3-03127-0
Petitioner(s) ,
RESULTS
vs.
SOPHIA RUTSCHOW,
Respondent(s) .
No. 1659
9 : 26AM
a)
ffl *
P. 1/2
Lakewood
10828 Gravelly Lake Dr. SW; Suite 204
Lakewood, WA 98499
Phone: (253) 473-7474
Fax: (253) 474-9724
Organization:
Date:
8-18-14
Total Pages: 2
Fax
Number:
2 ^ 3 -
Re:
iQ g - IZ W
1 -For-Review
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ca P adi tn
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Notes/Comments: UA Results
...........
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No. 1659
9:26AM
P. 2/2
FINAL REPORT
Referred By
Specimen ID
K)
1v
-t
' *
L_J
External ID
Patient ID
Specimen Matrix
Patient SSN
Patient DOB
6/12/2014 00:00
8/14/2014
8/15/2014
---------------------------------------------------Test Name
Result
AMP H e r AMINES
BENZODIAZEPINES
COCAINE METABOLITE
Negative
Negative
ETHANOL
OPIATES
Negative
Negative
MARIJUANA METABOLITE
Negative
Quantitation
102829918
N/A
SRL1369381
Urine
Screon Limit
Confirmation Limit
1000 ng/mL
200 ng/mL
Negative
300 ng/mL
20 mg/dl
300 ngAnL
20 ng/mL
(Xj
CREATININE
rri
NITRITE
pH
Normal
Negative
53.2mg/dL
Normal
7.2
> 20 mg/dL
500 mcgAnL
4.5 - 6,9
*~0
1
i
Final Report
FFjdEy^jgusH5^Q^:25;55 AM
300J.0.0.33
Aug. 18. 20 1 4
No. 1660
9:22AM
P. 1/2
Lakewood
10828 Gravelly Lake Dr. SW, Suite 204
Lakewood, WA 98499
Phone: (253) 473-7474
Fax: (253) 474-9724
Organization:
Date;
8-18-14
Total Pages: 2
Fax Number; v _ ~
A S 3 -m -7 7 .m
Re;
......... [ ] Urgent
Cause# 14-3-03127-0
Notes/Comments: UA Results
unarm
c o n f id e n t ia l
rm arm
This information has been disclosed to yon from records whose confidentiality is protected by Federal Law. Federal regulations prohibit you
front making any further disclosure o f It without the specific written consent o f the person to whom it pertains or as othenvise permitted by
such regulation. A general authorization fo r (he release o f Medical information Is noi sufficient fo r this purpose. This information Is
intended only fo r the Individual^) named above. I f the reader o f this facsimile, or the employee or agent responsible to deliver It to the
recipient is not the intended recipient, you are hereby notified that any dissemination o f this information Is prohibited. I f yon have recth ed
this communication in error, please notify us by telephone and return the original message via the V.S. Postal Service and we wiii reimburse
yon fo r any expenses incurred
9:27AM
No. 1660
P. 2/2
U
FINAL REPORT
Specimen ID
Referred By
Agency Name
Patient
f'J
?{)
LENSCH, NATHAN
External ID
Patient ID
Specimen Matrix
Patient SSN
Patient DOB
Lfi
A
. ^f
"
Test Name
4
vH
!, i
OJ
102829917
N/A
SR L1369380
U rin e
. __ 1~
Result
Quantitation
Screen Limit
AMPHETAMINES
Negative
1000 ng/mL
b e n z o d ia z e p in e s
Negative
Negative
P O S IT IV E
200 ng/mL
Negative
20 mg/dL
Negative
Negative
20 ng/mL
COCAINE METABOLITE
ETHYLGLUCURONIDE (ETG)
ETHANOL
OPIATES
iTi
MARIJUANA METABOLITE
Confirmation Limit
300 ngAnL
500 ngAnL
300 ngAnL
S P E C IM E N V A L ID IT Y T E S T IN G
a)
CREATININE
Normal
NITRITE
pH
Negative'
Normal
50.5 mg/dL
> 20 mg/dL
* 500'fttt$/tnL
S.2
4.5 - 8.9
Certification_____
Co rl Ifled Tr ue an d Comp le te
E N T E B E D AUG 1 820W
Final Report
Saturday, August 18.2014 20:1 a am
3004,0.0.13
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHINGT
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
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NATHAN E. LENSCH,
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And
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SOPHIA RUTSCHOW,
14-3-03127-0
DECLARATION OF MAILING
Petitioner,
Respondent.
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No.
ABIGAIL LENSCH,
I, Sally DuCharme, am over the age of 18, and competent to testify in the above
entitled case.
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On August 27, 2014, I placed in the U.S. Mail a copy of the following documents in
the above-entitled caption:
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Sophia Rutschow
9117 70th St. SW
Lakewood, W A 98498
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I declare, under the penalty of perjury and the Laws of the State of Washington, that the
foregoing is true and correct.
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DATED
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Declaration Of Mailing
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Mailing.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING!
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
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SOPHIA RUTSCHOW,
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R e s p o n d e n t.________________________________
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California but flew to Washington to care for ABBY this past summer after we learned from
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ABBYS school that she had 20 absences and 17 late starts during the school year. When I
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confronted SOPHIA about this in the hallway of the courthouse following our hearing in
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My son, NATHAN, ABBYS father, picked up ABBY after the hearing from a home
where SOPHIA was renting a room. SOPHIA had words with NATHAN I could not hear.
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Before releasing ABBY to us, SOPHIA grasped ABBY, who is six years old, and said, if
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DECLARATION OF JANE LENSCH - Page 1 of 3
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Jane Lensch.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 -1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
1
Daddy or Grandma hurts you, you call me. This is absurd that NATHAN or I would ever hurt
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ABBY, and to put this idea in a childs head is to alarm ABBY needlessly.
On August 17, a Sunday, SOPHIA came to pick up ABBY for visitation. While ABBY
waited in the car, SOPHIA proceeded to have an 8 minute discussion with NATHAN. I had to
ask SOPHIA to please start her visitation with her child since there was a restraining order in
place prohibiting contact between NATHAN and her. SOPHIA called me a b*tch and stated
that I was controlling. When SOPHIA later dropped off ABBY, the exchange was difficult
again. SOPHIA returned ABBY early and had presents from a yard sale that ABBY wanted to
10
give me. SOPHIA said goodbye to ABBY and then began to rant at NATHAN. She stated
11
12
she would not use her lower income for reduced meals at ABBYS school. NATHAN did not
respond to SOPHIAS rants and intimidations. I had to take ABBY into the house crying, and
13
then SOPHIA demanded 15 more minutes of visitation since it was only 5:45. This whole
14
scene again violated the restraining order and needlessly distressed ABBY.
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On August 18, SOPHIA showed up at the Lakewood YMCA where ABBY was enrolled
in gymnastics. SOPHIA again approached NATHAN, in violation of the restraining order, and
18
began a discussion about child care and what she demanded she should have control of. I
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reminded her again that she was in violation of the restraining order, but she ignored me.
20
On August 19, NATHAN and I were interviewed by CPS investigator Ross Hiranaga
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because CPS has received an anonymous report that ABBY had bruising. No bruises were
22
observed on Mr. Hiranagas examination of ABBY. I had bathed ABBY each and every night
23
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since August 13 and had never seen any evidence of bruising or abuse on ABBY. Mr.
Hiranaga came again to NATHANS home on August 21 and looked at a broken window in the
25
bedroom caused by vandalism. He noted that ABBY did have a nickel-sized bruise below her
DECLARATION OF JANE LENSCH - Page 2 of 3
S:\CASES1\Lensch\DRAFTS\Pleadings\DeclarationofJaneLensch.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5 92 0- 100th St. SW #25
Lakewood, WA 98499
253-581-0660
2014
01:35 PM
PAGE.
right knee that would be consistent with gymnastics or several visits to the park.
2
At her visitation exchange on August 19, SOPHIA again confronted NATHAN in
3
4
5
6
7
violation of the restraining order, I kept ABBY in the kitchen so she would not hear the
discuSsibn. I could hear that SOPHIA was demanding her terms for the future, but NATHAN
did not raise his voice and remained calm.
I am hopeful that with a court order in place, ABBY will have a better life, with before
and afte school care, better attendance at school, and, I sincerely hope, a mother who is
sober and will nurture her. She is a very bright and inventive little girl, and I am very proud of
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Sianed^t (citv)
, (state)^^
on (date) q
< i d .
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j a n e TTe n s c h "
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DECLARATION OF JANE LENSCH - Page 3 of 3
S:\CASBS1\Lansch\DRAFTS\PleBctings\Dedeirgtion ofJene L6n$tfictoc
FAUBION, REEDER,
FRALEYS COOK, P.S,
5920 100,h St. SW #25
Lakewood, WA 98499
253-581-0660
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7
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No. 14-3-03127-0
DECLARATION PURSUANT TO GR
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(FILING OF FAX SIGNATURE)
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SOPHIA RUTSCHOW,
14
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Respondent,
I, Sally DuCharme, declare under penalty of perjury under the laws of the State
of Washington that the following is true to the best of my knowledge.
I am the person responsible for filing of the fax signature page of the
18
including this declaration page (but not including attachments), and is a complete and
legible image that I have examined personally and that was received by me via FAX
TRANSMISSION at (253) 581-0660.
Signed at Lakewood, WA on September 4, 2014.
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING!
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
3
4
5
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
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13
SOPHIA RUTSCHOW,
10
11
16
17
DECLARATION OF MAILING
Respondent,
14
15
No. 14-3-03127-0
I, Sally DuCharme, am over the age of 18, and competent to testify in the above
entitled case.
On September 5, 2014, I placed in the U.S. Mail a copy of the following documents
in the above-entitled caption:
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20
21
Sophia Rutschow
9117 70th St. SW
Lakewood, WA 98498
18
22
23
I declare, under the penalty of perjury and the Laws of the State of Washington, that the
foregoing is true and correct.
24
DATED
September 5,2014
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
September 08 2014 10:21 AM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
NATHAN E LENSCH
No. 14-3-03127-0
Petitioner(s),
NOTE FOR COMMISSIONER'S CALENDAR
vs.
SOPHIA RUTSCHOW
Respondent(s)
TO THE CLERK OF THE SUPERIOR COURT AND TO:
Phone:
Respondent
Please take notice that an issue of law in this case will be heard on the date and time shown below:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
DATED:
September 8, 2014.
Signed:
NAME:
Daniel N Cook
Phone:
(253) 581-0660
WSBA#: 34866
For:
Attorney for Plaintiff/Petitioner
1 of 1
14-3-03127-0 43247911
09-09-14
RSP
| COUNTY 'Ct^K'SOPPieE
l M SEP 05 i m
P.M.
No. 14-3-03127-0
Child(ren),
Nathan Lensch
Petitioner,
and
Sophia Rutschow
Respondent.
1.
The allegations of the petition in this matter are admitted or denied as follows (check only one
box for each paragraph):
Paragraph of the Petition
1.1
Cause of Action
[]
1.2
1.5
1.6
Denied
[ x]
Lacks Information
Admitted
[]
Denied
[]
Lacks Information
Denied
[x]
Lacks Information
1.4
[]
1.3
Admitted
Admitted
[]
Jurisdiction
[x ]
Admitted
[x ]
Admitted
Denied
Lacks Information
[]
[]
Period for Challenge to the Acknowledgment or Denial of Paternity
[]
Denied
[]
Lacks Information
[]
Denied
[]
Lacks Information
Admitted
1.7
1.8
1.9
Child Support
[ ] Admitted
Residential Placement
[x]
Denied
[]
Lacks Information
[]
[x]
Denied
[]
Lacks Information
[X]
Continuing Restraining Order
[ ] Admitted
[]
Protection Order
[ ] Admitted
[]
Other
[]
Admitted
[]
Denied
[]
Lacks Information
Denied
[x]
Lacks Information
Denied
[x]
Lacks Information
Denied
[X]
Lacks Information
Reimbursement
[]
1.10
1.11
1.12
Admitted
Admitted
Each allegation of the petition which is denied is denied for the following reasons (list
separately):
Re: 1.1
Abigail Lensch is only residing with Nathan Lensch temporarily until our next court
appearance. I was unaware that I had to file my documents with the court clerk and provide Dan
Cook with a copy of them at/before our last court date.
Re: 1.7
I believe I should not be required to pay child support at this time; Nathan only has temporary
custody of our daughter. I believe the judge granted him the temporary custody because his
Mother was here visiting and was able to care for Abigail and the judge did not have any
information to base her decision on other than what Nathan submitted.
Re: 1.8
It is in the childs best interest to reside with me. Ive been the stay at home parent her entire life
until 2 months ago when I became employed. I feel as though my daughter was ripped away from me
because Nathan has only told a partial truth. I am living in a stable, loving, family oriented home. Abby
has 3 other girls, her age, to play with at my home and its a structured positive environment. Also Abby
would only require after school child care for 2.5 hours at the most, the childcare would take place at
Park Lodge via the YMCA of Lakewood, and she would not have to ride the bus to and from. I only work
part time so I am able to provide her transportation to and from school. Obviously I would take care of
my daughter before school and after work. I have a lot of long time local friends who are more than
willing to be supportive and help in any possible way.
Nathan Lensch is an abusive alcoholic and also suffers from untreated Post Traumatic Stress
Disorder. Nathan Lensch does not have any local friends or family to count on for support. His work
schedule requires our daughter to be in daycare before and after school. Nathan and I never wanted Abby
to be cared for by strangers let alone in commercial daycare. I would like Nathan to only have weekend
visits with our daughter until he seeks professional treatment for his alcoholism and Post traumatic stress
Resp to Pet Res Sched Parenting Plan (RSP) - Page 2 o f 3
WPF PS 15.0300 Mandatory (07/2011) - RCW 26.26.130(7)(b), .375
disorder. He self medicates and has a bad temper. I am worried about the welfare of my daughter after his
mother leaves, which is tomorrow, August 24, 2014.
2.
3.
4.
Other
[x ]
A copy of the childs birth certificate or the Paternity Acknowledgment is filed with this
response, under the Sealed Acknowledgment/Denial of Patemity/Birth Certificate Cover
Sheet, form WPF PS 15.0150, because it was not filed with the court.
I declare under penalty of perjury under the laws of the state of Washington that the statement above is
true and correct.
Signed at Lakewood, WA
IN COUNTY C l I
r k 'S
OFFICE
AM SEP 05 2m
pm.
S s t S ' MWINGTON
B Y ^ J i y ^ T J a u n ty Clerk
f ------^ deputy
No. 14-3-03127-0
Petition for
Child(ren),
[x ] Residential Schedule/
Parenting Plan
[x ] Child Support
(PT)
Sophia Rutschow
Petitioner,
and
Nathan Lensch
Respondent.
Use this form to ask for a Parenting Plan, Residential Schedule or Child Support Order only if
parentage has already been established by:
Paternity Acknowledgment or
Court order that decided parentage.
I f parentage was established by a court order, use this form only if your proposed plan or schedule
would not change the custodian named in the order establishing parentage.
I. Basis
1.1
Cause of Action
This action is brought by (name) Sophia Rutschow, petitioner, for a
Residential schedule/parenting plan and child support order for Abigail Lensch, (age) 6, residing
with Nathan Lensch (temporarily) in Pierce County, Washington.
1.2
Pet for Res Sched/Par Plan and Child Support (PT) - Page 1 of 5
WPF PS 15.0100 Mandatory (06/2014) - RCW 26.26.130(7)(b), .375
'i*V,
O';
UJ
1.3
1.4
Jurisdiction
The court has jurisdiction over the parties because (check all that apply):
A judgment and order establishing parentage was entered, or a Paternity
Acknowledgment was signed by the parents and filed.
Petitioner and respondent resided with the child in this state.
1.5
1.6
Pet for Res Sched/Par Plan and Child Support (PT) - Page 2 o f 5
WPF PS 15.0100 Mandatory (06/2014) - R C W 26.26.130(7)(b), .375
1.7
Child Support
Support, including medical support, for the minor child has not been determined administratively
by the Division of Child Support and the petitioner does want the court to address child support.
1.8
Residential Placement
It is in the childs best interests for the court to enter the Parenting Plan/Residential Schedule
proposed by Sophia Rutschow.
During the last five years, the child has lived in no place other than the state of Washington and
with no persons other than Sophia Rutschow and Nathan Lensch.
1.9
Reimbursement
I would request that Nathan Lensch be required to pay for any/all costs incurred pertaining to the
legal proceedings of this case including but not limited to court costs, copies, filing fees, the
parenting class I am required to take and the random UAs etc. I would also like for Nathan to be
required to pay any/all lost wages I have or will lose due to court appearances.
1.10
Pet for Res Sched/Par Plan and Child Support (PT) - Page 3 of 5
WPF PS 15.0100 Mandatory (06/2014) - RCW 26.26.130(7)(b), .375
other dangerous weapon, concealed pistol license, or ammunition under state or federal law for
the duration of the order.)
1.11
Protection Order
Does not apply.
1.12
Other
Nathan Lensch suffers from untreated Post Traumatic Stress Disorder and full blown alcoholism. The
United States Army and the Department of Veterans affairs have knowledge and pertinent evidence
regarding his alcoholism and PTSD. I, Sophia Rutschow, decided to leave the home that Nathan and I
shared for about 6 years because I realized that he wasnt ever going to seek professional treatment for
his alcohol abuse and it was no longer safe for my daughter and I to be in his presence.
x___________________________________
Signature of Petitioner or Lawyer/WSB A No.
Pet for Res Sched/Par Plan and Child Support (PT) - Page 4 o f 5
WPF PS 15.0100 Mandatory (06/2014) - R C W 26.26.130(7)(b), .375
III. Declaration
I declare under penalty of perjury under the laws of the state of Washington that I am the petitioner
hereinabove named, that I have made the allegations contained in this petition based upon my first hand
knowledge, and therefore believe that they are true.
Pet for Res Sched/Par Plan and Child Support (PT) - Page 5 o f 5
WPF PS 15.0100 Mandatory (06/2014) - R C W 26.26.130(7)(b), .375
14-3-03127-0
43247973
CP
09-09-14
IN RE:
/O.iJcH'ULn
Lensch
Petitioner/Plaintiff,
Vs.
) No.
6 3
^ -A d -rk v n ^
I3 -7
J ^ n W r y r u C 'f t 'r y )
Respondent/D efendant.______________
Dated this
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D A T E : 4 /1 1 /1 3
TO:
N a th a n Len sch
CC:
Flum an R e s o u rc e s
A tte n d a n c e D a ta b a s e
E m p lo y e e P e rs o n n e l F ile
FROM:
M a so n M ye rs
S U B JE C T :
F ina l W a rn in g - A tte n d a n c e
ju
Supervisor Name
D ate
Employee Name
D ate
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Hire Date:
2/23/2011
SUPERVISOR
MASON
MYERS
DATE
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4/25/2012
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called in sick
5/3/2012
OTHER
0.5
4.00
5/16/2012
OTHER
8.00
5/17/2012
OTHER
8.00 .
5/18/2012
OTHER . J
8.00
6/5/2012
OTHER
8.00
7/12/2012
OTHER
8.00
7/17/2012
SICK
8.00
called in sick
7/26/2012
SICK
8.00
called in sick
8/17/2012
TARDY
0.5
0.30
8/24/2012
TARDY
O ',
0.25
9/14/2012
OTHER
4.00
&
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11/5/2012
OTHER
8.00
11/13/2012
TARDY
0.05
11/19/2012
TARDY
0.5
0.25
tardy
12/4/2012
SICK
8.00
12/5/2012
SICK
8.00
12/13/2012
TARDY
0.5
3.00
tardy-3 hours
12/17/2012
SICK
8.00
1/31/2013
TARDY
0.5
0.50
tardy-30 minutes
3/14/2013
SICK
7.75
4/2/2013
SICK
8.00
called in sick
4/11/2013
TARDY
0.5
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Kenneth Glasscock
9117 70lh St SW
Lakewood WA 98498
August 13, 2014
To the.courts:
I would like'to address the courts and let it be known th a t Sophia Rutschow and her daughter
Abby are currently residing w ith our family at our residence o f 9117 70th St. S.W., Lakewood
WA 98498. Our fam ily consists o f myself, my w ife Anne, who is a stay at home mom. We have
three daughters, Shaylah (8), Kennah (6), and Hannah (3). As my w ife is able to stay home, she .
is able to watch Abby fo r Sophia, whep she is at work.
Our home offers 5 bed rooms, 2 - 1 /2 bath rooms, open kitchen, dining area, T.V. room, living
room, and a nice sized play room. Sophia and Abby have th e ir own bed room th a t they share
together. It has a day bed, w ith a pull out mattress below if needed. If Abby chooses, she can
also sleep in the bed room w ith Shaylah and Kennah, which has a bunk bed, consisting o f a full
size bottom mattress, and a tw in upper mattress. Since we have plenty o f furniture, Sophia and
Abby only require th e ir clothing and what personal belongings that they need.
Our home is close to 3000 sq. ft., so it is not really an issue w ith Sophia and Abby staying with
us. They can stay here free o f charge, until such a tim e when Sophia is able to afford other
accommodations. If the court wishes to know, I have been at my current em ploym ent for 15
years, and at my current residence for 5 years.
Kenneth Glasscock
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43247991
a m.
09-09-14
AFRSP
No. 1443-03127-0
Petitioner,
Declaration of
Sophia Rutschow
Sophia Rutschow,
and
Nathan Lensch
Respondent.
I, Sophia Rutschow, make the following statement on the basis of my personal knowledge.
Nathan Lensch and I did reside together for approximately eight (8) years. Nathan and I had one
child together, Abigail Lensch, who is now six years old. Nathan and I have lived with our daughter her
entire life.
I decided to end my relationship with Nathan Lensch about four months ago when I finally
realized he wasnt ever going to seek the necessary treatment for his alcoholism. We continued living
together (in a very stressful and negative environment) while I was looking for employment and weighing
my options for a new residence.
RESIDENCES OF THE PARENTS
Both Nathan and I live in Lakewood, Washington. I live with a good friend Anne Glasscock and
her family. I recently moved into their home after staying with another friend (Annie Rice) for a short
period of time. I was not kicked out of the Rice residence. I moved out by choice (the living conditions
were not safe, sanitary or stable). The home was filthy, the children were unruly and destructive, Annie
and her husband were having marital problems, Dan Rice was/is in treatment for drugs and Mr. and Mrs.
Rice let a known registered sex offender on their property.
Declaration (DCLR) - Page 1 of I_____
WPF DRPSCU 01.0100 (6/2006) f
I work at German Pastry and Coffee Shop in Lakewood, Washington. One week I work Monday
11:00 am to 5:00 pm, Tuesday-Friday 12:00 pm to 4:00 pm and Saturday-Monday off. The next week I
work Tuesday-Friday 11:00 am to 5:00 pm, Saturday 11:00 am to 4:00 pm and Sunday off. This is my set
schedule.
Nathan works at Paccar in Algona, Washington. His schedule is Monday-Friday 6:30 am to 3:00
pm. He leaves his home at 5:15 am to drop our daughter off at Daycare and picks her up from Daycare at
4:00 pm.
SCHOOL AND DAYCARE SCHEDULE FOR ABIGAIL
Abigail attends Park Lodge Elementary School in Lakewood. I enrolled her there because after
school YMCA childcare is offered on-sight so Abby would be able to be transported to and from school
by Nathan and me. (Nathan and I previously agreed that we didnt want Abigail riding a school bus at her
age). Park Lodge hours are from 8:00 am to 2:30 pm. I only work part-time so I am able to take my
daughter to school every day. I intend to utilize the YMCA after school child care. Nathan is able to pick
Abigail up from Daycare at 4:00 pm. I work a few blocks away from Park Lodge so I would be able to
pick her up from Daycare at 4:15 pm or 5:15 pm depending on my work schedule.
RCW 26.09.191 FACTORS - ALCOHOL ABUSE AND DOMESTIC VIOLENCE
I have repeatedly expressed my concerns to Nathan about his alcohol addiction for several years.
Nathan failed to even make an attempt to either slow down on his alcohol consumption or seek
professional help. I would have liked to have been employed sooner than now but Id have needed to
work nights due to Nathans work schedule, but I refused to work nights because I knew that my daughter
wouldnt be safe or taken care of appropriately in Nathans inebriated state. Nathan drank about a fifth of
liquor a day for at least the past four years. He always started drinking when he arrived home from work
and would pass out drunk, on the couch, by 7:00 pm. Our daughter insisted on waking him up just about
every night because she wanted to spend time with him. It wasnt safe for us to attempt to wake him
because he was usually incoherent, mumbling things that didnt make sense and physically abusive. For
the past year or so it reached the point of Abby no longer wanting to wake him up because she was
terrified of Nathan being mean and/or physically hurting us. Abigail knew and would tell me that Daddy
had too many grown up drinks.
In late March of this year (2014) I finally expressed my concerns to Nathans parents, I could no
longer handle his addiction and the emotional and physical abuse (against Abigail and I) and neglect that
we had to endure for far too long. I felt isolated, helpless and scared for the safety and well being of my
Declaration (DCLR) - Page 2 o f ^
WPF DRPSCU 01.0100 (6/2006)
daughter and I. I didnt know what else to do besides an intervention. Jane Lensch (Nathans Mother)
was very supportive and helpful. She was able to set up an Evaluation for Nathan at the Veterans
Hospital in Lakewood. Mrs. Lensch was very concerned about the situation so she flew up here to ensure
that Nathan followed through with the beginning steps of seeking proper treatment.
The staff member who evaluated Nathan at Veterans Hospital concluded that Nathan requires
aggressive in-patient treatment, he would have been required to live at the hospital for several months to
complete this form of treatment, and Nathan refused because his employment is a priority. Nathan also
refused aggressive out- patient treatment and a three day course of medicine to help with detoxification
and its side effects. Nathan has not followed through with any sort of treatment for his disease. The fact
that he suffers from untreated (but diagnosed) Post-Traumatic Stress Disorder is a partial cause of his
binge drinking.
Nathan is an unpredictable physically and emotionally abusive alcoholic. I only called the police
on him one time near the end of July this year; (I didnt call about prior incidents because I was afraid of
what Nathan would do, he was the sole provider of the household and I already felt trapped in a vicious
never-ending cycle of abuse), he was not arrested because he lied to the police officer and can easily hide
his insobriety from strangers. The police officer I spoke with told me to get a no contact order against
him but I chose not to because he had no other place to live for the few weeks I was still residing with
him.
Im proud to say that Im a great mother and my number one priority is my amazing daughter. I
chose not to work that way I could always be home to care for and protect my daughter from her fathers
drunken episodes. Nathan grabbed Abbys forearms hard enough to make her cry just about every day. I
often had to intervene to prevent bruising and further physical abuse. On the one occasion that I should
have called the police, Nathan was asleep/passed out drunk on the couch (July 2014) and Abigail was
trying to wake him up...Our front door was open (I was on the porch smoking) and I heard my daughter
start screaming in horror... I walked over to the window and witnessed Nathan holding Abigail down by
the upper arms and slamming her against the couch...I banged on the window to let him know I was
aware of what he was doing... before I could get into the house my daughter started crying in pain
again... As I scooped her up to console her I made it very clear to Nathan not to touch or come near her
for the rest of the night... he passed out again and was oblivious to what he had just done... I dont want
to speculate on what may have happened next but it wouldnt have been good. (Annie Rice is aware of
this incident because I called her right after I had Abigail settled and safe in bed).
Nathan has hit me a handful of times but I didnt ever report it so I have no proof other than my
word. Nathan has been emotionally abusive toward me for years. I chose to leave him because I could no
longer subject my daughter and I to the negative, abusive, unstable environment that we were living in. I
feel happy and relieved that I left and my anxiety has decreased so much that I rarely take Xanax
anymore.
I am not a violent person but I have made mistakes in the past. I do not suffer from any
psychological issues other than anxiety. I am not an alcoholic or drug addict. (I have never used illegal
drugs except experimentation with Marijuana in my teens).
Nathan does not know my friend, Scott Fomby. Nathan is judging him solely on the fact that he
has a criminal record. None of his criminal history involves offenses against children. There is absolutely
no reason that my daughter should be restricted from being in the presence of my close friend Scott
Fomby. Scott has been a part of my life for 15 years and will continue to be in my life for the foreseeable
future. He has been very supportive of me and a positive influence. One should not judge a book by its
cover. (For example, Nathan Lensch looks great on paper but l know him as a person and he is mean,
irresponsible, manipulative, lazy, selfish, conniving, contradictive, unable to admit to his own personal
issues, etc and last but not least a very good father when he is not under the influence which is RARE.
Nathan missed several days of work in July 2014 all related to his alcohol abuse. He was late on
several occasions too. It is my understanding that Nathan is at warning level of being terminated for his
on-going attendance issues. In the month of July 2014 he asked to take our daughter to the doctor on
three occasions to avoid further disciplinary action at his current employer. Our daughters pediatrician
has always been willing to fill out a form that allows Nathan to be paid for missing work if he needed to
take Abigail to the doctor. Nathan has taken advantage of this at least 10 times, again to avoid further
discipline regarding his poor attendance directly related to his alcoholism. In 2012 and 2013 I had to set
my alarm to make sure that Nathan was up for work on time due to his excessive drinking every evening.
Nathan has a new girlfriend which worries me because I dont know anything about her or how
long or well he knows her. I asked Nathan for her name but he refused to tell me. My daughter has been
in her company several times which concerns me because Nathan and I have always kept our daughter
sheltered from strangers. Nathan has also told me that his is using a dating website and is involved with
three women on-line.
I am proposing that Nathan be required to continue with his weekly random UAs for the duration
of six additional months. Nathan shall also be required to obtain treatment for his alcoholism and Post
Traumatic Stress Disorder. As long as Nathan is getting clean UAs he should be allowed unsupervised
Declaration (DCLR) - Page 4 o f J f _
WPF DRPSCU 01.0100 (6/2006) 1
visits every other weekend. I am opposed to a 50/50 equally shared residential schedule at this time but
am willing to revisit this option in the future if Nathan has completed a treatment program for his
alcoholism and has been proved he is clean and sober for a period of no less than ONE year.
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at
|K -C -Q V y U C
Signature oqDeclarant
[City]
U )/K
[State] on
[Date].
m/FwcTrtSiJ
yyASH)NGTON
KEVIN ST0OK,JiQunty Clerk
Br----------- y
,, DEPUTV
No. 14-3-03127-0
Proposed
Parenting Plan
(p p p )
Nathan Lensch
Respondent.
This parenting plan is proposed by Sophia Rutschow.
Age
6I.
2.1
The fathers residential time with the child(ren) shall be limited or restrained completely, and mutual
decision-making and designation of a dispute resolution process other than court action shall not be
Parenting Plan (PPP, PPT, PP) - Page 1 of 10
WPF PS 15.0600 Mandatory (6/2008) - RCW 26.26.375, 26.09.016, .181; .187;. 194
required because this parent has engaged in the conduct which follows:
Physical, sexual or a pattern of emotional abuse of a child.
A history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault
sexual assault which causes grievous bodily harm or the fear of such harm.
2.2
3.1
3.2
School Schedule
Upon enrollment in school, the child shall reside with the mother, except for the following days
and times when the child will reside with or be with the other parent:
Every Friday from 4:00 pm through Sunday at 8:00 pm and every Wednesday from 4:00pm to
8:00 pm.
[()}
3.3
hOtj
Winter Vacation shall be defined as commencing the day that school lets out for the Winter
Vacation Break and concluding on the day before school resumes.
O'!
3.4
LH
The child shall reside with the mother during other school breaks, except for the following days
and times when the child will reside with or be with the other parent:
Friday(s) at 4:00 pm through Sundays at 8:00 pm and Wednesday(s) from 4:00 pm to 8:00 pm.
3.5
Summer Schedule
Upon completion of the school year, the child shall reside with the mother, except for the
following days and times when the child will reside with or be with the other parent:
3.6
3.7
i
fii 'i!]
H
C\\
j--.
With Mother
(Specify Year
Odd/Even/Everv)
With Father
(Specify Year
Odd/Even/Everv)
Even
Every
Odd
Even
Even
Even
Even
See Par. 3.3
See Par. 3.3
Every
Odd
Odd
Odd
Every
Odd
See Par. 3.3
See Par. 3.3
For purposes of this parenting plan, a holiday shall begin and end as follows:
Holidays shall begin the night before at 6:00 pm until the day of the Holiday at 8:00 pm
Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.
See Par. 3.3.
3.8
If the Special Occasion falls on a non-school day, the Special Occasion shall be the night before at 4:00
pm until the day of the Special Occasion at 8:00 pm.
If the Special Occasion falls on a school day, the Special Occasion shall be from after school on the day
of the Special Occasion until 8:00 pm on the day of the Special Occasion.
3.9
3.10
Restrictions
The fathers residential time with the children shall be limited because there are limiting
factors in paragraphs 2.1 and 2.2. The following restrictions shall apply when the
children spend time with this parent:
RANDOM UAs
Father is signed up for random weekly UAs with Crossroads Treatment Center. Father
shall continue to pay for UAs. The random UAs shall continue until the father has had
three months of consecutive clean UAs every week. Father shall continue random UAs
for nine additional months at least once a month. Father shall seek treatment for his
extreme alcoholism via The Veterans Administration; this service is free to him and a
hospital staff member has recently evaluated his addiction and recommended aggressive
in-patient treatment.
Father shall seek counseling for his untreated Post Traumatic Stress Disorder. (He is
50% disabled according to the Veterans Administration).
SUPERVISED VISITATION
Supervised visits shall be required if father has a dirty UA or fails to seek appropriate
treatment for his alcohol addiction.
If fathers UAs show non-prescribed drug or alcohol use then the fathers visits shall be
supervised. The visits shall be supervised by a friend who is known to and approved by
the mother. During the period of supervised visits, the visits shall occur one time per
week for two hours per visit, at a public location. The supervised visits shall be
scheduled and arranged in conjunction with the childrens school schedule and the
visitation supervisors schedule.
The fathers visits will remain supervised until all of the following conditions have been
met for a period of three consecutive months:
1. Three months of clean UAs.
3.11
Transportation Arrangements
Transportation costs are included in the Child Support Worksheets and/or the Order for Child
Support and should not be included here.
Transportation arrangements for the child, between parents shall be as follows:
Mother shall provide transportation while fathers visitation is supervised.
When visitation is unsupervised, transportation will be shared equally with the receiving parent
picking up the child at the start of his or her residential time.
3.12
Designation of Custodian
The child named in this parenting plan is scheduled to reside the majority of the time with the
mother. 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 parents rights and responsibilities under this parenting plan.
3.13
Other
Both parents shall provide an emotionally and physically safe home for the child. The home
should be sanitary at all times.
Both parents shall provide adequate bedrooms for the child to sleep in a comfortable home
environment that is not crowded.
Both parents shall refrain from the use of alcohol and illegal drugs or prescription medication
except as directed by a physician with a lawful prescription.
Neither parent shall transport, nor allow any other individual to transport, the child in a vehicle
except with a driver with a valid drivers license, in an insured vehicle and using all lawful child
safety restraints.
Neither parent shall allow the child to be taken care of (babysat) by any individual who hasnt
been approved by both parents.
The father shall not have the child in the company of any of his multiple female companions.
(The child is scared and uncomfortable around unknown adults).
3.14
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 childs school district, the relocating person must give notice by
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 childs
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.
4.2
Major Decisions
Major decisions regarding each child shall be made as follows:
Education decisions
Non-emergency health care
Religious upbringing
Out of State Travel
Childcare
4.3
mother
mother
mother
mother
mother
(d)
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 o r a motion
for contempt for failing to follow the plan.
Disputes between the parties, other than child support disputes, shall be submitted to (list person
or agency):
Mediation by Pierce County Dispute Resolution Center.
The cost of this process shall be allocated between the parties as follows:
20% mother; 80% father.
The dispute resolution process shall be commenced by notifying the other party by written request via
certified mail.
(c)
(d)
(e)
disputes relating to implementation of the plan, except those related to financial support.
A written record shall be prepared of any agreement reached in counseling or mediation
and of each arbitration award and shall be provided to each party.
If the court finds that a parent has used or frustrated the dispute resolution process
without good reason, the court shall award attorney's fees and financial sanctions to the
other parent.
The parties have the right of review from the dispute resolution process to the superior
court.
r1 S
' ) 4
j U )t
Mother
Father
punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
RCW 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 parents obligations under the plan are
not affected.
Dated:
_________________
______________________________________
Judge/Commissioner
Presented by: *
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09-09-14
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PM.
Ct!
(Vbiqou\
No. m - 3 - 0
Petitioner,
and
(XjV\aCO^
I. Motion
Ba^ed
ased on
op the reasons se^forth
set f
in the declaration below, (name of requesting party)
_______________ moves the court for a temporary order which:
GV> Q v O
orders child support as determined pursuant to the Washington State Child Supp^^t
>qrt Schedule.,
Schedule.
approves the parenting plan which is proposed by .(name) <
F) rf V f r U lc ^ ' K a T C C X t O
S
restrains or enjoins (name) __ fO CoV^Vl CLV\
S
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from disturbing the
peace of the other party or o f any child.
restrains or enjoins (name)
'_____________________________
from going onto the
grounds of or entering the home, work place or school of the other party, or the day care or
school of the following named children:
[]
uJ
former cohabitants as part of a dating relationship, then the restrained person may be
prohibited from obtaining or possessing a firearm, other dangerous weapon, concealed pistol
license, or ammunition under state or federal law for the duration of the order.
LJ
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Requesting Party or Lawyer/WSBA
Lawyer/W
No.
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2.1
It is necessary that the court issue a temporary order granting the relief requested above for the
reasons set forth below; - p
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If the surrender of firearms, other dangerous weapons, and concealed pistol license is requested,'
please explain (check and complete all that apply):
l]
[]
Mas the other party used, display eel, or tiii cuLcueu iu use a urearni or other dangerous
weapon in a felony? Describe:
Has the other party previously committed an offense that makes him or her ineligible to
possess a firearm under the provisions of RCW 9.41.040? Describe:
Does possession of a firearm or other dangerous weapon by the other party present a
serious and imminent threat to public health or safety, or to the health or safetv of anv
individual? Describe: ^
^
^
yO W T)
v i& v A W c
(x w jiz s is } I,
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or
b) is a dependent o f a National Guard member or Reservist residing in Washington on
active duty, list the reasons why this temporary order should be granted despite the absence
of the other party:
naer penalty or
lav of the state of Washington that the foregoing is true and
I declare under
of perjury under me
the laws
correct.
Signed at (city)
__ , (state) v a t *1
(date) V
% -
^ nt or Type Name
j-
1_
144
5
6
7
8
SUPERIOR COURT OF WASHINGTON
COUNTY OF PIERCE
9
10
11
12
13
14
No. 14-3-03127-0
Temporary Order
(TMO)
[] Clerks Action Required
[ ] Law Enforcement Notification, ^
3.1
15
16
II. Basis
19
20
A motion for a temporary order was presented to this court and the court finds
reasonable cause to issue the order.
21
22
23
24
25
III. Order
It is Ordered:
3.1
Restraining Order
The prior temporary restraining order restraining BOTH PARTIES dated
AUGUST 14, 2014, remains in full force and effect.
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
V
*i
1
Temporary Relief
2
3
Ghild support ohall bo paid in accordance with tho order of child support, signed by
the-eeurt.
Tho partioo-shall comply witl'i the Tempo!ai y Patenting Plan oignod by the court.
5
6
BOTH PARTIES are restrained and enjoined from removing any of the children from
the state of Washington.
Neither parent shall allow the child to have any contact with SCOTT FOMBY.
m n T H & Z S K E & J i S f F o e F 6 MT)a/U $ ajC F F p r S F o O - /y /) /* S 6 TV B C fc g A JOT&P
yd Q7Q&f<z (. 2 0 t 9 . * P h / lo /Aj/a toHn/oc/f x>
W ITH
10
11
/ 0 - &7
W eiTH e/z
3.3
12
13
3.4
14
D ifA
P F & HAOP. V f C / m n O r J L ^ J /h
P O n F H fF OH F
V-' 3 0
aup
ufJQAY
F0o/*t
Bond or Security T F C C H / t O
SH flC C %
S cH eo o F F o p p y c p /i
F l i o f/Y !po$s J oy* rte n s u e F o f fP o fto ^ o n y 8 /tS B O
Does not apply
O tf Co n t a c t U / W O B s e c m C U /v a
A^
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v i tL
y s s o o f Payc a / i f A h q faoya cO /lc P P y
orfY C O P F *
Fac/F PHaE/vr , small ftfivE /ZAnoopro ujEEYSc? o>Ac c j/fty F / S
CQmPOYYFFFT # r F hpSSJZfapS
<ZFSFE/t
15
16
S f PCL
FPy
F o il
THE y P
o tfH f
V P s<
F<syz7>jFFL OF&FF+
17
W. STEPHEN GRE
Commissioner F
Jod^/C om m issionbt7
18
^ TVS ofU>&L
Presented by:
h \ay
19
(3 t
s-Q O N a / f
& *
,/ &
20
21
, WSBA #
Attorney for Respondent
Nathan
Sophi^-RtrtsehQW, Respondent
22
23
24
25
FILED
IN OPEN COURT
Temp Order (TMO) - Page 2 of 2
FAUBION, REEDER,
:RALEY & COOK, P.S.
59; t0-100TH Street SW, Ste 25
Lakewood, WA 98499
PIERCE COUNTY, Clerk
253-581-0660
0 8 2014
"
No. 1884
Sep. 8. 2 0 1 4 1 0 : 3 1 A M
'H-
ENT ENTER
14-3-03127-0
43252999
RSUA
09 09 M
P. 1/2
Lakewood
10828 Gravelly Lake Dr. SW, Suite 204
Lakewood, WA 98499
Phone: (253) 473-7474
Fax: (253) 474-9724
atient Treatment
Relapse Therapy
Abuse Services
jrmation School
Organization:
D ,,e :
Q -iT -
OFFICE
Re:
SophiaRutschow
SEP 0 8 2014
/
1 1 Urgent
X For Review
'Please-Comnient
Please Repty^
Notes/Comments:
se c.
UlA
pm
re ^ u tts .
f\
n n rm n c o n f i d e n t i a l rrn rm n
This information has been disclosed to you from records whose confidentiality is protected by Federal Lm Federal regulations prohibit you
fro m making any further disclosure o f U without the specific written consent o f the person to whom it pertains or as olhenvise permitted by
such regulation. A general uulhoriiatlou fo r the release o f medical Information Is not sufficient fo r this purpose. This information Is
Intended only fo r the individual(s) named above. I f the reader o f this facsimile, or the employee or agent responsible to deliver It to the
recipient is not the intended recipient, you are hereby notified that any dissemination o f lids information is prohibited. I f you have received
this communication in error, please notify j<r by telephone and return the original message via the U.S. Postal Sendee and we will reimburse
yon fo r any expenses Incurred.
^pn R 90 U 10-RUM
N o.
1884
P.
-2/2
Tacoma, WA 96421
(253) 552-1551,fax (253) 552-1549
FINAL REPORT
Referred By
Agency Name
Patient
Collected
Received
Reported
Specimen ID
External ID
Patient ID
Specimen Matrix
Patient SSN
Patient DOB
9/312014 00:00
9/5/2014
9/5/2014
Quantitation
103308419
N/A
SRL1369381
Urine
Test Name
Result
AMPHETAMINES
BENZODIAZEPINES
Negative
Screen Limit
1000 ng/mL
Negative
200 ng/mL
COCAINE METABOLITE
Negative
300 ng/mL
ETHYLGLUCURONIDE (ETG)
ETHANOL
POSITIVE
500 ngAnL
Negative
20 mg/dl
OPIATES
MARIJUANA METABOLITE
Negative
300 ng/mL
Negative
20 ng/mL
Confirmation Limit
SPECIMEN VALIDITYTESTING
Normal
Negative
43.9 mg/dL
NITRITE
> 20 mg/dl
500 mcgrtnL
pH
Normal
5,5
45-0,9
CREATININE
Comments
All positive screening (esl resulls and semf-quantitalive values obtained from a screening test result should be considered presumptive
until confirmed wllh a specific end sensitive alternate method such as GC/MS or LC/MS/MS.
Certification
Certified True and Complete
8 2014
Final Report
Friday, SeptembarOS! 201410:48:14AM
3004.0.0.33
No. 1881
'NT E N T E R
tient Treatment
elapse Therapy
Abuse Services
donation School
P. 1/2
Lakewood
10828 Gravelly Lake Dr. SW, Suite 204
Lakewood, WA 98499 in COUNTY CLERK'S OFFICE
Phone:(253)473-7474
Fax: (253) 474-9724
AM SEP 0 8 20
Pl
p .m .
XVAoriiN6TON
~' ~
Organization:
Date:
Nathan Lensch
1 1 Urgent
i^ j
J^tahPagesr'2
X For Review
See
a tta c h e d
aJ
Q Please Reply
U J *
6 > .
n nn n n c o n fid e m e m rnim
This information has been disclosed ioyon fro m records whose confidentiality is protected by Federal Ltrw. Federal regulations prohibit yon
fro m 11taling any further disclosure o f it without the specific written consent o f the person to whom ft pertains or ns cthenvhe permitted by
such regulation. A general authorization fo r the release o f medical Information is not sufficient fo r this purpose. This information is
intended only fo r the Individuals) named above. I f the reader o f this facsimile, or the employee or agent responsible to deliver It to the
recipient Is not the intended recipient, you are hereby notified that any dissemination o f this information is prohibited. I f you it m e received
this communication in error, please notify us by ietepiicne and return the original
via the U.S. Postal Service and we will reimburse
you fo r any expenses incurred.
rJ/xPUTY
Sep. 3. 20 1 4 1 0 : 2 9 A M
No. 1 38 1
-----------
P. 2 / 2
3 C 3 IC
STERLING Reference Laboratories
2617 East L Street
Tacoma, WA 98421
(253) 552-1551 fax (253) 552-1549
FINAL REPORT
Referred By
Specimen ID
103306422
Agency Name
Collected
Received
Reported
External ID
Patient ID
Specimen Matrix
Patient SSN
Patient DOB
9/3/2014 00:00
9/4/2014
9/5/2014
Test Name
Result
AMPHETAMINES
BENZODIAZEPINES
COCAINE METABOLITE
ETHYLGLUCURONIDE (ETG)
ETHANOL
OPIATES
MARIJUANA METABOLITE
Negative
Negative
Negative
Negative
Negative
Negative
Negative
Quantitation
N/A
SRL1369380
Urine
Screen Limit
Confirmation Limit
IQOOngAnL
200 ng/mL
300 ngAnL
500 ng/mL
20 mg/dL
300 ng/mL
20 ng/ml
SPECIMEN VALIDITYTESTING
CREATININE
-Specific Gravity
NITRITE
pH
1.004
6.5
1.003-1.030
500 megrtmL
4.5 - 8.9
St?
0 ip M
Final Report
Friday, September 0 6 ,2Q M 2:16:39 AM
Sep.. 8. 20 14 1 0:30AM
No. 1 883
^NT ENTER
14-3-03127-0
43253032
RSUA
itient Treatment
.elapse Therapy
Abuse Services
09-09-14
__jnnation
School
'O
P. 1/2
Lakewood
10828 Gravelly Lake Dr. SW, Suite 204
Lakewood, WA 98499
Phone: (253) 473-7474
FILED
Fax: (253) 474-9724N COUNTY CLERK'S OFFICE
am
SEP 08 2014
.Cc^UTY
Organization:
Date
Fax Number: 253-798-7214
JTotjciUPages: 2
>
Re: SophiaRutschow DOB: 03-31-198^ Cause# 14-3-03127-0
1 1 Urgent
J
| Please Reply
Notes/Comments:
J \) q
5T6>
n im n n
c o n f id e n t ia l
p ,m .
nnnnn
This information has been disclosed to yon from records whose confidentiality is protected by Federal Law. Federal regulations prohibit yon
from making any further disclosure o f It without the specific written consent o f the person to whom it pertains or as otherwise permitted by
such regulation. A general authorization fo r the release o f medical information Is not sufficient fo r this purpose. This Information is
Intended only fo r the iiitlividual(s) named above. I f the reader o f this facsimile, or the employee or agent responsible to deliver it to the
recipient is not the intended recipient, j on are hereby notified that any dissemination o f this,information is prohibited. I f you have received
this communication in error, please notify us Ai1telephone and return the original message via (he U.S. Postal Sendee and we will reimburse
you fo r any' expenses incurred:
No. 1 8 8 3
P. 2 / 2
FINAL REPORT
Specimen ID
Referred By
Agency Name
Patient
Collected
Received
Reported
External ID
Patient ID
Specimen Matrix
Patient SSN
Patient DOB
9/3/2014 00:00
9/6/2014
9/6/2014
103308419
N/A
SRL1369381
Urine
y>
(si
H
0
(si
Test Name
AMPHETAMINES
BENZOD1A2EPINES
COCAINE METABOLITE
ETHYLGLUCURONIDE (ETG)
ETHANOL
OPIATES
MARIJUANA METABOLITE
SPECIMEN VALIDITYTESTING
ili
CREATININE
NITRITE
pH
,.1,
Result
Negative
Negative
Negative
Quantitation
Screen Limit
iooQng/mL
200 ng/hiL
300 ng/hnL
500 hg/mL
20 mg/dL
300 ng/mL
20 ng/ml
43.9 mg/dL
> 20 mg/dL
SQOmcgAnL
4.5 - 8.9
POSITIVE
Negative
Negative
Negative
' Normal
Negative
Norma)
5.5
Confirmation Limit
Comments
All positfve screening test results and semf-quantilaltve values obtained from a screening lest result should be considered presumptive
until confirmed with a specific and sensitive alternate method such as GC/MS or LC/MS/MS.
Certification
Certified True and Complete
ENTERED
(Signed oulS/5/2014)
Final Report
Friday, SepTemb^rO^201410:48:14AM
3001 .0 . 0.33
X f c n i 'g l
-Pco
C b = fr-
For Petitioner
For Respondent
re ? f> g 3 ts
RE: 1
flA
2 e _
rto .5
OJArV
Gl
Q & rh /v j& n c jp -
/f>f\iJ _ -pa
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X o c j^ ^ o ./r r ^
c r y r h A y ,/^ .
(D <->7^-
Clerk:
(~ % J T 0
^i.r.___ a a ,i _j___ ^ r\ h h * _
______
lo. 1979
P. 2
'
14-3-03127-0
43297746
RSUA
SEP 16 20t<
PIERCE ooui feSriiNGTON
KEVIN T( *ounty C&ftcimen ID
iTta!!DEPUTY
am
FINAL REPORT
Referred By
>UNTYSLICK'S OFFICE
09-17-14
_______ ^
Patient'LENSCH1NATHAN
External ID
Patient ID
Specimen Matrix
Patient SSN
Patient DOB
CoilectecKamim.
Received
Reported
0
'j
0
n
H
9/11/2014
9/12/2014
Test Name
Result
AMPHETAMINES
BENZODIAZEPINES
COCAINE METABOLITE
ETHYLGLUCURONIDE (ETG)
ETHANOL
OPIATES
MARIJUANA METABOLITE
Negative
Negative
Negative
Negative
Negative
Negative
Negative
Quantitation
Urine
0 5 /2 1 -0
Screen Limit
Confirmation Limit
1000 ngrtnL
200 ng/mL
300 ng/hiL
500 ng/hiL
20 mg/dL
300 rtg/inL
20 ng/ml
CREATININE
NITRITE
PH
98.2 mg/dL
7.6
> 20 mg/dL
500 mcg/mL
4.5-8.9
,5 fP
MPl
Final Report
Fdday, September12,201412240:43AM
'
3004.0.0.3]
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGT(
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
3
4
5
6
7
8
SUPERIOR COURT OF WASHINGTON
COUNTY OF PIERCE
9
10
11
12
13
No. 14-3-03127-0
COVERPAGE FOR
POLICE REPORTS
14
15
SOPHIA RUTSCHOW,
Respondent.
16
17
COMES NOW attorney for Petitioner, Daniel N. Cook, and presents to the court the
18
attached Police Reports on file with the Law Enforcement Support Agency and which were
19
20
21
DATED this
of September 2014.
22
23
Daniel N. CookTWSEA^3^866
Of Attorneys for Petitioner
24
25
PDA: Yes
Page 1 of 5
Subject:
w o
IBR Disposition:
Forensics:
Case Report Status:
Approved
:
o CD
o
3
to
. z
O
ACTV - Active
Case Management
Disposition:
Reporting By/Date:
Reviewed By/Date:
Arrest
Related Cases:
Case Report Number
Agency
Non-Electronic Attachments
Attachment Type
Location Address:
City, State, Zip:
Additional Distribution
Location Name:
Cross Street:
City, State, Zip:
City, State, Zip:
Contact Location:
Recovery Location:
CB/Grid/RD:
Occurred From:
Count
District/Sector:
Occurred To:
237 - LAKEWOOD
11/28/2013 01:58:00 Thursday
Notes:
Yes
Child Abuse:
Completed
No
Gang Related:
Crime Against:
No/Unknown
PE
Type of Security:
Evidence Collected:
Photographs
Height:
Address:
City, State Zip:
3/31/1981
5' 7 "
Age:
125
32
Call Source:
Phone Report:
Insurance Letter:
Entered On:
Approved On:
Adult/ Juvenile Clearance:
Additional Distribution:
Validation Processing
Weight:
Sex:
PDA:
Juvenile:
Hate/Bias:
Using:
Tools:
Female
Race:
White
(JtS^Hispanic
^1^253-590-7973
Country:
Dispatched
11/28/2013 06:34:15
11/28/2013 07:43:13
Distribution Date:
By:
Exception
Exceptional Cle
Other*
County Pros. Atty.
City Pros. Atty.
Supervisor:
Military
Other Phone:
Other Address:
Resident:
SSN:
State ID:
Driver License No:
Occupation/Grade:
Employer/School:
DOC No:
FBI No:
Local CH No:
Driver License
State:
RUTSCSA196DU
Hair Length:
Hair Style:
Hair Type:
Appearance:
Washington
Arrest Type:
Armed With:
Miranda Read:
No. Warrants:
Fingerprints:
Type of injury:
Driver License
Country:
United States of
America
Facial Hair:
Glasses:
Teeth:
Facial Shape:
Complexion:
Facial Feature
Oddities:
Distinctive Features:
Body Build:
Speech:
Right/Left Handed:
SMT:
Attire:
Gangs:
Significant
Trademarks:
Suspect Pretended
to Be:
Place Of Birth:
Date/Time Arrested:
Arrest Location:
Arrest Offense:
Page 2 of 5
Tribe Affiliation:
Identifiers:
Modus Operandi
11/28/2013 02:15:00
Custody Status:
Habitual Offender:
Booked Location:
Released Location:
Yes
No
Not Applicable
No
Medical Release
Obtained:
Hold Placed By:
Date/Time Booked:
Held For:
Date/Time
Released:
Juvenile Disposition:
Adult Present
Name:
Detention Name:
Notified Name:
Previous Offender:
Fire Dept Response:
Taken By:
New Charges
Arrest #
Book/Cite
000
Book
M - - Misdemeanor
____ Assault/DV- -
! Warran t#
Lakewood
__________ Municipal Court
_______
Count
Bail
Court
1
____
____
Court
Bail
Arrest Notes:
Probable Cause:
v i and W ljr ta te d A1 th re w an alarm clock a t V i's face, striking him in the lip.
Weapon i : Other
Offense:
Offender:
Weapon:
Other Weapon:
Action:
Manufacturer:
Serial No:
OAN:
Other
alarm clock
Automatic:
Caliber:
Gauge:
Make:
Length:
Finish:
Importer:
Model:
Grips:
Stock:
Page 3 of 5
Weapon Notes:
9/19/1978
A9e: 35
6'1"
Weight: 220
9106 59TH Ave Sw
Lakewood, WA 98499
Sex: Male
Hair Color:
Race:
White
County:
Phone:
Country:
Business Phone:
Other Phone:
Occupation/Grade:
Employer/School:
Other Address:
Resident:
SSN:
Driver License No:
Injury:
Type of Injury:
Non-Hispanic
Hazel
253-273-2259
Place of Birth:
Driver License
State:
Washington
3
Driver License
Country:
United States of
America
Complexion:
Attire:
SMT:
Victim Of:
Victim Type:
Ethnicity:
Eye Color:
Facial Hair:
Facial Shape:
Weapon Used:
Reporting
Statement Obtained:
Fire Dept Response:
Taken By:
Medical Release
Obtained:
Hold Placed By:
No
Relationship:
A1 - Rutschow, Sophia
Alexandrea
Law
Enforcement
Type:
Assignment:
or Assaulted
Information
Activity:
Justifiable Homicide
Circumstances:
Victim Notes:
11/3/2007
A9e:
06
Weight:
Sex:
Female
Race:
W h ite
Hair Color:
Ethnicity:
Eye Color:
County:
Phone:
Country:
Business Phone:
Occupation/Grade:
Employer/School:
Non-Hispanic
Other Phone:
Place Of Birth:
Driver License
State:
Attire:
Driver License
Country:
Complexion:
SMT:
Facial Hair:
Testify:
Facial Shape:
Witness Notes:
Page 4 of 5
Property Item No. 1/1:1323 - Evidence - Photo / Audio / Video / Data - CD / DVD / Blu-Ray Disc
Officer Generated
Other Common Item:
Description:
Quantity:
Finding Location:
Status:
Recovered Date:
Recovered Value:
Field Tested:
Field Test Results:
Propeny Disposition:
Disposition Location:
1
E - Evidence (Including Other Seized
Property And Tools)
Photographed:
Fingerprinted:
Contents Sampled:
Owner:
Value:
Make./Brand:
Model:
Serial No:
OAN:
insurance Company:
Policy No:
Vehicle Information:
License:
License State:
Locked:
Keys in Vehicle:
License Country:
Vehicle Year:
Delinquent Payment:
Victim Consent:
Drivable:
Estimated Damage:
Damage:
Damaged Area:
Tow Company:
Tow Consent:
Hold Requested By:
Make:
Model:
Vehicle Style:
Primary Vehicle Color:
Secondary Vehicle Color:
VIN:
Special Features:
Drug Information:
Drug Measure:
Drug Measure Type:
Drug Type:
Drug Quantity:
Jewelry Information:
Total# of Stones:
Inscription:
Generally Worn By:
Metal Color:
Metal Type:
Stone Color:
Firearm Information:
Caliber:
Length:
Gauge:
Action:
Importer:
Finish:
Grips:
Stock:
Property Notes:
Enter
Date
Time
WACIC
LESA
Initial
Release
Info.
Owner
Notified
Clear
Date
Time
Release
No.
Release
Authority
Operators Name
Investigative Information
Means:
Vehicle Activity:
Motive:
Direction Vehicle Traveling
Synopsis:
Page 5 of 5
On November 28, 2013 at approximately 0158 hours, Ofc Borchardt and I were dispatched to a
domestic at 9106 59th Ave SW. The reporting party, V1-Lensch, reported that his girlfriend threw an alarm
clock at him and busted his lip open.
At approximately 0203 hours, I arrived on scene and met with Lensch outside of his residence. Ofc
Bell and Ofc McCelelland went inside and met with the female, A1-Rutschow.
Lensch stated Rutschow has been drinking vodka and was heavily intoxicated. Lensch said
Rutschow accused him of taking her cell phone battery and got angry.
According to Lensch he was laying in bed with his daughter, W1-Lensch, Abigail when Rutschow
came into the room and threw an alarm clock at his face. The alarm clock was on the night stand next to the
bed and Rutschow was approximately three feet from Lensch. Lensch said he got Rutschow out of the room
and locked the bedroom door. Lensch then called 911.
While speaking with Lensch I observed his upper lip was cut and he was holding a white washcloth to
his lip. The washcloth had several small spots of blood. Photographs Lensch's lip and the washcloth were
entered into LPD evidence per departmental policy.
I contacted Ofc Bell to determine Rutschow's side of the story. Rutschow told the officers that she
was arguing with Lensch and that he pushed her. Rutshcow said she threw something, possibly the "remote"
at Lensch but she did not think it hit him. Ofc Bell said Abigail told him that Rutschow threw the alarm clock
at Lensch while they were laying in bed. Every time Rutschow tried to pass blame onto Lensch, Abigail
shook her head side to side and indicated that Rutschow wasn't being honest.
I placed Rutschow under arrest for Assault 4 DV and escorted her to my patrol car. Rutschow's
balance seemed to be impaired and she tried to explain that Lensch has beat her in the past. I read
Rutschow her Constitutional Rights from a department issued Miranda card and Rutschow originally stated
she was not going to talk to me but then started making spontaneous statements.
Lensch refused to fill out a written statement and was given a DV victim's rights pamphlet.
On the way to Nisqually jail, Rutschow was visibly upset and was worried that she wasn't going to be
able to see a judge because of the holiday. Rutschow continued to explain that Lensch is bigger than her
and has harmed her in the past. Rutschow said she was only defending herself.
Rutschow was booked into Nisqually jail without incident and that concluded my involvement in this
incident.
Reviewed By:
Reviewed Date:
PROPERTY REPORT
PROPERTY ROOM
USE ONLY
SEARCH WARRANT
^EVIDENCE
Q
SAFEKEEPING
FOUND
OWNER UNKNOWN
tT H nw
^(OU
CENSUS
CITY
JL _
PHONE
DIST.
B 3 7 SO
PHONE
ST^TW
MIDDLE
FIRST
STREET ADDRESS
ADDRESS
o
>
[3
L
-3U
ffl
3
w
ST NAME
STREET ADDRESS
FIRST
MIDDLE
CITY
PHONE
PROPERTY ROOM
USE ONLY
PROPERTY INVENTORY
PROPERTY DESCRIPTION
ITEM NO.
J/4oto
.. 0 , (T.lA'S
LOC.
F/O
QTY.
SERIAL NO.
LOCATION
DISPOSITION
c y c .s < ^
:
*
PAGE
T Y P E O F CR IM E
LAST NAME
DATE
V\ l->
UNIT N O ..
UL\1C
.DATE.
S s.
s
^
2 z
cc o
0. Ill
o
DC 3
Q.
n <
DATE
UNIT NO.
DATE
Z-243 (4/07)
S e P; 22. 2 0 1 4
2:43PM
No. 2 0 3 5
1ENT ENTER
14-3-03127-0
(patient Treatment
l Relapse Therapy
09-24-14
x Abuse Services
-j-uconoi'Drug Information School
43334292
Lakewood
10828 Gravelly Lake Dr. SW, Suite 204
Lakewood, WA 98499
Phone:(253)473-7474
Fax: (253) 474-9724
,N COUNTY ClI rK'S OFF/
am .
Organization:
Date:
Re:
Sophia Rutschow
Total Pages;
DOB: 03-31-1981
1 | Urgent
X For Review
SEP 2 3 2014W
FACSIMILE TRANSMITTAL
P. 1 / 1
-v _
V l~
^/
,
)M
Cause# 14-3-03127-0
| | Please Comment
Q Please Reply
Notes/Comments:
Tf CCLlied
o&
U y titf
lh -
q:00 a.rw
^
cm T lturscW g,
m e s s a g e .
J t v ic L J
oU -
le a fi aq cuno&es
r \o i-
la
T V
n n rm n c o n f i d e n t i a l n n n n ti
This Information has been (Itsclosed to you fro m records whose confdenliaUty Is protected by Federal Lmv. Federal regulations prohibit you
from making any further disclosure o f U without the specific written consent o f the person to whom It pertains or as otherwise permitted by
such regulation. A general authorization fo r the release o f medical information is not sufficient fo r this purpose This Information fs
intended only fo r the indmdualft) named above. J f (he render o f this facsimile, or the employee or agent responsible to deliver it to the
recipient Is not the intended recipient, you are hereby notified that any dissemination o f (his itformation Is prohibited. Ify o n lume received
this communication in error, please notify us by telephone and return (he original message via the U.S. Postal Service and we wilt reimburse
you fo r any expenses Incurred.
''"c
'ptt. 22. 2 0 14
2:36PM
No. 2 0 3 3
P. 1
!
c b o s c d o at s _t w it a t m ENT
\
14-3-03127-0
43334294
RSUA
09-24-14
ENTER
itpatient Treatment
Relapse Therapy
ice Abuse Services
information School
Lakewood
10828 Gravelly Lake Dr. SW, Suite 2 ^
Lakewood, WA 98499
IN COUN
Phone: (253) 473-7474
Fax: (253) 474-9724
aM
K*$ OFFICE
3 2014
P.M.
Pi||^|C0U!Nj.l WASHINGTON
STOCK, County Clerk
.DEPUTY'
BY.
Organization:
D,te: q
Total Pages: 2
Nathan Lensch
DOB: 09-19-78
I | Urgent
[ X ] For Review
Cause# 14-3-03127-0
| | Please Comment
Q Please Reply
Notes/Comments:
O M C X C A zd
/b it
2 -
F esul 5
n eg*
No. 2 0 3 3
P. 2
IS
,.,1
P FINAL REPORT
Specimen ID
Referred By
Agency Name
Patient
Collected
Received
Reported
;/
0
&l
si'
iM
iT;
External ID
Patient ID
Specimen Matrix
9/17/2014 00:00
9/18/2014
9/18/2014
103308370
N/A
SRL1369380
Urine
Patient SSN
Patient DOB
Test Name
Result
AMPHETAMINES
BENZODIAZEPINES
COCAINE METABOLITE
ETHYLGLUCURONIDE (ETG)
ETHANOL
OPIATES
MARIJUANA METABOLITE .
Negative
Negative
Negative
Negative
Negative
Negalive
Negalive
Quantitation
Screen Limit
Confirmation Limit
1000ngfinL
200 ng/mL
300 ngAnL
500 ng/ftiL
20 mg/dL
300 ngrtnL
20 ng/mL
SPECIMEN VALIDITYTESTING
CREATININE
NITRITE
pH
Normal
92.7 mg/dL
Negative
Normal
5.4
> 20 mg/dL
500 mcgflmL
4.5-8.3
Final Report
Sepfemcer 13, 201411:50:54 PM
3004.0,0,33
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTO
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
3
4
5
6
7
8
9
10
13
14
SOPHIA RUTSCHOW,
11
12
No. f y - 3 - 0 3 / 2 7 - 0
DECLARATION OF
NATHAN LENSCH
Respondent.
15
16
17
18
19
drunk. I drank beer while eating chicken wings and watching the Seahawks game while our
20
daughter ABBY was not in my care. I was not intoxicated. SOPHIA admits that the
21
Lakewood police officer did not think I was intoxicated. My attorney sent a subpoena to South
22
Sound 9-1-1 (formerly LESA records) and my attorney received other police reports involving
23
us but no police report was provided for the incident SOPHIA where SOPHIA admits in her
24
25
DECLARATION OF NATHAN LENSCH - Page 1 of 3
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Nathan Lensch2.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
banging on the door and I would not wake-up. I do not believe that is true. SOPHIA is
2
confrontational and manipulative. I believe SOPHIA looked in the window and saw me asleep
3
4
5
and hoped to create a situation to make me look bad. I do not believe she knocked on the
door at all, or if she did, she did so only very quietly. I do get up early for work each day and I
had fallen asleep on the couch while watching the game. But I did hear ABBY knock on the
door and I immediately went and opened the door. When I did SOPHIA triumphantly
proclaimed to me The police are on their way. I believe she did not knock, or knocked
extremely quietly, to create a situation where she could try to make me look bad. And when
10
ABBY knocked on the door in a normal fashion, I immediately woke up and answered.
11
12
13
I am concerned about SOPHIA. She has had one positive UA for alcohol. She has
also had one no-show on her random UA so that must be considered positive. I believe
SOPHIA needs to continue taking random UAs until she has had clean UAs for at least 60
14
days. All of my UAs have been clean since ABBY came to live with me (the first UA was
15
16
17
positive for alcohol but that was from prior to ABBY coming to live with me). SOPHIA has
also always been at least an hour late to pick up ABBY for her visits. And the last Sunday
18
visit which was scheduled SOPHIA completely did not show up for. I believe she is drinking a
19
lot and is not ready to care for ABBY for extended periods of time.
20
ABBY is doing extremely well in school and daycare. I have also enrolled ABBY in an
21
after-school gymnastics class which she attends twice per week. ABBY is constantly
22
23
mandatory reporters. I also joined the PTA. ABBY and I are still living in the family home.
24
25
DECLARATION OF NATHAN LENSCH - Page 2 of 3
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Nathan Lensch2 doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 - 100th St. SW #25
Lakewood, WA 98499
253-581-0660
To the best of my knowledge SOPHIA is still couch surfing. If ABBY stayed overnight
2
with SOPHIA she would have to share a room with SOPHIA or the other two little girls in the
3
4
5
house. I understand that the individuals SOPHIA is living with are getting a divorce and I am
not sure that the situation is conducive to ABBY staying there for extended periods of time. If
SOPHIA has 60 days of clean random weekly UAs and does not no show for any more, than I
would not be opposed to ABBY spending every other weekend with her mother at this time.
As noted in my original parenting plan, I am not opposed to ABBY spending even more time
with SOPHIA than that, once SOPHIA has housing that is not couch surfing and is more
10
conducive to a longer stay. But for now, ABBY should reside primarily with me and continue
11
12
13
14
OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.
15
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Signed at (city)
Cl Ic
t?A^
( s t a t e ) o n (date) Z ^ -
P i - ZJD
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DECLARATION OF NATHAN LENSCH - Page 3 of 3
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Nathan Lensch2. doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920- 100th St. SW #25
Lakewood, WA 98499
253-581-0660
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHINGT
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
3
4
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
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No. 14-3-03127-0
DECLARATION OF MAILING
13
SOPHIA RUTSCHOW,
14
Respondent.*1
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16
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21
I, Sally DuCharme, am over the age of 18, and competent to testify in the
above entitled case.
On September 26, 2014, I placed in the U.S. Mail a copy of the following
documents in the above-entitled caption:
1.
2.
3.
4.
5.
6.
22
23
24
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
2
I declare, under the penalty of perjury and the Laws of the State of Washington,
that the foregoing is true and correct.
DATED
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Declaration Of Mailing
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Mailing.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
No. 2 0 9 5
__ l-J.I.P .M
10-02-14
FINAL REPORT
'*/Coryfe0
Referred By
Agency Name
Patient
Collected
Received
Reported
P. 2 / 2
Specimen ID
Test Name
Result
AMPHETAMINES
BENZODIAZEPINES
COCAINE METABOLITE
ETHYLGLUCURONIDE (ETG)
ETHANOL
OPIATES
MARIJUANA METABOLITE
Negative
Negative
Negative
Negative
Negalive
Negalive
Negalive
10M083S0
External ID
Patient ID
Specimen Matrix
Patient SSN
Patient DOB
Quantitation
N/A
SRL136938
Urine
Screen Limit
4*
Cfc*
Pfcr ^ ^0 pto
Confirmation Limit
10QOng/mL
200 ng/mL
300 ngfoiL
500 ng/mL
20 mg/dL
300 ngAnL
20 ng/ml
Normal
Negalive
Normal
2S.9 mg/dL
7.2
> 20 mg/dL
500 mcgAnL
4.5 - 6.9
W iw w i
2 a20fe
y >
Final Report
Friday, September 25, Zyf 4 3;29;0S FNs
3004.0.0.3D
rt
OCT. 012014
No. 14-3-03127-0'
NATHAN E LENSCH
^PIERCE COUNTX-Clerk
NT3LC!
sPydepitf e
Petitioner(s),
Memorandum of Journ
vs.
[ ] Show Cause
SOPHIA RUTSCHOW
(ADM02)
Respondent(s)
A3
For Petitioner
RE: ^
For Respondent
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3 ^ 3
October 1,2014 9:00 AM
v ^ /\ at
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Ixcrtrpt.pbl dJournal_entry_showcause_report
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No. 14-3-03127-0
TEMPORARY
PARENTING PLAN
(PPT)
16
19
20
21
Age
Age: 6
22
Under certain circumstances, as outlined below, the court may limit or prohibit a
parents contact with the child and the right to make decisions for the children.
25
Parenting Plan (PPP, PPT, PP) - Page 1 of 10
W P F P S 01.0400 M andatory (12/2009) - R C W 26.26.130,
.181; .187; .194
'
26.09.076,
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone* (253) 581-0660
1
2.1
2
Does not apply.
3
4
2.2
Reserved.
6
7
8
9
10
11
12
13
3.2
School Schedule
14
15
Upon enrollment in school, the child shall reside with the father except for the
following days and times when the child shall reside with the mother:
16
17
18
19
20
21
22
23
24
25
PHASE 1: This phase starts immediately and the child will reside with the
mother from 4:30 or 5:30 p.m. until 8:00 p.m. on Tuesdays and Thursdays and
from 10:00 a.m. to 6:00 p.m. every Sunday.
PHASE 2: This phase starts after the mother has completed her drug/alcohol
evaluation and continues so long as she in compliance and making progress in
any recommended treatment. In Phase 2 the child will reside with the mother
from 4:30 or 5:30 p.m. until 8:00 p.m. on Tuesdays and Thursdays and from 4:30
or 5:30 p.m. on Friday to 6:00 p.m. on Sunday every other weekend.
PHASE 3: This phase starts after the mother has completed her drug/alcohol
evaluation and continues so long as she in compliance and making progress in
any recommended treatment and after the mother has established safe, stable
and long term housing for the child. In Phase 3 the child will reside with the
mother and father equally in alternating week on/week off blocks with exchanges
on Sunday at 6:00 p.m.
Parenting Plan (PPP, PPT, PP) - Page 2 of 10
WPF PS 01.0400 M andatory (12/2009) - R C W 26.26.130,
26.09.016,
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone' (253) 581-0660
1
3.3
2
The child shall reside with the father during winter vacation, except for the following
days and times when the child will reside with or be with the other parent:
3
4
Winter Vacation shall be defined as commencing the day after school lets out for
the Winter Vacation Break and concluding on the day before school resumes.
In even numbered years, the mother shall have the child for the first
half of the Winter Vacation. Visitation shall begin the day after
school lets out at 9:00 a.m. until December 24th at 8:00 p.m. In odd
numbered years, the mother shall have the child from December
24th 8:00 p.m. through the day before school resumes at 6:00 p.m.
In odd numbered years the father shall have the child for the first
half of the Winter Vacation. Visitation shall begin the day after
school lets out at 9:00 a.m. and conclude on December 24th at
8:00 p.m. In even numbered years the father shall have the child
from December 24th at 8:00 p.m. through the day before school
resumes at 6:00 p.m.
8
9
10
11
12
13
3.4
14
The child shall reside with the father during spring break, except for the following
days and times when the child will reside with or be with the other parent:
15
16
17
18
3.5
Summer Schedule
Upon completion of the school year, the child shall reside with the father except
for the following days and times when the child shall reside with the mother.
19
20
Subject to the requirements of Paragraph 3.10, Same as school year
schedule.
21
22
23
24
25
3.6
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
each year. If there is a conflict in vacation dates the fathers choice will control
in odd years and the mothers choice will control in even years.
2
3
3.7
The residential schedule for the child for the holidays listed below is as follows:
6
7
il
i
9
10
11
12
13
With Mother
(Specify Year
Odd/Even/Everv)
See Par. 3.3
*
With Father
(Specify Year
Odd/Even/Everv)
See Par. 3.3
*
*
*
Odd
Even
Odd
Even
See Par. 3.3
See Par. 3.3
Even
Odd
*
Even
Odd
See Par. 3.3
See Par. 3.3
14
15
Holidays marked with an asterisk (*) shall be spent with the parent who is entitled to
the adjoining weekend.
16
Holidays shall be the night before at 6:00 p.m. until the day of the Holiday at 8:00 p.m.
17
18
3.8
19
20
The residential schedule for the child for the following special occasions (for
example, birthdays) is as follows:
21
22
23
24
Mothers Day
Fathers Day
Halloween
Childs Birthday
With Mother
(Specify Year
Odd/Even/Everv)
Every
Even
Odd
With Father
(Specify Year
Odd/Even/Everv)
Every
Odd
Even
25
Parenting Plan (PPP, PPT, PP) - Page 4 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
If the Special Occasion is on a non-school day, the Special Occasion shall be the
night before at 6:00 p.m. until the day of the Special Occasion at 8:00 p.m.
2
3
If the Special Occasion is on a school day, the Special Occasion shall be from after
school on the day of the Special Occasion until the8:00 p.m. on the day of the Special
Occasion.
4
5
3.9
Paragraphs 3.31 - 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:
2
holidays (3.7)
4
school breaks (3.4)
1
special occasions (3.8)
6
summer schedule (3.5)
3
winter vacation (3.3)
5
vacation with parents (3.6)
7
I
8
9
10
11
12
13
3.10
Restrictions
ALCOHOL USE
Neither parent is to consume any alcohol whatsoever during the pendency
of this temporary parenting plan. This prohibition may be reviewed after
completing of the drug/alcohol evaluation or treatment.
14
20
21
22
23
24
25
Both parents shall complete a drug and alcohol evaluation with parenting
assessment/component, which shall include collateral contacts with the
other party, and shall complete any follow-up treatment recommended by
the evaluation. The parents shall use the same treatment provider for their
evaluation. The parents are encouraged to use Crossroads or Doorway to
Recovery in Lakewood because of geographic considerations, but any state
certified agency that provides a drug/alcohol evaluation with a parenting
component is permissible. A sliding fee scale shall be given higher priority
than geographic considerations. The mother shall select the provider within
14 days of entry of this order; if she has not selected a provider within 14
days than the father shall select the provider and the mother will use the
provider selected by father.
Both parents shall sign an authorization for release of information to the
other parent for all assessments and records (including all UA results) for
the treatment ordered above. Both parents shall also arrange to have any
and all progress reports filed directly with the court and sent directly to the
other parent.
Parenting Plan (PPP, PPT, PP) - Page 5 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130,
.181; .187; .194
26.09.016,
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
REVIEW
2
Either parent may bring a review of this temporary parenting plan if the
other parent does not comply with the drug/alcohol evaluation
requirement, or if they drug/alcohol evaluation raises serious concerns, or
if the other parent is not in compliance or making progress in treatment.
3
4
Also, this case may be brought back for review by either parent if the
parents cannot agree upon what is considered safe, stable and long-term
housing as required for the mother to progress to Phase 3.
5
6
7
3.11
Transportation costs are included in the Child Support Worksheets and/or the
Order of Child Support and should not be included here.
8
9
10
11
12
14
3.13
16
Both parents shall provide adequate bedrooms for the child to sleep in a
comfortable home environment that is not crowded.
18
Both parents shall refrain from use of all illegal drugs or prescription medication
except as directed by a physician with a lawful prescription.
19
20
Neither parent shall transport, nor allow any other individual to transport, the child
in a vehicle except with by a driver with a valid drivers license, in an insured
vehicle and using all lawful child safety restraints.
21
23
Other
Both parents shall provide a safe, sanitary home for the child at all times.
17
22
Designation of Custodian
The child named in this parenting plan are schedule to reside the majority of the
time with the father. 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 parents rights
and responsibilities under this parenting plan.
13
15
Transportation Arrangements
3.14
24
This is a summary only. For the full text, please see RCW 26.09.430 through
26.09.480.
25
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
Parenting Plan (PPP, PPT, PP) - Page 6 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
the children.
2
3
4
5
6
7
8
9
10
If the move is outside the childrens school district, the relocating person must
give notice by 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.
11
12
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.
13
Failure to give the required notice may be grounds for sanctions, including
contempt.
14
15
16
17
18
19
20
21
22
23
24
25
Parenting Plan (PPP, PPT, PP) - Page 7 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
4.1
2
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 children.
3
4
5
4.2
10
11
Major Decisions
Major decisions regarding each child shall be made as follows:
Education decisions
father
Non-emergency health care
father
Religious upbringing
father
Day-to-Day Decisions
4.3
12
13
(a)
(b)
14
(c)
15
16
17
(d)
18
19
20
21
22
23
24
25
The cost of this process shall be allocated between the parties as follows:
50% petitioner; 50% respondent
Parenting Plan (PPP, PPT, PP) - Page 8 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
2
3
4
5
The dispute resolution process shall be commenced by notifying the other party
by written request via certified mail:
In the dispute resolution process:
(a)
(b)
6
7
(c)
8
!
9
(d)
10
(e)
11
VI. Other Provisions
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NatjjarfCensch, Petitioner
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 parents obligations
Parenting Plan (PPP, PPT, PP) - Page 9 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
under the plan are not affected.
2
3
Dated:
[ 0 ^ 1
( ( 4 _____________
9
I K '
Judge/Commissioner
4
5
Presented by:
FAUBIOhLEEEDER, FRALEY & COOK, P.S.
6
7
8
9
Sophia Rutschow/Respondent
10
11
V s-
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Parenting Plan {PPP, PPT, PP) - Page 10 of 10
WPF PS 01.0400 Mandatory (12/2009) - RCW 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
!
1
2'
3
4
5
6
7
8
SUPERIOR COURT OF WASHINGTON
COUNTY OF PIERCE
9l
10
11
12
13
14
15
No. 14-3-03127-0
Temporary Order
(TMO)
[ ] Clerks Action Required
[] Law Enforcement Notification, f
3.1
16
I. Money Judgment Summary
17
Does not apply.
18
II. Basis
19
20
A motion for a temporary order was presented to this court and the court finds
reasonable cause to issue the order.
21
22
23
24
25
III. Order
It is Ordered.
3.1
Restraining Order
The prior temporary restraining order restraining BOTH PARTIES dated
AUGUST 14, 2014, rennaing in fllli fnrpQ anri-affart
BY
THi S
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
1
3.2
Temporary Relief
2
3
4
5
6
tA r s s
f& f rtQ fc'
/?vo
7^15? V
is
f=Dtt</5'
F /9 T h >*
The parties shall comply with the Temporary Parenting Plan signed by the court.
BOTH PARTIES are restrained and enjoined from removing any of the children from
the state of Washington.
7
A-guardian ad litem shall bo appointed on-bohal f of tho minor rhild.
8
9
10
11
12
13
14
15
16
17
18
19
Presented by:
FAUBION, REEDER, FRALEY & COOK, P.S.
__________________, WSBA #
Attorney for Respondent
Nathanxensch, Petitioner
SopHia Rutscl^Wr-Re^peflaent
20
21
22
23
24
25
no a__
FAUBION, REEDER,
FRALEY & COOK, P.S.
Il
14-3-03127-0
43418286
LTR7
10-07-14
(253) 798-3654
SUPERIOR COURT
OF THE
STATE OF WASHINGTON
FOR PIERCE COUNTY
NATHAN E LENSCH
vs.
SOPHIA RUTSCHOW
Dear Counsel or PRO SE (Self-Represented):
Court records indicate that the attorneys arid/or parties listed below have failed to comply with the Case
Schedule or Order Assigning Case to Department in regard to the following item:
Sealed Acknowiedgment/Denial of Paternity - Not Filed
Deadline:
09/30/14
Pursuant to Pierce ;County Local Rules and also pursuant to the Case Scheduling Order or Order Assigning
Case to Department given to you at the time of filing this case, you are out of compliance. Please take the
actions necessary to immediately comply with the Case Schedule or Order Assigning Case to Department.
Please file and deliver a courtesy copy of the document to the Judge.
If the court finds that an attorney or party has failed to comply with the Case Schedule or Order Assigning
Case to Department and has no reasonable excuse, the court may order the attorney or party to pay
monetary sanctions to the court, or terms to any other party who has incurred expense as a result of the
failure to comply, or both; in addition, the court may impose such other sanctions as justice requires. See
MICHELLE PRICHARD
Department 07
Phone#: 253-798-7568
Judicial assistant to:
Judge Jerry Costello
\lxciviI.pbl\d_noncompIianceJetter_report
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHINGT
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
3
4
5
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
8
9
10
11
12
13
No. 14-3-03127-0
DECLARATION OF MAILING
14
15
16
17
18
19
20
21
I, Sally DuCharme, am over the age of 18, and competent to testify in the above
entitled case.
On October 8, 2014, I placed in the U.S. Mail a copy of the following documents
in the above-entitled caption:
1. Temporary Order entered on October 1,2014
2. Temporary Parenting Plan entered on October 1,2014,
Said documents were addressed to:
Sophia Rutschow
9117 70th St. SW
Lakewood, WA 98498I
22
23
I declare, under the penalty of perjury and the Laws of the State of Washington, that
the foregoing is true and correct.
24
DATED
October 8,2014
25
v
-Sally DuCharme, Legal Assistant
Declaration Of Mailing
S:\CASES1\Lensch\DRAFTS\Pleadings\Declaration of Mailing.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
14-3-03127-0
43566543
LTR7
11-03-14
SUPERIOR COURT
OF THE
STATE OF WASHINGTON
FOR PIERCE COUNTY
(253) 798-3654
H
y
fI
H
h
Re:
Deadline:
Deadline:
Deadline:
10/14/14
10/14/14
10/28/14
Pursuant to Pierce County Local Rules and also pursuant to the Case Scheduling Order or Order Assigning
Case to Department given to you at the time of filing this case, you are out of compliance. Please take the
actions necessary to immediately comply with the Case Schedule or Order Assigning Case to Department.
Please file and deliver a courtesy copy of the document to the Judge.
If the court finds that an attorney or party has failed to comply with the Case Schedule or Order Assigning
Case to Department and has no reasonable excuse, the court may order the attorney or party to pay
monetary sanctions to the court, or terms to any other party who has incurred expense as a result of the
failure to comply, or both; in addition, the court may impose such other sanctions as justice requires. See
PCLR 3(k).
Copies mailed to:
Sincerely,
MICHELLE PRICHARD
Department 07
Phone #: 253-798-7568
Judicial.assistant to:
Judge Jerry Costello
\lxcivil.pbM_noncompliance_letter_report
14-3-03127-0
43566545
LTR7
SUPERIOR COURT
OF THE
5TATE OF WASHINGTON
FOR PIERCE COUNTY
(253) 798-3654
NATHAN E LENSCH
vs.
SOPHIA RUTSCHOW
Dear Counsel or PRO SE (Self-Represented):'
Court records indicate that the attorneys and/or parties listed below have failed to comply with the Case
Schedule or Order Assigning Case to Department in regard to the following items:
Certificate of Parenting Class - Petitioner's - Not Filed
Certificate of Parenting Class - Respondent's - Not Filed
Settlement Conference not confirmed by deadline - (See PCLR 16 & PCLSPR
94.04)
Deadline:
Deadline:
Deadline:
10/14/14
10/14/14
10/28/14
Pursuant to Pierce County Local Rules and also pursuant to the Case Scheduling Order or Order Assigning
Case to Department given to you at the time of filing this case, you are out of compliance: Please take the
actions necessary to immediately comply with the Case Schedule or Order Assigning Case to Department.
Please file and deliver a courtesy copy of the document to the Judge.
If the court finds that an attorney or party has failed to comply with the Case Schedule or Order Assigning
Case to Department and has no reasonable excuse, the court may order the attorney or party to pay
monetary sanctions to the court, or terms to any other party who has incurred expense as a result of the
failure to comply, or both; in addition, the court may impose such other sanctions as justice requires. See
PCLR 3(k).
Copies mailed to:
MICHELLE PRICHARD
Department 07
Phone #: 253-798-7568
Judicial assistant to:
Judge Jerry Costello
Mxcivil.pbl\d_noncompliance_le tter_report
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 19 2014 10:03 AM
KEVIN STOCK
COUNTY CLERK
The case(s) listed above were previously assigned to Department 07 Judge JERRY COSTELLO. Judge BRYAN
CHUSHCOFF has assumed this case. Unless otherwise notified, your trial date and case schedule, if set, remain
unchanged.
If the case is resolved, call Department 04 at (253) 798-7574 or e-mail to: supcrtdept4@co.pierce.wa.us
If you are an attorney and have withdrawn from this case, contact the Clerk's office.
Ronald E. Culpepper
Presiding Judge
rast-0006.pdf
E-FILED
IN COUNTY CLERK'S OFF
PIERCE COUNTY, WASHINi
NO: 14-3-03127-0
3
4
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6
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In re the Parenting and Support of:
10
Child(ren),
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NATHAN E. LENSCH,
and
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Petitioner,
PETITIONERS
DISCLOSURE OF PRIMARY
WITNESSES
SOPHIA RUTSCHOW,
Respondent.
14
15
No. 14-3-03127-0
ABIGAL LENSCH,
COMES NOW the Petitioner, Nathan E. Lensch, by and through his attorney of
record, Daniel N. Cook, of Faubion, Reeder, Fraley & Cook, P.S. and submits the
following list of primary witnesses for the trial scheduled for April 21,2015.
The following witnesses may testify as to their personal observation of the
Petitioner, Respondent, and any other related pertinent matters.
WITNESSES EXPECTED TO BE CALLED AT TIME OF TRIAL
1. Nathan E. Lensch
c/o Daniel Cook
Faubion, Reeder, Fraley & Cook, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
WITNESS LIST - Page 1 of 2
S:\CASES1\Lensch\DRAFTS\Pleadings\Witness List.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
Witness is Petitioner in this matter and may testify as to all facts relevant to the
2
3
4
case.
2. Sophia Rutschow
9117 70th St. SW
Lakewood, WA 98498
(253) 590-7973
5
Witness is Respondent in this matter and will testify as to all facts relevant to the
6
case.
3. Jane Lensch
714-827-2003
8
9
Witness is the mother of the Petitioner in this matter and will testify as to the
parties parenting skills and characters.
10
EXPERT WITNESS EXPECTED TO BE CALLED AT TIME OF TRIAL
11
12
1. A drug and alcohol counselor who has evaluated and/or treated the Petitioner
and/or the Respondent.
13
The Petitioner reserves the right to call any witnesses disclosed by the other
14
party whether or not the other party elects to call that witness.
15
The Petitioner reserves the right to amend his disclosure of witnesses as
16
discovery in this action proceeds.
17
The Petitioner reserves the right to call witnesses necessary for rebuttal of
18
testimony offered by Respondent.
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20
21
Dated this ^ 7
day of
Submitted by:
2015.
FAUBION, REEDER, FRALEY & COOK, P.S.
22
23
FAUBION, REEDER,
FRALEY & COOK, P.S.
E-FILED
IN COUNTY CLERK'S OFF
PIERCE COUNTY, WASHIN
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-
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4
5
6
7
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
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9
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Petitioner,
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and
No. 14-3-03127-0
DECLARATION OF MAILING
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SOPHIA RUTSCHOW,
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______________________ Respondent.
I, ALYSIA ISHAQUE, am over the age of 18, and competent to testify in the
above entitled case.
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On January 29, 2015, I placed in the U.S. Mail a copy of the following
documents in the above-entitled caption:
1. Petitioners Disclosure of Primary Witnesses
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Sophia Rutschow
9117 70th St. SW
Lakewood, WA 98498
23
24
25
I declare, under the penalty of perjury and the Laws of the State of Washington,
that the foregoing is true and correct.
Declaration Of Mailing
S:\CASES1\Lensch\DRAFTS\Pleadings\2015.01.29 Declaration of Marling doc
REEDER,
FRALEY & COOK, P.S.
1
DATED
( jl'
u j_
Alysia Ishaque
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Declaration Of Mailing
S:\CASES1\Lensch\DRAFTS\Pleadings\2015.01.29 Declaration of Maiiing.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTO
ji
NO: 14-3-03127-0
3
4
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6
7
8
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10
11
12
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No. 14-3-03127-0
AMENDED PROPOSED
PARENTING PLAN
(PPP)
16
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Age
Age: 6
22
II. Basis for Restrictions
23
24
Under certain circumstances, as outlined below, the court may limit or prohibit a
parents contact with the child and the right to make decisions for the children.
25
Parenting Plan (PPP, PPT, PP) - Page 1 of 10
W PF PS 01.0400 M andatory (12/2009) - R C W 26.26.130, 26.09.016,
. 181;. 187;. 194
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
2.1
2
Does not apply.
3
4
2.2
8
9
10
11
12
13
3.1
14
20
3.2
School Schedule
Upon enrollment in school, the child shall reside with the father except for the
following days and times when the child shall reside with the mother:
PHASE 1: Professionally supervised visits only because of the mothers
failure to engage in treatment and recent drunken binges while caring for
the child and the mothers hostile and confrontational treatment of the child
and father. Supervised visits at mothers expense. Dates and times to be
arranged in conjunction with the fathers schedule.
21
22
23
24
25
PHASE 2: This phase starts after the mother has completed her
drug/alcohol with parenting component evaluation and continues so long as
she is in compliance and making progress in any recommended treatment.
In Phase 2 the child will reside with the mother from 4:30 or 5:30 p.m. until
8:00 p.m. on Tuesdays and Thursdays and from Sunday at 6:00 p.m. until
Tuesday at drop-off at school (and father picks up from daycare on
Tuesday) every other weekend.
Parenting Plan (PPP, PPT, PP) - Page 2 of 10
WPF PS 01.0400 Mandatory (12/2009) - R C W 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253)581-0660
1
2
PHASE 3: This phase starts after the mother has completed her
drug/alcohol with parenting component evaluation and continues so long as
she is in compliance and making progress in any recommended treatment
and after the mother has established safe, stable and long term housing for
the child. In Phase 3 the child will reside with the mother from 4:30 or 5:30
p.m. until 8:00 p.m. Thursdays and from Sunday at 6:00 p.m. until Tuesday
at drop-off at school (and father picks up from daycare on Tuesday) every
weekend.
3
4
5
6
7
3.3
9
Winter Vacation shall be defined as commencing the day after school lets out for
the Winter Vacation Break and concluding on the day before school resumes.
10
11
12
In even numbered years, the mother shall have the child for the first
half of the Winter Vacation. Visitation shall begin the day after
school lets out at 9:00 a.m. until December 24th at 8:00 p.m. In odd
numbered years, the mother shall have the child from December
24th 8:00 p.m. through the day before school resumes at 6:00 p.m.
In odd numbered years the father shall have the child for the first
half of the Winter Vacation. Visitation shall begin the day after
school lets out at 9:00 a.m. and conclude on December 24th at
8:00 p.m. In even numbered years the father shall have the child
from December 24th at 8:00 p.m. through the day before school
resumes at 6:00 p.m.
13
14
15
16
17
18
19
3.4
20
21
Subject to the requirements of Paragraph 3.10, Spring break with the
mother even years.
22
23
24
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3.5
Summer Schedule
Upon completion of the school year, the child shall reside with the father except
for the following days and times when the child shall reside with the mother.
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
2
4
5
6
7
Each parent shall notify the other parent in writing of his or her two weeks of
vacation no later than May 1 of each year. If there is a conflict in vacation dates
the fathers choice will control in odd years and the mothers choice will control in
even years.
8
9
10
3.7
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12
13
14
15
16
17
18
19
20
With Mother
(Specify Year
Odd/Even/Everv)
See Par. 3.3
*
With Father
(Specify Year
Odd/Even/Everv)
See Par. 3.3
*
*
*
*
*
Odd
Even
Even
Odd
Even
See Par. 3.3
See Par. 3.3
Every
Odd
See Par. 3.3
See Par. 3.3
Holidays marked with an asterisk (*) shall be spent with the parent who is entitled to
the adjoining weekend.
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22
Holidays shall be the night before at 6:00 p.m. until the day of the Holiday at 8:00 p.m.
23
3.8
24
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
1
2
3
Mothers Day
Fathers Day
Halloween
Childs Birthday
4
5
6
9
3.9
11
Rank the order of priority, with 1 being given the highest priority:
2
holidays (3.7)
4
school breaks (3.4)
1
special occasions (3.8)
6
summer schedule (3.5)
3
winter vacation (3.3)
5
vacation with parents (3.6)
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14
17
18
19
20
21
22
23
24
25
12
16
Every
Odd
Even
If the Special Occasion is on a school day, the Special Occasion shall be from after
school on the day of the Special Occasion until the8:00 p.m. on the day of the Special
Occasion.
15
Even
Odd
With Father
(Specify Year
Odd/Even/Everv)
If the Special Occasion is on a non-school day, the Special Occasion shall be the
night before at 6:00 p.m. until the day of the Special Occasion at 8:00 p.m.
10
With Mother
(Specify Year
Odd/Even/Everv)
Every
3.10
Restrictions
SUPERVISED VISITATION
The mothers visits will remain supervised until all of the following
conditions have been met for a period of two consecutive months:
1. Mother has completed her drug/alcohol evaluation with
parenting assessment;
2. Mother has had consistent supervised visitation;
3. Mother has demonstrated the ability to provide food, shelter and
a safe, nurturing home environment
4. Mother has demonstrated the ability to maintain safe and
reliable transportation for the child in the event of an
emergency.
DRUG AND ALCOHOL EVALUTION WITH PARENTING ASSESSMENT
The mother shall complete a Crossroads drug and alcohol evaluation with
parenting assessment, which shall include collateral contacts, and shall
complete any follow-up treatment recommended by Crossroads.
FAUBION, REEDER,
FRALEY & COOK, P.S.
3
4
6
7
9
10
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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.
13
14
15
16
17
18
3.12
19
The child named in this parenting plan are schedule to reside the majority of the
time with the father. 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 parents rights
and responsibilities under this parenting plan.
20
21
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23
24
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Designation of Custodian
3.13
Other
Both parents shall provide a safe, sanitary home for the child at all times.
Both parents shall provide adequate bedrooms for the child to sleep in a
comfortable home environment that is not crowded.
FAUBION, REEDER,
FRALEY & COOK, P.S.
Both parents shall refrain from use of all illegal drugs or prescription medication
except as directed by a physician with a lawful prescription at any time
regardless of presence or absence of child.
2
3
Both parents shall refrain from use of all alcohol during his or her residential time
caring for the child.
4
5
Neither parent shall transport, nor allow any other individual to transport, the child
in a vehicle except with by a driver with a valid drivers license, in an insured
vehicle and using all lawful child safety restraints.
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7
3.14
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10
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12
13
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16
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20
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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.
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23
24
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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.
Parenting Plan (PPP, PPT, PP) - Page 7 of 10
W PF PS 01.0400 M andatory (12/2009) - R C W 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
A person entitled to time with a child under a court order can file an objection to
the childs 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 children.
3
4
5
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.
6
7
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.
8
9
10
4.1
11
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 children.
12
13
14
4.2
15
17
19
20
Major Decisions
Major decisions regarding each child shall be made as follows:
Education decisions
father
Non-emergency health care
father
Religious upbringing
father
16
18
Day-to-Day Decisions
4.3
21
22
(a)
(b)
23
(c)
24
25
(d)
FAUBION, REEDER,
FRALEY & COOK, P.S.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
V.
(c)
16
17
(d)
18
(e)
19
Dispute Resolution
20
The mother has a history of unstable and inconsistent home environment and
alcohol impairment which makes caring for the child difficult. The father has a
history of trying to accommodate and foster the childs relationship with her mother
notwithstanding her shortcomings as a parent. To the extent the father is
convinced the child would be safe and not at risk by spending more time with
mother than strictly authorized by this plan he is permitted to allow her to spend
more time with mother in his sole discretion. Allowing the child to spend more time
with the mother is not an integration or waiver of the requirements of this plan.
Parenting Plan (PPP, PPT, PP) - Page 9 of 10
WPF PS 01.0400 Mandatory (12/2009) - R C W 26.26.130, 26.09.016,
.181; .187; .194
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253)581-0660
1
2
3
4
5
6
Allowing the children to spend more time with the mother does not create a basis
for modification of this plan. This provision is designed to allow the father to be
flexible because of the mothers history of sometimes being in a place where the
children are safe with her and other times having serious and warranted concerns,
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.
,P -/ z 3 / / ,-;/ <
7
8
9
10
11
12
13
14
15
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 parents obligations
under the plan are not affected.
16
Dated;___________________________
________________________________
Judge/Commissioner
Presented by:
FAUBION, REEDER, FRALEY & COOK, P.S.
17
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20
21
22
23
24
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
E-FILED
IN COUNTY CLERK'S OFFI<
PIERCE COUNTY, WASHING
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03127-0
3
4
5
6
7
SUPERIOR COURT OF WASHINGTON
COUNTY OF PIERCE
9
In re the Parenting and Support of:
10
No. 14-3-03127-0
ABIGAL LENSCH,
Child(ren),
11
NATHAN E. LENSCH,
Petitioner,
12
PETITIONERS AMENDED
DISCLOSURE OF PRIMARY
WITNESSES
and
13
SOPHIA RUTSCHOW,
Respondent.
14
15
COMES NOW the Petitioner, Nathan E. Lensch, by and through his attorney of
16
record, Daniel N. Cook, of Faubion, Reeder, Fraley & Cook, P.S. and submits the
17
following list of primary witnesses for the trial scheduled for April 21, 2015.
18
19
20
21
22
23
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
253-581-0660
1
Witness is Petitioner in this matter and may testify as to all facts relevant to the
2
3
4
case.
2. Sophia Rutschow
9117 70th St. SW
Lakewood, WA 98498
(253) 590-7973
5
Witness is Respondent in this matter and will testify as to all facts relevant to the
6
7
case.
3. Jane Lensch
714-827-2003
9
10
11
Witness is the mother of the Petitioner in this matter and will testify as to the
parties parenting skills and characters.
4. Lucinda Park
Witness is the mother of the Respondent in this matter and will testify as to the
parties parenting skills and characters.
12
5. Anne Glasscok
13
14
15
16
Witness is a friend of the Respondent in this matter and will testify as to the
parties parenting skills and characters.
6. Annie Rice
Witness is a friend of the Respondent in this matter and will testify as to the
parties parenting skills and characters.
17
18
19
20
The Petitioner reserves the right to call any witnesses disclosed by the other
21
party whether or not the other party elects to call that witness.
22
FAUBION, REEDER,
FRALEY & COOK, P.S.
The Petitioner reserves the right to call witnesses necessary for rebuttal of
2
Submitted by:
6
7
8
, r-
CERTIFICATE OF SERVICE
9
I, SALLY DUCHARME, declare as follows:
10
11
12
13
14
15
Sophia Rutschow
9117 70th St. SW
Lakewood, WA 98498
16
CT Via
Via
Via
Via
Via
US Mail
Hand Delivery / Legal Messenger
Electronic Mail / E-Service
Facsimile
Federal Express
17
18
19
I declare under penalty of perjury under the laws of the State of Washington
that the forgoing is true and correct.
SIGNED AND DATED at Lakewood, Washington on March 3, 2015.
20
i / V t k / -------------------------------------
SALZy DUCHARME
21
22
23
WITNESS LIST - Page 3 of 3
S:\CASES1\Lensch\DRAFTS\Pleadings\Witness List (Amended).doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
253-581-0660