Preview
27-FA-234906 Filed in Disrrict Court
State Minnesota
12/7/2023 3:27 PM
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
323 05?, zq A n: :5 FAMILY COURT DIVISION
CASE TYPE: DISSOLUTION WITHOUT
CHILDREN
In Re the Marriage of: Court File No. 27FA-23-4906
Alan Jay Vorse,
Petitioner, Stipulated Findings Of Fact,
and Conclusions Of Law, Order For Judgment
And Judgment And Decree
Shannon Andrea Lee-Vorse,
Respondent.
This matter came before the Court for approval without hearing pursuant to Minn. Stat. §
518.13. The parties reached agreement on all matters. The parties entered into this Stipulated
Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree as their
Marital Termination Agreement.
Based upon all of the evidence presented, the exhibits and review of the entire Court file,
this Court, being fully advised makes the following:
FINDINGS OF FACT
1. The parties' names, addresses, birth dates, and ages are as follows:
Petitioner:
Name: Alan Jay Vorse
Also known as: None
Previous Name(s): None
Address: 5137 Black Oaks Court N
Plymouth, Minnesota 55446
Birth date and age: August 22, 1974, 49 years old
Respondent:
Name: Shannon Andrea Lee-Vorse
Also known as: None
Previous Name(s): Shannon Andrea Lee
Address: 4434 Nicollet Avenue South
Minneapolis, Minnesota 55419
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Birth date and age: August 1, 1981, 42 years 01d
The Petitioner is also referred to as "Husband" and the Respondent is also referred to as
"Wife" in this decree.
The Social Security numbers of the parties have been filed as confidential information.
2. Petitioner is represented in these proceedings by:
Cassandra Suchomel, Esq.
GALOWITZ OLSON, PLLC
10390 39'" Street North
Lake Elmo, Minnesota 55042
U)
Respondent is represented in these proceedings by:
Randall Smith, Esq.
LAKE HARRIET LAW OFFICE, LLC
4316 Upton Avenue S, Suites 201-205
Minneapolis, Minnesota 55410
4. Petitioner has resided in Minnesota 180 days prior to commencement of this
proceeding, and was a resident of Hennepin County at the time of commencement of this
proceeding.
5. The parties were married on September 29, 2007 in Minneapolis, Minnesota and
ever since have been and still are married.
6. There has been an irretrievable breakdown of the marriage relationship between
the parties within the meaning of Minn. Stat. §518.06.
7. No separate proceeding for dissolution or legal separation is pending in any court
in this state or elsewhere.
8. Neither party is nor has been a member of the armed forces of the United States
and has not been since the pendency of this proceeding. Accordingly, the Servicemembers Civil
Relief Act of 2003 does not apply.
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9. There are no children born or adopted of this marriage.
10. The Wife is not now pregnant.
11. The parties have fully disclosed all of their income from employment and other
sources as follows:
a. Petitioner's Income. Petitioner is employed as an Office Automation
Assistant by U.S. Army Corps of Engineers and has average gross annual income of
$35,282.00. Petitioner's monthly living expenses are commensurate with his income.
b. Petitioner is in good health, is self-supporting, is not in need of spousal
maintenance, and waives the right to receive temporary or permanent spousal
maintenance from Respondent.
c. Respondent's Income. Respondent is employed as a Retail Assistant by
Airport Retail Group, LLC and has average gross annual income of $34,268.94.
Respondent's monthly living expenses are commensurate with her income.
d. Respondent is in good health, is self-supporting, is not in need of spousal
maintenance, and waives her right to receive temporary or permanent spousal
maintenance from Petitioner.
12. Each party has fully disclosed to the other party all of his or her assets, including
any and all assets he or she has in the name of a third person but is under his or her control, and of
these assets, their current fair market values and any liens or security interests disclosed by either
party, are as follows:
a. Homestead. The Petitioner is the owner as joint tenants with his mother,
Diane M. Vorse, of the parties' homestead located at 9830 10'" Avenue South,
Bloomington, Hennepin County, State of Minnesota, legally described as follows:
27FA23-4906 Filed in District Coun
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Lot 6, Block 2, Mound Springs Third Addition, Hennepin County,
Minnesota
Petitioner purchased this home with his mother, Diane M. Vorse, and has a nonmarital
interest in this property. This property has a fair market value of approximately
$238,858.00 with a current encumbrance in the approximate amount of $116,629. The
parties dispute Respondent's marital interest in this property but have agreed to a sum for
the purposes of settlement;
b. Pensions, IRAs, or other retirement benefits. The parties have an
interest in the following retirement accounts or plans:
i. Petitioner's Thrift Savings Plan with an approximate balance of
$10,310.00 as of August 14, 2023, $9,279.21 of which is vested.
ii. Petitioner's American Funds 401(k) with an approximate balance
of $31,896.38 as of June 30, 2023. Petitioner has a nonmarital interest in this
account.
iii. Respondent's 401(k) with Empower with a balance of $196.70,
which was cashed out on June 12, 2023.
c. Vehicles. The parties are the owners of the following vehicles:
i. 2022 Nissan Rogue. This vehicle was gifted to Petitioner and is his
nonmarital property.
d. Checking, Savings, and Investment Accounts. The parties own separate
checking and savings accounts.
e. Personal Property. The parties are owners of miscellaneous personal
property, household goods and furnishings, fiJrniture, appliances, musical equipment,
27-FA-234906
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jewelry and collectibles, including a 36"x46" framed Minnesota Twins Target Field
picture signed by all coaches and players, as well as variousjewelry.
f. Nonmarital Property. Petitioner received an inheritance from his
grandparents during the marriage. Additionally, he has a nonmarital interest in the
marital home, his vehicle, and his musical equipment.
l3. The parties have the following marital debts:
Creditor Balance
Bank of America Visa #6161 (Petitioner) (as of August
24, 2023) $5,542.81
Capital One #2780 (Respondent) (as of June 22, 2023) $25.98
Total 5,568.79
14. Nonjoint Children. There are no nonjoint children of either party.
15. Health and Dental Insurance for Parties. The parties each have available
health and dental insurance through their respective employers.
l6. Public Assistance. Neither party receives any form of public assistance as
defined by Minn. Stat. § 256.741.
17. Name Change. Respondent is seeking a name change to Shannon Andrea Lee.
Respondent has not been convicted of a felony; Respondent has not been a party to a bankruptcy
proceeding; Respondent has no judgments against her; Respondent is not involved in any
lawsuits, as either Plaintiff or Defendant; Respondent is not attempting to avoid or defraud
creditors; and Respondent is not attempting to evade any civil or criminal prosecution.
18. Joint Marital Agreement and Decree. The parties agree that the foregoing
Findings of Fact and Conclusions of Law incorporate the complete and full Marital Termination
Agreement of the parties. Both parties have read the foregoing Marital Termination Agreement
and Stipulated Judgment and Decree and have signed it with fiJll knowledge of its contents, each
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acknowledges receipt of a copy of this Marital Termination Agreemellt and Stipulated Judgment
and Decree, and each agrees that this agreement is fair, just, and equitable under the
circumstances.
CONCLUSIONS 0F LAW
1. Dissolution of Marriage. The marriage existing between the parties is dissolved.
2. Spend-Maintenance. Neither party is presently awarded any past, present, or
fiJture spousal maintenance. The court is divested of jurisdiction to award maintenance in the
fiJture unless both parties subsequently agree in writing to reinstate the Court's jurisdiction over
this issue. Consideration for this agreement is in the parties' mutual waiver of past, present, and
fiJture maintenance.
3. Medical, Hospitalization, and Dental Insurance. Neither party is obligated to
furnish medical, hospital, or dental insurance for the other. Each party has medical insurance
available through their employer.
4. Homestead. The homestead located at 9830 10'" Avenue South, Bloomington,
Hennepin County, State of Minnesota, legally described as follows:
Lot 6, Block 2, Mound Springs Third Addition, Hennepin County, Minnesota
shall be sold. The parties agree to sell the home to Mr. Chad Anderson of Orange House Realty.
Respondent shall immediately sign all required documents to effectuate the sale of the
homestead. Respondent shall vacate the home no later than November 1, 2023. As of October
31, 2023, Petitioner shall be responsible for all costs associated with the homestead. As for her
interest in the home, Petitioner shall pay Respondent $27,500.00 within 60 days of Entry of the
Judgment and Decree, or upon closing of the home, whichever occurs first. In addition to the
$27,500.00 payment amount, Respondent was also paid $7,500.00 pursuant to the Binding
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Mediation Agreement dated August 25, 2023. The closing for the home occurred on November
15, 2023 with funds being disbursed the same day.
5. Property Settlement to Petitioner. In addition to any other property awarded to
the Petitioner in this Judgment and Decree, Petitioner is also awarded as his full and final interest
in the property of the parties, free and clear of any interest on the part of Respondent, and as a
full and final property settlement, the exclusive title to and ownership of the following described
property:
a. Pensions, IRAs, or Other Retirement Benefits. The following
retirement interests:
i. Petitioner's Thrift Savings Plan;
ii. Petitioner's American Funds 401(k).
b. Vehicles. The 2022 Nissan Rogue automobile in Petitioner's possession,
subject to any encumbrances, which Petitioner shall be responsible for and pay;
c. Checking and Savings Accounts. Petitioner's separate checking and
savings accounts;
d. Personal Property. A11 right, title, and interest in and to all of his
separate bank accounts, insurance policies, and any and all other personal property,
furniture, or furnishings owned by and/or in his possession or under his control,
regardless 0f whether such property is specifically referred to above. The parties agree
that Respondent shall be awarded the personal property in the attached list, attached
hereto as Exhibit A;
e. Equalizer Payment. As an equalizer to the retirement interests, Petitioner
shall pay Respondent $18,000.00 within 60 days of Entry of the Judgment and Decree.
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6. Property Settlement to Respondent. In addition t0 any other property awarded
to the Respondent in this decree, Respondent is awarded as her full and final interest in the
property of the parties, free and clear of any interest on the part of Petitioner, and as a full and
final property settlement, the exclusive title to and ownership of the following described
property:
a. Checking and Savings Accounts. Respondent's separate checking and savings
accounts;
b. Personal Property. All right, title, and interest in and to all of her separate bank
accounts, insurance policies, and any and all other personal property, furniture, or
furnishings owned by and/or in her possession or under her control, regardless of
whether such property is specifically referred to above. The parties agree that
Respondent shall be awarded the personal property in the attached list, attached
hereto as Exhibit A;
c. Equalizer Payment. As an equalizer to the retirement interests, Petitioner shall pay
Respondent $18,000.00 within 60 days of Entry of the Judgment and Decree.
7. Debts. Any bill, obligation, or debt incurred by either party after the date of separation
is exclusively the obligation of the party incurring it, and the other party shall be held
harmless on it. In the event that there is a debt obligation that has not been disclosed by
either party, that obligation shall become the sole responsibility of the party who
incurred it. Neither party shall contract any debt, charge, or liability in the future for
which the other party may become liable.
a. Petitioner shall be responsible for the following marital debts and shall
hold Respondent harmless on them:
27-FA~23-4905
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Creditor Balance
Bank of America Visa $5,542.81
Total $5,542.81
b. Respondent shall be responsible for the following marital debts and shall hold
Petitioner harmless on them:
Creditor Balance
Capital One $25.98
Total $25.98
8. Tax Returns. The parties shall file their 2023 income tax returns separately. If
after the date of this Judgment and Decree, either party is called upon to make any income tax
adjustments to any federal and state income tax returns that were filed jointly by the parties, the
other party as joint filer shall cooperate in executing whatever documents may be required or are
appropriate to such adjustments. Each party shall be liable for one-half of any resulting tax,
interest, or penalty, unless the liability is the result of failure to report income, in which case the
party failing to report the income shall bear the entire responsibility for taxes, interest, and
penalties. Respondent shall be entitled to the 2023 Tax Rebate in the amount of $520.00 that was
received in September 2023.
9. Attorney Fees. Each party is responsible for their own individual attorney and
expert fees and costs incurred in this proceeding.
10. Name Change. Respondent's legal name is changed to Shannon Andrea Lee. A
separate name change order may be submitted to the Court if desired.
11. Service of a Copy of Judgment and Decree. Service of a copy of this Judgment
and Decree may be made upon the attorney for the other party by e-file and/or United States mail
in lieu of personal service upon a party.
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12. Discharge of Counsel. Sixtyone (61) days after filing of this Judgment and
Decree, all attorneys of record will be automatically discharged without further notice.
13. Documents of Conveyance. Each of the parties shall, upon demand, now or in
the future, execute, acknowledge, and/or deliver any and all documents necessary to carry out the
terms and conditions of this agreement and Judgment and Decree. If a party is unable,
unavailable, or refuses to do so, a certified copy of this Judgment and Decree of dissolution may
be recorded and/or utilized with the same force and effect as if a deed, conveyance, transfer,
assignment, or other document had been personally executed, acknowledged, and delivered to
that party. If a party refuses to cooperate, the other party shall be entitled to collect all reasonable
attorney fees and other costs in connection with enforcement of this agreement and Judgment
and Decree due to the failure of a party.
14. Release. Except as otherwise provided, each party is released from all claims and
rights of the other party as follows:
a. To share, as a result of the marital relationship, in the other party's estate
upon the latter's death, including any rights accruing to either party under any ERISA
plan;
b. To act as personal administrator in the estate of the other; to any right of
dower, election, exemption, or maintenance from, to, or against the estate of the other; or
c. To any other property right, benefit, or privilege in or from the property of
the other. Further, except as otherwise provided, each party is released and discharged
from any and all claims or demands of every nature of the other party to the date of entry
of this Judgment and Decree.
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15. Non-merger Clause. Any and all arrearages existing at the time of the entry of
this Judgment and Decree by way of a previous support obligation shall not merge and the
arrearages shall continue to survive this document.
16. Acknowledgment of Agreement. Both parties have read this agreement and
have signed it with full knowledge of its contents, each acknowledges receipt of a copy of this
agreement, and each agrees that this agreement is fair, just, and equitable under the
circumstances.
17. Enforcement Expenses. If either Petitioner or Respondent defaults in the
performance of any of the terms, provisions, or obligation herein set forth, and it becomes
necessary to institute legal proceedings to effectuate the performance of any provisions of this
agreement, then the party found to be in default shall pay all expenses, including reasonable
attomey's fees incurred in connection with such enforcement proceedings.
18. Entry of Judgment and Decree. Entry of Judgment shall not be stayed pursuant
to Rule 125 of the General Rules of Practice for the District Courts, but shall be entered
immediately by the court administrator.
ORDER FOR JUDGMENT
NOTWITHSTANDING GEN. R. PRAC. 125,
LET JUDGMENT BE ENTERED IMMEDIATELY
Knight, Holly
Dated:
December 7, 2023 W%W 2023.12.07
14:31:09 -06'OO'
Referee District Court, Holly B. Knight
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W
BY THE COURT:
Dated: December 7, 2023
Judge of District Court , Theresa Couri
I hereby certify that the above Conclusions of Law constitute the Judgment and Decree of
the Court.
It is hereby adjudged that judgment is entered as
stated above.
ATTEST: Administrator
FamilyCourt
the above order
constitutes the Judgment of the Court
Dated:
Deputy
By
Court Administrator
\
Datei 2/ 1 1/2023 1 1:49am
by the court without notice to the parties.
'
STATE OF MINNESOTA..G0UNTY OF HENNEPtM
I hereby certify this page document to be -
on file
a true and correct copy of thesoriginal
'
and or record in my office.
Dlstrict Cou Administrator
731/zzgeputy
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27-FA234906
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State of Minnesota
12/7/2023 3:27 PM
The parties agree that the foregoing Findings 0f Fact and Conclusions of Laxv incorporate the
compiete and hill Marital Terminatien Agreement.
I declare under penalty' of perjuq' that everything I have stated in this document is true
and correct.
Minn. Stat. §358.116.
Dated: December 5, 2023 Dated: DecemberB 2023
,
AEAQQ'M'" SW» LuVam
Aian Jay Vmse Shamion Andrea Lee-V'orse
Petitioner Respondent
Hennepin Hennepm
Signed in the County of Signed in the County of
State of Minnesota State of Minnesota
APPROVED AS TO FORE":
The signatm'e of the attorney is for the sole and exciusixz'e purpose Qt' submitting this
agreement to the court and verifiting that the attorneys have read the agreement mid that the fonn
of the agreement conforms to all statutory and other requirements. The sigriattire of the attorney
ix cxprexxiy not intended it» mm'e} his or her impiicit m expiicit t.eiiticzitit>1i {\i'tite identity m
vaiiie of 333' or all of the assets or debts as set form in the agreement. The signature of the
attorneys is expressly' not intended to convey' his or her implicit or expiicit verification that all
the assets arid debts, other than those identified to the attorneys duriiig the proceediilg. have heel}
fully set forth.
GALOWITZ OLSON, PLLC LAKE HARRIET LA'V OFFICE, LLC
W SMMZ
Cassandra Suehomel (#0397079)
10390 39til Street North
WW 67.0%
Ranhali Smith (#0270829)
4316 Upton Avenue S, Suites 201-205
Lake iiinim Mixinesma 55042 Rhinieapoiis. Minnesota 55410
(651) 7776960 (612) 7504843
December 6
Dated: December 6
to
Q
Dated:
m
u:
., 2023.
ATTORNEX' FOR PETITIONER ATTORNEY FOR RESPONDENT
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