Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o prejudice* #105

[Lyanna]

Minute Entries
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02/23/2023
03/07/2023
03/07/2023
Input Date:	Unavailable
Type:	Appearance Filed
Appearance filed. dc For Party: Morphew, Barry L File Stamp: 03/07/2023
Input Date:	Unavailable
Type:	Motion Filed
Petition to Reopen Guardianship for the Limited Purpose of Acceptance of Settlement Agreement and Mutual Release. order sub. dc Filed By: Morphew, Barry L File Stamp: 03/07/2023
Input Date:	Unavailable
Type:	Guardian Status Report Filed
Filed By: Morphew, Barry L File Stamp: 02/23/2023

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Now isn't this typical of BM, the smartest guy in the room!

As cited above, BM previously petitioned the court to terminate SM's guardianship for reasons cited in his petition (no public view), and an Order to terminate was granted by the Court on 2/14/23.

But two weeks later, and this time with two different attorneys representing each BM, petitioner, and BM, guardian, notices of appearance were filed on 3/7/23 together with his motion requesting the Court reopen the GUA for the Limited Purpose of Acceptance of Settlement Agreement and Mutual Release.

The Court has not ruled on the Motion as of this post.

A settlement agreement, also called a release, is a binding contract that settles a lawsuit or potential lawsuit between two or more parties and stipulates that no lawsuit can be filed in the future. The courts encourage parties to resolve their dispute through a settlement agreement rather than through the courts.

IMO, either BM initiated a potential lawsuit against a party or a party initiated a claim against BM and SM.

I'd say it was the latter, and most likely why BM quickly took steps for what appears to have been the premature termination of the GUA-- without the advice of counsel, and now BM finds himself begging the Court for relief to enable the acceptance of the settlement agreement. JMO

Jmo, but, what a prat of a human he is.

MOO

 

[legalmomma]

@Seattle1 wouldn't the settlement have to do with the real estate matter (selling the house in Indiana) in which the guardianship was obtained?

 

[Love Never Fails]

I am so sick of BM. Could the DA please get the case together and refile charges? Don’t let this guy walk free!

 

[Seattle1]

@Seattle1 wouldn't the settlement have to do with the real estate matter (selling the house in Indiana) in which the guardianship was obtained?

No, a Settlement Agreement by definition is a binding contract that settles a lawsuit or potential lawsuit between two or more parties and stipulates that no lawsuit can be filed in the future.

Not to be confused with the Settlement Statement from the real estate closing.

BM had long been appointed Guardian when he sold the Puma Path residence and this transaction would have been accounted for by BM in the Biennial Report to the court-- long before 3/7/23.

 

[Gardenista]

Petition to Reopen Guardianship for the Limited Purpose of Acceptance of Settlement Agreement and Mutual Release

Adobe Acrobat

acrobat.adobe.com

 

[Megnut]

Petition to Reopen Guardianship for the Limited Purpose of Acceptance of Settlement Agreement and Mutual Release

Adobe Acrobat

acrobat.adobe.com

What?????

Only two words stood out -- child support.

Someone, please translate.

EBM Note to self: read carefully. Box is checked NO for child support.

My bad.

 

[Ontario Mom]

What?????

Only two words stood out -- child support.

Someone, please translate!!!!

I skimmed, big time, but I think this was to settle the matter of selling his landscaping business.

 

[CGray123]

What?????

Only two words stood out -- child support.

Someone, please translate.

EBM Note to self: read carefully. Box is checked NO for child support.

My bad.

BM and SM sold two Indiana businesses in 2018, but the purchasers defaulted on payments. The guardianship was reopened so BM could execute a settlement of his and SM's claims against the purchasers for the amount of $75,000. The settlement document provides no details about the initial purchase terms, the amount paid before default, or the date of the default.

 

[FromGermany1]

BM and SM sold two Indiana businesses in 2018, but the purchasers defaulted on payments. The guardianship was reopened so BM could execute a settlement of his and SM's claims against the purchasers for the amount of $75,000. The settlement document provides no details about the initial purchase terms, the amount paid before default, or the date of the default.

I rather remember, BM selling 1 (one) business 2 (two) times to 2 different buyers.

 

[CGray123]

I rather remember, BM selling 1 (one) business 2 (two) times to 2 different buyers.

That may have been. This settlement agreement involved two LLCs (one landscaping, one tree farm) sold to several individual partners in one sale agreement.

 

[legalmomma]

cool that Chasing Paper found these as I asked him about these yesterday!

https://twitter.com/x/status/1633864701577928704

 

[Seattle1]

Petition to Reopen Guardianship for the Limited Purpose of Acceptance of Settlement Agreement and Mutual Release

Adobe Acrobat

acrobat.adobe.com

Great find @Gardenista!

From the 127 pgs, I offer the following three pieces of information not previously known here:

1) In BM's initial petition for guardianship of SM, under penalty of perjury, BM provided he's a college graduate and holds a BS degree. (Many previously questioned whether or not BM had ever graduated from Purdue).

2) By letter dated 12/30/2020, BM's attorney MJH advised him she was withdrawing as his counsel for cause:

In the letter, MJH recounted to BM that during the Sept 2020 court hearing when he received permanent guardianship of SM, both the court and MJH advised him that any sale of a vacant parcel located in Indiana (and previously inventoried to the court) would have to be by court order.

BM failed to advise MJH that on July 24, 2020, using SM's GUA, he quitclaimed the vacant property to himself. MJH became aware of this for the first time on 12/30/2020 when she learned he had a buyer for the vacant parcel. Based on this information, MJH advised BM she could no longer represent him, and the letter served as 10-day notice she was withdrawing as his attorney.

2) The subject Settlement Agreement and Mutual Release that required BM to request the court reopen SM's GUA was signed on 3/2/23.

The Agreement references the Business Purchase Agreement (BPA) dated 1/12/2018 between the Morphews and buyers Sundling and the "Craigs," which was in default and/or dispute.

The terms of the Settlement and Mutual Release included payment to Morphew of $75K, return of specific assets including the business telephone number, and the Craigs relinquishing all rights to use the names BLM Landscaping, LLC and Sunset Farms, LLC. The Parties also agreed not to publicly criticize, disparage, or otherwise demean the parties.

IMO, all other information from the 127 pg GUA file was previously known here.

 

[Lyanna]

Pg 50 is interesting to me, is that what usually happens in the States when a married couple sell a property? It was dated 2019.

 

[Seattle1]

Pg 50 is interesting to me, is that what usually happens in the States when a married couple sell a property? It was dated 2019.

The biggest takeaway here was that SM did not ever give BM Durable POA, but instead was careful to use only limited and/or Special POA during a real estate transaction.

 

[Seattle1]

Fremont County criminal cases dismissed or in jeopardy because of district attorney violations

FREMONT COUNTY, Colo. (KRDO) -- 13 Investigates obtained court documents that reveal multiple criminal cases are in jeopardy because of discovery

krdo.com

 

[Cindizzi]

Fremont County criminal cases dismissed or in jeopardy because of district attorney violations

FREMONT COUNTY, Colo. (KRDO) -- 13 Investigates obtained court documents that reveal multiple criminal cases are in jeopardy because of discovery

krdo.com

I was just coming here to post this!

 

[Love Never Fails]

Fremont County criminal cases dismissed or in jeopardy because of district attorney violations

FREMONT COUNTY, Colo. (KRDO) -- 13 Investigates obtained court documents that reveal multiple criminal cases are in jeopardy because of discovery

krdo.com

Makes me sick. Did Barry kill Suzanne at the right place and right time? Oh God please don’t let this man get away with this!

 

[FromGermany1]

Pg 50 is interesting to me, is that what usually happens in the States when a married couple sell a property? It was dated 2019.

I didn't read it ^^, because I can't find it now. But I wonder, that Suzanne was able to be a joint owner to whatever real estate, with this husband.

 

[FromGermany1]

Meanwhile years ago, I found so many Sunset Farm LLC, in different states. I vague remember a pompous wedding location for example. At the time, I was asking myself, if all these companies were connected to BM ....

 

[mrjitty]

Fremont County criminal cases dismissed or in jeopardy because of district attorney violations

FREMONT COUNTY, Colo. (KRDO) -- 13 Investigates obtained court documents that reveal multiple criminal cases are in jeopardy because of discovery

krdo.com

As you know I lean towards the idea there is some bureaucratic incompetence / failing at the root of this. I would not be surprised if they lack resource as well.