Income Withholding Order - Raschelle E. Ortner vs Eric J. Ortner

8/13/2019 Income Withholding Order - Raschelle E. Ortner vs Eric J. Ortner

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In the Iowa District Court in and for SAC County

Case No: 02811 CDDM001862 Title: RASCHELLE E. ORTNER VS ERIC J.

ORTNER

NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining

to the Use of the Electronic Document Management System.What is required of you?You must register to use the Electronic Document Management System (EDMS).

If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at

https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand

and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to

the use of the Electronic Document Management System,available on the Iowa Judicial Branch eFiling website.Your registration constitutes your request for, and consent to, electronic service of court-generated documents

and documents filed electronically by other parties. When you have completed your registration, you can begin

filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of

exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption

from registering and filing electronically.You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System

specifies personal information that is now considered protected by the court, as well as what you must do to

keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have

questions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2013 MAR 19 9:43 AM SAC - CLERK OF DISTRICT COURT


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We look forward to your comments and suggestions

as we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files

to electric documentsAdministrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an

electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document

Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending

files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:

1. Each Clerk of Court may take action to convert paper case files that are pending and will likely

appear on a future court schedule as soon as implementation of EDMS begins in their respective

counties.

2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in

each case type. Upon implementation of electronic filing in the County, the security level of

these electronic records shall be as identified by the EDMS Business Advisory Committee.

3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties

appearing pro se.

4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to

protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case.

5. After being notified of commencement of the electronic filing in that County, attorneys, parties

appearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010

/s/ Kurt L. Wilke

Kurt L. Wilke, Chief Judge of the Second

Judicial District of Iowa



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Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J.

ORTNER

Event Cd : NOOT

ERIC JOHN ORTNER filed



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In the Iowa District Court in and for SAC County

Case No: 02811 CDDM001862 Title: RASCHELLE E. ORTNER VS ERIC J.

ORTNER

NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining

to the Use of the Electronic Document Management System.What is required of you?You must register to use the Electronic Document Management System (EDMS).

If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at

https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand

and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to

the use of the Electronic Document Management System,available on the Iowa Judicial Branch eFiling website.Your registration constitutes your request for, and consent to, electronic service of court-generated documents

and documents filed electronically by other parties. When you have completed your registration, you can begin

filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of

exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption

from registering and filing electronically.You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System

specifies personal information that is now considered protected by the court, as well as what you must do to

keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have

questions about court procedures related to electronic filing, contact your county clerk of court office.



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We look forward to your comments and suggestions

as we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files

to electric documentsAdministrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an

electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document

Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending

files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:

1. Each Clerk of Court may take action to convert paper case files that are pending and will likely

appear on a future court schedule as soon as implementation of EDMS begins in their respective

counties.

2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in

each case type. Upon implementation of electronic filing in the County, the security level of

these electronic records shall be as identified by the EDMS Business Advisory Committee.

3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties

appearing pro se.

4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to

protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case.

5. After being notified of commencement of the electronic filing in that County, attorneys, parties

appearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010

/s/ Kurt L. Wilke

Kurt L. Wilke, Chief Judge of the Second

Judicial District of Iowa



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Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J.

ORTNER

Event Cd : NOOT

ERIC JOHN ORTNER filed



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E-FILED 2013 MAR 19 12:11 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 MAR 24 3:23 PM SAC - CLERK OF DISTRICT COURT


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2RDM24

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN RE: THE MARRIAGE OF

RASCHELLE ORTNER AND ERIC JOHN ORTNER

UPON THE PETITION OFRASCHELLE ORTNER ,

PETITIONER,

AND CONCERNING

ERIC JOHN ORTNER ,

RESPONDENT.

Case No. 02811 CDDM001862

O R D E R

Attorney Joseph Halbur has filed a motion to withdraw as counsel for the petitioner.

The petitioner has filed a consent to the requested withdrawal.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. The Motion to Withdraw is granted, and Joseph Halbur is relieved of any further

responsibility in this case.

CLERK TO FURNISH COPIES TO:

VICKI RENAE COPELAND

JOSEPH EDWARD HALBUR, ESQ.

JEFFREY ROBERT MINNICH , ESQ.

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State of Iowa Courts

Case Number Case TitleCDDM001862 RASCHELLE E. ORTNER VS ERIC J. ORTNER

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-03-25 09:16:51

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2RDM03


IN RE THE MARRIAGE OFRASCHELLE ORTNER AND ERIC JOHN ORTNER


PETITIONER,AND CONCERNINGERIC JOHN ORTNER ,

RESPONDENT.


ORDER FOR TRIAL ON PETITION FOR DISSOLUTION OF MARRIAGE

On April 1, 2013 , the above-entitled matter is presented to the Court for attention. The Petition for Dissolution of Marriage has been on file for more than 90 days.

The Court finds that this matter should be scheduled for trial pursuant to districtadministrative rule number 2.7.


1. This matter shall be scheduled for trial by the court administrator as soon aspracticable. One day has been allocated for trial. The parties shall inform the courtadministrator if additional time is required.

2. If a party believes that this case should be exempted from automaticassignment for trial, the parties shall file an application for exemption, stating the

reasons therefore, within ten days of the filing of this order. The application shall besigned personally by the party making the application. A copy shall be sent to thecourt administrator. The application shall be brought to the attention of the Court in themanner of a motion.

3. Not later than five days prior to the trial, the parties shall exchange exhibitsand exhibit list(Petitioner to use numbers and Respondent to use letters.) Further, thefollowing shall be filed with the clerk of court at the same time:

(a) Each party's current affidavit of financial status, if not previously filed;1 of 3

E-FILED 2013 APR 01 1:04 PM SAC - CLERK OF DISTRICT COURT


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(b) Each party's child support guidelines worksheet (if applicable and notpreviously filed); (c) Each party's certificate of completion of Children in the Middle (if applicable); (d) The pretrial stipulation form prescribed by the Court, which shall containeach party's proposal for resolution of all pending issues.

If you need assistance to participate in court due to a disability, call the disability coordinator at

641-421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).

Disablity coordinators cannot provide legal advice.

CLERK TO FURNISH COPIES TO:VICKI RENAE COPELANDJOSEPH EDWARD HALBUR, Esq.JEFFREY ROBERT MINNICH , Esq.DISTRICT COURT ADMINISTRATORPetition File Date: 12/31/12

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Type: ORDER DIRECTING CT. ADMIN. TO SET TRIAL DATE

So Ordered


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Notice Id: 2CA004IN THE IOWA DISTRICT COURT FOR SAC COUNTY

RASCHELLE ORTNER ,

Plaintiff / Petitioner,

vs.ERIC JOHN ORTNER ,

Defendant / Respondent.

Notice of Civil Trial Setting Conference

Case No: 02811 CDDM001862

A scheduling conference will be held on 04/11/13 at 09:30 AM with Kellie Orres, as District CourtDesignee, pursuant to I.R.C.P 1.602.

This conference shall be conducted by telephone conference call initiated by plaintiff's counsel. Kellie Orres may be contacted via telephone at: (515) 574-3752.

1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A partywho is not represented by counsel shall contact the Court Administrator's office (at the above phonenumber) prior to the date and time of the conference call.2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the SupremeCourt's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALLBE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN.3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or issubstantially unprepared to participate in the conference, the Court may impose appropriatesanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).

/s/ Kellie Orres --------------------------------------- Designee of the CourtClerk to provide copies ornotice of document to attorneysof record and parties appearing



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pro se.



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Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J.ORTNER

Event Cd : OFTN

VICKI RENAE COPELAND filed

JEFFREY ROBERT MINNICH filed



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Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

RASCHELLE ORTNER ,





Trial Notice

The above entitled matter is hereby scheduled for non-jury trial on 09/06/13 at 09:00 AM .

1 Day Custody-Discovery Due 60 days prior to trial

/s/ Kellie Orres ----------------------------------- Designee of the Court

Clerk to provide copies or noticeof this document to attorneys of record,parties appearing pro se andassigned judge.

Docket Code = OSTR

E-FILED 2013 APR 16 11:21 AM SAC - CLERK OF DISTRICT COURT


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Event Cd : OSTR



E-FILED 2013 APR 16 11:21 AM SAC - CLERK OF DISTRICT COURT


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In Re the Marriage of Raschelle E. Ortner and Eric J. Ortner

Upon the Petition of

RASCHELLE E. ORTNERPetitioner,

And Concerning

ERIC J. ORTNER

Respondent.

CDDM001862

NOTICE OF DISCOVERY REQUEST

COMES NOW, Respondent, Eric J. Ortner. and states that Interrogatories and Document

Production Request were mailed on April 18, 2013 to: Ms. Vicki Copeland, 115 E. Lincolnway,

Suite 200, Jefferson, IA 50129, Attorneys for Petitioner.

/s/ Jeff MinnichJeffrey R. Minnich

ISBA #AT0005366

NEU, MINNICH, COMITO & NEU, P.C.721 N. Main St.

P.O. Box 367

Carroll, IA 51401

Telephone: 712-792-3508; Facsimile : 712-792-3563

[email protected]

ATTORNEYS FOR RESPONDENT



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RASCHELLE E. ORTNER,

Petitioner,

v.

ERIC J. ORTNER,

Respondent.

CASE NO. CDDM001862

NOTICE OF DISCOVERY RESPONSE

COMES NOW, the Respondent, Eric J. Ortner. and states that Answers to Interrogatoriesand Document Production propounded on April 4, 2013 were mailed/e-mailed on August 2, 2013

to: Vicki Copeland, Attorneys for Petitioner.

/s/ Jeff Minnich

__________________________________Jeffrey R. Minnich

ISBA #AT0005366

NEU, MINNICH, COMITO & NEU, P.C.

721 N. Main St.P.O. Box 367

Carroll, IA 51401


[email protected]


E-FILED 2013 AUG 05 10:34 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 AUG 16 4:09 PM SAC - CLERK OF DISTRICT COURT


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2RDM01


IN RE: THE MARRIAGE OFRASCHELLE ORTNER AND ERIC JOHN ORTNER



RESPONDENT.


O R D E R

It Is Ordered that the Respondent's motion to compel discovery is sustained. ThePetitioner shall comply with the Respondent's discovery requests on or before August31, 2013, otherwise sanctions, including the assessment of attorney fees, will beordered.


VICKI RENAE COPELANDJEFFREY ROBERT MINNICH

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Type: OTHER ORDER

So Ordered


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E-FILED 2013 SEP 04 11:12 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 SEP 04 1:38 PM SAC - CLERK OF DISTRICT COURT


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2RDM01





RESPONDENT.


O R D E R

On this date the above-entitled matter was scheduled for trial. Prior to thecommencement of the trial the attorneys advised the court that a dispute has arisen asto the paternity of the youngest child who was recently born. Counsel desire that beforethe trial commences a paternity test be completed.

It Is Ordered that for good cause, the trial scheduled on this date be continued andrescheduled after the ninth trial session to afford adequate time for completion of a

paternity test.

CLERK TO FURNISH COPIES TO:VICKI RENAE COPELANDJEFFREY ROBERT MINNICHDISTRICT COURT ADMINISTRATOR

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Type: OTHER ORDER

So Ordered


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Notice Id: 2CA004IN THE IOWA DISTRICT COURT FOR SAC COUNTY

RASCHELLE ORTNER ,




Notice of Civil Trial Setting Conference


A scheduling conference will be held on 09/19/13 at 09:30 AM with Kellie Orres, as District CourtDesignee, pursuant to I.R.C.P 1.602.

This conference shall be conducted by telephone conference call initiated by plaintiff's counsel. Kellie Orres may be contacted via telephone at: (515) 574-3752.

1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A partywho is not represented by counsel shall contact the Court Administrator's office (at the above phonenumber) prior to the date and time of the conference call.2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the SupremeCourt's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALLBE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN.3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or issubstantially unprepared to participate in the conference, the Court may impose appropriatesanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).

/s/ Kellie Orres --------------------------------------- Designee of the CourtClerk to provide copies ornotice of document to attorneysof record and parties appearing



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pro se.



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Event Cd : OFTN





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E F I L E D 2 0 1 3 S E P10 1:03P M S A C C L E R K O F D I S T R I C T C O U R T

I N T H E IOWA DISTRICTC O U R T FOR S C C O U N T YS T T E OF IOWA

Plaintiff No. FECR012218

vs. O R D E R MODIFYINGN O C O N T C Tvs. O R D E R N D ESTABLISHINGERICO R T N E R VISITATION

Defendant.N O W O N T H I S 6I H day of September, 2013 defendant's MotiontoMo dif y Mo Contact

comes before the court. The court fullyreviewed the fileand before the hearing met in chamberswith the County Attorney, BenSmith, defendant's attorney, Jeff Minnich and the RaschelleOrtner's attorney, V i c k iR.Copeland. Evidencewas not presented.

A l l parties agreed that the No Contact Order between defendant and the minor child,K . O . ,be terminated andthatdefendantshallhave graduated supervised/unsupervisedvisitation.

Defendant furtheragreesto be responsible for any uncovered insurance cost forK . O . sneeded therapy sessions to reacquaint defendantwith K . O . .

ITISHEREBYORDERED ADJUDGEDAND DECREED SFOLLOWS:Visitation as between defendant and the minor child, K . O . , shall be based upon the

parties' mutual agreement. In the eventthatthe parties cannot agree, the followingshallbe theminimum visitationschedule:

Defendantshallhavevisitationsupervised by thevictim'sparentsat thevictim'sparent'shouse inBellevue,Nebraska on Saturday, September 14, 2013from 1:00 p.m. to 4:00 p.m.. Amember of defendant'sfamily(mother, father, sister or brother) may attend saidvisitation.

Defendantshallhave a secondvisitation,supervised by the by thevictim'sparents, at thevictim'sparent'shouse inBellevue,Nebraska on Saturday, September 28, 2013from1:00 p.m.to 4:00 p.m.. A member of defendant'sfamily(mother, father, sister or brother) may attend saidvisitation.

Defendantshallhave athird visitation,supervised by a member of defendant'sfamily,onFriday.October 4, 2013 at 5:00 p.m. untilthe next Sunday at 6:00 p.m..

Defendantshallhave a fourthvisitation,supervised by a member of defendant'sfamily,on Friday,October 18, 2013 at 5:00 p .m. untilthe next Sunday at 6:00 p.m..

If the four supervised visitations proceed satisfactorily then defendant shall haveunsupervisedvisitationon alternating weekends,beginningonFriday, November1, 2013 at 5:00p.m. untilthe next Sunday at 6:00 p.m..

A llcontactwiththe Raschelle concerning defendant'svisitation shallbe by a member of


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E F I L E D 2 0 1 3 S E P 10 1:03P M S A C C L E R K O F D I S T R I C T C O U R T

defendant's immediatefamily.Defendantshallbe solely responsible for all transportation for the supervised visitation

and thereafter Defendant and Raschelleshall be equally responsible for transportation. Unlessotherwise agreed, Defendantshall pickup the minorchild, K . O . ,at Raschelle'sparent'shome atthe beginning of his supervised visitation and Raschelleshall pickup the minor child, K . O . ,atdefendant's parents' home at the endofunsupervisedvisitation.

Defendantshallbe able to receive all records andshallbe able to communicatewiththetreating therapist involvingthesetherapy sessions. Raschelleshall informdefendant'sparentsofthe name, address, telephone number anddateof appointments for such therapy sessions.

That any No Contact Order regarding the newborn is hereby terminated; but, visitationregarding the newborn is subject to the results of paternity testsand shall be determined inCDDM001862.

Defendantshallsubmit to any randomalcoholor drug testing as requested by defendant'sprobationofficer.

That theClerkofCourtshall filea copy of this Order inCDD M001862.

Datedthis 10th day of September, 2013.

B Y T H E C O U R T

Judge ofthe2n Judicial District


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E F I L E D 2 0 13 S E P10 1:03P M S A C C L E R K O F D I S T R I C T C O U R T

Stateof lowaCourtsType: O T H E R O R D E RCaseNumber CaseTitleFECR012218 STATE V S ERIC JOHN ORTN ER

SoOrdered

T h o m a s J . B i c e . D i s t n c t C o u r t J u d g e .S e c o n d Jud ic ia l D is t r ic t of lowa

Elec t ron ica l l y s ignedon2 0 1 3 0 9 1 0 1 3 :0 3 : 0 2 p a g e3 of 3


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RASCHELLE E. ORTNERPetitioner,

And Concerning

ERIC J. ORTNER

Respondent.

CDDM001862

NOTICE OF SECOND DISCOVERYREQUEST

COMES NOW, Respondent, Eric J. Ortner. and states that a second set of Interrogatories

and Document Production Request were mailed on September 11, 2013 to: Ms. Vicki Copeland,

115 E. Lincolnway, Suite 200, Jefferson, IA 50129, Attorneys for Petitioner.

/s/ Jeff MinnichJeffrey R. Minnich

ISBA #AT0005366

NEU, MINNICH, COMITO & NEU, P.C.721 N. Main St.

P.O. Box 367

Carroll, IA 51401


[email protected]




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E F I L E D 2013S E P23 8:21 AMS A C C L E R K OFD I S T R I C T C O U R T

INT HEIOWADISTRICTCOURTFOR SACCOUNTYSTATE OFIOWA

Plaintiff No.FECR012218ADMENTMENTTOvs. ORDER MODIFYINGNOCONTACTvs. ORDER AND ESTABLISHING

ERICORTNER VISITATIONDefendant.N O W ONT H I S23rd day ofSeptember,2013 the court from the Stateand Defendant's

attorney--Jeff Minnichv^equ^sttng an Aln^dment to the O R D E R M O D D 7 Y I N G NOC O N T A C T O R D E R AND E S T A B L I S H I N G V I S I T A T I O N to allow Defendant to havevisitationo fthe minorchild K . O .at the homeofRaschelle Ortner.

The court findsthatthe State,Defendant and Raschelle Ortner had intended allow tohaveDefendant's supervised visitation take place at the home of Raschelle Ortner but outside thepresenceofRaschelle Ortner. The court findsthatsuch anamendmentshould be granted.

IT ISHEREBY ORDERED ADJUDGEDANDDECREEDASFOLLOW S:That the O R D E R M O D D 7 Y T N G NO C O N T A C T O R D E R AND E S T A B L I S H I N G

V I S I T A T I O Nis amended to allow Defendant the supervised visitation as set forth in said Orderto be at the home o fRaschelle Ortner ifsoconsented by Raschelle Ortner.

Raschelle Ortner shall provide a written, signedconsentfor Defendant tohavesupervisedvisitation at her home at least 24 hours before the scheduled visitation. Said written, signedconsentshall be forwarded to Defendant's attorney,JeffMinnich by e-mail or facsimile withoriginal sentby regular mail. JeffM innich (721 N.M a in St., Carroll Iowa 51401; 712-792-3563; [email protected]) shall provide saidconsentto Defendant. Defendant then can providea copy ofsaidconsentto his probationofficer.

A l l other matterset forth in the O R D E R M O D D 7 Y I N GNOC O N T A C T O R D E R A N DE S T A B L I S H I N G V I S I T A T I O Nshall remain thesame.

That theClerk ofCourt shallfilea copyo fthis Order inC D DM 001862.


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E FILED 2 0 13 S E P 2 3 8:21 A M S A C C L E R K O F DISTRICT C O U R T

State of lowa CourtsT y p e : O T H E R O R D E RCaseNumber CaseTitleFECR012218 STATE VS ERIC JOHN OR TNER

SoOrdered

Thomas J Bice. District Court Judge.S econ d Judicial District of lowa

Electronically signed on 2013 09 23 08:21:50 page 2 of 2


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Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

RASCHELLE ORTNER ,





Trial Notice

The above entitled matter is hereby scheduled for non-jury trial on 12/10/13 at 09:00 AM .

1 Day CustodyDiscovery Due 60 days prior to trial

/s/ Kellie Orres ----------------------------------- Designee of the Court

Clerk to provide copies or noticeof this document to attorneys of record,parties appearing pro se and

judge if assigned

Docket Code = OSTR



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Event Cd : OSTR





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2RDM19


IN RE: THE MARRIAGE OF



PETITIONER,

AND CONCERNING

ERIC JOHN ORTNER ,

RESPONDENT.


ORDER

The Petition has filed an application for temporary support. A hearing on the

application should be scheduled.


1. A Hearing is scheduled on 10/08/2013 at 9:00 AM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa. on the above-described application. Pursuant to

District Rule 2.2, no personal appearance by either the parties or the attorneys will be

expected or required. The matter will be initially determined upon the financial affidavitsthen on file. Notice of the hearing shall be given by providing a copy of this order to the

parties.


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VICKI RENAE COPELAND , Esq.

JEFFREY ROBERT MINNICH , Esq.

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Type: ORDER SETTING HEARING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYIn Re the Marriage of Raschelle E. Ortner and Eric J. Ortner


RASCHELLE E. ORTNER

Petitioner,

And Concerning

ERIC J. ORTNERRespondent.

CDDM001862

REPLY TO PETITIONERS APPLICATIONFOR HEARING

Re: TEMPORARY MATTERS

COMES NOW, Respondent, and for Reply to Petitioners Application for Hearingregarding Temporary Matters, states:

1. Admitted.

2. Admitted.

3. Respondent admits to being the parent of minor child K.O., YOB: 2007, and is

awaiting paternity tests for K.O., YOB: 2013. Petitioner has stated that there is a possibility that

Respondent is not the paternal father of K.O., YOB: 2013.

4. Admitted.

5. Admitted that the trial was previously scheduled for September 6, 2013.Respondent denies that he requested a continuance, but states that the continuance was ordered

due to the paternity tests.

6. Admitted. Respondent further states that on September 9, 2013 an email was sentto Petitioners attorneys regarding child support without response. A copy of said email is

attached hereto. Respondent further states that throughout the pendency of this matter until

September 9, 2013 all of Respondents income was placed in joint accounts for which thePetitioner had access and used freely by Petitioner.

7. Admitted. Respondent repleads his response to paragraph 6.

8. Denied. Respondent repleads his response to paragraph 6. Respondent

affirmatively states that he is willing to pay child support pursuant to the Uniform Child Support

Guidelines, but needs to know Petitioners. Respondent further states that Petitioner and theminor children have been covered under Respondents healthcare during the pendency of thisaction.



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WHEREFORE, Respondent replies that he is willing to pay child support pursuant tothe Uniform Child Support Guidelines and have an income withholding order entered.

/s/ eff MinnichJeff Minnich

ISBA #AT0005366NEU, MINNICH, COMITO & NEU, P.C.


Carroll, IA 51401

Telephone: 712-792-3508; Facsimile : [email protected]


Original Filed.

PROOF OF SERVICEThe undersigned certifies that the foregoing

instrument was served upon all parties to the

above cause to each of the attorneys ofrecord herein at their respective addresses

disclosed on the pleadings on September 23,

2013.

By: Jeff Minnich______________

___ U.S. Mail ___ FAX

___ Hand Delivered ___ UPS

___ Federal Express __X__ EDMS___ Email



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E-FILED 2013 OCT 03 4:59 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 OCT 04 9:42 AM SAC - CLERK OF DISTRICT COURT


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IN RE THE MARRIAGE OF RASCHELLE E. ORTNER and ERIC J. ORTNER

Upon the Petition o !

RASCHELLE E. ORTNER" ! CDDM##$%&'!

Petitione(" !

!

And Con)e(nin* !

ERIC J. ORTNER" ! ORDER ALLOWING WITHDRAWAL

!

Re+pondent. !

After a review of the Motion of Vicki R. Copeland, the Petitioners prior attorney,

the Court finds that good cause exists for her withdrawal and her reuest is therefore

granted.

IT IS THEREFORE ORDERED ADJUDGED AND DECREEDthat Vicki

Copelands Motion to !ithdraw is here"y granted.



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Type: WITHDRAWAL OF COUNSEL

Case Number Case Title

CDDM001862 RASCHELLE E. ORTNER VS ERIC J. ORTNER

So Ordered

Electronically signed on 2013-10-04 09:54:33 page 2 of 2



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IN THE IOWA DISTRICT COURT FOR SAC COUNTY___________________________________________________________

In Re the Marriage of Raschelle E Ortner an! Eric "Ortner

U#on the $etition of %%

RASCHE&&E E ORTNER' % No CDDM(()*+,%

$etitioner' %%

An! Concerning %%

ERIC "ORTNER' % ORDER%

Res#on!ent %___________________________________________________________

On this !ate' $etitioner-s Motion for Te.#orar/

S0##ort ca.e 1efore the Co0rt for hearing' on affi!a2it

onl/

Res#on!ent has file! a financial state.ent an!

Chil! S0##ort 30i!eline Wor4sheets $etitioner has not

file! !oc0.ents of an/ nat0re relati2e to the financial

con!ition of the #arties

5ase! 0#on the Chil! S0##ort 30i!eline Wor4sheets

file! 1/ the Res#on!ent' the follo6ing Or!er is entere!

ORDER

IT IS ORDERED that Res#on!ent shall #a/ to

$etitioner' as te.#orar/ chil! s0##ort' the s0. of

7)'()*,8 #er .onth' 1eginning Octo1er )' ,()9' an!

contin0ing on the )st!a/ of each .onth thereafter !0ring



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2

the #en!enc/ of this action $a/.ents shall 1e .a!e

thro0gh the office of the Sac Co0nt/ Cler4 of Co0rt

IT IS FURTHER ORDERED that Res#on!ent shall

.aintain the health ins0rance c0rrentl/ in #lace !0ring the

#en!enc/ of this action

Witho0t s0##orting financial infor.ation' no

a6ar! is .a!e for te.#orar/ s#o0sal s0##ort at this ti.e

Cler4 to f0rnish co#ies to:

"ohn $04"eff Minnich



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Type: OTHER ORDER

Case Number Case Title

CDDM001862 RASCHELLE E. ORTNER VS ERIC J. ORTNER

So Ordered

Electronically signed on 2013-10-08 09:32:35 page 3 of 3



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RASCHELLE E. ORTNER

Petitioner,

And Concerning

ERIC J. ORTNER

Respondent.

CDDM001862

RESISTANCE TO CONTINUE TRIAL

Respondent, ERIC J. ORTNER, and resists Petitioners Motions for the following

reasons:

1. This matter was filed on December 31, 2012 with the trial scheduled for

September 6, 2013.

2. Respondent appeared for trial, was prepared and ready to present evidence but due

to DNA testing being requested and the possibility that the newborn child was not Respondents,

the trial was continued until December 10, 2013.

3. Petitioner has now retained 3 different attorneys to represent her in this matter

therefore a request for more time to prepare the case for trial should be denied.

WHEREFORE, Respondent, ERIC J. ORTNER, resists Petitioners motion for a

continuance.

eff MinnichCO0003709 forNEU, MINNICH, COMI TO & NEU, P.C.

721 N. Main Street

P.O. Box 367

Carroll, Iowa 51401

712-792-3508

712-792-3563 (Fax)

ATTORNEY FOR RESPONDENTORIGINAL FILED.



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RASCHELLE E. ORTNER,

Petitioner,

v.

ERIC J. ORTNER,

Respondent.

CASE NO. CDDM001862

NOTICE OF 2nd

DISCOVERY RESPONSE

COMES NOW, the Respondent, Eric J. Ortner. and states that Document Productionpropounded on October 11, 2013 were mailed on October 17, 2013 to: Jon J. Puk, Attorneys for

Petitioner.

/s/ Jeff Minnich

__________________________________Jeffrey R. Minnich

ISBA #AT0005366

NEU, MINNICH, COMITO & NEU, P.C.


Carroll, IA 51401


[email protected]




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2RDM00


IN RE: THE MARRAIGE OF



PETITIONER,

AND CONCERNING

ERIC JOHN ORTNER ,

RESPONDENT.


O R D E R

The Petitioner has filed a Motion to Continue Trial and Request for Telephonic

Hearing. A hearing will now be scheduled.

The hearing will be telephonic. The court will be in chambers in Carroll County. The

Court may be reached at 712-792-9685. Petitioner shall be responsible for arranging for

the conference call.

IT IS, THERFORE, THE ORDER OF THE COURT as follows:

1. A Hearing is scheduled on 10/28/2013 at 09:15 AM at the DISTRICT COURT -CIVIL.




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JON J PUK , Esq.


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Type: ORDER SETTING HEARING

So Ordered


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RASCHELLE E. ORTNER

Petitioner,

And Concerning

ERIC J. ORTNER

Respondent.

CDDM001862

RESISTANCE TO MOTION TO

COMPEL DISCOVERY RESPONSES

Respondent,ERIC J. ORTNER, for resistance states:

1. Admitted.

2. Admitted.

3. The request for a signed medical release is actually a request for medical records

which is privileged and has a Constitutional right of privacy (See Ashenfelter v. Mulligan, 792

N.W.2d 665, 671-72 (Iowa 2010) and the unpublished opinion of Mulligan v. Mulligan,

N.W.2d 237 (Iowa APP. 2011)). Respondents medical records have already been requested and

objected to for the same reasons. Petitioners Request for Production of Documents, number 28

and Respondents Response is set forth below:

28. All letters, medical records, doctors notes,

counselors notes, notes or records from any doctor, counselor,

psychiatrist, psychologist or other medical professional, clinic or

hospital, or any other documentation relating in any manner to the

physical or mental health or hospitalization of the Respondent for

any reason from January 1, 2010, through the date of your response

to this Request for Production.

This request is objected to as privileged material under

Iowa Rule of Civil Procedure 1.503 and Iowa Code section

622.10 See Ashenfelter v. Mul li gan, 792 N.W.2d 665, 671-72

(Iowa 2010). Notwithstanding that objection, the Respondent

has provided records relating to his substance abuse treatmentand enrollment in a domestic abuse intervention program,

which are attached as Exhibit L

WHEREFORE, Respondent,ERIC J. ORTNER, resists Petitioners Motion to Compel.

eff MinnichCO0003709 for



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2RDM01





RESPONDENT.


O R D E R

Motion for Continuance came on for telephonic hearing on October 28, 2013. Theparties appeared by their attorneys. Petitioner's attorney indicated that his trial conflictno longer existed and the attorneys indicated they believed they could work together tosettle the case or get the matter ready to try by the trial date.

IT IS THEREFORE ORDERED that the Motion to continue is denied.

CLERK TO FURNISH COPIES TO:JON J PUKJEFFREY ROBERT MINNICHDISTRICT COURT ADMINISTRATOR

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Case Number Case TitleCDDM001862 RASCHELLE E. ORTNER VS ERIC J. ORTNERType: OTHER ORDER

So Ordered


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2RDM00


IN RE: THE MARRAIGE OF



PETITIONER,

AND CONCERNING

ERIC JOHN ORTNER ,

RESPONDENT.


O R D E R

The Petitioner has filed a Motion to Compel. A hearing will now be scheduled.

IT IS, THERFORE, THE ORDER OF THE COURT as follows:

1. A Hearing is scheduled on 11/18/2013 at 1:00 PM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa.

2. If counsel desire, they may participate in this hearing via telephone conference

call, which call is to be initiated and paid for by the movant. For that purpose, the Court

may be reached at 712-662-7419.




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JON J PUK , Esq.


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Case Number Case TitleCDDM001862 RASCHELLE E. ORTNER VS ERIC J. ORTNERType: ORDER SETTING HEARING

So Ordered


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2RDM01





RESPONDENT.


O R D E R

Raschelle Ortner's Motion to Compel Discovery Responses came on for hearing onNovember 18, 2013. Raschelle requested a signed medical authorization from Ericto obtain medical records from the Domestic Abuse Intervention Program SeasonCenter for Behavioral Health and New Opportunities Substance Abuse Treatmentand Prevention Center, including history and physical, discharge summary, laboratoryresults, consultation reports from all doctors, entire records, dismissal instructions,mental health treatment records, entire medical file, doctor's orders/progress reports,

nurses notes, drug and alcohol abuse records, and any other medical records deemedrelevant. Eric contends that even though this case involves child custody, the requesteditems are privileged medical records in which he has a constitutional right of privacy.He relies on Ashenfelper v. Mulligan, 792 N.W.2d 665, 671-72 (Iowa 2010) and theunpublished opinion in Mulligan v. Mulligan, 802 N.W.2d 237 (Table), 211 WL 2420005(Iowa App.) Having reviewed those opinions, the Court agrees with Eric.

IT IS THEREFORE ORDERED that the Motion to Compel is overruled.

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E-FILED 2013 NOV 19 2:37 PM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:JON J PUKJEFFREY ROBERT MINNICH

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E-FILED 2013 NOV 19 2:37 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 DEC 09 3:40 PM SAC - CLERK OF DISTRICT COURT


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Uponthe Petition ofR A S C H E L L E E. O R T N E R ,

INTHEIOWADISTRICTCOURTIN AND FORSACCOUNTYIn Re The Marriage ofRaschelleE .Ortner and EricJ .Ortner

CaseN o. C D D M001862

Petitioner,A ndConcerningE R I C J.O R T N E R ,

Respondent.

D E C R E E O F D I S S O L U T I O N ^

fitto - 'ocn

N O W on this 10th day of December, 2013, thismattercomes ontotrialbefore the Court.The Petitioner, Raschelle E. Ortner, isrepresentedby counsel, Jon J. Puk, and the Respondent,Eric J. Ortner, isrepresented by counsel, Jeff Minnich. The Court, after having heard allevidence introduced by both parties and being otherwise fullyadvised in the premises, the CourtOrders asfollowing:

FINDINGS OF F AC TANDCONCLUSIONSO FL A WA . The Court hasjurisdictionofthe parties and subjectmatter.B . Raschelle Ortner's address is 1601 M ai n Street, Bellevue, Sarpy County, NE

68005.C . EricOrtner'saddressis 3315 WadsleyAuburn,Sac County, Iowa 51433.D . The parties were married on August 19, 2006, in SacC ity,Sac County, Iowa.E . As a result of the marriage thattwo (2) children have been born to the parties,

namely:K.J .O. ,born 2007, andK . E . O . ,born in 2013.F. Both parties have attended the mandatory custody/visitation course and their

respective certificates are onfilewiththeClerkofCourt.G . Raschelle Ortnerfiledher Petition forDissolutionofMarriageon oraboutthe 31

st

day of December, 2012; and the Respondent, EricOrtner, filedhis Answer to the Petition on oraboutthe 30thday of January, 2013.

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H . The Court hereby findsthat therehas been a breakdown of the parties' marriagerelationshipto the extentthatthe legitimate objects ofmatrimonyhave been destroyed andthereremains no reasonablelikelihoodthatthe marriage can be preserved.

I. The parties have come before this Court for arulingon an equitabledivisionofthe real and personal property of the parties, alongwiththe marital debts, and saidrulingof theCourtis contained herein below.ITIST H E R E F O R EO RD ERED ,ADJUDGEDANDD E C R E E Dasfollows:

1) MandatoryCustody/VisitationCourse: Both parties have attended themandatory custody/visitation course and their respective certificates of completion are on filewiththeClerkofthisCourt.

2) Dissolution ofMarriage: The marriage previously existing between RaschelleE .Ortner and EricJ. Ortner is hereby dissolved, and each of the parties is restored to the fullrights ofasingle person.

3) Custody: The parenting plan is incorporated attached heretomarked asExhibitAand is the order oftheCourt.

4) C h i l d Support: The Respondent, EricJ. Ortner,shallpay child support in theamount of One Thousand EighteenDollarsand 00/100 ($1,018.00) per month, effective on thefirst day ofthemonth after the entry ofthisDecree ofDissolution,andcontinuingon the st dayofeachmonththereafteruntilthe minorchild, K.J .O. ,turnsof age under the laws of theStateofIowa(18), dies, becomes emancipated, marries or upon further order ofthisCourt. At such timeas the elder child no longer qualifies for child support, child support shallautomatically bereduced to Seven Hundred Sixty Nine Dollars and 00/100 ($769.00) per month and shallcontinue for the remaining minorchildren,untilthe minorchild, K . E . O . ,turnsof age under thelawsof theStateofIowa(18), dies, becomes emancipated, marries or upon further order of thisCourt; P R O V I D E D F U R T H E R ,thatsaidchildsupportshallcontinue for either or all childrenifthey are between the years of 18 and 19 years of age and are engaged full-timein completinghighschoolgraduation or its equivalency requirements in a mannerwhichis reasonably expectedto result in the completion of the requirements prior to the childreaching 19 years of age or, inany case, by further order ofthisCourt.


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A ll childsupport payments shall bemadeto:ClerkofDistrictCourt ofSac County IowaSac CountyDistrictCourthouse100 NorthwestState Street,Suite 12SacC i ty,IA 50583

Each childsupport payment shall identify the payment as childsupport, thecasenameandcasenumber.

5) Post-Secondary Education Subsidy (Iowa Code 598.21(F): The Court findsthat the post-secondary education subsidy should be awarded pursuantto Iowa Code Section598.21(F), but given the age of the children at the present time, the Court will reservejurisdictionto determine such subsidies at such time thecosts will be incurred if the parties areunable toagreeotherwise.

6) Information (Iowa Code 598.22B): Each party shall filewith the ClerkofCourtorC hildSupport RecoveryUn it,as appropriate, upon entry of this Decree, and toupdateas appropriate, information on location and identity of the party, including social securitynumber, residential and mailingaddress,telephone number, driver's license number, and name,addressand telephone number of the party's employer. The informationfiledwill be disclosedand usedpursuantto Iowa Code 598.22B. Each party shall filethe information with theClerkofCourt,or, if support payments are to be directed to theCollectionServices Center as providedinSection 252B.14(2) and Section252B.16,with the ChildSupport RecoveryUn it.

7) Health Insurance: The Respondent, EricJ. Ortner, shall maintain health, dentaland prescription insurance coverage for the minor children as available through his employer.The Respondent shall forthwith provide a copy of the insurance card covering the minor childrento the Petitioner, and if said insurance changes, upon receipt of any additional or new healthinsurance cards, shall immediately provide a copy of said insurance card to the Petitioner uponany suchchangeor annual renewal.

To theextentthereare any out-of-pocket medicalexpensesthatare not paid by insurancefor the minor children, the Petitioner, Raschelle E. Ortner, shall pay the first $250.00, per child,per calendar year (January 1through December 31). Any other out-of-pocket medicalexpensesnot paid by insurance that exceed $250.00, per child, per calendar year shall be divided asfollows:pro rata but currently 80% to be paid by Respondent, and 20% to be paid by Petitioner.

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Uncovered medical expenses shall include, but not be limited to, all medical, hospital,ophthalmological,orthodontia/dental,opticalandpsychologicalexpenses incurred on behalf ofthe minorchildnotpaidby insurance. The Petitionershallbe required to provide documentationevidencing her out-of-pocket costs for medical expenses not paid by insurance thatexceed$250.00,per child,per calendar year, to the Respondent. This wouldinclude itemized medicalbillsand/or explanations of benefits(whichshould be shared by the parties)identifyingthe out-of-pocketcosts of those expenses not covered by insurance for the minorchildren. Respondentshallreimburse the Petitionerwithin15 days of receipt ofsaiddocumentationfo rhisshareoftheout-of-pocketmedicalexpenses.

8) Tax Exemptions: Commencing for the 2013 tax year, each party shall beawarded one childdependency tax exemptions for their Federal and State income tax returns.Whenthereisonlyone minorchildremaining,the parties willalternate thechilddependency taxexemption,withthePetitionerto have the first year. Respondent's right toclaimany of the childdependency tax exemptions as awarded herein is contingent onhim being current onallhischildsupportobligationsby December 31stofthatyear inwhichhe is entitled toclaimany exemptionordered herein; both parties shallcooperate to execute any necessary documents on or before

th

February 20 of the following year for each party to be awarded the child dependency taxexemptionas awarded herein.

9) 2013 Income Tax Returns: The parties hereby stipulate andagreethatthey willfile their 2013 income tax returns, both federal andstate,as singleindividuals. It is furtheragreedthateachwillkeep anyrefundor pay any taxliabilitythey have by filingseparately.

10) Homestead/Real Property: The parties have acquired interest in marital realestatelocated at 3315Wadsley Avenue,Auburn, IAandlegallydescribed asfollows:

C O O N V A L L E Y L V A C O M M L OT AN E N E , as shown the records ofSac County,Iowa;

Saidrealestateshallbe awarded to the Respondent, EricJ. Ortner, free and clear ofany interestin the Petitioner, to be his solely, subject to any and all encumbrances, taxes and insuranceagainst said realestate, forwhich he agrees to indemnify and hold the Petitioner harmless.Respondentagreesto use hisbestefforts to re-finance the home in his name solely within6months of thedateof this Decree. If Respondent is unable to refinance the debt on the home on

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orbefore the expiration of 24 monthsfromthedateof the entry of this Decree, then the houseshallimmediatelybe put up for sale andsoldto remove Petitioner's namefromsaiddebt. ThePetitionershall,at the time ofrefinancingand/orclosingon therefinancingor sale of the home,execute a quitclaim deed transferring all ownership that she has in the property to theRespondent.

Theparties have acquired interest in marital realestatelocated at 202 2n dStreet,Auburn,IA andlegallydescribed asfollows:

A U B U R N IN C L O T 10B L K 10O R I G I N A L ,asshownthe records ofSacCounty,IowaRentalproperty at 202 Second Street,Auburn,Iowashallbe put up for sale as soon as practical

and sold. The net proceeds afterclosingcosts, realtor's fees, mortgage, etc., shallbe sharedequallyby and between the parties. Duringthe pendencyofthis sale, Respondent shall maintainthe premises and pay all the encumbrances on the homeuntil sold. The Respondent shallbeentitledto reimbursement of any reduction inprinciple onlybeginningfromJanuary 1, 2014untilsold. Bothpartiesshallbeinvolvedin determining the reasonablecommercialvalueforthis saleandchoosing a realtor to listfor sale or if otherwise agreeable to sell in a different manner bymutualagreement.

11) Vehiclesand Campers: The Petitionershallbe awarded her 2002 PontiacAztecand the 1997 FifthWheelcamper and plate, free and clear of any interest in the Respondent,subject to any encumbrances thereon,fromwhichsheshallindemnifyandholdthe Respondentharmless. Petitionershallrefinance the vehicle or otherwise remove Respondent's namefromanyloanor encumbrance on saidvehiclewithin90 daysfromthedateoftheentryofthis DecreeofDissolution.

TheRespondentshallbe awarded his 2002 DodgeRam,and 1976 Camper, all to be hisfree and clear of any interest in the Petitioner, but subject to any encumbrances or liens againstsaidvehicles/campers,from which heagreesto indemnify and holdthe Petitioner harmless.Respondentshallrefinance the vehicle and campers or otherwise remove Petitioner's namefromanyloanor encumbrance on saidvehiclewithin90 daysfromthedateoftheentry of this DecreeofDissolution.

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To the extent thesevehicles arejointly titled, the parties shall cooperate to sign allnecessary documents transferring title to the other party as ordered hereinwithinthirty days ofthedateofentryofthisDecree.

12) Household Goods and Personal Property: Eachparty shallbe awardedthatpersonal property and household furnishings in their possession andshallbe awarded thesamefree and clear ofany interest inthe other party, to be theirs absolutely.

13) Bank Accounts: Each party shall retain all right, title and interest in theirrespective personal bank accounts free and clear ofany interest in the other party.

14) Securities/RetirementAccounts/Pensions:The Respondentshallbe awarded allof his premarital and marital retirement 40IK with Hancock Concrete free and clear of anyinterest of the Petitioner, and Respondentshallbe responsible for any and all loans against saidfunds.

15) L i f eInsurance Policies: Eachpartyshallbe awarded all right, title and interestinanylifeinsurancepoliciesthey own currently, in place through employment or otherwise, freeand clear ofany interest ofthe other party.

16) Debts: The Petitionershallbe responsible for her vehicle, medicalbillsfor thechildrenthrough November 2013, and loan to herparents. The Respondentshallbe responsibleforrepayment ofanydebtincurred on their behalf,including:

House insurance;Overdrafts to bank accounts;Chase Freedom CreditCard;VisaCreditCard;Wal-MartCreditCard;Nick M iller;Respondent's Parents, AlanandKathyOrtner;A ny outstanding medical expenses for the minor childrenthatare not paid by insuranceas of December 31,2013Bothpartiesshallpay any credit cards held in theirnamesindividuallyor any otherdebtheldintheirindividualnames.

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Thepartiesshallnot incur any debt in the name of the other party and have not done sosincethe fil ingof thePetitionherein;thatthe above debt is theonlydebtknownto the parties orthateither partywouldbe responsibleforand havefullydisclosedthe same.

Theany debt incurred on their own behalf, including but not limited to credit cards,medical bills, cell phones, vehicles, vehicle repair bills,personal bank loans, and any and allother debt incurred in his or her own nameshallbethatparty'sresponsibility,fromwhichtheywillindemnifyandholdthe other party harmless.

17) A l i m o n y : Neither party is awardedalimony. Eachparty has been advised andunderstandthati fnoalimonyis awarded herein, none can be awarded at a futuredate.

18) Equalization Payment: The Respondentshallpay to the Petitioner the sum of$9,000as anequalizationpayment to equitablydividethemaritalassetsbetween the parties,with$1,000paidwithin10 days of the entry ofthedecree and the balance of$8,000paidon or beforethe end of September 2014. If the rental house sells before then, hisshareshallbepaid,to theextentavailablefromthe saleo fthis house.

19) Attorney's Fees: Eachpartyshallpay theirownattorney fees.20) Court Costs: Petitionershallpay the court costs herein and receipt out for the

same and anyadditionalcourt cost to bepaidby the partyincurringit.21) Necessary Documents: Eachof the partiesshallexecute anddeliverto the other

party any documentsthatmay be reasonably required toaccomplishthe intentofthis Agreement.Inthe eventthateither party failstocomplywiththe provisions of this paragraphwithinthirty(30) days hereof, this Agreementshallconstitute an actual grant, assignment and conveyance ofthe property and rights in each manner andwithsuch force and effect as should be necessary toeffectuate the termsofthis Agreement.

22) WaiverofBreach: No waiver of any breach by either party ofthe terms of thisAgreement shall be deemed a waiver of any subsequent breach. No modificationof thisAgreementshallbebindingupon either of the parties unless reduced towritingand subscribedbyboth parties and approved by the Court.

23) Captions: Paragraph titles or captions contained herein are inserted as a matterofconvenienceand for reference and in no waydefine,limit,extent or describe the scope of thisAgreementor anyprovisionhereof.

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24) Interpretation: N oprovision inthis Agreement is to be interpretedforor againstany party becausethatparty orthatparty'slegalrepresentative drafted theprovision.

25) AdviceofCounsel: Eachof the parties expresslycertifiesthatthey have enteredintothis agreement upon mature consideration and after ample opportunity to see the advice ofseparatecounsel,thatconsent to the execution of this Decree has not been obtained by duress,fraudor undue influence of any person,thatno representations of facts have been made by theeither party to the other, except as herein expressly set forth;thatboth parties have had fullaccess to the books and records of the other and both parties have satisfactory knowledge as tothe business of each other and the nature, extent and value of the property of the other party andthe parties agreethatthis agreement is afairan d reasonable settlement oftheproperty and debtsofthe parties and is not unconscionable and is afairand reasonable agreement as to the custodyandparenting time regarding the adult dependent child.26) Fu l lDisclosure. Eachparty warrants to the otherthat therehas been an accurate,complete and current disclosure of all income, assets, debts and liabilities. Each partyspecificallyacknowledgesthatthis agreement represents a completedivisionofa lltheassetsofthe parties acquired during the marital relationship and all suchassetsare identifiedherein andthatneither party hasgivenincorrect,misleadingor incompleteinformationwithrespect to theirincomes,assets,debts andliabilitiesas setforthherein.

27) Retroactive C h i l d Support and Reimbursement. The Court findsthatanyrequest by Petitioner for retroactive childsupport since the filingof this actionshallbe denied.A nyrequest by Respondent to receive reimbursement for any money removedfromthe jointcheckingaccountshallbe denied.

28) No Contact Order. The No Contact Order shall be terminated and anappropriate filingshallbe madeinthecriminalproceedings.

ITIS,T H E R E F O R E , O R D E R E D , A D J U D G E D A N D D E C R E E Dthatthe marriage ofR A S C H E L L E E . O R T N E RandE R I CJ.O R T N E R ,who entered into marriage on the 19thday ofAugust,2006, in SacCity,SacCounty,Iowa, be, and hereby is ,dissolved.

ITISFU R T H E R O R D E R E DthatRespondentshallpay, through theClerkoftheDistrictCourtofSacCounty, Iowa,childsupportforthe support and maintenanceforthe parties' two (2)minor children the sum One Thousand EighteenDollarsand 00/100 ($1,018.00) per month,effectiveon the 1st day of the month following entry of this Decree of Dissolution and

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continuingevery month thereafteruntiland continuing on the stday of each month thereafteruntilthe minorchild, KaleOrtner, turns of age under the laws of the State of Iowa (18), dies,becomes emancipated, marries or upon further order of this Court; P R O V I D E D F U R T H E R ,thatsaidchildsupportshallcontinueforeither ora llchildren ifthey are between the years of 18and 19 years of age and are engaged full-time in completinghigh school graduation or itsequivalencyrequirements in a mannerwhichis reasonably expected to result in the completionofthe requirements prior to thechildreaching 19 years ofageor, in any case, by further order ofthis Court. At such time as the elder childno longerqualifiesforchild support, childsupportshallautomatically be reduced to Seven HundredSixtyNine Dollarsand 00/100 ($769.00) permonth and shall continue for the remaining minorchildren, until the minor child, KembrieOrtner,turns ofageunder the lawsoftheState ofIowa(18),dies, becomes emancipated, marriesorupon further order of this Court; P R O V I D E D F U R T H E R , that said child support shallcontinue for either ora llchildren ifthey are between the years of 18 and 19 years ofageand areengaged full-timein completinghigh school graduation or its equivalency requirements in amannerwhichis reasonably expected to result in thecompletionof the requirements prior to thechildreaching 19 years ofageor, in any case, by further order of thisCourt. A copy oftheChildsupportCalculationpursuant to the IowaC hildSupportGuidelinesis attached hereto asExhibit

B and incorporated herein.A ll childsupport paymentsshallbecome delinquent the day after they are due andowing

andinterestshallnot accrueuntilthirty (30) days after the payments are delinquent. Delinquentchildsupportshallaccrue interest at the statutoryratefordelinquentchildsupport.

ITISF U R T H E R O R D E R E Dthat inthe event Respondentfailsto pay anychildsupport,as suchfailureiscertifiedeach month by the Sac County IowaDistrictCourtClerkincasesinwhichCourt-ordered support is delinquent in an amount equal to the support due and payable foraone-month periodoftime,he may be required to appear in Court on adateto be determined bythe Court and show cause why such payment was not made. In the eventthatthe Respondentfailsto pay and appear as ordered, a warrant may be issuedforhisarrest.

ITIS F U R T H E R O R D E R E D thatPetitioner and Respondent shall each furnish to theclerkof the District Court of Sac County, Iowa, heror- hisname, address, telephone number,SocialSecuritynumber, the name and address of her or hisemployer,whether or not such personhas access to employer-related health insurance coverage and, ifso,the health insurancepolicy

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information, and any other such information the Court shall deem relevant, until the childsupport judgment ispaid infull . Petitioner and Respondentshalleach advise theClerkof theDistrictCourt of Sac County, Iowa, of any changes in suchinformationbetwee

Date post:	04-Jun-2018
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