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

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

This 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.
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 District In re the conversion of paper files to electric documents Administrative 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. 2. 3. 4. 5. 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. 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. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 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. 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
Recipient List Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J. ORTNER E-FILED 2013 MAR 19 9:43 AM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT ERIC JOHN ORTNER filed
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 FILING

This 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.
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 District In re the conversion of paper files to electric documents Administrative 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. 2. 3. 4. 5. 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. 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. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 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. 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
Recipient List Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J. ORTNER E-FILED 2013 MAR 19 9:43 AM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT ERIC JOHN ORTNER filed
E-FILED 2013 MAR 19 12:11 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 MAR 24 3:23 PM SAC - CLERK OF DISTRICT COURT
2RDM24
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
IN RE: THE MARRIAGE OF RASCHELLE ORTNER AND ERIC JOHN ORTNER
UPON THE PETITION OF RASCHELLE ORTNER , PETITIONER, AND CONCERNING ERIC JOHN ORTNER , RESPONDENT. 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. ORDER Case No. 02811 CDDM001862
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State of Iowa Courts Case Number CDDM001862 Type: Case Title RASCHELLE E. ORTNER VS ERIC J. ORTNER OTHER ORDER So Ordered
Electronically signed on 2013-03-25 09:16:51
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E-FILED 2013 APR 01 1:04 PM SAC - CLERK OF DISTRICT COURT
2RDM03
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IN RE THE MARRIAGE OF RASCHELLE ORTNER AND ERIC JOHN ORTNER UPON THE PETITION OF Case No. 02811 CDDM001862 RASCHELLE ORTNER , PETITIONER, AND CONCERNING ERIC JOHN ORTNER , RESPONDENT. 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 district administrative rule number 2.7. IT IS, THEREFORE, THE ORDER OF THE COURT as follows: 1. This matter shall be scheduled for trial by the court administrator as soon as practicable. One day has been allocated for trial. The parties shall inform the court administrator if additional time is required. 2. If a party believes that this case should be exempted from automatic assignment 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 be signed personally by the party making the application. A copy shall be sent to the court administrator. The application shall be brought to the attention of the Court in the manner of a motion. 3. Not later than five days prior to the trial, the parties shall exchange exhibits and exhibit list(Petitioner to use numbers and Respondent to use letters.) Further, the following 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;
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ORDER FOR TRIAL ON PETITION FOR DISSOLUTION OF MARRIAGE
(b) Each party's child support guidelines worksheet (if applicable and not previously 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 contain each 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 COPELAND JOSEPH EDWARD HALBUR , Esq. JEFFREY ROBERT MINNICH , Esq. DISTRICT COURT ADMINISTRATOR Petition File Date: 12/31/12
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State of Iowa Courts Case Number CDDM001862 Type: Case Title RASCHELLE E. ORTNER VS ERIC J. ORTNER ORDER DIRECTING CT. ADMIN. TO SET TRIAL DATE So Ordered
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Notice Id: 2CA004
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 Court Designee, 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 party who is not represented by counsel shall contact the Court Administrator's office (at the above phone number) prior to the date and time of the conference call. 2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN. 3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is substantially unprepared to participate in the conference, the Court may impose appropriate sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).
/s/ Kellie Orres --------------------------------------Designee of the Court Clerk to provide copies or notice of document to attorneys of record and parties appearing
pro se.
Recipient List Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J. ORTNER E-FILED 2013 APR 02 1:38 PM SAC - CLERK OF DISTRICT COURT Event Cd : OFTN VICKI RENAE COPELAND JEFFREY ROBERT MINNICH filed filed
E-FILED 2013 APR 16 11:21 AM SAC - CLERK OF DISTRICT COURT
Notice Id: 2CA101
IOWA DISTRICT COURT FOR SAC COUNTY
RASCHELLE ORTNER , Plaintiff / Petitioner, vs. ERIC JOHN ORTNER , Defendant / Respondent. Case No: 02811 CDDM001862 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 notice of this document to attorneys of record, parties appearing pro se and assigned judge.
Docket Code = OSTR
Recipient List Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J. ORTNER E-FILED 2013 APR 16 11:21 AM SAC - CLERK OF DISTRICT COURT Event Cd : OSTR VICKI RENAE COPELAND JEFFREY ROBERT MINNICH filed filed
IN THE IOWA DISTRICT COURT FOR SAC COUNTY In Re the Marriage of Raschelle E. Ortner and Eric J. Ortner Upon the Petition of CDDM001862 RASCHELLE E. ORTNER Petitioner, And Concerning ERIC J. ORTNER Respondent. 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 Minnich Jeffrey 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 jeff@nmcnlaw.com ATTORNEYS FOR RESPONDENT
E-FILED 2013 AUG 05 10:34 AM SAC - CLERK OF DISTRICT COURT

RASCHELLE E. ORTNER, Petitioner, v. NOTICE OF DISCOVERY RESPONSE ERIC J. ORTNER, Respondent. CASE NO. CDDM001862
COMES NOW, the Respondent, Eric J. Ortner. and states that Answers to Interrogatories and 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 Telephone: 712-792-3508; Facsimile : 712-792-3563 jeff@nmcnlaw.com ATTORNEYS FOR RESPONDENT
E-FILED 2013 AUG 16 4:09 PM SAC - CLERK OF DISTRICT COURT
2RDM01
UPON THE PETITION OF RASCHELLE ORTNER , PETITIONER, AND CONCERNING ERIC JOHN ORTNER , RESPONDENT. ORDER Case No. 02811 CDDM001862
It Is Ordered that the Respondent's motion to compel discovery is sustained. The Petitioner shall comply with the Respondent's discovery requests on or before August 31, 2013, otherwise sanctions, including the assessment of attorney fees, will be ordered.
CLERK TO FURNISH COPIES TO: VICKI RENAE COPELAND JEFFREY ROBERT MINNICH
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E-FILED 2013 SEP 04 11:12 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 SEP 04 1:38 PM SAC - CLERK OF DISTRICT COURT
2RDM01
On this date the above-entitled matter was scheduled for trial. Prior to the commencement of the trial the attorneys advised the court that a dispute has arisen as to the paternity of the youngest child who was recently born. Counsel desire that before the trial commences a paternity test be completed. It Is Ordered that for good cause, the trial scheduled on this date be continued and rescheduled after the ninth trial session to afford adequate time for completion of a paternity test.
CLERK TO FURNISH COPIES TO: VICKI RENAE COPELAND JEFFREY ROBERT MINNICH DISTRICT COURT ADMINISTRATOR
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Notice Id: 2CA004
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 09/19/13 at 09:30 AM with Kellie Orres, as District Court Designee, 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 party who is not represented by counsel shall contact the Court Administrator's office (at the above phone number) prior to the date and time of the conference call. 2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN. 3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is substantially unprepared to participate in the conference, the Court may impose appropriate sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).
/s/ Kellie Orres --------------------------------------Designee of the Court Clerk to provide copies or notice of document to attorneys of record and parties appearing
pro se.
Recipient List Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J. ORTNER E-FILED 2013 SEP 06 11:33 AM SAC - CLERK OF DISTRICT COURT Event Cd : OFTN VICKI RENAE COPELAND JEFFREY ROBERT MINNICH filed filed
E-FILED 2013 S E P 10 1:03 PM S A C - C L E R K OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff, vs. ERIC ORTNER Defendant.
I H
No. FECR012218 ORDER MODIFYING NO CONTACT ORDER AND ESTABLISHING VISITATION
NOW ON THIS 6 day of September, 2013 defendant's Motion to Modify Mo Contact comes before the court. The court fully reviewed the file and before the hearing met in chambers with the County Attorney, Ben Smith, defendant's attorney, Jeff Minnich and the Raschelle Ortner's attorney, Vicki R. Copeland. Evidence was not presented. All parties agreed that the No Contact Order between defendant and the minor child, K.O., be terminated and that defendant shall have graduated supervised/unsupervised visitation. Defendant further agrees to be responsible for any uncovered insurance cost for K.O.'s needed therapy sessions to reacquaint defendant with K.O..
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

Visitation as between defendant and the minor child, K.O., shall be based upon the parties' mutual agreement. In the event that the parties cannot agree, the following shall be the minimum visitation schedule: Defendant shall have visitation supervised by the victim's parents at the victim's parent's house in Bellevue, Nebraska on Saturday, September 14, 2013 from 1:00 p.m. to 4:00 p.m.. A member of defendant's family (mother, father, sister or brother) may attend said visitation. Defendant shall have a second visitation, supervised by the by the victim's parents, at the victim's parent's house in Bellevue, Nebraska on Saturday, September 28, 2013 from 1:00 p.m. to 4:00 p.m.. A member of defendant's family (mother, father, sister or brother) may attend said visitation. Defendant shall have a third visitation, supervised by a member of defendant's family, on Friday. October 4, 2013 at 5:00 p.m. until the next Sunday at 6:00 p.m.. Defendant shall have a fourth visitation, supervised by a member of defendant's family, on Friday, October 18, 2013 at 5:00 p.m. until the next Sunday at 6:00 p.m.. If the four supervised visitations proceed satisfactorily then defendant shall have unsupervised visitation on alternating weekends, beginning on Friday, "November 1, 2013 at 5:00 p.m. until the next Sunday at 6:00 p.m.. All contact with the Raschelle concerning defendant's visitation shall be by a member of
defendant's immediate family. Defendant shall be solely responsible for all transportation for the supervised visitation and thereafter Defendant and Raschelle shall be equally responsible for transportation. Unless otherwise agreed, Defendant shall pick up the minor child, K.O., at Raschelle's parent's home at the beginning of his supervised visitation and Raschelle shall pick up the minor child, K.O., at defendant's parents' home at the end of unsupervised visitation. Defendant shall be able to receive all records and shall be able to communicate with the treating therapist involving these therapy sessions. Raschelle shall inform defendant's parents of the name, address, telephone number and date of appointments for such therapy sessions. That any No Contact Order regarding the newborn is hereby terminated; but, visitation regarding the newborn is subject to the results of paternity tests and shall be determined in CDDM001862. Defendant shall submit to any random alcohol or drug testing as requested by defendant's probation officer. That the Clerk of Court shall file a copy of this Order in CDDM001862.
Dated this 10 day of September, 2013.
th
BY THE COURT
Judge of the 2 Judicial District
State of lowa Courts Type: Case Number FECR012218 OTHER ORDER Case Title STATE VS ERIC JOHN ORTNER So Ordered
Thomas J . Bice. Distnct Court Judge. Second Judicial District of lowa
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY In Re the Marriage of Raschelle E. Ortner and Eric J. Ortner Upon the Petition of CDDM001862 RASCHELLE E. ORTNER Petitioner, And Concerning ERIC J. ORTNER Respondent. NOTICE OF SECOND DISCOVERY REQUEST
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 Minnich Jeffrey 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 jeff@nmcnlaw.com ATTORNEYS FOR RESPONDENT
E-FILED 2013 S E P 23 8:21 AM SAC - C L E R K OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff, vs. ERIC ORTNER Defendant. No. FECR012218 ADMENTMENT TO ORDER MODIFYING NO CONTACT ORDER AND ESTABLISHING VISITATION
NOW O N THIS 23rd day of September, 2013 the court from the State and Defendant's attorney--Jeff Minnichvêqu^sttng an Aln^dment""to" the ORDER MODD7YING "NO" CONTACT ORDER AND ESTABLISHING VISITATION to allow Defendant to have visitation of the minor child, K.O. at the home of Raschelle Ortner. The court finds that the State, Defendant and Raschelle Ortner had intended allow to have Defendant's supervised visitation take place at the home of Raschelle Ortner but outside the presence of Raschelle Ortner. The court finds that such an amendment should be granted. IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: That the ORDER MODD7YTNG NO CONTACT ORDER AND ESTABLISHING VISITATION is amended to allow Defendant the supervised visitation as set forth in said Order to be at the home of Raschelle Ortner if so consented by Raschelle Ortner. Raschelle Ortner shall provide a written, signed consent for Defendant to have supervised visitation at her home at least 24 hours before the scheduled visitation. Said written, signed consent shall be forwarded to Defendant's attorney, Jeff Minnich by e-mail or facsimile with original sent by regular mail. Jeff Minnich (721 N . Main St., Carroll, Iowa 51401; 712-7923563; jeff@nmcnlaw.com) shall provide said consent to Defendant. Defendant then can provide a copy of said consent to his probation officer. All other matter set forth in the ORDER MODD7YING NO CONTACT ORDER AND ESTABLISHING VISITATION shall remain the same. That the Clerk of Court shall file a copy of this Order in CDDM001862.
E-FILED 2013 S E P 23 8:21 AM S A C - C L E R K OF DISTRICT C O U R T
State of lowa Courts Type: OTHER ORDER
Case Number FECR012218
Case Title STATE VS ERIC JOHN ORTNER So Ordered
Thomas J . Bice. District Court Judge. Second Judicial District of lowa
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Notice Id: 2CA101
IOWA DISTRICT COURT FOR SAC COUNTY
RASCHELLE ORTNER , Plaintiff / Petitioner, vs. ERIC JOHN ORTNER , Defendant / Respondent. Case No: 02811 CDDM001862 Trial Notice
The above entitled matter is hereby scheduled for non-jury trial on 12/10/13 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 notice of this document to attorneys of record, parties appearing pro se and judge if assigned
Docket Code = OSTR
Recipient List Case ID : 02811 CDDM001862 - RASCHELLE E. ORTNER VS ERIC J. ORTNER E-FILED 2013 SEP 23 9:55 AM SAC - CLERK OF DISTRICT COURT Event Cd : OSTR VICKI RENAE COPELAND JEFFREY ROBERT MINNICH filed filed
2RDM19
UPON THE PETITION OF RASCHELLE ORTNER , PETITIONER, AND CONCERNING ERIC JOHN ORTNER , RESPONDENT. The Petition has filed an application for temporary support. A hearing on the application should be scheduled. IT IS, THEREFORE, THE ORDER OF THE COURT as follows: 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 affidavits then on file. Notice of the hearing shall be given by providing a copy of this order to the parties. ORDER Case No. 02811 CDDM001862
CLERK TO FURNISH COPIES TO:
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VICKI RENAE COPELAND , Esq. JEFFREY ROBERT MINNICH , Esq.
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State of Iowa Courts Case Number CDDM001862 Type: Case Title RASCHELLE E. ORTNER VS ERIC J. ORTNER ORDER SETTING HEARING So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY In Re the Marriage of Raschelle E. Ortner and Eric J. Ortner Upon the Petition of CDDM001862 RASCHELLE E. ORTNER Petitioner, And Concerning ERIC J. ORTNER Respondent. REPLY TO PETITIONERS APPLICATION FOR HEARING Re: TEMPORARY MATTERS
COMES NOW, Respondent, and for Reply to Petitioners Application for Hearing regarding Temporary Matters, states: 1. 2. Admitted. 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 sent to 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 the Petitioner 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 the minor children have been covered under Respondents healthcare during the pendency of this action.
WHEREFORE, Respondent replies that he is willing to pay child support pursuant to the Uniform Child Support Guidelines and have an income withholding order entered.
/s/
Jeff Minnich
Jeff 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 jeff@nmcnlaw.com ATTORNEYS FOR RESPONDENT Original Filed.
PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record 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
E-FILED 2013 OCT 03 4:59 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 OCT 04 9:42 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IN RE THE MARRIAGE OF RASCHELLE E. ORTNER and ERIC J. ORTNER Upon the Petition o RASCHELLE E. ORTNER" Petitione(" And Con)e(nin* ERIC J. ORTNER" Re+pondent. ! ! ! ! ! ! ! ! !
CDDM##$%&'
ORDER ALLOWING WITHDRAWAL
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 re uest is therefore granted. IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Vicki Copelands Motion to !ithdraw is here"y granted.
State of Iowa Courts Type: Case Number CDDM001862 WITHDRAWAL OF COUNSEL Case Title RASCHELLE E. ORTNER VS ERIC J. ORTNER So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY ___________________________________________________________ In Re the Marriage of Raschelle E Ortner U#on the $etition of Ortner an! Eric "
% % 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
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
State of Iowa Courts Type: Case Number CDDM001862 OTHER ORDER Case Title RASCHELLE E. ORTNER VS ERIC J. ORTNER So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY In Re the Marriage of Raschelle E. Ortner and Eric J. Ortner Upon the Petition of RASCHELLE E. ORTNER Petitioner, And Concerning ERIC J. ORTNER Respondent. 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. CDDM001862 RESISTANCE TO CONTINUE TRIAL
Jeff Minnich CO0003709 for

NEU, MINNICH, COMITO & NEU, P.C. 721 N. Main Street P.O. Box 367 Carroll, Iowa 51401 712-792-3508 712-792-3563 (Fax) ATTORNEY FOR RESPONDENT
ORIGINAL FILED.

RASCHELLE E. ORTNER, Petitioner, v. NOTICE OF 2nd DISCOVERY RESPONSE ERIC J. ORTNER, Respondent. CASE NO. CDDM001862
COMES NOW, the Respondent, Eric J. Ortner. and states that Document Production propounded 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. 721 N. Main St. P.O. Box 367 Carroll, IA 51401 Telephone: 712-792-3508; Facsimile : 712-792-3563 jeff@nmcnlaw.com ATTORNEYS FOR RESPONDENT
2RDM00
IN RE: THE MARRAIGE OF RASCHELLE ORTNER AND ERIC JOHN ORTNER
UPON THE PETITION OF RASCHELLE ORTNER , PETITIONER, AND CONCERNING ERIC JOHN ORTNER , RESPONDENT. 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. ORDER Case No. 02811 CDDM001862
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.
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CLERK TO FURNISH COPIES TO: JON J PUK , Esq. JEFFREY ROBERT MINNICH , Esq.
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY In Re the Marriage of Raschelle E. Ortner and Eric J. Ortner Upon the Petition of RASCHELLE E. ORTNER Petitioner, And Concerning ERIC J. ORTNER Respondent. Respondent, ERIC J. ORTNER, for resistance states: 1. 2. Admitted. Admitted. CDDM001862 RESISTANCE TO MOTION TO COMPEL DISCOVERY RESPONSES
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. Mulligan, 792 N.W.2d 665, 671-72 (Iowa 2010). Notwithstanding that objection, the Respondent has provided records relating to his substance abuse treatment and enrollment in a domestic abuse intervention program, which are attached as Exhibit L WHEREFORE, Respondent, ERIC J. ORTNER, resists Petitioners Motion to Compel.
Jeff Minnich CO0003709 for
NEU, MINNICH, COMITO & NEU, P.C. 721 N. Main Street P.O. Box 367 Carroll, Iowa 51401 712-792-3508 712-792-3563 (Fax) ATTORNEY FOR RESPONDENT
2RDM01
Motion for Continuance came on for telephonic hearing on October 28, 2013. The parties appeared by their attorneys. Petitioner's attorney indicated that his trial conflict no longer existed and the attorneys indicated they believed they could work together to settle 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 PUK JEFFREY ROBERT MINNICH DISTRICT COURT ADMINISTRATOR
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2RDM00
IN RE: THE MARRAIGE OF RASCHELLE ORTNER AND ERIC JOHN ORTNER
UPON THE PETITION OF RASCHELLE ORTNER , PETITIONER, AND CONCERNING ERIC JOHN ORTNER , RESPONDENT. 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. ORDER Case No. 02811 CDDM001862
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.
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CLERK TO FURNISH COPIES TO: JON J PUK , Esq. JEFFREY ROBERT MINNICH , Esq.
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E-FILED 2013 NOV 19 2:37 PM SAC - CLERK OF DISTRICT COURT
2RDM01
Raschelle Ortner's Motion to Compel Discovery Responses came on for hearing on November 18, 2013. Raschelle requested a signed medical authorization from Eric to obtain medical records from the Domestic Abuse Intervention Program Season Center for Behavioral Health and New Opportunities Substance Abuse Treatment and Prevention Center, including history and physical, discharge summary, laboratory results, 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 deemed relevant. Eric contends that even though this case involves child custody, the requested items 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 the unpublished 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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CLERK TO FURNISH COPIES TO: JON J PUK JEFFREY ROBERT MINNICH
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E-FILED 2013 DEC 09 3:40 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY In Re The Marriage of Raschelle E. Ortner and Eric J. Ortner Upon the Petition of RASCHELLE E. ORTNER, Petitioner, DECREE OF DISSOLUTION^ And Concerning ERIC J. ORTNER, Respondent. Case No. CDDM 001862
fit
to o cn -'
NOW on this 10th day of December, 2013, this matter comes onto trial before the Court. The Petitioner, Raschelle E. Ortner, is represented by counsel, Jon J. Puk, and the Respondent, Eric J. Ortner, is represented by counsel, Jeff Minnich. The Court, after having heard all evidence introduced by both parties and being otherwise fully advised in the premises, the Court Orders as following: FINDINGS OF FACT AND CONCLUSIONS OF LAW A. B. 68005. C. D. E. F. G.
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The Court has jurisdiction of the parties and subject matter. Raschelle Ortner's address is 1601 Main Street, Bellevue, Sarpy County, NE
Eric Ortner's address is 3315 Wadsley Auburn, Sac County, Iowa 51433. The parties were married on August 19, 2006, in Sac City, Sac County, Iowa. As a result of the marriage that two (2) children have been born to the parties, Both parties have attended the mandatory custody/visitation course and their Raschelle Ortner filed her Petition for Dissolution of Marriage on or about the 31
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namely: K.J.O., born 2007, and K.E.O., born in 2013. respective certificates are on file with the Clerk of Court. day of December, 2012; and the Respondent, Eric Ortner, filed his Answer to the Petition on or about the 30 day of January, 2013.
H.
The Court hereby finds that there has been a breakdown of the parties' marriage
relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. I. The parties have come before this Court for a ruling on an equitable division of
the real and personal property of the parties, along with the marital debts, and said ruling of the Court is contained herein below. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1) Mandatory Custody/Visitation Course: Both parties have attended the mandatory custody/visitation course and their respective certificates of completion are on file with the Clerk of this Court. 2) Dissolution of Marriage: The marriage previously existing between Raschelle
E. Ortner and Eric J. Ortner is hereby dissolved, and each of the parties is restored to the full rights of a single person. 3) Custody: The parenting plan is incorporated attached hereto marked as Exhibit
A and is the order of the Court. 4) Child Support: The Respondent, Eric J. Ortner, shall pay child support in the
amount of One Thousand Eighteen Dollars and 00/100 ($1,018.00) per month, effective on the first day of the month after the entry of this Decree of Dissolution, and continuing on the 1 st day of each month thereafter until the minor child, K.J.O., turns of age under the laws of the State of Iowa (18), dies, becomes emancipated, marries or upon further order of this Court. At such time as the elder child no longer qualifies for child support, child support shall automatically be reduced to Seven Hundred Sixty Nine Dollars and 00/100 ($769.00) per month and shall continue for the remaining minor children, until the minor child, K.E.O., turns of age under the laws of the State of Iowa (18), dies, becomes emancipated, marries or upon further order of this Court; PROVIDED FURTHER, that said child support shall continue for either or all children if they are between the years of 18 and 19 years of age and are engaged full-time in completing high school graduation or its equivalency requirements in a manner which is reasonably expected to result in the completion of the requirements prior to the child reaching 19 years of age or, in any case, by further order of this Court.
All child support payments shall be made to: Clerk of District Court of Sac County Iowa Sac County District Courthouse 100 Northwest State Street, Suite 12 Sac City, IA 50583 Each child support payment shall identify the payment as child support, the case name and case number. 5) Post-Secondary Education Subsidy (Iowa Code 598.21(F): The Court finds
that the post-secondary education subsidy should be awarded pursuant to Iowa Code Section 598.21(F), but given the age of the children at the present time, the Court will reserve jurisdiction to determine such subsidies at such time the costs will be incurred if the parties are unable to agree otherwise. 6) Information (Iowa Code 598.22B): Each party shall file with the Clerk of
Court or Child Support Recovery Unit, as appropriate, upon entry of this Decree, and to update as appropriate, information on location and identity of the party, including social security number, residential and mailing address, telephone number, driver's license number, and name, address and telephone number of the party's employer. The information filed will be disclosed and used pursuant to Iowa Code 598.22B. Each party shall file the information with the Clerk of Court, or, if support payments are to be directed to the Collection Services Center as provided in Section 252B.14(2) and Section 252B.16, with the Child Support Recovery Unit. 7) Health Insurance: The Respondent, Eric J. Ortner, shall maintain health, dental
and 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 children
to the Petitioner, and if said insurance changes, upon receipt of any additional or new health insurance cards, shall immediately provide a copy of said insurance card to the Petitioner upon any such change or annual renewal. To the extent there are any out-of-pocket medical expenses that are not paid by insurance for the minor children, the Petitioner, Raschelle E. Ortner, shall pay the first $250.00, per child, per calendar year (January 1 through December 31). Any other out-of-pocket medical expenses not paid by insurance that exceed $250.00, per child, per calendar year shall be divided as follows: pro rata but currently 80% to be paid by Respondent, and 20% to be paid by Petitioner.
Uncovered medical expenses shall include, but not be limited to, all medical, hospital, ophthalmological, orthodontia/dental, optical and psychological expenses incurred on behalf of the minor child not paid by insurance. The Petitioner shall be required to provide documentation evidencing her out-of-pocket costs for medical expenses not paid by insurance that exceed $250.00, per child, per calendar year, to the Respondent. This would include itemized medical bills and/or explanations of benefits (which should be shared by the parties) identifying the outof-pocket costs of those expenses not covered by insurance for the minor children. Respondent shall reimburse the Petitioner within 15 days of receipt of said documentation for his share of the out-of-pocket medical expenses. 8) Tax Exemptions: Commencing for the 2013 tax year, each party shall be
awarded one child dependency tax exemptions for their Federal and State income tax returns. When there is only one minor child remaining, the parties will alternate the child dependency tax exemption, with the Petitioner to have the first year. Respondent's right to claim any of the child dependency tax exemptions as awarded herein is contingent on him being current on all his child support obligations by December 31 of that year in which he is entitled to claim any exemption ordered herein; both parties shall cooperate to execute any necessary documents on or before
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February 20 of the following year for each party to be awarded the child dependency tax exemption as awarded herein. 9) 2013 Income Tax Returns: The parties hereby stipulate and agree that they will
file their 2013 income tax returns, both federal and state, as single individuals. It is further agreed that each will keep any refund or pay any tax liability they have by filing separately. 10) Homestead/Real Property: The parties have acquired interest in marital real
estate located at 3315 Wadsley Avenue, Auburn, IA and legally described as follows: COON V A L L E Y LVA COMM LOT A NE NE, as shown the records of Sac County, Iowa; Said real estate shall be awarded to the Respondent, Eric J. Ortner, free and clear of any interest in the Petitioner, to be his solely, subject to any and all encumbrances, taxes and insurance against said real estate, for which he agrees to indemnify and hold the Petitioner harmless. Respondent agrees to use his best efforts to re-finance the home in his name solely within 6 months of the date of this Decree. If Respondent is unable to refinance the debt on the home on
or before the expiration of 24 months from the date of the entry of this Decree, then the house shall immediately be put up for sale and sold to remove Petitioner's name from said debt. The Petitioner shall, at the time of refinancing and/or closing on the refinancing or sale of the home, execute a quitclaim deed transferring all ownership that she has in the property to the Respondent. The parties have acquired interest in marital real estate located at 202 2 Street, Auburn, IA and legally described as follows: AUBURN INC LOT 10 BLK 10 ORIGINAL, as shown the records of Sac County, Iowa Rental property at 202 Second Street, Auburn, Iowa shall be put up for sale as soon as practical and sold. The net proceeds after closing costs, realtor's fees, mortgage, etc., shall be shared equally by and between the parties. During the pendency of this sale, Respondent shall maintain the premises and pay all the encumbrances on the home until sold. The Respondent shall be entitled to reimbursement of any reduction in principle only beginning from January 1, 2014 until sold. Both parties shall be involved in determining the reasonable commercial value for this sale and choosing a realtor to list for sale or if otherwise agreeable to sell in a different manner by mutual agreement. 11) Vehicles and Campers: The Petitioner shall be awarded her 2002 Pontiac Aztec
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and the 1997 Fifth Wheel camper and plate, free and clear of any interest in the Respondent, subject to any encumbrances thereon, from which she shall indemnify and hold the Respondent harmless. Petitioner shall refinance the vehicle or otherwise remove Respondent's name from any loan or encumbrance on said vehicle within 90 days from the date of the entry of this Decree of Dissolution. The Respondent shall be awarded his 2002 Dodge Ram, and 1976 Camper, all to be his free and clear of any interest in the Petitioner, but subject to any encumbrances or liens against said vehicles/campers, from which he agrees to indemnify and hold the Petitioner harmless. Respondent shall refinance the vehicle and campers or otherwise remove Petitioner's name from any loan or encumbrance on said vehicle within 90 days from the date of the entry of this Decree of Dissolution.
To the extent these vehicles are jointly titled, the parties shall cooperate to sign all necessary documents transferring title to the other party as ordered herein within thirty days of the date of entry of this Decree. 12) Household Goods and Personal Property: Each party shall be awarded that
personal property and household furnishings in their possession and shall be awarded the same free and clear of any interest in the other party, to be theirs absolutely. 13) Bank Accounts: Each party shall retain all right, title and interest in their
respective personal bank accounts free and clear of any interest in the other party. 14) Securities/Retirement Accounts/Pensions: The Respondent shall be awarded all
of his premarital and marital retirement 40IK with Hancock Concrete free and clear of any interest of the Petitioner, and Respondent shall be responsible for any and all loans against said funds. 15) Life Insurance Policies: Each party shall be awarded all right, title and interest
in any life insurance policies they own currently, in place through employment or otherwise, free and clear of any interest of the other party. 16) Debts: The Petitioner shall be responsible for her vehicle, medical bills for the
children through November 2013, and loan to her parents. The Respondent shall be responsible for repayment of any debt incurred on their behalf, including: House insurance; Overdrafts to bank accounts; Chase Freedom Credit Card; Visa Credit Card; Wal-Mart Credit Card; Nick Miller; Respondent's Parents, Alan and Kathy Ortner; Any outstanding medical expenses for the minor children that are not paid by insurance as of December 31,2013 Both parties shall pay any credit cards held in their names individually or any other debt held in their individual names.
The parties shall not incur any debt in the name of the other party and have not done so since the filing of the Petition herein; that the above debt is the only debt known to the parties or that either party would be responsible for and have fully disclosed the same. The any 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 all other debt incurred in his or her own name shall be that party's responsibility, from which they will indemnify and hold the other party harmless. 17) Alimony: Neither party is awarded alimony. Each party has been advised and
understand that if no alimony is awarded herein, none can be awarded at a future date. 18) Equalization Payment: The Respondent shall pay to the Petitioner the sum of
$9,000 as an equalization payment to equitably divide the marital assets between the parties, with $1,000 paid within 10 days of the entry of the decree and the balance of $8,000 paid on or before the end of September 2014. If the rental house sells before then, his share shall be paid, to the extent available from the sale of this house. 19) 20) Attorney's Fees: Each party shall pay their own attorney fees. Court Costs: Petitioner shall pay the court costs herein and receipt out for the
same and any additional court cost to be paid by the party incurring it. 21) Necessary Documents: Each of the parties shall execute and deliver to the other
party any documents that may be reasonably required to accomplish the intent of this Agreement. In the event that either party fails to comply with the provisions of this paragraph within thirty (30) days hereof, this Agreement shall constitute an actual grant, assignment and conveyance of the property and rights in each manner and with such force and effect as should be necessary to effectuate the terms of this Agreement. 22) Waiver of Breach: No waiver of any breach by either party ofthe terms of this
Agreement shall be deemed a waiver of any subsequent breach. No modification of this Agreement shall be binding upon either of the parties unless reduced to writing and subscribed by both parties and approved by the Court. 23) Captions: Paragraph titles or captions contained herein are inserted as a matter
of convenience and for reference and in no way define, limit, extent or describe the scope of this Agreement or any provision hereof.
24)
Interpretation: No provision in this Agreement is to be interpreted for or against
any party because that party or that party's legal representative drafted the provision. 25) Advice of Counsel: Each of the parties expressly certifies that they have entered
into this agreement upon mature consideration and after ample opportunity to see the advice of separate counsel, that consent to the execution of this Decree has not been obtained by duress, fraud or undue influence of any person, that no representations of facts have been made by the either party to the other, except as herein expressly set forth; that both parties have had full access to the books and records of the other and both parties have satisfactory knowledge as to the business of each other and the nature, extent and value of the property of the other party and the parties agree that this agreement is a fair an d reasonable settlement of the property and debts of the parties and is not unconscionable and is a fair and reasonable agreement as to the custody and parenting time regarding the adult dependent child. 26) Full Disclosure. Each party warrants to the other that there has been an accurate, Each party
complete and current disclosure of all income, assets, debts and liabilities.
specifically acknowledges that this agreement represents a complete division of all the assets of the parties acquired during the marital relationship and all such assets are identified herein and that neither party has given incorrect, misleading or incomplete information with respect to their incomes, assets, debts and liabilities as set forth herein. 27) Retroactive Child Support and Reimbursement. The Court finds that any
request by Petitioner for retroactive child support since the filing of this action shall be denied. Any request by Respondent to receive reimbursement for any money removed from the joint checking account shall be denied. 28) No Contact Order. The No Contact Order shall be terminated and an
appropriate filing shall be made in the criminal proceedings. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the marriage of RASCHELLE E. ORTNER and ERIC J. ORTNER, who entered into marriage on the 19 day of August, 2006, in Sac City, Sac County, Iowa, be, and hereby is, dissolved. IT IS FURTHER ORDERED that Respondent shall pay, through the Clerk ofthe District Court of Sac County, Iowa, child support for the support and maintenance for the parties' two (2) minor children the sum One Thousand Eighteen Dollars and 00/100 ($1,018.00) per month, effective on the 1st day of the month following entry of this Decree of Dissolution and 8
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continuing every month thereafter until and continuing on the 1 st day of each month thereafter until the minor child, Kale Ortner, turns of age under the laws of the State of Iowa (18), dies, becomes emancipated, marries or upon further order of this Court; PROVIDED FURTHER, that said child support shall continue for either or all children if they are between the years of 18 and 19 years of age and are engaged full-time in completing high school graduation or its equivalency requirements in a manner which is reasonably expected to result in the completion of the requirements prior to the child reaching 19 years of age or, in any case, by further order of this Court. At such time as the elder child no longer qualifies for child support, child support shall automatically be reduced to Seven Hundred Sixty Nine Dollars and 00/100 ($769.00) per month and shall continue for the remaining minor children, until the minor child, Kembrie Ortner, turns of age under the laws of the State of Iowa (18), dies, becomes emancipated, marries or upon further order of this Court; PROVIDED FURTHER, that said child support shall continue for either or all children if they are between the years of 18 and 19 years of age and are engaged full-time in completing high school graduation or its equivalency requirements in a manner which is reasonably expected to result in the completion of the requirements prior to the child reaching 19 years of age or, in any case, by further order of this Court. A copy ofthe Child support Calculation pursuant to the Iowa Child Support Guidelines is attached hereto as Exhibit "B" and incorporated herein. All child support payments shall become delinquent the day after they are due and owing and interest shall not accrue until thirty (30) days after the payments are delinquent. Delinquent child support shall accrue interest at the statutory rate for delinquent child support. IT IS FURTHER ORDERED that in the event Respondent fails to pay any child support, as such failure is certified each month by the Sac County Iowa District Court Clerk in cases in which Court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, he may be required to appear in Court on a date to be determined by the Court and show cause why such payment was not made. In the event that the Respondent fails to pay and appear as ordered, a warrant may be issued for his arrest. IT IS FURTHER ORDERED that Petitioner and Respondent shall each furnish to the clerk of the District Court of Sac County, Iowa, her or- his name, address, telephone number, Social Security number, the name and address of her or his employer, whether or not such person has access to employer-related health insurance coverage and, if so, the health insurance policy 9
information, and any other such information the Court shall deem relevant, until the child support judgment is paid in full. Petitioner and Respondent shall each advise the Clerk of the District Court of Sac County, Iowa, of any changes in such information between the time this Decree becomes effective and the date the minor children shall reach the age of majority under Iowa law, die, become self-supporting, become emancipated, enter the military, marry, or until further order of this Court. Failure to comply with this section shall be punishable by contempt. IT IS FURTHER ORDERED that each parent shall continue to have full and equal access to the education and medical records ofthe children unless the Court orders to the contrary and that each parent may make emergency decisions affecting the health or safety of his or her children while the children are in the physical custody of such parent. IT IS FURTHER ORDERED that the parties, and each of them, are ordered and directed to abide by all of the terms and conditions of the Decree as hereinabove set forth above and the terms of said Decree as above set forth shall be enforced by all remedies available for the enforcement of a judgment, including contempt proceedings. IT IS FURTHER ORDERED that the Petitioner and Respondent shall perform each and all of the agreements, covenants and conditions of this Decree, and shall the parties, or either of them, fail, refuse, or neglect within thirty (30) days from the date of execution of this Decree by the Court, unless otherwise stated in said Decree, to execute and deliver any documents necessary or required to effectuate the terms and conditions of the Decree, then in that event, this Decree shall have the same operation and effect as such required document as aforesaid. IT IS FURTHER ORDERED that the complete record shall not be waived.
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JON J. PUK, #20137 AT0006471 Walentine O'Toole McQuillan & Gordon 11240 Davenport Street P.O. Box 54025 Omaha, NE 68154-0125 (402)330-6300; Fax (402)330-6303 JJPuk@,womglaw.com Attorney for Petitioner
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY In Re The Marriage of Raschelle E. Ortner and Eric J. Ortner Upon the Petition of RASCHELLE E. ORTNER, Petitioner, PARENTING PLAN And Concerning ERIC J. ORTNER, Respondent.
Case No. CDDM 001862
Come now the parties and stipulate as follows: WHEREAS, Petitioner is RASCHELLE E. ORTNER, her address is 1601 Main Street, Bellevue, Nebraska 68005, Sarpy County; her date of birth is June 13, 1985. Petitioner is presently unemployed. Respondent is represented Jon J. Puk, Walentine, O'Toole, McQuillan & Gordon, 11240 Davenport Street, Omaha, Ne. 68154, and, WHEREAS, Respondent is ERIC J. ORTNER, his address is 3315 Wadsley, Auburn, Sac County Iowa; his birth date is April 13, 1981. Respondent is employed at Hancock Concrete Products, P.O. Box 287, Lake View, Iowa 51450. Respondent is represented by Jeff Minnich, of Neu, Minnich, Comito & Neu, P.C., 721 North Main Street, Carroll, Iowa 51401. WHEREAS, In the event a dissolution is granted, the parties hereto are desirous of entering into an amicable agreement in regard to matters involving custody of the minor children, visitation rights, support money and a division ofthe properties. IT IS THEREFORE AGREED, SUBJECT TO THE APPROVAL OF THE COURT, AS FOLLOWS: 1. BREAKDOWN OF M A R R I A G E : There has been a breakdown ofthe marriage between the parties and said breakdown has been to the extent that the legitimate objects of matrimony have been destroyed, and there remains no reasonable likelihood that the marriage can be preserved. 2. WAIVER OF CONCILIATION: Because of the breakdown of the marriage between the parties, conciliation would serve no useful purpose and the same should be waived by the Court. 3. DECREE OF DISSOLUTION: The bonds of matrimony previously existing between the parties hereto, are severed, dissolved, and held for naught, and the Petitioner, ERIC 1
J. ORTNER, and the Respondent, RASCHELLE E. ORTNER, are hereby granted a Decree of Dissolution of Marriage. WHEREAS, the Mother and Father have not been able to come to a parenting agreement freely. After evidence being introduced by the parties' counsel, and has been heard by the Court, the Court finds that it is in the best interest of the minor children to set forth the parenting plan (hereinafter called the "Plan") as follows:
A.
DEFINITIONS.
The parties hereby agree that for purposes of the Plan, the
following definitions apply: "Parenting functions" shall mean those aspects of the parent-child relationship in which the parent makes fundamental decisions and performs fundamental functions necessary of the care and development of the minor children, including but not limited to: (i) Maintaining a loving, stable, consistent and nurturing relationship with the minor children; (ii) Attending to the ongoing needs of the minor children, including feeding, clothing, physical care and grooming, supervision, and engaging in other activities appropriate to the healthy development of the minor children within the social and economic circumstances of the family; (iii) Attending to adequate education for the minor children, including remedial or other special education essential to the best interests of the minor children; (iv) (v) (vi) Assisting the minor children in maintaining a positive relationship with both parents and other family members; Assisting the minor children in developing and maintaining appropriate interpersonal relationships; and Exercising appropriate support for social academic, athletic, or other special interests and abilities of the minor children within the social and economic circumstances of the family. "Parenting Plan" shall mean a plan for parenting the minor children in consideration of the parenting functions, which Plan may be incorporated into any final decree or decree of modification. 2
"Remediation process" shall mean the method established in the Parenting Plan which provides each parent a means to resolve future circumstantial changes or conflicts regarding the parenting functions or the parenting Plan and which minimizes future litigation and utilizes judicial intervention as a last resort. B. PURPOSE AND SCOPE OF PLAN. The parties hereby agree that the
purpose and scope of the Plan shall be to: (1) Assist in developing a satisfactorily restructured family that meets the needs of all members; (2) (3) (4) Provide for the minor children's physical care; Maintain the minor children's emotional stability; Provide the minor children's changing needs as they develop in a manner which minimizes the need for future modifications to the Parenting Plan; (5) Set forth the authority and responsibilities of each party with respect to the minor children; (6) (7) Minimize the minor children's exposure to harmful parental conflict; Encourage the parties, when appropriate, to fulfill their parenting responsibilities through agreements in the Parenting Plan rather than by relying on judicial intervention; (8) Encourage mutual appropriate participation by both parties in the minor children's activities; (9) Provide both parties equal access to the minor children's medical, dental and school records (10) (11) Encourage mediation prior to litigation; and Assist both parties to articulate a visitation schedule which would be acceptable if the other party is awarded custody of the children. C. LEGAL CUSTODY: Pursuant to Chapter 598.1(5) of the Iowa Code "legal
custody or custody" means an award of the rights of legal custody of a minor child to a parent under which a parent has legal custodial rights and responsibilities toward the child. Rights and
responsibilities of legal custody include, but are not limited to, decision making affecting the child's legal status, medical care, education, extra curricular activities and religious instruction. D. CUSTODY AND SCHEDULE OF VISITATION. The parties have agreed on
issues of custody and visitation as follows: (1) The parties should be awarded joint legal custody, with primary physical custody of the minor children awarded to the Mother, subject to the reasonable and liberal visitation rights of the Father as agreed by the parties. In the event the parties cannot agree, then the minimum visitation is set forth herein. a. Both parties are to use common courtesy and common sense when dealing with each other concerning the children. They will not disparage the other in the children's presence. They will observe the following ground rules: The children will not be used to communicate messages between the parties. Disputes between the parties will not be aired in front of the children. The parties will communicate directly with each other. New spouses or significant others will not be involved in communications concerning the children. They will each have reasonable telephone access to the children when they are with the other parent. They will promptly furnish, to the other party, a copy of all sport schedules, school calendars, dance class schedules and other notices of activities, medical appointments, events and awards. This does not relieve the responsibility of the other parent from doing their own due diligence in obtaining this information via the internet or other options available to them, including contacting any person or persons with such information on their own. They will keep each other informed of his/her current telephone number, and they will not abuse that telephone number by calling for any reason other than the minor children. They will keep the other informed of an address and phone number for any care providers who may watch the children. (2) a. WEEKLY VISITATION:
(1)
K.J.O. - The Father shall have visitation every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
(2)
K.E.O. - Due to her age (3 months) and being an infant, the Father shall have a phased in visitation as follows: a. December 13, 2013 and continuing for two months: On weekends the Father has visitation with K.J.O., he shall have supervised visitation with K.E.O. at the Mother's home, or otherwise mutually agreed upon location, on Sunday on the return of K.J.O., from 3:00 p.m. until 6:00 p.m. b. After said time period above and continuing for three months, the father shall have visitation every other Sunday when returning K.J.O. from 9:00 a.m. until 6:00 p.m. This visitation shall not be supervised. c. Beginning after the completion of time period specified in paragraph b, the father shall have every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. with K.E.O. and K.J.O., with supervision of K.E.O. by Respondent's parents. d. If all previous visitation has gone without issue, then K.E.O.'s visitation shall be unsupervised and as set forth under K.J.O.'s parenting time with the father.
HOLIDAY VISITATION: The parties shall alternate possession of the minor child, K.J.O. on the following holidays. Beginning December 13, 2013, forward, after the phased in visitation for K.E.O., the parties shall alternate possession of the minor child, K.E.O., identical to that of K.J.O.'s.
(1)
EASTER: This holiday shall be defined as the weekend when Easter is nationally recognized, and shall commence on Friday at 6:00 p.m. until Sunday at 6:00 p.m.
(2)
MEMORIAL DAY WEEKEND: This holiday shall be defined as the weekend when Memorial Day is nationally recognized, and shall commence on Saturday at 9:00 a.m. and continuing until Monday at 6:00 p.m.
(3)
FOURTH OF JULY: This holiday shall be defined as July 3

th
rd
through July 5 , and shall commence at 9:00 a.m. and continuing until 6:00 p.m. (4) LABOR DAY WEEKEND: This holiday shall be defined as only that weekend when Labor Day is nationally recognized, and shall commence on Saturday at 9:00 a.m. and continuing until Monday at 6:00 p.m. (5) FIRST HALF THANKSGIVING: This holiday shall be defined as Wednesday at 9:00 a.m. until Friday at 12:00 p.m. (6) SECOND HALF THANKSGIVING: This holiday shall be
defined as Friday at 12:00 p.m. until Sunday at 6:00 p.m. (7) FIRST HALF CHRISTMAS: This Holiday shall be defined to begin on December 22 at 6:00 p.m. until December 24 at 6:00 p.m. (8) SECOND HALF CHRISTMAS: This holiday shall be defined as December 24 at 6:00 p.m. until December 26 at 6:00 p.m. In odd numbered years, Petitioner shall have visitation with the minor children on the even numbered holidays above, and Respondent shall have visitation with the minor children on the odd numbered holidays above. In even numbered years, Petitioner shall have visitation with the minor children on the odd numbered holidays above, and Respondent shall have visitation with the minor children on the even numbered holidays above. c. MISCELLANEOUS SPECIAL DAYS: The parties shall alternate
th th nd th
possession of the minor child, K.J.O. on the following additional days. 6
Beginning November 1, 2014, forward, the parties shall alternate possession of the minor child, K.E.O., identical to that of K.J.O.'s. (1) (2) CHILD(RENVS BIRTHDAY: This holiday shall be exercised during the parties' normal parenting time. MOTHER'S/FATHER'S DAY: The minor child(ren) shall be in the possession of the Mother every Mother's Day and the Father every Father's Day, both of which shall be defined as commencing at 9:00 a.m. that day and ending at 6:00 p.m. that day. (2) d. MOTHER'S/FATHER'S BIRTHDAY: This holiday shall be
exercised during the parties' normal parenting time, SUMMERTIME: The father shall be entitled three separate one week periods of seven days each (7 consecutive days) with the minor child, K.J.O.; and after the completing of phased in visitation regarding K.E.O. as set forth above. If Respondent's vacation plans require longer than seven days, (but in no event greater than 10), he shall be allowed to do so which shall count towards his three weeks of summer visitation. The Petitioner shall have one period of vacation for ten days during each summer as well. In the summer 2014, the Respondent, father, shall have priority to select his summer time vacation and must do so in writing setting forth his three separate one week periods and/or any vacations that may take 10 days in said period on or before April 15 preceding the summer by notifying the mother via e-mail. The Petitioner, mother, shall then notify the father, Respondent of her one 10 day period of vacation in even-numbered years for summer no later than May 15 preceding the summer vacation. In odd-numbered years the Petitioner, mother, shall have priority to select her 10 day summer period of vacation and the father shall select his summer vacation on or before May 15 preceding the summer. During the summer vacation time the vacationing parent shall provide emergency phone contacts where the vacationing parent and the
children will be located and may be reached. This will include address and telephone numbers where the children are staying. Both parties shall exercise their periods of vacation which shall always start over their regularly scheduled weekend on a Friday. All holiday and special event visitation shall supersede any other regularly scheduled visitation. All transportation for weekly, holiday or summer visitation shall be by the Father for pick up and drop off. All transportation necessary for therapy or school for the minor children not otherwise specified shall be provided by the Mother. The parties shall cooperate with each other in seeing that the children return to the other party's home any objects the children may take with them to the other parent's home. Care shall be taken by each parent to see, to the greatest extent possible, that items purchased for the children by one parent and taken to the home of the other parent are treated respectfully and returned to the other parent at the conclusion of the parenting time. Transportation. Respondent shall be responsible for all transportation for the first six months following the entry of the decree and following that period, except when specifically stated otherwise, Petitioner and Respondent shall equally share transportation as can be agreed. If the parties cannot agree, the Respondent will pick the children up at the end of his visitation and the Petitioner will deliver the children at the beginning of Respondent's visitation. The parties shall notify each other if they cannot be at the residence or pick-up designation at the specified time; if a party has not been notified and the other party is not present at the time of transporting the child the party delivering the child shall only be obligated to wait for 30 minutes and then it is the other party's responsibility to transport the child. D. ACTIVITIES: Each parent shall inform the other of the children's social and
extracurricular activities as soon as such information becomes available, so that both parents might participate where possible and appropriate. Each party agrees to keep the other party informed as soon as such information becomes available regarding practices, games, recitals or other special events. Each party agrees to take the children to games, practices, recitals, and the like, when the children are with that party for parenting time.
F.
INFORMATION: Both parents shall be entitled to full and complete information
about the minor children from any school, church, physician, counselor, dentist, orthodontist or other persons or Organizations involved with their children. Each parent agrees to share information about their minor children as soon as the same becomes available, concerning but not limited to the school's parent-teacher conferences, grade reports, medical or dental treatment and counseling. Both parents agree to inform and provide the other as soon as it becomes available, with all necessary information regarding the minor children, including access to school, governmental, law enforcement, medical and health-related records and access to all teacher, government officials and officers, doctors, and other professionals having contact with the children. Such information and contact shall be available to each parent without notice to or further consent of the other. Each parent shall have the right to attend parent/teacher conferences, receive school mailings, receive report cards, meet with school counselors, attend school functions or sessions involving the children, and each agrees to execute any releases, waivers, or other documents that may be necessary to enable the other to enjoy these rights. The names of both parents will appear on all medical and school records and both will have access to all such information. Both parents may initiate emergency medical and/or dental treatment for the children and agree to notify each other of any significant illness, injury or emergency treatment. Each parent is responsible for notifying the school that he.or she wishes to be included on the mailing list and be notified of conferences and events, as well as, receiving copies of report cards, progress reports, and all other pertinent information. The parents acknowledge that all communications about the children will be conducted between the biological parents only, regardless of future relationships. G. COOPERATION: Both parents recognize that their children's best interest
require the utmost cooperation between the Mother and the Father. To this end, neither party shall disparage the other, or in any way denigrate the other party, in any activity or communication involving the children. Further, each shall cooperate with the other to the fullest extent necessary, in order to foster and promote a safe, secure and loving environment for the children. H. REMEDIATION: The parties shall make a good faith effort to resolve new issues
arising after this Decree through the remediation process. The remediation process shall 9
minimize the minor children's exposure to parental conflict and encourage mutual agreement without judicial intervention. Each parent agrees to attempt to resolve all conflicts concerning the children, including schedule, activities and the like through the remediation process prior to the filing of any court action. I. NECESSARY DOCUMENTS: Each ofthe parties shall execute and deliver to the
other party any documents that may be reasonably required to accomplish the intent of this Plan and shall do all other things incident to this agreement.
10
APPROVED AS TO FORM & CONTENT:
1^Â^Z^^(îH^^
RAXCHELLE E. ORTNER
Dated
7
APPROVED AS TO F O R M & CONTENT:
Dated
I3J/0/Q
ERIC J. ORTNER
11
S
STATE OF IOWA, Plaintiff, ) No. FECR012218 TERMINATING NO CONTACT ORDER o
Vs.
ERIC ORTNER, Defendant. Now on this 10
th
day of December, 2013, the joint Motion to
Terminate No Contact Order comes before the Court. The Court is fully advised in the premises. The County Attorney, Defendant's attorney, Defendant and Raschelle Ortner all agree that the No Contact Order between Eric Ortner and Raschelle Ortner should be terminated. ORDER IT IS THEREFORE ORDERED that the No Contact Order between Eric Ortner and Raschelle Ortner is hereby terminated. Approved as to form:
PC fed
oo j>o a*-
Clerk to provide copies to: Counsel of record County Attorney
E-FILED 2013 DEC 17 8:54 A M S A C - C L E R K OF DISTRICT C O U R T
IN THE IOWA DISTRICT COURT FOR SAC COUNTY In Re the Marriage of Raschelle E. Ortner and Eric J. Ortner
Upon the Petition of CDDM001862 RASCHELLE E. ORTNER Petitioner, INCOME WITHHOLDING ORDER And Concerning ERIC J. ORTNER Respondent.
State of Iowa, County of GstttSSn -S^^ Date of Notice Court/Case Number CDDM001862 Employer Name and Address:
Original Order/Notice Amended Order/Notice Order/Notice to Terminate
Superior Industries Hancock Concrete Products, LLC 17 Atlantic Ave. Hancock, MN 56244
RE: Employee/Obligor's Name (Last, First, MI): Employee/Obligor's SSN: Employee/Obligor's Case Number: Custodial Parent's Name (Last, First, MI): Children's Name(s): DOB: K.J.O K.E.O.
ERIC J. ORTNER CDDM001862 RASCHELLE E. ORTNER D.O.B.: 2007 D.O.B.: 2013
NOTICE I N F O R M A T I O N : This is a Notice to Withhold Income for Child Support based upon an order for support from The District Court of Iowa, Sac County. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if this Notice is not issued by your state. X If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. $1,018.00 per month in current support beginning on January 1, 2014. $ per in past-due support $ per in medical support $ per in other (specify)
E-FILED 2013 DEC 17 8:54 AM SAC - CLERK OF DISTRICT COURT
$ $
per per
in other (specify) in other (specify)
for a total of $1,018.00 per month to be forwarded to the payee below. You do not have to does not match the much to withhold: $235 $470 $509 $1,018 vary your pay cycle to be in compliance with the support order. If your pay cycle ordered support payment cycle, use the following calculations to determine how per weekly pay period. per biweekly pay period (every two weeks). per semimonthly pay period (twice a month). per monthly pay period.
R E M I T T A N C E I N F O R M A T I O N : Follow the laws and procedures in the State of the employees/obligor's principal place of employment even if such laws and procedures are different from the following paragraph: You must begin withholding no later than the first pay period occurring 10 days after the date of this Notice. Send payment within 7 state business days of the paydate/date of withholding. You are entitled to deduct a fee of up to $2.00 to defray the cost of withholding. The total withheld amount, including your fee, cannot exceed 50% of the employee/obligor's aggregate disposable weekly earnings. To determine the aggregate disposable weekly earnings, please refer to #9 on the next page. When remitting payment provide the paydate/date of withholding and the case number . If remitting by EFT or EDI process, use this FIPS code*: ;_bank routing code*: ; Bank account number*: . Make it payable to: Collection Services Center P0 Box 9125 Des Moines, IA 50306-9125
Print Name: ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 1. Priority: Withholding under this Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below to determine which request has the highest priority. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income In a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that Is attributable to each employee/obligor. 3. Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when
sending the payment. The paydate/date of withholding is the date on which the employee is paid and controls the income, i.e. the date the income check or cash is given to the employee, or the date on which the income is deposited directly in his/her account. 4. Employee/Obligor with Multiple Support Withholdings: If you receive more than one Notice against this employee/obligor and you are unable to honor them all in full because together they exceed the withholding limit of the State of the employee's principal place of employment (see #9 on the next page), you must allocate the withholding based on the laws of the State of the employee's principal place of employment. If you are unsure of that State's allocation law, you must honor all Orders or Notices' current support withholdings before you withhold for any arrearages to the greatest extent possible under the withholding limit. You should immediately contact the last agency that sent you a Withholding Order or Notice to determine the allocation law of the state of the employee's principal place of employment. 5. Termination Notification: You must promptly notify the issuing agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Notice to the agency identified below. EMPLOYEE'S / OBLIGOR'S NAME: ERIC J. ORTNER EMPLOYEE'S CASE NUMBER: CDDM001862 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S ADDRESS INFORMATION: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have questions about lump sum payments, contact the person or authority listed below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and any other penalties set by State law, You are guilty of a simple misdemeanor. You may be charged costs, interest and reasonable attorney fees related to the collection of the amounts due. 8. Anti-discrimination: You are subject to a fine determined under State law, for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of a child support withholding. Taking of any of these actions means you are guilty of a simple misdemeanor. A withholding order has the same force and effect as any other district court order, including, but not limited to, contempt of court proceedings for noncompliance. 9. Withholding Limits: You may not withhold more than the lesser of: a) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. The Federal COPA limit is 50% of the ADWE for child support and alimony, which is increased by: 1) 10% if the employee does not support a second family; and/or 2) 5% if arrears are more than 12 weeks old. 10. Other Information: This Order/Notice is binding on current and future income withholders 10 days after receipt. Payments shall be mailed to the designated payee within seven business days. "Business day" means a day on which the State oflowa offices are open for regular business. For UIFSA
income withholding, follow the laws in the employee's/obligor's principal state of employment to determine the following: a) The fee for processing a payment, b) The maximum percentage to withhold, c) The time periods to start the withholding and when to mail the payments, d) Any terms or conditions not already specified. 11. Contesting the Income Withholding: The employee/obligor may move to quash an income withholding order or a notice of income withholding by filing a motion to quash with the clerk of court. Grounds for contesting a withholding order include the following: a. A mistake of fact for purposes of a motion to quash means an error in the amount withheld for payment, or the amount ordered to be withheld, or the identity of the obligor. b. For immediate Income withholding only, good cause or a written agreement existed at the time of Implementation of the withholding. Or the employee/obligor may contact a private attorney. Issuing Agency: Clerk of Court Sac County Courthouse 100 N.W. State St. Suite 12 Sac City, IA 50583
Original Filed. Clerk to provide copies to: Employer Jon J. Puk PO Box 540125 Omaha, NE 68154 Jeff Minnich Neu, Minnich, Comito & Neu, P.C. 721 N . Main St. P.O. Box 367 Carroll, IA 51401
State of Iowa Courts Type: Case Number CDDM001862 ORDER FOR IMMEDIATE INCOME WITHHOLDING Case Title RASCHELLE E. ORTNER VS ERIC J. ORTNER So Ordered
Second Judicial District of Iowa Electronically signed on 2013-12-17 08:54:39 page 5 of 5

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

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

NOTICE REGARDING ELECTRONIC FILING

New rules apply to electronically filed cases.

You must protect private information when using EDMS.

Training and technical support are available for EDMS.

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

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

NOTICE REGARDING ELECTRONIC FILING

New rules apply to electronically filed cases.

You must protect private information when using EDMS.

Training and technical support are available for EDMS.

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

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

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

E-FILED 2013 MAR 25 9:17 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN RE: THE MARRIAGE OF RASCHELLE ORTNER AND ERIC JOHN ORTNER

E-FILED 2013 MAR 25 9:17 AM SAC - CLERK OF DISTRICT COURT

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

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

ORDER FOR TRIAL ON PETITION FOR DISSOLUTION OF MARRIAGE

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

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

Electronically signed on 2013-04-01 13:04:00

E-FILED 2013 APR 02 1:38 PM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA004

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2013 APR 02 1:38 PM SAC - CLERK OF DISTRICT COURT

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

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

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

Docket Code = OSTR

E-FILED 2013 APR 19 12:24 PM SAC - CLERK OF DISTRICT COURT

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

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

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

E-FILED 2013 AUG 23 9:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN RE: THE MARRIAGE OF RASCHELLE ORTNER AND ERIC JOHN ORTNER

E-FILED 2013 AUG 23 9:50 AM SAC - CLERK OF DISTRICT COURT

Electronically signed on 2013-08-23 09:50:05

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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