decree of dissolution - cddm001887
TRANSCRIPT
E-FILED 2013 DEC 19 11:22 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 19 11:22 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 19 11:22 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
In Re the Marriage of Wendy Lynn Martin and Lonnie Ray Martin
UPON THE PETITION OF : CDDM NO. _____________
WENDY LYNN MARTIN, :
: ORDER
Petitioner, :
:
AND CONCERNING :
LONNIE RAY MARTIN, :
:
Respondent. :
______________________________________________________________________________
This matter comes before the Court on the application for leave to proceed in forma
pauperis and supporting affidavit, pursuant to Iowa Code Chapter 610. Having reviewed the
application and affidavit, the court approves the Request to Proceed in Forma Pauperis. It is
therefore ordered that the Clerk shall file the Petition in this matter without prepayment of filing
fees, the Sheriff shall serve all necessary process without prepayment.
E-FILED 2013 DEC 20 9:12 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case TitleCDDM001887 IN RE THE MARRIAGE OF WENDY MARTIN & LONNIE
MARTIN
So Ordered
Electronically signed on 2013-12-20 09:12:39 page 2 of 2
E-FILED 2013 DEC 20 9:12 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 23 10:47 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 23 10:47 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 JAN 02 1:25 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 JAN 02 1:25 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 JAN 02 1:25 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 JAN 02 1:25 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
UPON THE PETITION OF )WENDY LYNN MARTIN ) No.CDDM001887
)Petitioner,, )
) STIPULATION AND) SETTLEMENTAGREEMENT
AND CONCERNING )LONNIE RAY MARTIN )
)Respondent. )
This Stipulation and Settiement Agreement is entered into betweenWendy Lynn Martin, Petitioner and Lonnie Ray Martin, Respondent. Both
parlies desire an amicable settlement of all their rights, duties and
obiigations growing out of their past marital relationship and growing out of
the issues presented in this cause.
IT IS AGREED, SUBJECT TO TFIE APPROVAL OF THE COURT, AS
FOLLOWS:
1. BREAKDOWN OF MARRIAGE: There has been a breakdown of the
marriage relationship 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 preserued.
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.
3. PERSONAL PROPERTY: The parties have previously divided theirpersonal property. Each party shall be awarded the personal property in his
or her possession at the time a decree is entered heretn'
4. CUSTODY. VISITATION AND SUPPORT: The parties shall havejoint legal custody of L.R.M., Jr. Wendy shall be awarded primary care.
Lonnie shall have such visitation rights as are reasonable beginning at such
E-FILED 2014 MAR 17 4:33 PM SAC - CLERK OF DISTRICT COURT
time as he may be released from incarceration. The Court retainsjurisdiction to determine the precise nature and times of visitation upon theapplication of either party.
Lonnie shall pay child support as determined by the Iowa Child SuppotlGuidelines as enforced by the Iowa Department of Human Services ChildSupporl Recovery Unit. Such support shall continue until such time asL.R.M., Jr. attains the age of eighteen years or graduates from high school,whichever occurs later. Supporl shall be paid to Collection Services Center,P.O. Box 9215, Des Moines, IA 50306-9125. All sums submitted shall belabeled to identify the respondent and shall further be labeled by thefbllci'ring case number: Sac Countl' CDDMOO 1 88 7.
6. MEDICAL SUPPORT: Wendy shall provide health insurance for the
child at such time as he is no longer eligible for Title XIX' Wendy shalllikewise be responsible for non-covered rnedical costs for the child.
7. INCOME TAX EXEMPTIONS: Wendy shall be entitled to claim the
child as a dependant for purposes of state and federal income tax.
8. ATW: Each party shall be responsible for
their own attomey fees.which are not waived.
each be responsible for any couft costs
9. FULL AND COMPLETE AGREEMENT: This agreernent shallrepresent the full, complete and frnal settlement of the parties' rights, titles,
interests, duties and obligations growing out of the marriage of the parties.
Each party covenants and agrees not to make any furlher claims against the
other anci each pany reieases the other irom ail claims of inheritance anci
dower which had existed because of the marriage relationship. Each pafty
agrees to execute and deliver to the other any titles, deeds or otherdocuments deemed necessary or convenient to carry out any ofthe terms or
conditions of this agreement. This agreement shall inure to and bind the
heirs, executors, administrators and assigns of the parties hereto.
- l q t r - 0 ^Dated this I l-day of r'//ktah .2014
Wendy shall
Petitioner
E-FILED 2014 MAR 17 4:33 PM SAC - CLERK OF DISTRICT COURT
Dated this /otl,rday of f\on4!^' , 2014
Approved as to form:
Charles A. Schulte, Attomey for Peiitioner
DISCLAIMER
The undersigned, Lonnie Ray Martin, understands that Charles A.
Schulte represents the interests of the Petitioner Wendy Lynn Martin only.
Charles A. Schulte has given the undersigned no legal advice whatsoever;
has recommended that the undersigned seek independent legal counsel and
has given no indication to the undersigned as to the advisability of entering
into this asreement.
E-FILED 2014 MAR 17 4:33 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
In the matter of the Marriage of Wendy Lynn Martin and Lonnie Ray Martin
Upon the Petition of )
) No. CDDM001887
Wendy Lynn Martin, )
Petitioner, ) DECREE OF DISSOLUTION
) OF MARRIAGE
And Concerning )
)
Lonnie Ray Martin, )
Respondent. )
___________________________________
This matter comes on for hearing. The Petitioner appears along with her attorney,
Charles A. Schulte. The respondent has neither appeared, answered or filed a motion
herein, but has signed a stipulation and settlement agreement. More than ninety days
have elapsed since the respondent was served with original notice of this action. The
Court has jurisdiction of the parties and the subject matter herein. The matter proceeds to
hearing and the Court is presented with a Stipulation and Property Settlement agreement
which has been signed by both parties. The Court examines the same and finds it to be
fair and equitable. The Court having read the pleadings and the file contents, having
heard the evidence presented by the petitioner; having heard the statements of Counsel
and being fully advised in the premises finds that there has been a breakdown of the
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.
The necessary waiting period prescribed by law has elapsed and efforts at reconciliation
have failed.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the parties
are hereby granted a dissolution of marriage and each party is hereby restored to all the
rights and privileges of unmarried persons.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Stipulation
and Property Settlement Agreement on file herein is approved and the same is adopted
and made a part of this decree the same as if fully set forth.
IT IS FURTHER ORDERED that the petitioner shall be responsible for any court
costs not waived.
IT IS FURTHER ORDERED that the parties shall comply with Iowa Code
Section 598.22B.
E-FILED 2014 MAR 27 10:44 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: DECREE OR FINAL SUPPORT ORDER
Case Number Case TitleCDDM001887 WENDY LYNN MARTIN VS. LONNIE RAY MARTIN
So Ordered
Electronically signed on 2014-03-27 10:44:34 page 2 of 2
E-FILED 2014 MAR 27 10:44 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
Wendy Lynn Martin, )
Petitioner, ) CDDM001887
) MOTION FOR
vs. ) ORDER NUNC PRO TUNC
)
)
Lonnie Ray Martin, )
)
Respondent. )
_________________________________________________
COMES NOW The Petitioner and for her application states:
1. The Court entered a Decree of Dissolution of Marriage in this cause
on March 27, 2014.
2. The petitioner failed to ask the court for restoration of her maiden
name.
WHEREFORE, Petitioner prays the Court to enter an order nunc pro
tunc restoring her to her maiden name: Wendy Lynn Anderson.
Respectfully submitted,
/S/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
E-FILED 2014 MAR 28 10:34 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
Wendy Lynn Martin, )
Petitioner, ) CDDM001887
)
vs. ) ORDER NUNC PRO TUNC
)
)
Lonnie Ray Martin, )
)
Respondent. )
_________________________________________________
Petitioner’s application comes on before the Court and the Court
being fully advised determines that the application should be granted.
IT IS THEREFORE ORDERED NUNC PRO TUNC, that the Decree
of Dissolution of marriage entered herein on March 27, 2014 is hereby
amended to provide as follows:
IT IS FURTHER ORDERED: The petitioner is hereby restored to her
maiden name and shall hereafter by known as Wendy Lynn Anderson.
E-FILED 2014 MAR 28 2:39 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case TitleCDDM001887 WENDY LYNN MARTIN VS. LONNIE RAY MARTIN
So Ordered
Electronically signed on 2014-03-28 14:39:44 page 2 of 2
E-FILED 2014 MAR 28 2:39 PM SAC - CLERK OF DISTRICT COURT