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Decree of Dissolution - CDDM001887

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Page 1: Decree of Dissolution - CDDM001887
Page 2: Decree of Dissolution - CDDM001887

E-FILED 2013 DEC 19 11:22 AM SAC - CLERK OF DISTRICT COURT

Page 3: Decree of Dissolution - CDDM001887

E-FILED 2013 DEC 19 11:22 AM SAC - CLERK OF DISTRICT COURT

Page 4: Decree of Dissolution - CDDM001887

E-FILED 2013 DEC 19 11:22 AM SAC - CLERK OF DISTRICT COURT

Page 5: Decree of Dissolution - CDDM001887

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

Page 6: Decree of Dissolution - CDDM001887

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

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E-FILED 2013 DEC 23 10:47 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2013 DEC 23 10:47 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 JAN 02 1:25 PM SAC - CLERK OF DISTRICT COURT

Page 10: Decree of Dissolution - CDDM001887

E-FILED 2014 JAN 02 1:25 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 JAN 02 1:25 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 JAN 02 1:25 PM SAC - CLERK OF DISTRICT COURT

Page 13: Decree of Dissolution - CDDM001887

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

Page 14: Decree of Dissolution - CDDM001887

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

Page 15: Decree of Dissolution - CDDM001887

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

Page 16: Decree of Dissolution - CDDM001887

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

Page 17: Decree of Dissolution - CDDM001887

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

Page 18: Decree of Dissolution - CDDM001887

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

Page 19: Decree of Dissolution - CDDM001887

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

Page 20: Decree of Dissolution - CDDM001887

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