Order of Disposition - CDDM001896

E-FILED 2014 MAR 25 3:28 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

In Re The Marriage of Robert Tilley and Brandy Tilley

Upon the Petition of *

ROBERT TILLEY, * NO. CDDM001896

Petitioner, * ORDER TO APPEAR

And Concerning *

BRANDY RIPLEY, f/k/a Brandy Tilley, *

Respondent. *

____________________________________

The Application of the Respondent to cite the Petitioner for contempt of court comes

before the Court; and the Court having reviewed the file and being fully advised in the premises

finds that said Application should be set down for hearing as hereinafter ordered.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED by the Court that the

Petitioner, Robert A. Tilley, shall appear in Court before the undersigned or any other Judge of

this judicial district to show cause why he should not be held in contempt of this Court and

punished accordingly, and that said hearing should be held on the 5th day of May, 2014, at 10:00

a.m. at the Sac County Courthouse, Sac City, Iowa.

IT IS FURTHER ORDERED that the Petitioner may be served with this Order and the

Clerk’s Rule to Show Cause by mailing the same to the Petitioner at his last known address, 418

N. 12th

Street, Sac City, IA 50583. Mailing shall be made at least 10 days before the hearing

date and mailing shall be made by the Sac County Clerk of Court.

Further proceedings may then be had and testimony taken as provided by law.

E-FILED 2014 MAR 27 9:13 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: ORDER SETTING HEARING

Case Number Case TitleCDDM001896 ROBERT TILLEY V. BRANDY RIPLEY F/K/A BRANDY TILLEY

So Ordered

Electronically signed on 2014-03-27 09:13:35 page 2 of 2

E-FILED 2014 MAR 27 9:13 AM SAC - CLERK OF DISTRICT COURT





IN THE IOWA DISTRICT COURT FOR SAC COIJN'TY

In Re the Marriage of Robert A. l illey and Brandy 'Iilley

UPON THE PETITION OF

Roberl Tilley.

Petitioner,

AND CONCERNING

Brandy Ripley. f/k/a Brandy Tilley.

CDDMOO I896

RESPONSE OF PETITIONERTO APPLICATION TO SHOWCAUSE RE CONTEMPT

Respondent.

The Petitioner, Robert Tilley. responds to the Application fbr Petitioner to Show Cause

Re Contempt as lbllows:

I . As pertains the allegations of paragraphs | ,2, 3 & 4, the Petitioner alleges that the

correct venue for this case is Cerro Gordo County where the Decree was entered and

affirmatively alleges that the Sac County District Court has nojurisdiction to enfbrce the Cerro

Gordo County Decree.

2. As concerns tl.re remaining allegations ofthe Application, the Respondent alleges that

whatever failure to abide by the precise terms of the Decree exists. was unintentional. not willlul

and the result ofcircumstances bevond Petitioner's control.

WHEREFORE. the Petitioner. Roberl Tilley. prays the Court to dismiss the application at

the Respondent's cost.

E-FILED 2014 APR 04 1:45 PM SAC - CLERK OF DISTRICT COURT

Respectf ul ly submitted,

SCHULTE LAW FIRM, I, C421 Main, P.O. Box 392Sac City, lA 50583Ph. (712) 662-47lsFax No. (712) 662-488,+

es A. Schulte, #A

E-FILED 2014 APR 04 1:45 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 APR 07 11:11 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 APR 07 11:11 AM SAC - CLERK OF DISTRICT COURT

2RDM02


IN RE THE MARRIAGE OFAND ROBERT TILLEY

UPON THE PETITION OF , PETITIONER, AND CONCERNING ROBERT TILLEY , RESPONDENT.

Case No. 02811 CDDM001896 COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For Plaintiff/Petitioner: Bruce BeckerFor Defendant/Respondent: Chuck SchulteOther: Information required by Iowa Rule of Civil Procedure 1.903(3):I, Michelle Phillips, am providing the following information as required by Iowa Rule of Civil Procedure1.903(3): 1. The type of proceeding that was reported: Contempt 2. The date(s) on which the proceeding occurred: May 5, 2014 3. The name of the court reporter who reported the proceeding: Michelle Phillips 4. The name of the judge who presided over the proceeding: Bice 5. The reporting fee for the proceeding: $40 6. We, the undersigned judge before whom the above-entitled case was tried, and the official courtreporter who, by order of the Court, reported the same, do hereby certify that the above and foregoingis the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause madeand taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section624.10. /s/Michelle Phillips _________________________________________

1 of 3

E-FILED 2014 MAY 05 1:52 PM SAC - CLERK OF DISTRICT COURT

2 of 3


State of Iowa CourtsCase Number Case TitleCDDM001896 ROBERT TILLEY V. BRANDY RIPLEY F/K/A BRANDY

TILLEYType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered

Electronically signed on 2014-05-05 13:53:00

3 of 3



In Re The Marriage of Robert Tilley and Brandy Tilley Upon the Petition of * ROBERT TILLEY, * NO. CDDM001896 Petitioner, * ORDER And Concerning * BRANDY RIPLEY, f/k/a Brandy Tilley, * Respondent. * ____________________________________ A contempt hearing was held on May 5, 2014. The parties appeared with their attorneys

of record.

The original action was filed in Cerro Gordo County. The present application was filed

to address issues regarding the Petitioner’s failure to comply with the Divorce Decree. At the

hearing this Court inquired as to the residence of the Petitioner and it was confirmed that he has

been a resident of Sac County, Iowa, for over one year. The Respondent and the parties’ minor

child also have resided in Sac County, Iowa, for over a year. The Petitioner, through counsel,

argued to the Court that the application should properly be heard in Cerro Gordo County. The

Court finds that the significant contacts between the interested parties is indeed Sac County and

venue is proper in Sac County.

The Court has taken judicial notice of the Decree of Dissolution of Marriage filed in the

Iowa District Court for Cerro Gordo County on or about November 7, 2012, and the ruling

pursuant to IRCP 1.904 filed in that Court on or about December 17, 2012. The application for

Petitioner to show cause regarding contempt was filed on March 25, 2014. The contents of the

application were sworn to by Brandy on March 25, 2014. In making it’s findings this Court has

E-FILED 2014 MAY 06 9:33 AM SAC - CLERK OF DISTRICT COURT

considered the sworn testimony of the parties and Exhibits offered by the Respondent in support

of her application.

THE COURT FINDS:

1. Robert has failed to pay Brandy $3,478.50 as reimbursement of the 2011 tax refund

which was to be paid in full by December 18, 2012. Accordingly, the Court finds Robert in

contempt for willfully failing to timely make the payment.

2. Robert has failed to pay Brandy $4,100.00 for property settlement with monthly

amounts of $200.00 beginning November 1, 2012. Accordingly, the Court finds Robert in

contempt for willfully failing to timely make the payments.

3. Robert has filed to pay Brandy child support in the amount of $295.00 per month and

medical support in the amount of $67.00 per month beginning December 1, 2012, and Robert is

delinquent in making those payments in the sum of $6,419.95. Accordingly, the Court finds

Robert in contempt for willfully failing to timely make the payments.

4. Robert was to claim Tanner has a dependency exemption for income tax purposes in

odd numbered years only if he was current in his child support at the end of the calendar year.

Robert is was not current on his child support in calendar year 2013 and the Court finds Robert

in contempt for willfully claiming Tanner on his 2013 tax return in violation of the Decree.

5. Robert was to pay the debt on the Clear Lake, Iowa, home and hold Brandy harmless

from the debt and the Court finds that Robert failed to make the payments on the house note and

as a result Brandy was sued in a foreclosure action by the lienholder. Accordingly, the Court

finds Robert in contempt for failing to pay the debt on the Clear Lake, Iowa, home as ordered by

the Decree.


6. Because contempt by Robert has been established as set forth above, the Court does

not rule on the items of personal property that Brandy alleges has not been returned to her by

Robert or if returned, have been damaged.

7. By virtue of Robert’s contempt, Robert shall reimburse Brandy $800.00 towards her

attorney fees, $50.00 in court costs, and $15.50 in service fees.

IT IS THEREFORE ORDERED Robert is adjudicated in contempt of Court and as

punishment is sentenced to fourteen (14) days in the Sac County jail; however the mittimus shall

not issue and Robert shall be given the opportunity to purge his contempt. He may purge his

contempt by: (1) Paying to Brandy the sum of $13,998.45 for reimbursement of the 2011 tax

refund, the property settlement, and unpaid child support through the date of the contempt

hearing which sum must be paid to the Sac County Clerk of Court on or before July 1, 2014; (2)

Paying costs Brandy incurred for attorney fees, court costs, and service fees in the sum of

$865.50 to the Sac County Clerk of Court on or before July 1, 2014. If Robert fails to purge his

contempt, Brandy may request the issuance of mittimus. Judgment for attorney fees in the sum

of $800.00 is entered in favor of Brandy and against Robert and court costs are taxed to Robert.


State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleCDDM001896 ROBERT TILLEY V. BRANDY RIPLEY F/K/A BRANDY TILLEY

So Ordered

Electronically signed on 2014-05-06 09:33:11 page 4 of 4


Documents

Order of Disposition - CDDM001896