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E-FILED 2014 MAR 04 4:17 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

DEPARTMENT OF HUMAN SERVICES


Petitioner,

No. __________

vs.

NOTICE OF REGISTRATION OF
FOREIGN SUPPORT ORDER(S)

SHAUN HAROLD WARNKE,


Respondent.
To:
Registering Party:
STATE OF OKLAHOMA

Nonregistering Party:
SHAUN H. WARNKE
LAURA L. BROWN

Each of you are notified, according to Iowa Code Section 252K.601, that:
1. The State of Iowa, Department of Human Services, has registered the order(s) of support [together with
any supporting documents and relevant information filed with the order(s)] attached as Exhibit 1. The amount of the
alleged arrears for the orders registered in this action is $50,066.73 as of 12/2013 as stated in the Affidavit of Arrears
attached as Exhibit 2. This registration proceeding does not adjudicate arrears due under orders, including Iowa
orders, which are not listed in Exhibits 1 and 2. The arrears: include interest. The State of Iowa has reserved any and
all other support issues including, but not limited to, unreimbursed medical expenses, because at the time the
Registration Statement was filed it did not have sufficient information available to litigate other forms of support that
may be at issue in this case.
2. The State of Iowa has requested registration for enforcement (subject to later modification if Iowa can
assume continuing, exclusive jurisdiction).
Registration alone does not make the order(s) subject to modification in Iowa. Whether the order(s) are or are not
subject to modification in Iowa is contingent upon which state has continuing, exclusive jurisdiction. 28 U.S.C.
Section 1738B and Iowa Code sections 252K.611 & 252K.613.
3. Take notice that, pursuant to Iowa Code Section 252K.603, a registered order is enforceable as of the
date of registration in the same manner as an order issued by a tribunal of Iowa.
4. Take notice that, if you want to contest the validity or enforcement of a registered order in Iowa,
you must ask for a hearing in writing within twenty (20) days after the date of mailing or personal service of
this Notice of Registration of Foreign Order of Support. Your request for hearing must be filed at the Clerk of
Court at the address designated below. If you ask for a hearing to contest the validity or enforcement of this
registered order, the Court will schedule the matter for hearing and notify the parties of the date, time, and place of
the hearing.
5. Take notice that a party may try to vacate this registration by asserting any defense to an allegation of
non-compliance with the registered order(s); or contest the remedies being sought; or the amount of any alleged
arrearages; or the registration process and has the burden of proving one or more of the defenses under Iowa Code

470-3463 (Rev 07/2012)

NOTICE OF REGISTRATION -- (pg. 2)

Section 252K.607. To challenge the amount of the ongoing support order, you must file for modification in the state
with continuing, exclusive jurisdiction, as the amount of the ongoing support is not subject to challenge in the
registration proceedings.
6. Take notice that failure to contest the validity or enforcement of the registered order(s) or the
registration process in a timely manner will result in confirmation of the order(s) by operation of law and
enforcement of the order(s) and the alleged arrearages and precludes further contest of the order(s) with respect to
any matter that could have been asserted and of the amount of the alleged arrearages.
7. This is your official notice:
a. The income of the payor is subject to immediate income withholding, according to section 252D.8(1).
Until the income provider withholds the required amount of support, it is the payors responsibility to
ensure payment is made to the Collection Services Center.
b. The installment payment method does not prevent the Child Support Recovery Unit (the Unit) from
collecting the accrued support and/or any delinquent support by any means provided by law, including, but
not limited to, an interception of income tax refunds, attachment of liens, income withholding, and levy of
accounts at financial institutions. When payments become delinquent in an amount equal to the payment
for one month, according to chapter 252D, the Unit may order the withholding for payment of support set
at an amount in accordance with 441 IAC chapter 98, division II, or according to chapter 252I, the Unit
may execute an administrative levy on the payors financial institutions.
c. According to section 252B.23, if support in arrears is referred to a collection entity, a surcharge may be
assessed to the payor, and information may be provided to a collection entity for purposes of administering
and enforcing the surcharge. The amount of the surcharge is a percentage of the amount in arrears.
8. According to section 598.22B, the payor, payee, and any necessary third party shall provide the Unit
with written information about the persons identity, social security number, residential and mailing addresses,
telephone number, drivers license number, and the name, address and telephone number of the partys current
employer or other source of income and keep the Unit informed of any changes. The payor shall also provide the
Unit information about health insurance that is available through the payor's employer, including health insurance
policy information.
9. If a later child support action is started and a diligent but unsuccessful effort is made to locate the party,
due process requirements may be met by delivering a written notice to the most recent residential or employer
address filed with the Unit.
10. Effective immediately, all sums paid according to the registered order(s) shall be payable to the
Collection Services Center, P.O. Box 9125, Des Moines, Iowa 50306-9125, and in no other manner. Each
payment must identify the Payor, Payee, Iowa District Court Number and the Collection Services Center case
account number: #874840. Any payment sent directly to the Payee by the Payor shall be considered a gift and not
credited to the support which is ordered. The giving of gifts or the purchase of food, clothing, or other physical
property will not fulfill the obligation to pay support.

470-3463 (Rev. 07/2012)

STATE OF IOWA JUDICIARY

Case No.
County

Case Title

DRCV019489
Sac

DEPART OF HUMAN SERVICES VS SHAUN HAROLD WARNKE

THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING.
Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an
exemption from the court, you must file your Appearance and Answer electronically.
You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and
password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court.
FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER
16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM:
http://www.iowacourts.state.ia.us/Efile
FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA
COURT RULES CHAPTER 16: http://www.iowacourts.state.ia.us/Efile

Scheduled Hearing:

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district
ADA coordinator at (641) 421-0990 . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)
Date Issued

01/21/2014 01:30:33 PM

District Clerk of Sac

/s/ Donna Geery

County

E-FILED 2014 MAR 18 2:16 PM SAC - CLERK OF DISTRICT COURT


IN THE IOWA DISTRICT COURT FOR SAC COUNTY
DEPARTMENT OF HUMAN SERVICES
Petitioner,
NO. DRCV019489
vs.
ORDER CONFIRMING REGISTRATION OF
FOREIGN ORDER(S) OF SUPPORT
BY OPERATION OF LAW

SHAUN HAROLD WARNKE,


Respondent.

This matter comes before the Court on the issue of registration of a support order pursuant to Iowa Code Chapter
252K. The State of Iowa is represented by attorney, JADE HAVERMANN. The payor, SHAUN H. WARNKE, does not
appear. The payee, LAURA L. BROWN, does not appear. Neither party requested a hearing within twenty days after the
Notice of Registration of Foreign Support Order(s) was served. The Court, after considering the court file and information
from the State, FINDS:
1. The Court has subject matter jurisdiction to register the out-of-state order(s) listed in this document based on Iowa Code
Chapter 252K.
2. The Court has personal jurisdiction of the payee because the payee agreed to Iowas jurisdiction.
3. Based on Iowa Code Section 252K.201, the Court has personal jurisdiction of the payor because the payor lives in Iowa.
4. The state of residence of the parties and the child(ren) is:
a. The payor lives in IOWA.
b. The payee lives in OKLAHOMA.
c. The child(ren) affected by the registered order(s) live in:
Childs Name
W.N.B.

State of Residence
OKLAHOMA

5. The following support order(s), which are filed in this action, have been properly registered in Iowa based on Iowa Code
sections 252K.601, et seq.:

Issuing
State
OK

Docket
Number
07-00208-72

Effective
Date
06/26/2007

Support
Amount
$ 502.71 per MONTH

Arrearages
$50,066.73

6. The Notice of Registration of Foreign Support Order(s) was served on the payor and payee as required by Iowa Code 252K.605.
A copy of the registered order(s) of support and supporting documents were included with the Notice. Notice of the registration
was given to the payor by personal service and to the payee by certified mail. The initiating tribunal received proper notice by first
class mail.
7. No party has contested the registration. It does not appear that there are any defenses to the validity or enforcement of the
order(s) under Iowa Code section 252K.607(1).
470-3462 (Rev. 7/2012)

E-FILED 2014 MAR 18 2:16 PM SAC - CLERK OF DISTRICT COURT


ORDER CONFIRMING REGISTRATION-- (pg. 2)
8. The payor owes arrears under order(s) listed in the table above totaling $50,066.73 as of 12/2013. This registration proceeding
does not determine arrears due under orders, including Iowa orders, which are not listed in the order table. The arrears include
interest. At the time the Registration Statement was filed, the State of Iowa did not have enough information to address other
support issues in this case.
IT IS THEREFORE ORDERED:
1.

The registered order(s) are hereby confirmed according to Iowa Code section 252K.606(2) because no party has
contested the registration.

2.

The payor owes arrears under the registered order(s) listed in the order table above. A judgment is now entered for
those arrears in the amount of $50,066.73 as of 12/2013. The amount does not include arrears due under orders,
including Iowa orders, not listed in the order table above. The Court reserves judgment on arrears due under orders
not listed in the order table. The arrears include interest.

3.

All support payments for the registered order(s) shall be payable to the Collection Services Center, P.O. Box 9125,
Des Moines, Iowa 50306-9125, and in no other manner. Each payment must list the payor, payee, Iowa District
Court Number and the Collection Services Center account number: #874840. Any payment sent directly to the
payee by the payor shall be considered a gift and not credited to the support order. Credit will also not be given for
gifts or the purchase of food, clothing, or other physical property.

4.

A copy of this Order shall be mailed to the payor, payee, and initiating tribunal, if any, by first class mail. The
parties are bound by the Notices that are incorporated below.

ORIGINAL FILED
Copy To:
LAURA L. BROWN

SHAUN H. WARNKE

NOTICES
1. The income of the payor is subject to immediate income withholding, under section 252D.8(1). Until the income provider withholds the
required amount of support, the payor shall send payments to the Collection Services Center.
2. The installment payment method does not prevent the Child Support Recovery Unit (the Unit) from collecting the accrued support and/or any
delinquent support by any means provided by law. This may include,

Income withholding

Garnishment

Liens

Income tax setoff

Levy of accounts at financial institutions

Sanctions of licenses and passports.

Based on Chapter 252D, when payments become delinquent on an amount equal to the payment for one month, the Court or the Unit may order
the withholding of support. The amount withheld is set in accordance with 441 IAC chapter 98, division II. The Unit may also send an
administrative levy to the payors financial institutions under Chapter 252I.

470-3462 (Rev. 07/2012)

E-FILED 2014 MAR 18 2:16 PM SAC - CLERK OF DISTRICT COURT


ORDER CONFIRMING REGISTRATION-- (pg. 3)
3. If this case is referred to a collection entity, based on section 252B.23, a surcharge may be assessed to the payor. Information may be
provided to a collection entity for purposes of administering and enforcing the surcharge. The amount of the surcharge is a percentage of the
amount in arrears.
4. Under section 598.22B, the payor, payee, and any necessary third party shall provide the Unit with written information about the persons
identity and location. This includes, social security number, residential and mailing addresses, telephone number, drivers license number, and
the name, address, and telephone number of the partys current employer or other source of income. Each party shall tell the Unit of any
changes. The parties shall also provide the Unit information about health insurance that is available, including health insurance policy
information.
5. If a later child support action is started and a diligent but unsuccessful effort is made to locate the party, due process requirements may be met
by delivering a written notice to the most recent living or employer address on file with the Unit.

470-3462 (Rev. 07/2012)

E-FILED 2014 MAR 18 2:16 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
DRCV019489

Case Title
DEPART OF HUMAN SERVICES VS SHAUN HAROLD WARNKE
So Ordered

Electronically signed on 2014-03-18 14:16:47

page 4 of 4

E-FILED 2014 SEP 16 1:40 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 16 2:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DEPARTMENT OF HUMAN SERVICES


Petitioner,
vs.
SHAUN HAROLD WARNKE,
Respondent

TO:

NO. DRCV019489
ORDER TO SHOW CAUSE AND
DETERMINATION OF CHILD SUPPORT
SECURITY BOND

SHAUN H. WARNKE
(herein referred to as the obligor)
BE IT REMEMBERED that the above-entitled matter comes on before the Court upon

the application of the State of Iowa, and based upon the record of the Court showing that the
above-named obligor has failed to pay child support as previously ordered herein, the Court
finds that the time and place of hearing on said matter should be prescribed and notice given.
IT IS THEREFORE ORDERED that the above-named obligor be, and is hereby cited
and directed to appear before the presiding judge of the District Court of the State of Iowa in
and for SAC County, in the SAC County Courthouse at SAC CITY, Iowa 50583, at 09:00 AM on
the 17TH day of NOVEMBER, 2014, and to show cause if any he/she has, why he/she should
not be held in contempt of this Court and punished as provided by law for failure and refusal to
pay child support. FAILURE TO APPEAR FOR THE SCHEDULED HEARING MAY RESULT IN
A WARRANT BEING ISSUED FOR THE OBLIGORS ARREST.
IT IS FURTHER ORDERED that the issue of a child support security bond will also be
before the Court at the above-noted hearing. The obligor is hereby advised that he/she may
raise any applicable defenses to the application for security bond, including but not limited to:
1. Compliance with the support order.
2. Mistake of fact, which for this purpose means an error in the identity of the obligor.
The obligor is further advised that failure to appear and contest the application of the security
bond may result in the court requiring the obligor to post a security bond.
IT IS FURTHER ORDERED that notice of this hearing be given to the above-named
obligor by serving a copy of this order upon him/her not less than TEN days before the date
fixed for said hearing.
470-2690 (Rev. 1/12)

E-FILED 2014 SEP 16 2:41 PM SAC - CLERK OF DISTRICT COURT

ORDER TO SHOW CAUSE RE CONTEMPT (page 2)


NOTICE: ABILITY TO PAY IS AN IMPORTANT ELEMENT OF THIS PROCEEDING.
The obligor shall appear with copies of his/her income tax records or returns for the immediately
preceding two years and shall be entitled to make written explanation of his/her conduct under
oath as permitted by Iowa Code section 665.7. The obligor is hereby notified that ability to pay
is at issue in this proceeding. The obligor is hereby advised that he/she has the right to be
represented by counsel in this contempt proceeding and that if the obligor desires such
representation that he/she should contact his/her attorney immediately. If the obligor is indigent
and cannot pay an attorney to represent him/her in this contempt proceeding, the obligor has
the right to have this indigence determined by the court and if granted have an attorney
appointed to represent him/her at public expense. If the obligor intends to request court
appointed counsel, the request should be made prior to the date of the hearing noted herein.
CSC # 874840

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). Disability Coordinators cannot provide legal
advice.

470-2690 (Rev. 1/12)

E-FILED 2014 SEP 16 2:41 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER TO SHOW CAUSE

Case Number
DRCV019489

Case Title
DEPART OF HUMAN SERVICES VS SHAUN HAROLD WARNKE
So Ordered

Electronically signed on 2014-09-16 14:41:05

page 3 of 3

E-FILED 2014 OCT 15 2:31 PM SAC - CLERK OF DISTRICT COURT

FILED

9-.U0
Sac

IN THE IOWA DISTRICT COURT FOR

COUNTY
Criminal

STATE OF IOWA or
PlauitiflTPetitioner,

Civil

NO. px? cvoiq^ffi

vs.

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: ^ - \ K ( 1 O A

\jQoX f \ V

Birth Date:

Home Phone: ( S I S ) ^ t - ^ T H M Cell Phone: S o o p r x C .

E-mail: SvX)Ck,rYNV.<^/Av/g. - 0 C i \ r v

Street Address:
Street/P.O. Box
Pending charges:
Do you have a job?

C_W\CA

<

t3"r7oJob

Who do you work for? r \ Q

Apt #

City

State

Zip

In Jail? Yes Q-fro

^JppOf4^
Yes, Full Time

Yes, Part Time (List Hours/week:

Q/\P

How much money do you currently make before taxes or deductions?^; CO

per hour ET'month year

How much money have you made in the last 12 months from any source, before taxes or deductions^

3 OOP

How many family members are supported by or Kve with you? 3>
If a spouse lives with you, how much money does your spouse make? (~\ (
List all other money you, or anyone else living in your household, has coming in:

per hour month year


do
l-Qf

List what you own including money in banks, cars, traclcSjOther vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
&\CLSIS
( fii 4 Y ) r C \ [ / * H i r y u v ^ ' )

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:^L(00

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date

Signature
Rev. 1/6/12

E-FILED 2014 NOV 17 1:27 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


DEPARTMENT OF HUMAN SERVICES,
Petitioner,
NO. DRCV019489
vs.
SHAUN HAROLD WARNKE,
Respondent.

ORDER FOR CONTINUANCE

NOW on this 17th day of November 2014, the above-entitled matter came on for
hearing on the issue of contempt. The state of Iowa appeared by Assistant Attorney
General Jade Havermann. Shaun Warnke appeared personally, but requested court
appointed counsel. The Court, after reviewing the record, and being fully advised in the
premises, finds that the contempt hearing should be continued so that the Respondent
can obtain counsel.
IT IS THEREFORE ORDERED that the hearing on the issue of mittimus is
hereby continued to December 15th, 2014 at 9:00 am.

CSC#874840
Clerk of Copy: CSRU, Resp.

E-FILED 2014 NOV 17 1:27 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR CONTINUANCE

Case Number
DRCV019489

Case Title
DEPART OF HUMAN SERVICES VS SHAUN HAROLD WARNKE
So Ordered

Electronically signed on 2014-11-17 13:27:01

page 2 of 2

E-FILED 2014 NOV 17 3:13 PM SAC - CLERK OF DISTRICT COURT

Notice ID: 2RCV04

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, ex rel.,


,
Case No. 02811 DRCV019489
Petitioner,
vs.
ORDER
SHAUN HAROLD WARNKE ,
Respondent.

Respondent has filed an Application for Appointment of counsel in this contempt action.
A review of the application shows that the Respondent is entitled to court-appointed
counsel. He represents his income is less than 125 percent of the poverty income
guideline. It is, therefore, the order of the Court as follows:
1. The Application for Appointment of Counsel is granted.
2. Attorney Chuck Schulte is appointed to represent the Respondent in this contempt
action. Respondent shall promptly attorney Schulte. His telephone number is
712-662-4715.

Clerk to furnish copies to:


Jade Haverman CSRU
Shaun Warnke
Chuck Schulte

1 of 2

E-FILED 2014 NOV 17 3:13 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
DRCV019489
Type:

Case Title
DEPART OF HUMAN SERVICES VS SHAUN HAROLD
WARNKE
OTHER ORDER
So Ordered

Electronically signed on 2014-11-17 15:12:55

2 of 2

E-FILED 2014 DEC 15 3:37 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


DEPARTMENT OF HUMAN SERVICES,
Petitioner,
NO. DRCV019489
vs.
SHAUN HAROLD WARNKE,
Respondent.

ORDER

This matter comes before the Court upon the Order to Show Cause filed herein.
This is the date and time set for hearing. The State of Iowa appears by Jade
Havermann, Assistant Attorney General. The payor, Shaun Warnke, appears not. The
Court FINDS that the payor was duly served with notice of this hearing on November
17, 2014. Therefore, a warrant for the payor's arrest should be issued.
The Court hereby ORDERS that a state-wide warrant for the arrest of Shaun
Warnke shall be issued immediately. Upon arrest, the Child Support Recovery Unit
shall be advised so that this matter may be rescheduled for hearing. Bond is set in the
amount of $1000.00 cash or surety.
Copy to
CSRU, Sheriff, Schulte
CSC#843488

E-FILED 2014 DEC 15 3:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER TO ISSUE BENCH WARRANT

Case Number
DRCV019489

Case Title
DEPART OF HUMAN SERVICES VS SHAUN HAROLD WARNKE
So Ordered

Electronically signed on 2014-12-15 15:37:39

page 2 of 2

E-FILED 2014 DEC 17 8:39 AM SAC - CLERK OF DISTRICT COURT

DISTRICT CG-JrU OF (GWA


SAC COUNTY
FILEO

201 "i DEC 17 PH 2- 23


Sac

IN THE IOWA DISTRICT COURT FOR.


STATE OF IOWA or

VS

f S W m ll>1,rflk'0
^
'
Defendant/Respondent
U

Criminal

PlamtiffiTetrtioner,

NQ

)
j
)

>

COUNTY

Civil
c

Q\ |M. |

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name:

S K ^ i A

U_")AflfllfP

Home Phone:5S __B^^^'

Cell Phone:

Street Address:

Birth Date: i q>- I j / /

g ~ > 0 ^

??-roair.

S Jf t 4

Street/P.O.Box

"

Apt?

) p f fi 'if t^JLt\t(J

C A . b v / . f H J
f

City

V v j l <*

State

<~^

Zip

Pending charges:

K , j f } <t n C ^ t r
In Jail? Yes No
' "
-~ \ - .
Do you have a job? iET'No Job Yes, Full Time Yes, Part Time (List Hours/week:
)
Who do you work for?

// j)

LJ^\f^

How much money do you currently make before taxes or deductions?

per hour month year

How much money have you made in the last 12 monthsfromany source, before taxes or deductions?
How manv family members are supported by or live with you?

If a spouse lives with you, how much money does your spouse make?rt&________ per hour month year
List all other money you, or anyone else living in your household, has coming in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or amlhing
else worth more than S100: Cfj.^ fl? /
""5 4 > ef
;

List amounts you pay,monthIy for mortgages, rent, car loans, credit cards, child support, or anv other debts:

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date

fell!

I *

i'

Signature

^
TP

&
~

Tt~f

Rev. 1/6/12

* ^

E-FILED 2014 DEC 18 3:42 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


THE STATE OF IOWA,
Plaintiff
Vs.
SHAUN HAROLD WARNKE

)
)
)
)
)
)

DRCV019489
APPLICATION FOR HEARING
AND FOR RELEASE FROM
CUSTODY

Defendant
______________________

COMES NOW the defendant, Shaun Harold Warnke, through his court appointed
attorney, Charles A. Schulte, and states:
1. The Defendant is in custody for failure to appear at his show cause hearing on
Dec. 15th, and does not have the ability to post bond.
2. The undersigned attorney has spoken to the defendant in the Sac County Jail and
believes that the defendant will appear at the hearing when rescheduled.
3. The undersigned attorney request that the Court re-schedule the show cause
hearing and release the defendant from custody pending the hearing.
4. The undersigned has spoken to the Asst. Attorney General for the CSRU and she
has no objection.
WHEREFORE: The Defendant prays the Court to enter an order rescheduling the
show cause hearing in this matter and releasing him from custody during the
pendency of this action upon his promise to appear at future proceedings.

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
Fax: (712) 662-4884
schulaw@prairieinet.net

E-FILED 2014 DEC 19 2:42 PM SAC - CLERK OF DISTRICT COURT

Notice ID: 2RCV04

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, ex rel.,


,
Case No. 02811 DRCV019489
Petitioner,
vs.
ORDER
SHAUN HAROLD WARNKE ,
Respondent.

Application for Hearing and for Release from Custody comes before the Court. CSRU
does not object.
IT IS THEREFORE ORDERED that the contempt matter in this case is rescheduled
for January 12, 2015, at 9:00 a.m. Pending the contempt hearing, Respondent shall
be released on his promise to appear. If Respondent does not timely appear for the
hearing, an arrest warrant will issue and he will be held until the contempt can be heard.

1 of 2

E-FILED 2014 DEC 19 2:42 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
DRCV019489
Type:

Case Title
DEPART OF HUMAN SERVICES VS SHAUN HAROLD
WARNKE
OTHER ORDER
So Ordered

Electronically signed on 2014-12-19 14:42:38

2 of 2

E-FILED 2015 JAN 12 10:52 AM SAC - CLERK OF DISTRICT COURT

lN THE!OWA DiSTRiCT COURT FOR SAC COUNTY

DEPARTMENT OF HUMAN SERViCES,

No DRCV019489

Pettioner,
VS

STIPULATION REGARDING
RULE TO SHOW CAUSE

SHAUN HAROLD WARNKE,


R

ln order to resolve the issue of the rule to show cause that is before the Court, the
Payor, Shaun Warnke, and the state of lowa hereby stipulate and agree to the terms that
follow.

1. The Court

has jurisdiction over the Payor's person and the subject matter herein.

2. The Payor

had notice of the order for support and has had reasonable time and means to

comply with the order.

3. lt has been

shown beyond a reasonable doubt that the Payor has willfully failed to comply

with the order despite having the ability to pay.

4. The

Payor freely and voluntarily acknowledges that s/he is in contempt of this Court

pursuant to Code of lowa chapter 665 and 598.22 for willfully, wantonly and intentionally failing

to pay child support under the prior orde(s) in this matter.

5. The Payor

is sentenced to serve a term of thirty (30) days in the Sac County Jail as

punrshment for contempt of court.

6. The

Payor may purge the finding of contempt by complying with all of the following:

a. Payor shall pay

O-

per month beginning

1-tr,^o-y

l, )Olj,

and

each month thereafter.


b. All payments shall be payable to the Collection Services Center,

P.O

Box 9125, Des

Moines, Iowa 50306-9125, AND lN NO OTHER MANNER. Each payment must identify

the payor, payee and lowa District Court number, and the CSC case number 874840.
Any payment sent directly to the caretaker or child(ren) by Payor shall be considered a

gift. The purchase of food, clothing, or other physical property will not fulfill the
obligation to pay support.

c. Payor shall keep the Child Support Recovery Unit informed in writing of all changes in
address, employment and financial status. All correspondence shall be sent to CSRU,
625 N West St., P O. Box 937, Carroll,

7.

Mittimus shall be stayed until

the 18

day

lA

ot

51401

CSRU's phone # is 712-792-5691.


2015 at 9!90 3:!L at

t',1

which time Payor shall appear at the Sac County Courthouse to show proof that s/he has
purged the finding of contempt and that mittimus should not issue on that date but should
continue to be stayed until a date certain. Payor is advised that if s/he fails to appear for said

E-FILED 2015 JAN 12 10:52 AM SAC - CLERK OF DISTRICT COURT

hearing mittimus shall issue immediately on the jail term as provided herein.

8. This stipulation is not a modification of the current order regarding child support.
9. This stipulation does not prevent the State from collecting the remaining accrued support
and/or any delinquent support by any means provided by law including, but not limited to, an
interception of income tax refund and income withholding.

10. Costs shall be assessed to the Payor.


Payor's Declaration:

l, Shaun Warnke, the Payor herein, state that I have read the contents of the foregoing
stipulation.
I have been informed of my right to have legal counsel in these proceedings.
I understand that if I cannot afford an attorney that I may apply to the court to have an
attorney appointed to represent me.
I assert that I have exercised the right to counsel or expressly waive my right to
representation.
I fu(her acknowledge that the attorney for the State is not acting as my counsel in this
matter.
I have been informed of the usefulness of an attorney and the dangers of representing
myself.
I understand that there may be defenses to this charge of contempt that may not be
known to me and that by waiving the assistance of counsel in deciding whether to
consent to the finding of contempt I risk that a viable defense will be overlooked
I understand that by waiving my right to an attorney I will lose the opportunity to obtain
an independent opinion on whether, under the facts of my case and applicable law, it is
wise to consent to a finding of contempt.
I understand the nature of the charge against me and the range of allowable
punishments.
I freely enter into and approve the above stipulation and knowingly and voluntarily waive
my right to a hearing upon the issue of whether I have willfully' wantonly and
intentionally failed to pay my child support.
t also acknowledge that it is my responsibility to obtain a copy of this stipulation and any
order approving it after it is executed by the court, and to be present for any future
hearings that are set herein.
. I have been informed that I must be a registered filer pursuant to lowa Court Rule
16.306(5) for my signature to be valid and to receive notice of the filing of subseq uent
documents in this

.
.
.
.
.
o
.

.
o
.

Date
(if appl cable)

CSC#874840

r ltyl|5

cc CSRU,S Warnke

E-FILED 2015 JAN 12 12:06 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


DEPARTMENT OF HUMAN SERVICES,
Petitioner,
NO. DRCV019489
vs.
ORDER APPROVING STIPULATION
SHAUN HAROLD WARNKE,
Respondent.
This matter comes before the Court for review and approval of a Stipulation executed by
the parties and filed herein on or about the 12th day of January 2015.
The Court hereby ORDERS that the terms and provisions of the Stipulation are
approved and ordered into effect as if set forth fully herein.

csc#874840
CC: CSRU, Schulte for Resp.

E-FILED 2015 JAN 12 12:06 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
DRCV019489

Case Title
DEPART OF HUMAN SERVICES VS SHAUN HAROLD WARNKE
So Ordered

Electronically signed on 2015-01-12 12:06:15

page 2 of 2

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