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09—FA—1 7-835
FiIed in Sixth Judicial District Court
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Carlton CountyMN
FILED IN CARLTON COUNTY
Office of Coun Administration
STATE OF WES619ct
9 2017 3:25 PM “
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
COUNTY OF CARLTON FAMILY DIVISION
In Re the Marriage of:
Court File No.: 09-FA-17—835
Tara L. Disterhaupt,
Petitioner, STIPULATED FINDINGS OF FACT,
CONCLUSIONS OF LAW, ORDER
and FOR JUDGMENT AND JUDGMENT
AND DEGREE
Clint Alden Disterhaupt,
Respondent.
DATE OF HEARING: Administrative Default
Carlton, Minnesota
APPEARANCES: For Petitioner: Diana Bouschor Dodge
Attomey N0. 256821
230 West Superior Street, Suite 800
Duluth, MN 55802
(21 8)722-6331
For Respondent: Elizabeth A. Storaasli
Attorney No. 106070
202 West Superior Street, Suite 200
Duluth, MN 55802
(218)727~8451
Proceeding for dissolution of marriage before this Court in the Carlton County
Courthouse in Carlton, Minnesota.
FINDINGS OF FACT
1. The Court file reflects that the Respondent was sewed by Acknowledgment of
Service with the Summons and Petition for Dissolution of Marriage 0n April 25, 2017. The
parties leached an agreement on custody and parenting time and this agreement was incorporated
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into an Order dated May 22, 2017. Said Order is incorporated by reference and attached as
Exhibit A. The parties participated in a Financial Early Neutral Evaluation on August 8, 2017 .
The parties were able to reach an agreement on child Support and maintenance which is reflected
in the Memorandum 0f Settlement Agreement which is incorporated by reference and attached as
Exhibit B. The parties also pafiicipated in a Financial Early Neutral Evaluation on September 8,
2017. The paniés were able to reach an agreement on the remaining financial issues in this case
which is reflected in the Memorandum of Settlement Agreement which is incorporated by
reference and attached as Exhibit C.
2. The name and address of Petitioner are as follows:
Tara L. Disterhaupt
210 North Main Street
Tamarack, MN 557 87
and she now 37 years of age. Petitioner has no
Petitioner was born on November 13, 1979, is
prior names other than her maiden name Tara Lynn Haugse.
3. The name and address of Respondent are as follows:
Clint Alden Disterhaupt
3099 S. Finn Road
Kettle River, MN 55757
1978, and he now 39 years of age. Petitioner is unaware
Rsspondent was born on January 8, is
of any prior names used by Respondent.
4. Petitioner is represented in these proceedings by Diana Bouschor Dodge, Johnson,
Killen & Seiler, P.A., 230 West Superior Street, Suite 800, Duluth, Minnesota 55802.
Storaasli,
Respondent isrepresented in these proceedings by Elizabeth A. Storaasli, Dryer,
Knutson & Pommerville, Ltd., 200 Sellwood Building, 202 West Superior Street, Duluth,
Minnesota 55802.
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S. The parties were married to each other on August 25, 2007 in McGregor,
Minnesota.
6. There has been an irretrievable breakdown of the marriage relationship of the
parties within the meaning of Minnesota Statutes Annotated §5 1 8.06, as amended, and the
parties have been separated since March 2017.
7. Petitioner and Respondent have resided in the state of Minnesota for more than
one hundred eighty (1 80) days. The parties are residents of Carlton County.
8. A separate proceeding for dissolution of marriage has not been previously
commenced by either party, and n0 such separate proceeding is pending in Minnesota or
elsewhere.
9. Neither pany is in the military Service of the United States.
10. Petitioner is not now pregnant.
11. 'I'hereare two minor children of the parties’ marriage, namely: Addison Marie
Disterhaupt, born September 3, 2009 and Austin James Disterhaupt, born September 3, 2009.
12. The parties can afford to pay their own attorney fees and coult costs for this
proceeding.
13. Petitioner is in need of and entitled to temporary spousal maintenance from
Respondent as set forth in Conclusion of Law, paragraph 6 helein. Pursuant to Karon v. Karon,
and Minn. Stat § 518.552, subd. 5, the partieshave agreed that neither of them may return to the
Court in the future to have the Court award any spousal maintenance other than as set forth herein
at paragraph 6, and the Court shall have no jurisdiction in regard to the issue of spousal
maintenance except to enforce the provisions of paragraph 6. The property settlement set forth
below is consideration for Res ondent’s com lete waiver of s ousal maintenance 2
and said waiver
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is fair and equitable, The prOpemy settlement set foflh below is consideration for Petitioner’s
waiver of spousal maintenance other than as provided in paragraph 6, and said waiver is fairand
equitable and the Court finds that the parties’agreement satisfies the requirements of Minn. Stat.
§518.552, Subd. 5 and Karon v. Karon, 435 N.W.2d 501 (Minn. 1989), Loo v. Loo, 520 N.W.Zd
740 (Minn. 1994), Santillan v. Martine, 560 N.W.2d 740 (Minn. App. 1997) and Kielley v.
Kielley, 674 N.W.2d 770 (Minn. App. 2004). Full disclosure of each party's financial
circumstances, including income, assets and any other relevant information, has occurred. The
Court has reviewed this agreement, finds itto be supported by suficient consideration, and finds
itto be fair and equitable.
14. The parties have medical insurance through their employers.
15. The parties have their own life insurance and profit—sharing and retirement plans.
16. The panties have an interest in real estate located at 3099 S. Finn Road, Kettle
River, Carlton County, Minnesota and is legally described as:
Southeast One Quarter of Southeast One Quarter (SE1/4 0f SE1/4),
Section Fifieen (1 S), Township Forty—seven (47), Range Twenty-
one (21). RESERVING However, an easement for ingress and
egress along the South 25 feet of said SE1/4 of SE1/4, Section 15,
Township 47, Range 21, for the benefit ofthe SW1/4 of SEI/4, the
SE1/4 of SW1/4 and the SW1/4 of SW1/4, all in Section 15,
Township 47, Range 21.
17. The parties have an interest inreal estate located at 228 7‘“ Street Northeast, Crosby,
in Crow Wing County, State of Minnesota, With the following legal description:
Parcel 1:The North 24.4 feet of Lot Nine (9); the North Half
(Nl/Z) of the South 262 feet of Lot Nine (9); the Nofih Half (N1/2)
ofthe South 262 feet ofthe West 15.5 feet of Lot Ten (10); all in
Raymond’s Acres, Crow Wing County, Minneséta.
Parcel 2: The South Half (S1/2) 0f Lot Eight (8),Raymond’s
Acres, Crow Wing County, Minnes ota.
18. The parties are the owners of the following motor vehicles:
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2006 Dodge Durango
2011 Ford Focus
1998 Mustang GT
2004 Ford F—350 Superduty
19. The parties are the owners of normal household goods, furnishings, and other
personal propelty which has been divided by the parties.
20. The parties have various checking and savings accounts.
21. Petitioner is employed part—time by Cuyuna Regional Medical Center as a
physical therapist assistant earning $23.33 per hour. She earned $18,522 in 2016 and has earned
at'her children’s
$10,557 through August 13, 2017 from this employment. Petitioner also works
school, the Cromwell—Wn'ght School District, Independent School District #95 as a
paraprofessional, with a gross annual income of approximately $23,000.00.
22. Respondent is employed by Cuyuna Regional Medical Center as a perioperative
registered nurse with a gross annual income of approfimately $86,548.00.
23. The parties have incurred miscellaneous bills and obligations during the marriage.
24. Diana Bouschor Dodge and Elizabeth A. Storaasli have moved for an Order
releasing them from further representation sixty—one (6 1) days after entry of any resulting
Judgment and Decree herein.
CONCLUSIONS OF LAW
The parties are entitled to a Judgment and Decree of this Court as follows:
1. Complete Agreement. The parties have entered into this Stipulation and the
other provisions of this document intending be a full, complete and final settlement and
that it
satisfaction of any and all claims of any kind, nature and description to which either party may
be entitled or may claim to be entitled, now or in the future, against the other, and except as is
expressly provided herein to the contrary, each is released fiom any and allfurther liability of
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any kind, nature or description whatsoever t0 the other.
2. Soldiers’ and Sgilors’ Civil Relief Act. Neither party was at the
commencement ofthis proceeding, during itspendency, nor isnow a member of the military
service or Armed Forces of the United States, and neither party is entitled to relief under the
Soldiers’ and Sailors’ Civil Relief Act of 2003, as amended.
3. Dissolution 0f Marriage. The bonds of matrimony heretofore existing between
_
the parties are hereby dissolved.
4. M1. The parties shall sharejoint legal custody and joint physical custody of
theirminor children, Addison Marie Disterhaupt, born September 3,2009, and Austin James
Disterhaupt, born September 3, 2009. Respondent’s reasonable parenting time is setfofih as
follows:
Unless otherwise agreed, Respondent shall have parenting time every Monday and
Tuesday and alternating weekends from Friday until Monday morning. Petitioner shall have
parenting time every Wednesday and Thursday and alternating weekends fitom Friday until
Monday morning. During the summer or when the children are on a school break, Respondent
shall pick up the children from Petitioner on Mondays after he isdone with work. During the
school year, Respondent shall have parenting time Monday through Wednesday morning. The
children will get on the bus at Respondent’s home and be dropped off at Petitioner’s home
Wednesday afiemoon. During the summer or school breaks, on Wednesdays Petitioner shall pick
up children atRespondent’s home on Wednesdays prior to her weekends. If it isRespondent’s
weekend in the summer, he will pick up the children from Petitioner’s home on Friday after work.
A. Holidays. Unless the parties mutually agree otherwise, the holidays are as
follows :
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4th of
i. In odd-numbered years, petitioner shall have Easter,
July,Thanksgiving, and respondent shall have New Year’s Day, Memorial
Day, Labor Day and New Year’s Eve.
ii. In even-numbered years, petitioner shall have New Year’s Day,
Memorial Day, Labor Day and New Year’s Eve, and petitioner shall have
Easter, 4‘“of July and Thanksgiving.
iii. The parties will alternate Christmas Eve and Christmas Day With
Petitioner having the children every Christmas Eve from 10:00 a.m. to
10:00 a.m. Christmas Day in odd years and Respondent having the
Day from 10:00am. until the following morning
children every Christmas
in the even years.
The parties will alternate the children’s birthdays with Petitioner
iv.
having the children on odd years and Respondent having
them in even
years.
v. Petitioner shall have the children every Mother’s Day and
Respondent shall have the children every Father’s Day.
vi. Any holiday time set forth above supersedes the regular parenting
time schedule set forth in paragraph 5.
Vacation. Each party may take up to 2 weeks’ vacation with the children
B.
upon 30 days’ notice; provided that any international travel must be approved by
both Petitioner and Respondent. Each party shall plan their vacations to minimize
away fi'om the other parent’ s parenting time. If an agreement cannot
the time taken
international trip, the patties agree to first utilize
be reached regarding a proposed
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mediation or an alternative form of dispute resolution prior to submittihg the matter
to a court.
C. School District. The parties agree that the children will remain in the
Cromwell school unless there
district isa mutual agreement of the parties or further
Order of this Court. The parties also will not move the children out of state unless
both parties agree.
D. Phone Contact. Both parents will have the right to reasonable telephone
contact with the children while the children are in the care of the other parent. On
days when the children are in Petitioner’s cate, Respondent shall have the right to
call Petitioner’s house until 8 p.111.to talk with the children. On days when the
children are in Respondent’s care, Petitioner shall have the right to call
Respondent’s house until 8 pm. to talk with the children. The on-duty parent shall
make sure that the children are available to talk with the other parent or if the
children are not immediately available and the other parent leaves a message for
the children, the on-duty parent will ensure that the children return the call as soon
as possible.
E. Qflfl. Neither party will disparage the other parent to the children.
F. Mediation. The parties shall mediate any issues regarding parenting time
and related issues prior to bringing any of those issues to the Court, as set forth in
the Order filed May 9, 20 I7 and incorporated herein.
Child Sugport.
A. Basic Support. Commencing September 1,2017, Respondent shall pay to
Petitioner $600.00 per month in child support. Commencing September 1, 2019,
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child support shall be set at $500.00 per month until March 1, 2021. After March
1,2021 , either palty may ask for a recalculation of child support.
B. Extracurricular Expenses. If the parties mutually agree to enroll the
minor children in extracurricular activities, the costs shall be divided between the
parties 50/50. Neither party shall unreasonably withhold consent for the children
to participate in extracurricular activities.
C. Health Insurance. Respondent shallmaintain health and dental insurance
for the minor children at his cost. The panics shall split any uninsured medical,
dental and orthodontia expenses 50/50.
of one of
D. Support for the minor children shall continue until the occurrence
the following events:
1. The child attains the age of 18 years or graduates from high school,
the
whichever occurs last; provided, however, that support will not continue past
child’s 20th birthday;
2. The chj1d becomes self-supporting, is emancipated, marries, serves
in the armed forces of the United States or is deceased; or
3. There isa further order of the court.
September 2017, Respondent shall pay to
6. Maintenance. Commencing 1,
in maintenance. Commencing September 1, 2018, Respondent
Petitioner $1,000.00 per month
month in maintenance until September 1, 2019, upon which
shall pay to Petitioner $800.00 per
date maintenance shall tenninate. The court shall be divested ofjurisdiction to award Petitioner
maintenance or alter the amount 01' duration of the temporary
any finther or additional
jurisdiction to enforce Respondent's obligation to pay
maintenance. The court shall retain
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temporary maintenance owed to Petitioner above. The spousal maintenance payable by
Respondent to Petitioner shall terminate immediately if Petitioner remarries 01‘upon the death of
either party.
It isintended that this maintenance payable to Petitioner shall be included in Petitioner's
gross income, pursuant to Section ’71 of the Internal Revenue Code, and shall be deductible by
Respondent, pursuant to Section 215 of the Internal Revenue Code.
7. The information set forth at Appendix “A” attached hereto and made a pm hereof
shallbecome a part of the Final Order entered herein.
8. Spousal Maintenance/Child support Via Agtorggtic Income Withholdigg.
Upon application by either palty, spousal maintenance and child support will be via automatic
income withholding. The following information is provided for automatic income Withholding
purposes, pursuant to Minnesota Statutes § 518.63:
Obligor’s Name: Clint Alden Disterhaupt
Obligor’s Date of Biflh: January 8,1978
Name and Address of Obligor’s Employer
or Other Payer of Funds: Cuyuna Region Medical Center
320 East Main Street
Crosby, MN 56441
NOTICE: The Obfigor shall keep the Public Authority infanned of the name and address of
his/her cmrent employer or other payer offunds. The Obligor shall also keep the Public Authority
infonned as to whether he/she has access t0 employment related health insurance coverage and, if
so, the health insurance policy information.
9. Tax Dependent Credit. Petitioner shall claim one children as a dependent and
Respondent shall claim one child as a dependent for federal and state income tax filing purposes.
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10. Real Estate. Respondent shall be awarded the entire ownership interest in real
estate located at 3099 South Finn Road, Kettle River, Carlton County, Minnesota which is legally
described as:
Southeast One Quarter of Southeast One Quarter (SE1/4 of SE1 l4),
Section Fifteen (I S), Township Fofiy—scven (47), Range Twenty-
one (21). RESERVING However, an easement for ingress and
egress along the South 25 feet of said SE1/4 of SE1/4, Section 15,
Township 47, Range 21, for the benefit of the SW1/4 of SE1/4, the
SE1/4 of SW1/4 and the SW1/4 of SW1/4, all in Section 15,
Township 47, Range 21.
Respondent shall also be awarded the entire ownership interest in real estate located at 228
7th Street Northeast, Crosby, in Crow Wing County, State of Minnesota, with the following legal
description:
Parcel 1: The North 24.4 feet of Lot Nine (9); the North Half
(Nl/2) of the South 262 feet of Lot Nine (9); the North Half (N1/2)
ofthe South 262 feet ofthe West 15.5 feet of Lot Ten (1 O); all in
Raymond’s Acres, Crow Wing County, Minnesota.
Parcel 2: The South Half (81/2) of Lot Eight (8),Raymond’s
Acres, Crow Wing County, Minnesota.
Immediately upon entry of this Judgment and Decree, Petitioner shall execute Quit Claim
Deeds drafled by Respondent’s attorney conveying Petitioner’s interest inboth properties to
Respondent, or a Summary Real Estate Disposition Judgment. IfPetitioner fails to execute said
documents, recording a certified copy ofthe Judgment and Decree shall operate to effectuate the
transfer of Petitioner’s interest in each parcel to Respondent. Petitioner and Respondent shall
cooperate in the prompt entry of a Summary Real Estate Disposition Judgment if requested by
either party.
11D Automobiles. Petitioner shall retain the 2006 Dodge Dumngo and the 1998 Ford
Mustang GT along With any encmnbrances thereon and indemnify and hold Respondent
harmless for said encumbrance. Respondent shall retain the 2011 Ford Focus and the 2004 Ford
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F-350 Superduty truck along with any encumbrances thereon and indemnify and hold Petitioner
harmless for said encumbrance.
12. Persona} Progergx. Petitioner is awarded all property on attached Exhibit “D”
except Respondent is awarded the weed whipper, pig roaster, mixed dfink mixer, his family
Christmas decorations, the Z570 snowmobile and steamcleaner. Petitioner is also awarded her
grandfather’s horse cart, a snowmobile of Respondent’s choice, and the 2011 Rockwood camper
subject to the loan which she shall assume and indemnify, defend and hold Respondent harmless
thereon.
Respondent is awarded the entire interest in his cattle and the logging contract, and the
2002 Tracker Marine boat and trailer.Each party is awarded all right, titleand interest to the
personal propefly in his or her possession, other than items mentioned above.
13. HSA Account. The Respondent’s HSA — Current balance of $1 1,148.00 shall be
divided equally between the parties within 15 days of this Order.
14. Retirement Accounts. Each pally shall be awarded their respective 401K
retirement accounts from Cuyuna Regional Medical Center, except that Respondent’s is subj ect to
a transfer to Petitioner of $46,122.44 pursuant to Pamgraph 15 as an equity balancing payment.
15. Equitv Balancing Payment. As an equity balancing payment, Respondent shall
pay Petitioner the sum of $46,122.44 from his 401K account at Cuyuna Regional Medical Center
to Petitioner’s 401 (K) at Cuyuna Regional Medical Center. The parties shall cooperate in making
Qualified Domestic Relations Order
this transfer. If a isrequired, itshall be drafied by Petitioner’s
attorney within 30 days of entry of Decree herein, subj ect to approval by Respondent’s attorney.
16. Additional Equity Balancing PavmglLt. As an additional equity balancing
payment, Respondent shall pay Petitioner the sum of $39,000 cash, payable within 3 0 days of entry
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of Judgment and Decree. Petitioner shall retain a lien on the homestead property to secure this
equity balancing payment, which may also be secured by a Promissory Note and Mortgage signed
by Respondent.
The Best Buy credit card ($2,840.00), Scheels credit card ($425.00) and
l7. 29mg.
Menards credit card ($683.00), bills shall be divided equally between the parties. Other than the
debts previously awarded, each party shall be responsible for their own credit card and other debt
incurred in their name and shall hold the other harmless and indemnify for said debt.
be responsible for his or her
'
18. Attorney Fees and Costs. Wife and Husband shall
own attorney fees and costs incurred incident to this proceeding.
Diana Bouschor Dodge and Elizabeth A. Storaasli shall
19. Discharge of Attorneys.
effective sixty-one (61) days fi'om the date of entry of the
no longer be the attorneys of record
Judgment and Decree herein.
20. Service 0f the Judggent and Decree. Service of a copy ofthe Final
attorney, Elizabeth A. Storaasli, 202
Judgment and Decree herein may be made upon Husband’s
West Superior Street, Suite 200, Duluth, Minnesota 55802, by United States mail, and providing
to the Court an Affidavit of such service for attachment
to the original Judgment & Decree.
service for all purposes. The same shall be in lieu ofpersonal
Such service by mail will be good
service upon Husband. Service upon Wife shallbe by U.S. mail to Wife’s attorney’s address.
21. Execution and Exchange of Documents. Each party hereto shall
hereafter upon any reasonable request made by the other party execute and deliver to the
requesting party such assignments and other do cuments as may be necessmy and required to
fully effectuate each and allofthe provisions contained herein; and in this connection, the party
entitled to and/or requesting such assignments or other documents shall pay any expenses
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incurred in the preparation thereof and shall also pay any and allrecording and filing fees and all
other attendant expenses.
22. Full Discharge and Release. That each party expressly stipulates and
agrees that each has entered in to this stipulation after full disclosure upon the advice of
respective counsel and that each has relied upon the other party having disclosed all of his or her
assets, both real and personal, allincome, including any and all assets or income in the nature of
third parties and under their control whether or not in their names. If either party discovers an
asset or debt that was undisclosed in the dissolution proceeding the Court has jurisdiction to
allocate the disposition of said undisclosed asset or debt pursuant to Minn. Stat. 5 l 8
.l 45.
That each ofthe parties hereto has entered into this stipulation intending that it be a full,
complete, and final settlement in satisfaction of any and allclaims of any kind, nature, and
description to which each party may be entitled or claim to be entitled,now or in thelfuture,
against the other, except as expressly provided herein to the contrary, each isreleased from any
and all further liabilityof any kind, nature or description whatsoever to the other.
23.
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09—FA—1 7-835 FiIed in Sixth Judicial District Court PM 10/6/2017 2:32 Carlton CountyMN FILED IN CARLTON COUNTY Office of Coun Administration STATE OF WES619ct 9 2017 3:25 PM “ DISTRICT COURT SIXTH JUDICIAL DISTRICT COUNTY OF CARLTON FAMILY DIVISION In Re the Marriage of: Court File No.: 09-FA-17—835 Tara L. Disterhaupt, Petitioner, STIPULATED FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER and FOR JUDGMENT AND JUDGMENT AND DEGREE Clint Alden Disterhaupt, Respondent. DATE OF HEARING: Administrative Default Carlton, Minnesota APPEARANCES: For Petitioner: Diana Bouschor Dodge Attomey N0. 256821 230 West Superior Street, Suite 800 Duluth, MN 55802 (21 8)722-6331 For Respondent: Elizabeth A. Storaasli Attorney No. 106070 202 West Superior Street, Suite 200 Duluth, MN 55802 (218)727~8451 Proceeding for dissolution of marriage before this Court in the Carlton County Courthouse in Carlton, Minnesota. FINDINGS OF FACT 1. The Court file reflects that the Respondent was sewed by Acknowledgment of Service with the Summons and Petition for Dissolution of Marriage 0n April 25, 2017. The parties leached an agreement on custody and parenting time and this agreement was incorporated 09—FA-17—835 . . Filed In Sixth Judicial District Court 10/6/2017 2:32PM MN Carlton County, into an Order dated May 22, 2017. Said Order is incorporated by reference and attached as Exhibit A. The parties participated in a Financial Early Neutral Evaluation on August 8, 2017 . The parties were able to reach an agreement on child Support and maintenance which is reflected in the Memorandum 0f Settlement Agreement which is incorporated by reference and attached as Exhibit B. The parties also pafiicipated in a Financial Early Neutral Evaluation on September 8, 2017. The paniés were able to reach an agreement on the remaining financial issues in this case which is reflected in the Memorandum of Settlement Agreement which is incorporated by reference and attached as Exhibit C. 2. The name and address of Petitioner are as follows: Tara L. Disterhaupt 210 North Main Street Tamarack, MN 557 87 and she now 37 years of age. Petitioner has no Petitioner was born on November 13, 1979, is prior names other than her maiden name Tara Lynn Haugse. 3. The name and address of Respondent are as follows: Clint Alden Disterhaupt 3099 S. Finn Road Kettle River, MN 55757 1978, and he now 39 years of age. Petitioner is unaware Rsspondent was born on January 8, is of any prior names used by Respondent. 4. Petitioner is represented in these proceedings by Diana Bouschor Dodge, Johnson, Killen & Seiler, P.A., 230 West Superior Street, Suite 800, Duluth, Minnesota 55802. Storaasli, Respondent isrepresented in these proceedings by Elizabeth A. Storaasli, Dryer, Knutson & Pommerville, Ltd., 200 Sellwood Building, 202 West Superior Street, Duluth, Minnesota 55802. 09-FA—1 7-835 Filed in Sixth Judicial District Court PM 10/6/201 7 2:32 Carlton CountyMN S. The parties were married to each other on August 25, 2007 in McGregor, Minnesota. 6. There has been an irretrievable breakdown of the marriage relationship of the parties within the meaning of Minnesota Statutes Annotated §5 1 8.06, as amended, and the parties have been separated since March 2017. 7. Petitioner and Respondent have resided in the state of Minnesota for more than one hundred eighty (1 80) days. The parties are residents of Carlton County. 8. A separate proceeding for dissolution of marriage has not been previously commenced by either party, and n0 such separate proceeding is pending in Minnesota or elsewhere. 9. Neither pany is in the military Service of the United States. 10. Petitioner is not now pregnant. 11. 'I'hereare two minor children of the parties’ marriage, namely: Addison Marie Disterhaupt, born September 3, 2009 and Austin James Disterhaupt, born September 3, 2009. 12. The parties can afford to pay their own attorney fees and coult costs for this proceeding. 13. Petitioner is in need of and entitled to temporary spousal maintenance from Respondent as set forth in Conclusion of Law, paragraph 6 helein. Pursuant to Karon v. Karon, and Minn. Stat § 518.552, subd. 5, the partieshave agreed that neither of them may return to the Court in the future to have the Court award any spousal maintenance other than as set forth herein at paragraph 6, and the Court shall have no jurisdiction in regard to the issue of spousal maintenance except to enforce the provisions of paragraph 6. The property settlement set forth below is consideration for Res ondent’s com lete waiver of s ousal maintenance 2 and said waiver 09—FA— 1 7—835 Filed in Sixth Judicial District Court 10/6/2017 2:32PM MN Carlton County, is fair and equitable, The prOpemy settlement set foflh below is consideration for Petitioner’s waiver of spousal maintenance other than as provided in paragraph 6, and said waiver is fairand equitable and the Court finds that the parties’agreement satisfies the requirements of Minn. Stat. §518.552, Subd. 5 and Karon v. Karon, 435 N.W.2d 501 (Minn. 1989), Loo v. Loo, 520 N.W.Zd 740 (Minn. 1994), Santillan v. Martine, 560 N.W.2d 740 (Minn. App. 1997) and Kielley v. Kielley, 674 N.W.2d 770 (Minn. App. 2004). Full disclosure of each party's financial circumstances, including income, assets and any other relevant information, has occurred. The Court has reviewed this agreement, finds itto be supported by suficient consideration, and finds itto be fair and equitable. 14. The parties have medical insurance through their employers. 15. The parties have their own life insurance and profit—sharing and retirement plans. 16. The panties have an interest in real estate located at 3099 S. Finn Road, Kettle River, Carlton County, Minnesota and is legally described as: Southeast One Quarter of Southeast One Quarter (SE1/4 0f SE1/4), Section Fifieen (1 S), Township Forty—seven (47), Range Twenty- one (21). RESERVING However, an easement for ingress and egress along the South 25 feet of said SE1/4 of SE1/4, Section 15, Township 47, Range 21, for the benefit ofthe SW1/4 of SEI/4, the SE1/4 of SW1/4 and the SW1/4 of SW1/4, all in Section 15, Township 47, Range 21. 17. The parties have an interest inreal estate located at 228 7‘“ Street Northeast, Crosby, in Crow Wing County, State of Minnesota, With the following legal description: Parcel 1:The North 24.4 feet of Lot Nine (9); the North Half (Nl/Z) of the South 262 feet of Lot Nine (9); the Nofih Half (N1/2) ofthe South 262 feet ofthe West 15.5 feet of Lot Ten (10); all in Raymond’s Acres, Crow Wing County, Minneséta. Parcel 2: The South Half (S1/2) 0f Lot Eight (8),Raymond’s Acres, Crow Wing County, Minnes ota. 18. The parties are the owners of the following motor vehicles: 09-FA—17- 835 Filed in Sixth Judicial District Court 10/6/2017 2:32PM MN Carlton County, 2006 Dodge Durango 2011 Ford Focus 1998 Mustang GT 2004 Ford F—350 Superduty 19. The parties are the owners of normal household goods, furnishings, and other personal propelty which has been divided by the parties. 20. The parties have various checking and savings accounts. 21. Petitioner is employed part—time by Cuyuna Regional Medical Center as a physical therapist assistant earning $23.33 per hour. She earned $18,522 in 2016 and has earned at'her children’s $10,557 through August 13, 2017 from this employment. Petitioner also works school, the Cromwell—Wn'ght School District, Independent School District #95 as a paraprofessional, with a gross annual income of approximately $23,000.00. 22. Respondent is employed by Cuyuna Regional Medical Center as a perioperative registered nurse with a gross annual income of approfimately $86,548.00. 23. The parties have incurred miscellaneous bills and obligations during the marriage. 24. Diana Bouschor Dodge and Elizabeth A. Storaasli have moved for an Order releasing them from further representation sixty—one (6 1) days after entry of any resulting Judgment and Decree herein. CONCLUSIONS OF LAW The parties are entitled to a Judgment and Decree of this Court as follows: 1. Complete Agreement. The parties have entered into this Stipulation and the other provisions of this document intending be a full, complete and final settlement and that it satisfaction of any and all claims of any kind, nature and description to which either party may be entitled or may claim to be entitled, now or in the future, against the other, and except as is expressly provided herein to the contrary, each is released fiom any and allfurther liability of 09-FA—1 7—835 Filed in Sixth Judicial District Court PM 10/6/2017 2:32 MN Carlton County, any kind, nature or description whatsoever t0 the other. 2. Soldiers’ and Sgilors’ Civil Relief Act. Neither party was at the commencement ofthis proceeding, during itspendency, nor isnow a member of the military service or Armed Forces of the United States, and neither party is entitled to relief under the Soldiers’ and Sailors’ Civil Relief Act of 2003, as amended. 3. Dissolution 0f Marriage. The bonds of matrimony heretofore existing between _ the parties are hereby dissolved. 4. M1. The parties shall sharejoint legal custody and joint physical custody of theirminor children, Addison Marie Disterhaupt, born September 3,2009, and Austin James Disterhaupt, born September 3, 2009. Respondent’s reasonable parenting time is setfofih as follows: Unless otherwise agreed, Respondent shall have parenting time every Monday and Tuesday and alternating weekends from Friday until Monday morning. Petitioner shall have parenting time every Wednesday and Thursday and alternating weekends fitom Friday until Monday morning. During the summer or when the children are on a school break, Respondent shall pick up the children from Petitioner on Mondays after he isdone with work. During the school year, Respondent shall have parenting time Monday through Wednesday morning. The children will get on the bus at Respondent’s home and be dropped off at Petitioner’s home Wednesday afiemoon. During the summer or school breaks, on Wednesdays Petitioner shall pick up children atRespondent’s home on Wednesdays prior to her weekends. If it isRespondent’s weekend in the summer, he will pick up the children from Petitioner’s home on Friday after work. A. Holidays. Unless the parties mutually agree otherwise, the holidays are as follows : 09-FA—1 7-835 Filed in Sixth Judicial District Court PM 10/6/201 7 2:32 Carlton CountyMN 4th of i. In odd-numbered years, petitioner shall have Easter, July,Thanksgiving, and respondent shall have New Year’s Day, Memorial Day, Labor Day and New Year’s Eve. ii. In even-numbered years, petitioner shall have New Year’s Day, Memorial Day, Labor Day and New Year’s Eve, and petitioner shall have Easter, 4‘“of July and Thanksgiving. iii. The parties will alternate Christmas Eve and Christmas Day With Petitioner having the children every Christmas Eve from 10:00 a.m. to 10:00 a.m. Christmas Day in odd years and Respondent having the Day from 10:00am. until the following morning children every Christmas in the even years. The parties will alternate the children’s birthdays with Petitioner iv. having the children on odd years and Respondent having them in even years. v. Petitioner shall have the children every Mother’s Day and Respondent shall have the children every Father’s Day. vi. Any holiday time set forth above supersedes the regular parenting time schedule set forth in paragraph 5. Vacation. Each party may take up to 2 weeks’ vacation with the children B. upon 30 days’ notice; provided that any international travel must be approved by both Petitioner and Respondent. Each party shall plan their vacations to minimize away fi'om the other parent’ s parenting time. If an agreement cannot the time taken international trip, the patties agree to first utilize be reached regarding a proposed OQ‘FA'17‘835 Filed in Sixth Judicial District Court PM 10/6/2017 2:31 Carlton CountyMN mediation or an alternative form of dispute resolution prior to submittihg the matter to a court. C. School District. The parties agree that the children will remain in the Cromwell school unless there district isa mutual agreement of the parties or further Order of this Court. The parties also will not move the children out of state unless both parties agree. D. Phone Contact. Both parents will have the right to reasonable telephone contact with the children while the children are in the care of the other parent. On days when the children are in Petitioner’s cate, Respondent shall have the right to call Petitioner’s house until 8 p.111.to talk with the children. On days when the children are in Respondent’s care, Petitioner shall have the right to call Respondent’s house until 8 pm. to talk with the children. The on-duty parent shall make sure that the children are available to talk with the other parent or if the children are not immediately available and the other parent leaves a message for the children, the on-duty parent will ensure that the children return the call as soon as possible. E. Qflfl. Neither party will disparage the other parent to the children. F. Mediation. The parties shall mediate any issues regarding parenting time and related issues prior to bringing any of those issues to the Court, as set forth in the Order filed May 9, 20 I7 and incorporated herein. Child Sugport. A. Basic Support. Commencing September 1,2017, Respondent shall pay to Petitioner $600.00 per month in child support. Commencing September 1, 2019, 09-FA—1 7-835 Filed in Sixth Judicial District Cour't PM 10/6/2017 2:32 M Carlton County, child support shall be set at $500.00 per month until March 1, 2021. After March 1,2021 , either palty may ask for a recalculation of child support. B. Extracurricular Expenses. If the parties mutually agree to enroll the minor children in extracurricular activities, the costs shall be divided between the parties 50/50. Neither party shall unreasonably withhold consent for the children to participate in extracurricular activities. C. Health Insurance. Respondent shallmaintain health and dental insurance for the minor children at his cost. The panics shall split any uninsured medical, dental and orthodontia expenses 50/50. of one of D. Support for the minor children shall continue until the occurrence the following events: 1. The child attains the age of 18 years or graduates from high school, the whichever occurs last; provided, however, that support will not continue past child’s 20th birthday; 2. The chj1d becomes self-supporting, is emancipated, marries, serves in the armed forces of the United States or is deceased; or 3. There isa further order of the court. September 2017, Respondent shall pay to 6. Maintenance. Commencing 1, in maintenance. Commencing September 1, 2018, Respondent Petitioner $1,000.00 per month month in maintenance until September 1, 2019, upon which shall pay to Petitioner $800.00 per date maintenance shall tenninate. The court shall be divested ofjurisdiction to award Petitioner maintenance or alter the amount 01' duration of the temporary any finther or additional jurisdiction to enforce Respondent's obligation to pay maintenance. The court shall retain OQ'FA‘17‘835 Filed in Sixth Judicial District Court PM 10/6/201 7 2:32 MN Carlton County, temporary maintenance owed to Petitioner above. The spousal maintenance payable by Respondent to Petitioner shall terminate immediately if Petitioner remarries 01‘upon the death of either party. It isintended that this maintenance payable to Petitioner shall be included in Petitioner's gross income, pursuant to Section ’71 of the Internal Revenue Code, and shall be deductible by Respondent, pursuant to Section 215 of the Internal Revenue Code. 7. The information set forth at Appendix “A” attached hereto and made a pm hereof shallbecome a part of the Final Order entered herein. 8. Spousal Maintenance/Child support Via Agtorggtic Income Withholdigg. Upon application by either palty, spousal maintenance and child support will be via automatic income withholding. The following information is provided for automatic income Withholding purposes, pursuant to Minnesota Statutes § 518.63: Obligor’s Name: Clint Alden Disterhaupt Obligor’s Date of Biflh: January 8,1978 Name and Address of Obligor’s Employer or Other Payer of Funds: Cuyuna Region Medical Center 320 East Main Street Crosby, MN 56441 NOTICE: The Obfigor shall keep the Public Authority infanned of the name and address of his/her cmrent employer or other payer offunds. The Obligor shall also keep the Public Authority infonned as to whether he/she has access t0 employment related health insurance coverage and, if so, the health insurance policy information. 9. Tax Dependent Credit. Petitioner shall claim one children as a dependent and Respondent shall claim one child as a dependent for federal and state income tax filing purposes. 10 09-FA—1 7—835 Coun Filed in Sixth Judicial District 10/6/2017 2:32PM Carlton CountyMN 10. Real Estate. Respondent shall be awarded the entire ownership interest in real estate located at 3099 South Finn Road, Kettle River, Carlton County, Minnesota which is legally described as: Southeast One Quarter of Southeast One Quarter (SE1/4 of SE1 l4), Section Fifteen (I S), Township Fofiy—scven (47), Range Twenty- one (21). RESERVING However, an easement for ingress and egress along the South 25 feet of said SE1/4 of SE1/4, Section 15, Township 47, Range 21, for the benefit of the SW1/4 of SE1/4, the SE1/4 of SW1/4 and the SW1/4 of SW1/4, all in Section 15, Township 47, Range 21. Respondent shall also be awarded the entire ownership interest in real estate located at 228 7th Street Northeast, Crosby, in Crow Wing County, State of Minnesota, with the following legal description: Parcel 1: The North 24.4 feet of Lot Nine (9); the North Half (Nl/2) of the South 262 feet of Lot Nine (9); the North Half (N1/2) ofthe South 262 feet ofthe West 15.5 feet of Lot Ten (1 O); all in Raymond’s Acres, Crow Wing County, Minnesota. Parcel 2: The South Half (81/2) of Lot Eight (8),Raymond’s Acres, Crow Wing County, Minnesota. Immediately upon entry of this Judgment and Decree, Petitioner shall execute Quit Claim Deeds drafled by Respondent’s attorney conveying Petitioner’s interest inboth properties to Respondent, or a Summary Real Estate Disposition Judgment. IfPetitioner fails to execute said documents, recording a certified copy ofthe Judgment and Decree shall operate to effectuate the transfer of Petitioner’s interest in each parcel to Respondent. Petitioner and Respondent shall cooperate in the prompt entry of a Summary Real Estate Disposition Judgment if requested by either party. 11D Automobiles. Petitioner shall retain the 2006 Dodge Dumngo and the 1998 Ford Mustang GT along With any encmnbrances thereon and indemnify and hold Respondent harmless for said encumbrance. Respondent shall retain the 2011 Ford Focus and the 2004 Ford 11 OQ'FA'17'835 Filed in Sixth Judicial District Caurt PM 10/6/2017 2:32 MN Carlton County, F-350 Superduty truck along with any encumbrances thereon and indemnify and hold Petitioner harmless for said encumbrance. 12. Persona} Progergx. Petitioner is awarded all property on attached Exhibit “D” except Respondent is awarded the weed whipper, pig roaster, mixed dfink mixer, his family Christmas decorations, the Z570 snowmobile and steamcleaner. Petitioner is also awarded her grandfather’s horse cart, a snowmobile of Respondent’s choice, and the 2011 Rockwood camper subject to the loan which she shall assume and indemnify, defend and hold Respondent harmless thereon. Respondent is awarded the entire interest in his cattle and the logging contract, and the 2002 Tracker Marine boat and trailer.Each party is awarded all right, titleand interest to the personal propefly in his or her possession, other than items mentioned above. 13. HSA Account. The Respondent’s HSA — Current balance of $1 1,148.00 shall be divided equally between the parties within 15 days of this Order. 14. Retirement Accounts. Each pally shall be awarded their respective 401K retirement accounts from Cuyuna Regional Medical Center, except that Respondent’s is subj ect to a transfer to Petitioner of $46,122.44 pursuant to Pamgraph 15 as an equity balancing payment. 15. Equitv Balancing Payment. As an equity balancing payment, Respondent shall pay Petitioner the sum of $46,122.44 from his 401K account at Cuyuna Regional Medical Center to Petitioner’s 401 (K) at Cuyuna Regional Medical Center. The parties shall cooperate in making Qualified Domestic Relations Order this transfer. If a isrequired, itshall be drafied by Petitioner’s attorney within 30 days of entry of Decree herein, subj ect to approval by Respondent’s attorney. 16. Additional Equity Balancing PavmglLt. As an additional equity balancing payment, Respondent shall pay Petitioner the sum of $39,000 cash, payable within 3 0 days of entry 09-FA—17-835 ~ - Filed In Sixth Judicial District Court 10/6/2017 2:32PM MN Carlton County, of Judgment and Decree. Petitioner shall retain a lien on the homestead property to secure this equity balancing payment, which may also be secured by a Promissory Note and Mortgage signed by Respondent. The Best Buy credit card ($2,840.00), Scheels credit card ($425.00) and l7. 29mg. Menards credit card ($683.00), bills shall be divided equally between the parties. Other than the debts previously awarded, each party shall be responsible for their own credit card and other debt incurred in their name and shall hold the other harmless and indemnify for said debt. be responsible for his or her ' 18. Attorney Fees and Costs. Wife and Husband shall own attorney fees and costs incurred incident to this proceeding. Diana Bouschor Dodge and Elizabeth A. Storaasli shall 19. Discharge of Attorneys. effective sixty-one (61) days fi'om the date of entry of the no longer be the attorneys of record Judgment and Decree herein. 20. Service 0f the Judggent and Decree. Service of a copy ofthe Final attorney, Elizabeth A. Storaasli, 202 Judgment and Decree herein may be made upon Husband’s West Superior Street, Suite 200, Duluth, Minnesota 55802, by United States mail, and providing to the Court an Affidavit of such service for attachment to the original Judgment & Decree. service for all purposes. The same shall be in lieu ofpersonal Such service by mail will be good service upon Husband. Service upon Wife shallbe by U.S. mail to Wife’s attorney’s address. 21. Execution and Exchange of Documents. Each party hereto shall hereafter upon any reasonable request made by the other party execute and deliver to the requesting party such assignments and other do cuments as may be necessmy and required to fully effectuate each and allofthe provisions contained herein; and in this connection, the party entitled to and/or requesting such assignments or other documents shall pay any expenses 13 OQ'FA‘17'835 Filed in Sixth Judicial District Court PM 10/6/2017 2:32 Carlton CountyMN incurred in the preparation thereof and shall also pay any and allrecording and filing fees and all other attendant expenses. 22. Full Discharge and Release. That each party expressly stipulates and agrees that each has entered in to this stipulation after full disclosure upon the advice of respective counsel and that each has relied upon the other party having disclosed all of his or her assets, both real and personal, allincome, including any and all assets or income in the nature of third parties and under their control whether or not in their names. If either party discovers an asset or debt that was undisclosed in the dissolution proceeding the Court has jurisdiction to allocate the disposition of said undisclosed asset or debt pursuant to Minn. Stat. 5 l 8 .l 45. That each ofthe parties hereto has entered into this stipulation intending that it be a full, complete, and final settlement in satisfaction of any and allclaims of any kind, nature, and description to which each party may be entitled or claim to be entitled,now or in thelfuture, against the other, except as expressly provided herein to the contrary, each isreleased from any and all further liabilityof any kind, nature or description whatsoever to the other. 23.