Public Notice — Marriage of Maria Rodriguez Pena and Gerardo Garcia
Public Notice
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY
IN RE THE MARRIAGE OF:
MARIA RODRIGUEZ PENA and GERARDO GARCIA
UPON THE PETITION OF MARIA RODRIGUEZ PENA, Petitioner,
AND CONCERNING GERARDO GARCIA, Respondent.
CASE NO. CDCD127412
ORIGINAL NOTICE
TO THE ABOVE-NAMED RESPONDENT:
You are notified that Petitioner, Maria Rodriguez Pena’s, Petitioner for Dissolution of Marriage has been filed in the office of the clerk of this court naming you as the Respondent in this action. A copy of the Petition (and any documents filed with it) is attached to this notice. The name and address for the attorney for Plaintiff is Alice S. Horneber, Horneber Law Firm, P.C., MidAmerican Energy Building, 401 Douglas, St., Suite 502, Sioux City, IA 51101. The attorney’s phone number is 712-277-2333; and email address is alice.horneber@horneberlawfirm.com.
You must serve a motion or answer within 20 days after service of this original notice upon you, and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Woodbury County, at the county courthouse in Sioux City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition.
If you require the assistance of auxiliary aids or services to participate in court because of disability, immediately call your district ADA coordinator at 712-279-6035. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).
Clerk of Court
Woodbury County Courthouse
Sioux City, Iowa 51101
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
Iowa Judicial Branch
Case No. CDCD127412
County Woodbury
Case Title RODRIGUEZ PENA, MARIA VS GARCIA, GERARDO
You must file your Appearance and Answer on the Iowa Judicial Branch eFile System, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302).
Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and View documents in your case and to receive notices from the court.
For general rules and information on electronic filing, refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.iowa.gov/docs/ACO/CourtRulesChapter/16.pdf.
Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information, refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourself/protect-personal-information/.
Scheduled Hearing:
If you need assistance to participate in court due to a disability, call the disability access coordinator at (712) 279-6035. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). For more information, see www.iowacourts.gov/for-the-public/ada/. Disability access coordinators cannot provide legal advice.
Date Issued 08/02/2022 03:59:48 PM
District Clerk of Court or/by Clerk’s Designee of Woobury County
/s/ Teresa Parrish
Public Notice
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY
IN RE THE MARRIAGE OF:
MARIA RODRIGUEZ PENA and GERARDO GARCIA
UPON THE PETITION OF MARIA RODRIGUEZ PENA, Petitioner,
AND CONCERNING GERARDO GARCIA, Respondent.
CASE NO. CDCD127412
PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW Petitioner, Maria Rodriguez Pena, and for her Petition for Dissolution of Marriage, states:
1. Petitioner is a resident of Woodbury County, Iowa, and has been a resident of the State of Iowa for at least one year prior to the filing of this Petitioner.
Petitioner was born on (redacted) in San Francisco, Nayarit, Mexico.
Petitioner’s permanent residence is 5403 Morningside Avenue Trlr 33, Sioux City, Iowa 51106. Petitioner is represented by Alice S. Homeber, Homeber Law Firm, P.C., MidAmerican Energy Bldg., 401 Douglas St., Suite 502, Sioux City, Iowa 51101.
2. Respondent was born on (redacted) in Mexico. Respondent’s last known permanent residence was 4346 Tyler St., Sioux City. Woodbury County, Iowa 51108.
3. Petitioner and Respondent were married on (redacted) in Mexico.
4. Respondent is not known to be a member of the armed forces of the United States of America as defined by the Sailor’s Civil Relief Act of 1940. as amended.
5. Petitioner and Respondent separated in 2018 and Petitioner has not had any contact or communication with Respondent since the time of separation. Petitioner does not know of a place of residence for Respondent other than his last known permanent residence of 4346 Tyler St., Sioux City, Woodbury County, Iowa 51108.
6. There are no minor children whose welfare may be affected by this action.
7. To the best knowledge and belief of Petitioner, there is no other pending action for divorce, separation or dissolution of marriage between these parties in Iowa or any other state or country.
8. This Petition is filed in good faith and for the purposes set forth herein.
9. The marriage between the parties is irretrievably broken and there remains no reasonable likelihood that the marriage can be preserved through consultation or reconciliation.
10. Petitioner believes that conciliation measures would not preserve this marriage and requests that conciliation be waived.
11. The parties have been separated for three (3) years and Petitioner requests that the mandatory waiting period be waived.
12. During the course of the marriage the parties did not acquire any marital real or personal property or liabilities and a division of real or personal property or liabilities need not be made.
13. Petitioner requests that the filing of affidavits of financial status be waived.
WHEREFORE Petitioner, Maria Rodriguez Pena, respectfully prays:
1. The Court grant the parties a Decree of Dissolution of Marriage and return them to the full rights and status of single unmarried persons;
2. The Court waive the appointment of a conciliator and conciliation proceedings;
3. The Court waive the mandatory waiting period;
4. The award each party their own property and require each party to be responsible for their own liabilities;
5. The Court waive the filing of affidavits of financial status, and
6. For such other and further relief as the Court may deem just and equitable.
HORNEBER LAW FIRM, P.C.
By: /s/ Alice S. Horneber
Alice S. Horneber, #AT0003752
Horneber Law Firm, P.C.
MidAmerican Energy Building
401 Douglas Street, Suite 502
Sioux City, IA 51101
Phone: (712) 277-2333
Email: alice.horneber@horneberIawfirm.com
ATTORNEYS FOR PETITIONER MARIA RODRIGUEZ PENA
August 1, 2022
____________ Date
Maria Rodriguez Pena
I, Lisa Guerra, Interpreter, hereby state that on this 1st day of August, 2022, I provided a full and complete translation of the within Petition for Dissolution of Marriage from English to Spanish to Maria Rodriguez Pena and that Maria Rodriguez Pena acknowledged that she fully understood the contents of the Petition for Dissolution of Marriage and agreed with the statements contained therein prior to signing the Petition.
/s/ Lisa Guerra
302 Jones Street, Suite 100
Sioux City, Iowa 51101
Phone No. (402) 508-6549
Email: lisaguerra@myunited agent.com
STATE OF IOWA )
COUNTY OF WOODBURY ) ss:
On this 1st day of August, 2022, before me the undersigned Notary Public in and for the State of Iowa, personally appeared Maria Rodriguez Pena, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that she executed the instrument as her voluntary act and deed.
/s/ Alice S. Horneber
Notary Public – State of Iowa
ALICE S. HORNEBER
Iowa Notarial Seal
Commission number 600699
My Commission Expires
01/20//2023
Published in The Record
Thursday, August 11, 2022
Thursday, August 18, 2022
Thursday, August 25, 2022