Decree or Final Support Order - Rachel E. Hemer and Concerning Jonathan R. Hemer - Cddm001879

8/22/2019 Decree or Final Support Order - Rachel E. Hemer and Concerning Jonathan R. Hemer - Cddm001879

1/38


2/38

E-FILED 2013 MAY 20 11:53 AM SAC - CLERK OF DISTRICT COURT


3/38



4/38



5/38

E-FILED 2013 MAY 23 4:14 PM SAC - CLERK OF DISTRICT COURT


6/38

E-FILED 2013 JUN 10 12:24 PM SAC - CLERK OF DISTRICT COURT


7/38



8/38



9/38

E-FILED 2013 JUL 23 4:50 PM SAC - CLERK OF DISTRICT COURT


10/38



11/38



12/38



13/38

IN THE DISTRICT COURT OF THE STATE OF IOWA

IN AND FOR SAC COUNTY

In re the Marriage of Rachel E. Hemer and Jonathan R. Hemer

Upon the Petition of

RACHEL E. HEMER,Petitioner,

and concerning

JONATHAN R. HEMER,Respondent.

CASE NO: CDDM001879

ORDER ON TEMPORARY MATTERS

Thismatter is presented to the Court by agreement of the parties. The Petitioner, Rachel

E. Hemer (Rachel), appeared by her attorney, Bruce Becker of Bruce Becker, P.C. Law Office,

P.O. Box 38, Sac City, Iowa 50583. The Respondent, Jonathan R. Hemer (Jon), appeared by

his attorney, Maura Sailer of Reimer, Lohman & Reitz, 25 South Main, P.O. Box 248, Denison,

Iowa 51442.

The court, having examined the pleadings and documents filed herein and otherwise

being advised in the premises, now makes Findings and Orders as follows:

1. The court has jurisdiction of the subject matter and the parties hereto.2. The parties are the parents of minor children A.H. and E. H.3. The court has been advised that the parties have reached an agreement on

temporary matters.

IT IS THEREFORE ORDERED AS FOLLOWS:

4. TEMPORARY CUSTODY: On a temporary basis RACHEL and JON shall havejoint legal custody and joint physical care of the parties minor children.

5. PARENTING PLAN:

E-FILED 2013 JUL 24 10:36 AM SAC - CLERK OF DISTRICT COURT


14/38

a. PARENTING TIME: During the pendency of this action RACHEL and JONshall have parenting time with the minor children as the parties can agree. In

the event the parties do not agree on said parenting schedule then the parties

shall rotate every other week exchanging the children on Sunday nights at

6:00 p.m.

b. TRANSPORTATION:The parent ending his/her parenting period is to dropoff the children at the other parents residence or any other approved

designated location.

c. TELEPHONE ACCESS:

Either party may have access to the children by

phone while they are at the residence of the other parent between the hours of

9:00 a.m. and 9:00 p.m. daily. In addition, the children will be allowed to call

either parent at any time they choose. Neither parent shall unreasonably deny

telephone access to the children.d. CHILDCARE: The parties desire to provide consistent schedules for the

children and therefore agree that neither parent will take the child to daycare

before 7:30 a.m. each day.

e. DISCIPLINE: Both parents agree that discipline for the children should beconsistent and fair between the residences. Discipline may include taking

away privileges, giving additional chores, etc. Physical discipline (striking,

spanking) is not acceptable.

f. CHILD SUPPORT: During the pendency of this action, JON shall providechild support to RACHEL in the amount of $189.00 per month starting July 1,

2013 and on the first day of each month thereafter until a final decree is



15/38

entered. All payments shall be made through the Clerk of Court unless an

income withholding order is entered. This amount of child support is in

accordance with the child support guidelines.

g. MEDICAL SUPPORT: During the pendency of this action, JON shallcontinue to provide health insurance for the children. Any uncovered medical

expenses for the children shall be divided as follows: JON shall pay 60% and

RACHEL shall pay 40%.

6. JOINT BANK ACCOUNT: The parties may each remove $1000 from their jointbank account. The balance of the account shall be preserved until the final decree

is entered. The parties will each maintain their own separate banking accounts.

7. MARITAL HOME: JON currently resides in the marital home. The partiesagree that RACHEL may reside in the marital home, exclusive of JON. JON shall

be responsible for the July 2013 mortgage payment on the marital home,

thereafter RACHEL shall be responsible for all payments on the marital home.

JON will vacate the marital home no later than August 1, 2013 and shall find

suitable housing for him and the children. JON will find suitable housing within

the Lake View School District.

8. OTHER PAYMENTS: All income on the rental property shall be applied towardthe note on said property.

9. SPOUSAL SUPPORT: JON shall pay RACHEL temporary spousal support inthe amount of $300 per month beginning August 1, 2013.

10. ATTORNEY FEES: Neither party shall be required to pay the other temporaryattorney fees.



16/38

State of Iowa Courts

Type: ORDER FOR TEMPORARY CUSTODY

Case Number Case Title

CDDM001879 RACHEL E. HEMER V. JONATHAN R. HEMER

So Ordered

Electronically signed on 2013-07-24 10:36:09 page 4 of 4



17/38

E-FILED 2013 AUG 06 11:51 AM SAC - CLERK OF DISTRICT COURT


18/38

2RDM03

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN RE THE MARRIAGE OFRACHEL ELIZABETH KRAMER HEMER AND JONATHAN ROY HEMER

UPON THE PETITION OFRACHEL ELIZABETH KRAMER HEMER ,

PETITIONER,AND CONCERNINGJONATHAN ROY HEMER ,

RESPONDENT.

Case No. 02811 CDDM001879

ORDER FOR TRIAL ON PETITIONFOR DISSOLUTION OF MARRIAGE

On August 22, 2013 , the above-entitled matter is presented to the Court forattention. The Petition for Dissolution of Marriage has been on file for more than 90

days. The Court finds that this matter should be scheduled for trial pursuant to districtadministrative rule number 2.7.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. This matter shall be scheduled for trial by the court administrator as soon aspracticable. One day has been allocated for trial. The parties shall inform the courtadministrator if additional time is required.

2. If a party believes that this case should be exempted from automaticassignment for trial, the parties shall file an application for exemption, stating the

reasons therefore, within ten days of the filing of this order. The application shall besigned personally by the party making the application. A copy shall be sent to thecourt administrator. The application shall be brought to the attention of the Court in themanner of a motion.

3. Not later than five days prior to the trial, the parties shall exchange exhibitsand exhibit list(Petitioner to use numbers and Respondent to use letters.) Further, thefollowing shall be filed with the clerk of court at the same time:

(a) Each party's current affidavit of financial status, if not previously filed;1 of 3



19/38

(b) Each party's child support guidelines worksheet (if applicable and notpreviously filed);

(c) Each party's certificate of completion of Children in the Middle (if applicable);(d) The pretrial stipulation form prescribed by the Court, which shall contain

each party's proposal for resolution of all pending issues.

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).

Disablity coordinators cannot provide legal advice.

CLERK TO FURNISH COPIES TO:BRUCE EDWARD BECKERMAURA SAILERDISTRICT COURT ADMINISTRATORPetition File Date: 05/20/13

2 of 3



20/38


Case Number Case TitleCDDM001879 RACHEL E. HEMER V. JONATHAN R. HEMER

Type: ORDER DIRECTING CT. ADMIN. TO SET TRIAL DATE

So Ordered

Electronically signed on 2013-08-22 09:40:07

3 of 3



21/38

Notice Id: 2CA004IN THE IOWA DISTRICT COURT FOR SAC COUNTY

RACHEL ELIZABETH KRAMER HEMER ,

Plaintiff / Petitioner,

vs.JONATHAN ROY HEMER ,

Defendant / Respondent.

Notice of Civil Trial Setting Conference

Case No: 02811 CDDM001879

A scheduling conference will be held on 09/05/13 at 11:00 AM with Kellie Orres, as District CourtDesignee, pursuant to I.R.C.P 1.602.

This conference shall be conducted by telephone conference call initiated by plaintiff's counsel.Kellie Orres may be contacted via telephone at: (515) 574-3752.

1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A partywho is not represented by counsel shall contact the Court Administrator's office (at the above phonenumber) prior to the date and time of the conference call.2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the SupremeCourt's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALLBE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN.3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or issubstantially unprepared to participate in the conference, the Court may impose appropriatesanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).

/s/ Kellie Orres---------------------------------------Designee of the Court

Clerk to provide copies ornotice of document to attorneysof record and parties appearing

E-FILED 2013 AUG 26 1:49 PM SAC - CLERK OF DISTRICT COURT


22/38

pro se.



23/38

Case ID : 02811 CDDM001879 - RACHEL E. HEMER V. JONATHAN R.HEMER

Event Cd : OFTN

BRUCE EDWARD BECKER filed

MAURA SAILER filed



24/38

E-FILED 2013 SEP 06 2:58 PM SAC - CLERK OF DISTRICT COURT


25/38

E-FILED 2013 SEP 30 11:02 AM SAC - CLERK OF DISTRICT COURT


26/38



27/38



28/38



29/38



30/38



31/38



32/38



33/38



34/38



35/38



36/38

IN THE DISTRICT COURT OF IOWA IN AND FOR SAC COUNTY

In Re the Marriage of Rachel E. Hemer and Jonathan R. Hemer

UPON THE PETITION OF :

RACHEL E. HEMER, :

NO. CDDM001879

Petitioner, :

AND CONCERNING : DECREE FOR

DISSOLUTION OF MARRIAGE

JONATHAN R. HEMER, :

Respondent. :

___________________________________

This matter comes on for hearing and final determination before the Court on the

Petition for Dissolution of Marriage filed by the Petitioner. The Petitioner appearing in

person and by her attorney, Bruce Becker, and the Respondent appearing not.

The Court finds that the Respondent has been duly served with a proper Original

Notice with Acceptance of Service filed on May 23, 2013, on file for more than ninety

days. That the Court has jurisdiction over the parties and the subject matter herein.

The Court hears the proof and the corroboration of this matter and finds that the

facts are as alleged in the Petition and the Petitioner is entitled to the relief included

herein.

That there has been a breakdown of the marriage relationship to the extent that the

legitimate objects of the matrimony have been destroyed and there remains no reasonable

likelihood that the marriage can be preserved.

The Court further finds that the parties hereto have entered into a Stipulation as to

property settlement; and the Court finds that said Stipulation is fair as to both parties



37/38

concerned, and the same is incorporated in this Decree and made a part hereof as fully as

if set forth at length herein and shall be binding upon both parties involved in this action.

The Court further finds that these parties have made several attempts at

conciliation and that any further conciliation procedures would be futile.

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the

marriage of Rachel E. Hemer and Jonathan R. Hemer is hereby dissolved and terminated.

IT IS FURTHER ORDERED that the Stipulation and Property Settlement

Agreement entered into by these parties is made a part of this Decree, and the same is

binding upon both parties hereto.

IT IS FURTHER ORDERED that conciliation procedures in this dissolution of

marriage are waived.

IT IS FURTHER ORDERED pursuant to Code of Iowa, Section 252D, that if the

Respondent defaults in making his child support payment, that is, the required payments

are not timely made, in an amount equal to one month delinquency, the default may be

certified to the Clerk of Court and the Court shall order portions of the person's earnings

sufficient to pay the support obligation to be assigned to the Clerk of Court.

IT IS FURTHER ORDERED that the costs of this action shall be paid one-half by

the Petitioner and one-half by the Respondent.



38/38


Type: DECREE OR FINAL SUPPORT ORDER

Case Number Case Title

CDDM001879 RACHEL E. HEMER V. JONATHAN R. HEMER

So Ordered

Electronically signed on 2013-09-30 11:30:05 page 3 of 3


Documents

Decree or Final Support Order - Rachel E. Hemer and Concerning Jonathan R. Hemer - Cddm001879