Small Claims Case Against Sac City Couple Dismissed

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Transcript of Small Claims Case Against Sac City Couple Dismissed

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In the Iowa District Court in and for SAC County

Case No: 02811 SCSC011814 Title: L F NOLL INC VS JERRY AND PAMELABRAUCKMAN

NOTICE REGARDING ELECTRONIC FILING

This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertainingto the Use of the Electronic Document Management System. What is required of you? You must register to use the Electronic Document Management System (EDMS). If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register. You are required to have a current e-mail account for use with EDMS. Registration requires you to understandand agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining tothe use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can beginfiling and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing ofexceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemptionfrom registering and filing electronically. You must protect private information when using EDMS.Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management Systemspecifies personal information that is now considered protected by the court, as well as what you must do tokeep protected personal information out of the public documents you eFile. Training and technical support are available for EDMS.Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you havequestions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2014 MAR 18 3:16 PM SAC - CLERK OF DISTRICT COURT

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We look forward to your comments and suggestionsas we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District

In re the conversion of paper files to electric documents

Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to anelectronic file of any case not subject to the Rules Pertaining to the Use of the Electronic DocumentManagement System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pendingfiles that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. 2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. 3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. 5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically. It is so Ordered: Dated 3rd day of November, 2010

/s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

E-FILED 2014 MAR 18 3:16 PM SAC - CLERK OF DISTRICT COURT

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In the Iowa District Court in and for SAC County

Case No: 02811 SCSC011814 Title: L F NOLL INC VS JERRY AND PAMELABRAUCKMAN

NOTICE REGARDING ELECTRONIC FILING

This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertainingto the Use of the Electronic Document Management System. What is required of you? You must register to use the Electronic Document Management System (EDMS). If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register. You are required to have a current e-mail account for use with EDMS. Registration requires you to understandand agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining tothe use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can beginfiling and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing ofexceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemptionfrom registering and filing electronically. You must protect private information when using EDMS.Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management Systemspecifies personal information that is now considered protected by the court, as well as what you must do tokeep protected personal information out of the public documents you eFile. Training and technical support are available for EDMS.Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you havequestions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2014 MAR 18 3:16 PM SAC - CLERK OF DISTRICT COURT

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We look forward to your comments and suggestionsas we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District

In re the conversion of paper files to electric documents

Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to anelectronic file of any case not subject to the Rules Pertaining to the Use of the Electronic DocumentManagement System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pendingfiles that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. 2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. 3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. 5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically. It is so Ordered: Dated 3rd day of November, 2010

/s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

E-FILED 2014 MAR 18 3:16 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 MAR 19 12:38 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 MAR 19 12:38 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 MAR 19 12:38 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY SMALL CLAIMS DIVISION

L. F. NOLL, INC PLAINTIFF VS JERRY WAYNE BRAUCKMAN PAMELA KAYE BRAUCKMAN DEFENDANT (S)

ORDER REQUIRING THE

DEFENDANT TO APPEAR FOR A DEBTOR’S EXAMINATION

NO. SCSC011814

The Plaintiff’s attorney has submitted an application for an order

scheduling a debtor’s examination. Having reviewed the application and the file, the court finds that the plaintiff is entitled to such an examination.

IT IS ORDERED that the Defendant(s),JERRY WAYNE BRAUCKMAN and PAMELA KAYE BRAUCKMAN, shall appear at the SAC COUNTY COURTHOUSE, 100 N.W. STATE STREET, SAC CITY IA 50583, at 1:00 P.M. on APRIL 16, 2014, to be examined regarding the defendant’s financial situation.

IT IS ALSO ORDERED THAT the defendant is hereby REQUIRED to

bring to the debtor’s examination the defendant’s two most recent paycheck stubs (if any); all partnership agreements in which the defendant is a party; documents related to all stocks, bonds, mutual funds or certificates of deposit in which the defendant holds any interest, or in which the defendant has held an interest during the past twelve months; bank statements for the most recent six months in which the defendant has or had any interest or is authorized to sign checks or withdraw funds; all income tax returns for the most recent three years; and, titles, contracts, leases, and registration documents to all real estate and vehicles in which the defendant holds any interest or in which the defendant has held any interest during the past twelve months. THE DEFENDANT IS ADVISED that a failure to appear in court or otherwise comply with the directions of this order may result in a contempt proceeding against the defendant with the very real likelihood of incarceration in the county jail. IT IS FURTHER ORDERED that the plaintiff’s attorney is required to arrange for the personal service of a copy of this order upon the defendant at least seven (7) days in advance of the date set for the debtor’s examination.

E-FILED 2014 MAR 19 7:18 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleSCSC011814 L F NOLL INC VS JERRY AND PAMELA BRAUCKMAN

So Ordered

Electronically signed on 2014-03-19 19:18:50 page 2 of 2

E-FILED 2014 MAR 19 7:18 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 MAR 20 12:30 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTYSMALL CLAIMS DIVISION

L. F. NOLL, INC

vsPLAINTIFF

JERRY WAYNE BRAUCKMANPAMELA KAYE BRAUCKMAN

DEFEND ANT(S)

MOTION TO CONTINUE

NO. SCSC011814

COMES NOW the Plaintiff by and through the undersigned counsel of record and insupport of its Motion to Continue states to the Court as follows:

1. The above-captioned matter is set for Debtor's Exam on April 16,2014 at 1:00 p.m.2 The Defendants have made a payment arrangement with the Plaintiff.3. By mutual agreement the parties agree to continue the matter.

days.WHEREFORE, the Plaintiff requests the hearing on the matter be continued at least 60

PROOF OF SERVICE

The undersigned hereby certifies that a truecopy of the foregoing was:

personally deliveredmailedtransmitted to Fax #_ _ _

to each party at the last known addressattorney of record on^\M~ I ~K - •

or the

CC '-

/s/ Jessica R. NollJESSICA R. NOLL AT0008873705 Douglas Street, Suite 502Sioux City, IA 51101Phone:(712)252-5200Fax:(712)[email protected] FOR PLAINTIFF

E-FILED 2014 APR 14 1:20 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

SMALL CLAIMS DIVISION

L. F. NOLL, INC

PLAINTIFF

VS

JERRY WAYNE BRAUCKMAN

PAMELA KAYE BRAUCKMAN

DEFENDANT(S)

ORDER

NO. SCSC011814

Now on this day, the Plaintiff's Motion to Continue comes to the attention of the Court,

and the Court having read the same finds that the motion should be granted and the matter reset

upon application by the plaintiff. If no hearing is scheduled within 90 days then this matter will

be dismissed.

1396340

E-FILED 2014 APR 16 8:09 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 APR 16 8:09 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleSCSC011814 L F NOLL INC VS JERRY AND PAMELA BRAUCKMAN

So Ordered

Electronically signed on 2014-04-16 08:09:27 page 3 of 3

E-FILED 2014 APR 16 8:09 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 APR 25 12:30 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY SMALL CLAIMS DIVISION

L. F. NOLL, INC PLAINTIFF

Vs JERRY WAYNE BRAUCKMAN PAMELA KAYE BRAUCKMAN DEFENDANT(S)

MOTION TO DISMISS DEBTOR’S

EXAM

NO. SCSC011814

COMES NOW the Plaintiff by and through the undersigned counsel and in

support of it’s Motion to Dismiss Debtor’s Exam states to the Court as follows:

1. The above-captioned matter is set for a Debtor’s Exam on June 18, 2014 at 1:00 p.m.

2. Debtor’s Exam is no longer needed at this time.

WHEREFORE, the Plaintiff requests that the Court Dismiss the Debtor’s Exam scheduled for June 18, 2014 at 1:00 p.m. /S/ Jessica R. Noll JESSICA R. NOLL AT0008873

705 Douglas Street Suite 502 Sioux City, IA 51101 Phone (712) 252-5200 Fax (712) 252-4497 ATTORNEY FOR PLAINTIFF

E-FILED 2014 JUN 17 10:27 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY L F NOLL INC Petitioner, VS JERRY WAYNE BRAUCKMANPAM BRAUCKMAN

Respondent.

02811 SCSC011814

ORDER

The debtors' exam previously scheduled herein is cancelled.

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E-FILED 2014 JUN 17 7:43 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleSCSC011814 L F NOLL INC VS JERRY AND PAMELA BRAUCKMANType: OTHER ORDER

So Ordered

Electronically signed on 2014-06-17 19:43:33

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E-FILED 2014 JUN 17 7:43 PM SAC - CLERK OF DISTRICT COURT