015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy

8/11/2019 015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy

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Ui

;

IOWA

eForm 3.1: Original Notice and P etition for Money Judgment

In the Iowa District Court for Sac

FILED

U \

AUG-U

AM

8 *

ounty

Plaint if fs)

(Name)

(Address)

321 ^ Id^^rCUA

(Mame)

(Address)

Defendant(s)

vs.

(Name)

(Address)

Original Notice nd Petition

for Money

Judgment

To Defendant(s):

1. Y ou are not i f iedth tPlaintif f(s) demand(s) from you the amount of 1 /) Q D .

costs

based on (state b riefly the basis for the dem and , not to exc ee d 5000):

plus court

2. Jud gm ent m ay be entered aga inst you u nle ss you f ile an Appearance and Answer

within

20 days

of the service of the Original Notice upon you. Judgment may include the amount requested plus interest

and court costs.

3. Yo u must electronically f ile the Appea rance and Answ er using the Iowa Judicial Branch Electronic

Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile. unless you obtain

from the court an exemption from electronic filing requirements.

4 . If y o u r A p p e a r a n c e a n d A n s w e r i s f i le d within 2 0 d a y s a n d y o u d e n y t h e c l a i m , y o u w i l l r e c e i v e

electronic notification through E D M Sof the plac e and time of the hearing on this matter.

5. If you electronically file,E D M Swill serve a copy of the Ap pearan ce and Answ er on Plaint if fs) or on the

attorney(s) for P lain tiffs). Th e Notice of Electron ic Filing will indicate if Pla intiffs) is (are) exempt from elec-

tronic f iling, and if you must mail a copy of your App earance and Answer to Plain t if fs).

6. Yo u must also

notify

the clerk's office of any a ddress change .

/ s i ' . J ) j S l M .

/ s /

Fili ng Plaintiff or Attorney Se con d Plaintiff, if applicab le

Law

firm, orentityfor which f i l ing is mad e, if applicable Law firm, orentityfor which filing is m ade, if applicable

eFo rm 3.1, page 1 of 3


3/16

Mailing address

Telephonenumber

Email address

Additional email address, if applicable

Mail ing address

Telephone

number

Email address

Addit ional email

address,

if applicable

eForm 3.1, page 2 of 3


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Iowa

State Bank

Print Date and Time: 06/04/2014- 11:10:40AM

GENEMARTIN

323S.13THSTREET

SA CCITY,IA 50583

83

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to

the

Orderof_

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IN

T H E

I O W A

DISTRICT

C O U R T

FO R ^ W >

C O U N T Y

IN

R E T H E

C O N V E R S I O N

O F

FILES

T O E L E C T R O N I C D O C U M E N T S

R E Q U E S T

F O R

E X E M P T I O N F R O M

R E G I S T R A T I O N A N D E - F I L I N G

(Rule16.302(2))

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Jfc

CASENO. 9CWSkTfa

>- (IF

A P P L I C A B L E

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gp

CO

Pursuant to Iowa CourtRulesChapter 16.302(2), I,

hereby request

to be

excused from registering and filing docu ments

by

electronic m eans

for the following

reason s):

{

innn\ tiav^ M^L

A R E

Y O U C U R R E N T L Y R E G IS T ER E D W I TH

T H E

I O W A E L E C T R O N I C F I L IN G

S Y S T E M ?

YES [ / NO

Note: This request must be filed in each case you are requesting an exemption for.

Signature

o f

person requesting exemption

from

registration and

E-f i l ing:

What

is your roleinthiscase(i.e. defendant, plaintiff, etc.)?

Plaint Iff

Mailingaddress:

?2 7 So I ? ^

~t

TelephoneNo:/?/2 UbQ-QKbZ

Rule16.302 2) Exceptions.

Fo r

goodcause, the court, or

clerk

if no

judge

is

available,may authorize a

filer

to submit a

document by non-electronic

means

to the clerk

for

filing.

Upon

ashowing

of

exceptional

circumstances

that

it

is

not

feasiblefor

a party to

file

documents

by

electronicmeans, the

chief

judge

ofthe district

inwhich

a

case

is pending or the

chief

judge's designee may excuse the partyfrom

registering

to participate

in

the

electronicfiling

system

f or

purposes

of

that

case.


8/16

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Case No.02811 SCSC015476

Order for Exemption from Registering

re Electronic Filing (Rule 16.302(2))

ORDER

Pursuant to Rule 16.302(2), the undersigned hereby grants Gene F. Martin an exemption from registering to

participate in the electronic filing system for purposes of this case.

When submitting future paper filings in this case, said filer must include a notice to the Clerk of Court

indicating that he/she has been granted an exemption from registration and eFiling.

Dated this 08/04/2014

/s/ Donna Geery

Brenda McClure, Designee per 16.302(2

Rule 16.302(2) Exceptions.For good cause, the court, or clerk if no judge is available may authorize a filer to submit a document

by non-electronic means to the clerk for filing. Upon a showing of exceptional circumstances that it is

not feasible for a party to file documents by electronic means, the chief judge of the district in which a

case is pending or the chief judge's designee may excuse the party from registering to participate in the

electronic filing system for purposes of that case.

E-FILED 2014 AUG 04 9:37 AM SAC - CLERK OF DISTRICT COURT


9/16

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

GENE F. MARTIN, : SMALL CLAIMS DIVISION

Plaintiff, : SMALL CLAIMS NO. SCSC015476

v. :

JOSEPH DANIEL MOHR, : ANSWER OF DEFENDANT

Defendant. :

COMES NOW the Defendant, Joseph Daniel Mohr, by and through counsel, Wil L.

Forker, state as follows:

I enter my appearance and deny the Plaintiffs claim and ask that a hearing be set, with

the parties to be notified of the hearing date by electronic notification through the Iowa eFiling

system athttps://www.iowacourts.state.ia.us/EFile.

WHEREFORE, Defendant, Joseph Daniel Mohr, requests that Plaintiffs Petition be

dismissed and further relief as may be deemed just and equitable by this Court.

DATED this 13thday of August, 2014.

Respectfully submitted,

/s/Wil L. ForkerWIL L. FORKER, AT0002575701 Pierce St., Ste 303Sioux City, IA 51101(712) 252-1395(712) 252-4858 [email protected]

ATTORNEY FOR THE DEFENDANT

Copy to:

Gene F. Martin (electronically served)

E-FILED 2014 AUG 13 5:16 PM SAC - CLERK OF DISTRICT COURT
https://www.iowacourts.state.ia.us/EFilehttps://www.iowacourts.state.ia.us/EFilehttps://www.iowacourts.state.ia.us/EFilemailto:[email protected]:[email protected]:[email protected]://www.iowacourts.state.ia.us/EFile


10/16

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

GENE F MARTIN ,

Plaintiff(s), Case No: 02811 SCSC015476

vs. Order Setting Small Claim Trial

JOSEPH DANIEL MOHR ,

Defendant(s).

The defendant has filed a denial of claim and this matter should be set for trial. If either partybelieves that the trial will last more than one (1) hour, that party should promptly notify the Clerk ofCourt.

A Non Jury Trial is scheduled on 09/15/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa.

The Court will electronically record the trial. If either party desires that the trial be reported by acertified court reporter, that party must arrange for and pay for the costs of such reporting.

Clerk to provide copies to:PlaintiffDefendant

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State of Iowa Courts

Case Number Case TitleSCSC015476 GENE F. MARTIN VS JOEY MOHRType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2014-08-14 09:04:00

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GENE F. MARTIN, : NO. SCSC015476

Plaintiff, :

vs. : NOTIFICATION TO THE COURT

OF BANKRUPTCY STAY OF

JOSEPH DANIEL MOHR, : PROCEEDINGS

Defendant. :

________________________

COMES NOW the Defendant, and for Application for Stay of Proceedings, states to the

Court as follows:

1. That on the 9thday of June, 2014, the Defendant filed a voluntary bankruptcy in the

District Court of the United States, for the Northern District of Iowa, Western Division,

Bankruptcy No. 14-00943-S.

2. That the demand of the Plaintiff against the Defendant in this case existed at the time of

the filing of the said Petition in Bankruptcy and was properly scheduled in the Petition in said

bankruptcy proceedings as required by law.

3. That the Plaintiff in this case is and was the holder of said claim which is the subject of

this action and was duly notified of said bankruptcy proceedings as required by law.

4. That said bankruptcy is a bar to Plaintiff's claim against the Defendant.

5. That all proceedings are now within the jurisdiction of the above-named United States

District Court, and the above-captioned Court is without jurisdiction and can proceed no

further in this case.

/s/ Wil L. Forker_______________________

Wil L. Forker 1707701 Pierce St., Ste. 303

Sioux City, IA 51101

ATTORNEY FOR DEFENDANTcc: Gene F. Martin

323 S. 13thStreet

Sac City, IA 50583



14/16


GENE F MARTIN

Petitioner,

VS

JOSEPH DANIEL MOHR

Respondent.

02811 SCSC015476

ORDER

The defendant has filed a notice that he has filed a bankruptcy petition in federal court. For thatreason this action is stayed pending a release by the bankruptcy trustee.

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State of Iowa Courts

Case Number Case TitleSCSC015476 GENE F. MARTIN VS JOEY MOHRType: OTHER ORDER

So Ordered

Electronically signed on 2014-08-28 09:36:18

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16/16

Form 3.18: Dismissal

In the lowa District Court for Sac

County

Plajntiff(s)

WML ITioAi^

ismissal

(Name)

Small Claim No. SCsSC/Ol^H^L?

(Name)

V O .

Defendant(s)

(Name) *

(Name)

By this filing, I (we) dismiss our claim(s) (check only one of the following):

^ W ith preju dic e (I (we) cannot refile the claim(s)).

W ith ou t pre jud ice (I (we) may refile the claim(s)).

* _

b

laintifFs signature

Printed name

Plaintiffs signature

Printed name

Mailing

address

i

CD

Ph o n e # Phone#

Emai l

address

Emailaddress

Documents

015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy