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8/11/2019 015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy
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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
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8/11/2019 015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy
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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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8/11/2019 015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy
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8/11/2019 015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy
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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))
C =
Jfc
CASENO. 9CWSkTfa
>- (IF
A P P L I C A B L E
-rr-
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.
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8/11/2019 015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy
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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
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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 -
8/11/2019 015476 SCSC - Small Claims Cases Against Lake City Man Dismissed After Notice of Filing of Bankruptcy
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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
1 of 2
E-FILED 2014 AUG 14 9:04 AM SAC - CLERK OF DISTRICT COURT
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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
2 of 2
E-FILED 2014 AUG 14 9:04 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 AUG 14 3:30 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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
E-FILED 2014 AUG 27 2:13 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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.
1 of 2
E-FILED 2014 AUG 28 9:36 AM SAC - CLERK OF DISTRICT COURT
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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
2 of 2
E-FILED 2014 AUG 28 9:36 AM SAC - CLERK OF DISTRICT COURT
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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