October 1, 2013

TABLE OF CONTENTS ALL PEOPLE ACCUSED OF CRIMES ARE CONSIDERED INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
AGENDAS 4 - October 1, 2013 Sac County Supervisors Agenda ACCUSATIONS OF CRIME 5 - State Vs. Mindy Jo England - Pit Bull Dogs Prohibited 8 - State Vs. Mindy Jo England - Pit Bull Dogs Prohibited 11 - State Vs. Buster John Wirtjers - Disorderly Conduct 16 - State Vs. Buster John Wirtjers, Serious Assault, 2 counts 22 - State Vs. Blake Allen Wirtjers - Simple Assault, 2 counts and Disorderly Conduct 29 - State Vs. Blake Allen Wirtjers - Serious Assault, 2 counts SAC CITY NEWS 35 - Need help with your heating bill? 36 - Annual Halloween Night Hike Scheduled for October WALL LAKE NEWS 37 - Minutes of the September 23, 2013 Wall Lake City Council Meeting 39 - Bills approved by the Wall Lake City Council on September 23, 2013 ACCIDENTS 40 - Horse killed in collision DISSOLUTIONS 42 - Stipulation of Agreement - Sandra K. Theulen Vs. Robert L. Theulen 74 - Decree of Dissolution - Cindy Lynn Markham Concerning Rupert Willis Markham SMALL CLAIMS JUDGMENTS 136 - Judgment by default - United Bank Of Iowa Vs. Colin Dean frank 144 - Judgment Entry - Midland Funding Vs. Jennifer Wunschel 165 - Judgment by default - H & R Vs. Kristy Laigh Wefers 178 - Judgment Entry - United Bank of Iowa Vs. Donald and Jane Hout 193 - Judgment by default - City of Wall Lake Vs. Cindy Ann Barnes CRIMINAL JUDGMENTS 203 - Guilty Plea, Order - State Vs, Austin James Hertz 205 - Judgment Entry, Amended - State Vs. Craig Darwin Presley
CIVIL JUDGMENTS 229 - In the matter of property seized for forfeiture from 516 W 6th Street, Odebolt, Iowa PROBATE 238 - In the Matter of the Estate of Kathleen E. Determan 256 - In the Matter of the Estate of Miriam B. McFarland 274 - In the matter of the Estate of Lowell Aldag
SMALL CLAIMS FILED 286 - H & R Accounts Vs. Roger Dobernecker 287 - United Bank of Iowa Vs. Jeffrey C. Loyd 289 - Ronald L and Vickie E. Carlson Vs. Joe and Donna Ladehoff CASES WE ARE WATCHING 290 - Guilty Pleas and Deferred Judgment - State v Elizabeth Ann Aschinger - fecr012305 328 - Judgment - Margaret and John Smith v Loring Hospital - lacv019319 SPORTS 587 - Results of the September 16, 2013 ESC JV football game against SEW Grand 589 - Results of the September 21, 2013 ESC Cross Country Meet in Carroll 590 - Results of the September 23, 2013 ESC JV football game against Manson NWW 592 - Results of the September 24, 2013 ESC V Volleyball against Newell 593 - Results of the September 26, 2013 ESC V Volleyball against Laurens-Marathon 594 - Results of the September 26, 2013 ESC V Volleyball against Sioux Central 595 - Results of the September 26, 2013 ESC JVR football game against OA-BCIG 597 - Results of the September 27, 2013 ESC V Football game against GH-V EAST SAC COUNTY SCHOOL 600 - 2012-2013 gross employee wages 601 - Minutes of the September 24, 2013 ESC Annual Meeting 603 - Minutes of the September 24, 2013 ESC Regular Meeting 604 - Bills approved by the ESC School Board on September 24, 2013
E-FILED 2013 SEP 20 1:03 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA
CITY OF SAC CITY Plaintiff vs
Case No. 02811SCSMCR012418
Summons or Citation MINDY J ENGLAND Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: PIT BULLS PROHIBITED in violation of Section(s) 55.11 of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 09/30/2013 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.
/s/ SHELLEY BASS CLERK OF DISTRICT COURT SAC COUNTY IOWA Designee
Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate before whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1).
Recipient List Case ID : 02811SCSMCR012418 - CITY OF SAC CITY VS MINDY JO ENGLAND E-FILED 2013 SEP 20 1:12 PM SAC - CLERK OF DISTRICT COURT Event Cd : SUMM MINDY J ENGLAND filed
E-FILED 2013 SEP 23 10:48 AM SAC - CLERK OF DISTRICT COURT
CITY OF SAC CITY Plaintiff vs
Case No. 02811SCSMCR012423
Summons or Citation MINDY J ENGLAND Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: PIT BULL DOGS PROHIBITED in violation of Section(s) 55.11 of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 09/30/2013 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.
Recipient List Case ID : 02811SCSMCR012423 - CITY OF SAC CITY VS MINDY JO ENGLAND E-FILED 2013 SEP 23 10:48 AM SAC - CLERK OF DISTRICT COURT Event Cd : SUMM MINDY J ENGLAND filed
IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS BUSTER JOHN WIRTJERS Defendant 02811 SMCR012420
ORDER
The clerk shall issue a warrant for the defendant's arrest on these charges.
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State of Iowa Courts Case Number SMCR012420 Type: Case Title STATE VS BUSTER JOHN WIRTJERS OTHER ORDER So Ordered
Electronically signed on 2013-09-23 10:13:05
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS BUSTER JOHN WIRTJERS Defendant 02811 SRCR012419
ORDER
The clerk shall issue a warrant for the defendant's arrest on these charges.
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State of Iowa Courts Case Number SRCR012419 Type: Case Title STATE VS BUSTER JOHN WIRTJERS OTHER ORDER So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS BLAKE ALLEN WIRTJERS Defendant 02811 SMCR012421
ORDER
The clerk shall issue a warrant for the arrest of the defendant on these charges.
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State of Iowa Courts Case Number SMCR012421 Type: Case Title STATE VS BLAKE ALLEN WIRTJERS OTHER ORDER So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS BLAKE ALLEN WIRTJERS Defendant 02811 SRCR012422
ORDER
The clerk shall issue a warrant for the arrest of the defendant on these charges.
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State of Iowa Courts Case Number SRCR012422 Type: Case Title STATE VS BLAKE ALLEN WIRTJERS OTHER ORDER So Ordered
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2004-2013-2014 IOWA HOME ENERGY ASSISTANCE PROGRAM ATTENTION: RESIDENTIAL CUSTOMERS NEED HELP WITH YOUR HEATING BILL?
The 2013-2014 Low-Income Home Energy Assistance Program (LIHEAP) has been established to help qualifying low-income Iowa homeowners and renters pay for a portion of their primary heating costs for the winter heating season. The assistance is based on household income, household size, type of fuel, and type of housing. If you are not sure where to apply, please write to: LIHEAP Iowa Department of Human Rights Capitol Complex Des Moines, IA 50319 515-281-0859 or, call your local Community Action Agency. WHEN TO APPLY: A) Elderly (60 & over) and/or disabled: October 1, 2013 to April 30, 2014 B) All other households: November 1, 2013 to April 30, 2014 WHAT TO TAKE: Proof of income (for all household members age 19 and over) Most recent three months check stubs, award letter from Social Security or 2012 tax return Social Security numbers of ALL household members (documentation required) Recent heat bill Recent electric bill
INCOME MAXIMUMS Household Three Month Annual Size Gross Income Gross Income 1 $ 4,309.00 $ 17,235.00 2 $ 5,816.00 $ 23,265.00 3 $ 7,324.00 $ 29,295.00 4 $ 8,831.00 $ 35,325.00 5 $10,339.00 $ 41,355.00 6 $11,846.00 $ 47,385.00 For households with more than six members, add $1,508 per three months or $6,030 annually for each additional member.
WAGE EARNERS: Please bring copies of your check stubs for the threemonth period preceding the date of application, or a copy of your federal income tax return. FIXED INCOME: This income may include: Social Security Benefits, Supplemental Security Income, Family Investment Program, Veterans Assistance, Unemployment Insurance, and pensions. Please bring copies of your most recent three months check stubs. SELF-EMPLOYED/FARMERS: Please bring a copy of your most recent federal income tax return. FAMILY INVESTMENT PROGRAM (FIP) RECIPIENTS: Please bring your current DHS Notice of Decision or contact your local office for acceptable document information.
If you receive alimony or child support, it will also need to be verified. Paid for by Sac City Municipal Gas
Annual Halloween Night Hike Scheduled for October Join the Sac County Conservation Board at their 27th annual Halloween Night Hike at Hagge Park. We are busy planning the Pumpkin Carving Contest held Friday, October 18th and Halloween Night Hike scheduled for Saturday, October 19th with the rain date of Sunday, October 20th. We have scheduled the hike for one(1) night only. Beginning Tuesday, September 25th we started taking reservations for Hikes that will be given every 10 minutes from 6:00 p.m.-9:00 p.m. on the Saturday the 19th. The hike will take approximately 1 hour and is a mile in length. Reservations are required. You may call the office at (712) 662-4530 starting to set up your reservation, Monday-Friday, 8:00 a.m.-4:30 p.m. There will be a small fee as in the past. Our annual pumpkin carving contest will be held on Friday, October 18th at the Hagge Park shop beginning at 6:00 p.m. Note the starting time. Individuals wanting to attend will need to bring their own carving utensils and a pumpkin. Prizes will be awarded in three different age categories. All pumpkins carved will be used to help light the trail along the route. Volunteers for the night stalking, refreshments, acting, and trail keeping are needed. We are also in need of pumpkins, medium to large in size. If you would like to volunteer in anyway or have any pumpkins, please give us a call at the office.
Wall Lake, Iowa
September 23, 2013
Wall Lake City Council met in regular session at 7:00 p.m. in council chambers, presided by Mayor Steven Druivenga. Councilmen present: Ray Boeckman, Rob Germann, Francis Riedell, Gary Faber, and Daryl Potthoff. Visitors: Lynn Grosely, Nathan Summers, Curtis Bloes, Jamie Schoneboom, and Rick Hoppe. Germann moved to approve the agenda as printed, seconded by Potthoff. Ayes: All, motion carried. Boeckman moved to approve the September 9 minutes as written, seconded by Riedell. Ayes: All, motion carried. After a short discussion Faber moved to approve the bills to be paid with these additions; C&S Upholstery $250 for a total of $120,720.68, seconded by Potthoff. Ayes: All, motion carried. Discuss/Approve Generator Cost-at the previous meeting Council suggested we send Spring Lake Construction a receipt for a charitable donation for a generator. Council estimated the generator is worth approximately $25,000. Council asked Clerk to investigate the appropriate way to give the tax write off for the generator. Attorney Bush suggested a receipt for $25000 along with the phrase, charitable donation. The receipt has been sent to Spring Lake Construction. Discuss/Approve Commercial TIF Plan and wish list-Council has been working on a Plan for our Commercial TIF area. This work has also included John Morrow and the Commercial Industrial Corporation. The plan and wish list are incomplete at this time but Council will be able to finalize and approve at the November 11 meeting. CDBG-Project update; Council asked questions about the timeline of the well. The water test will take at least 4 weeks and has not begun. Sundquist Engineering is in the process of obtaining the correct permits to install the raw water pipe to the well pump house. The City will continue to work with the DNR to make sure the well is constructed according to regulations. Country Club Representative-discussing SCEF Grant-Jamie Schoneboom was present to discuss the upcoming infrastructure remodel at the Sac County Country Club. Schoneboom informed Council that the SCCC Board listed some updates that are imperative for continued business at the Club. A contribution from a member and the SCEF Grant would partially complete the updates. Schoneboom asked Council for support of the project in the form of a letter. Germann suggested Wall Lake should look into monetary support of the project then moved to approve a letter of support for the project, seconded by Riedell. Ayes: All, motion carried. Candidates for Mayor and City Council: Wall Lake has three candidates for City Council and one for Mayor. Clerk took the time to thank Daryl Potthoff for his eight years serving Wall Lake as a City Councilman. Ray Boeckman, Ron Lahr and Albert Schwanz will run for City Council and Mayor Druivenga will run unopposed for Mayor. Discuss Vestas Contract and replacement schedule-The City has a repair and maintenance contract with Vestas-American Wind Technology, Inc. This contract will expire in November 2013. Council has discussed using Vestas for a full service contract with main components included but thought the cost was too high. Vestas did not quote but approximated the cost to be around $100,000 per year for five years. This cost is too high for the receivables and after some discussion Germann moved to approve the 5 year contract for general maintenance at a cost of $10,500 per year, seconded by Potthoff. Roll call vote taken; Faber, Aye; Germann, Aye; Potthoff, Aye; Riedell, Aye; Boeckman, Aye. Ayes: All, motion carried.
Discuss/Approve Resolution 2013-16: A Resolution approving bond Purchase Agreement and providing for the issuance of General Obligation corporate Purpose Bonds, Series 2013 and providing for the levy of taxes to pay the same. The City Council of the City of Wall Lake, Iowa, met on September 23, 2013, at _7_ oclock p.m., at the Council Chambers_, Wall Lake, Iowa. The meeting was called to order by the Mayor, and the roll was called showing the following Council Members present and absent: Present: Gary Faber, Rob Germann, Daryl Potthoff, Francis Riedell, Ray Boeckman Absent: None . After due consideration and discussion, Council Member _Potthoff_ introduced the following resolution and moved its adoption, seconded by Council Member __Riedell____________. The Mayor put the question upon the adoption of said resolution, and the roll being called, the following Council Members voted: Ayes: Faber, Germann, Potthoff, Riedell, Boeckman Nays: None . Whereupon, the Mayor declared the resolution duly adopted as hereinafter set out. (a copy can be found at the City Clerks Office) Discuss bonds and available cash on hand-Clerk explained the Bond payments, remaining Principal, call dates and available cash in bank accounts. Germann was integral in the explanation of the payments and cash. Germann also had believes it would be more beneficial to the City to spend the savings instead of paying off low interest bonds. This is something the Council will examine when the time comes. Discuss/Approve SCEF Grants-Bleachers; this was on the previous meeting agenda and Council approved the $500 cash match for the project along with $684 in-kind match. After discussing the project with Hoppe the costs were reevaluated and will be $1526. These costs are for time and labor to level and pour the concrete slab the bleachers will rest on. After discussion Riedell moved to approve the new letter stating the City will provide $500 cash match and $1526 in-kind match for the Bleacher Project, seconded by Boeckman. Ayes: All, motion carried. Discuss/Approve Set Date for Halloween: After discussion Germann moved to have trick or treating on Halloween day October 31, from 5-7pm, seconded by Riedell. Ayes: All, motion carried. Discuss/Approve MEAN letter and subsequent bill: MEAN is the power company Wall Lake receives supplement power from. MEAN settled a lawsuit out of court and has passed the cost of that lawsuit on to its members. Wall Lakes share of that lawsuit is $5420.08 and we have the option to pay that debt in full, monthly over 5 years, or yearly over 5 years. After some discussion Faber moved to pay the cost in yearly increments over 5 years, seconded by Germann. Ayes: All, motion carried. Public forum: SETD would like City Council and Staff to fill out a questionnaire about the SETD. Boeckman asked about irrigation using the lagoons, the DNR offered many regulations for this. Mayor Druivenga will attend the Iowa League of Cities meeting from Wednesday to Friday. The Park Shelter house committee; Eric Blum, Dawn Potthoff, Travis Knobbe, and Steven Druivenga are selling raffle tickets for a $12,100 total winnings and a $10,000 Grand Prize. The proceeds will be used for the enclosed shelter house at the park. Winner will receive $10,000. The Wall Lake Historical Society sent the City a Thank You letter for the flowers. Boeckman asked about collections on delinquent utility bills. Clerk informed Council that we have had a couple of customers pack up and leave after the services were disconnected. Council asked if we could charge the landowner for the delinquent bill. Faber would like have housing clean up on the next agenda. Council thought the City of Odebolt collected delinquent utility bills from a homeowner. Council wants to look into this. Potthoff moved to adjourn, seconded by Faber. Ayes: All, motion carried. Steven Druivenga, Mayor Attest: Chris Rodman City Clerk
PP Payroll Clayton CPS IA Dept of Revenue IRS Steve Druivenga US Post Office Monthly Standing Bills Caf plan City Savings City Savings City Savings City of Lake View City of Wall Lake Acco Aflac Brown Supply C& S Upholstery Cook Distrib Cookies Cornbelt Cornbelt Cornbelt Dept of Energy Fastenal Gail Goodner Haley Equip Healy Excavating Iowa One Call I Wireless Luverne & Mary Bruening Office Elements Raccoon Valley Rick Steinkamp Shell Fleet Card Snyder & Assoc Windstream Wall Lake Hardware Western Iowa Tourism Library Baker & Taylor Baker & Taylor Chronicle Denise Mendenhall Doubleday Guideposts Ice Cube Press IA Lib Services Ingram
9/9/2013 commodity postage Sales Tax 941 Employer's Fed Tax reimb mtg. postage pension transfer transfer transfer police services utilities equipment insurance H2O dept repair truck seat TIF rebate TIF rebate tech support TIF rebate phone,internet purchase elec tools bldg permit inspect rental,parts fill sand locater svc Cell phone svc sidewalk copy contract security light pump lift station gas WL subdivision Cell phone svc supplies mts registration Lib materials Lib materials programs mileage lib prog 10/8 Lib materials Lib materials Lib materials Lib materials Lib materials Total Bills presented
pp pp pp pp pp pp pp
$ $ $ $ $ $ $
7,706.79 56,417.88 178.02 2,258.00 1,670.95 38.03 188.88
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
4,603.60 749.23 235.80 525.14 250.00 1,740.71 8,437.88 30.00 4,189.94 646.77 19,903.35 266.98 25.00 1,606.76 84.92 50.90 91.18 182.00 100.16 9.50 100.00 405.86 2,655.00 65.44 5,054.36 25.00 195.33 335.84 31.50 60.00 98.06 17.74 10.47 65.95 58.53 $ 52,908.90
$ 121,367.45
E-FILED 2013 APR 16 11:05 AM SAC - CLERK OF DISTRICT COURT
In the Iowa District Court in and for SAC County Case No: 02811 CDDM001863 Title: SANDRA K. THEULEN VS. ROBERT L. THEULEN
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 Pertaining to 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 understand and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to the 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 documents and documents filed electronically by other parties. When you have completed your registration, you can begin filing 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 of exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption from 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 System specifies personal information that is now considered protected by the court, as well as what you must do to keep 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 have questions about court procedures related to electronic filing, contact your county clerk of court office.
We look forward to your comments and suggestions as 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 an electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending files that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. 2. 3. 4. 5. 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. 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. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 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. 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
Recipient List Case ID : 02811 CDDM001863 - SANDRA K. THEULEN VS. ROBERT L. THEULEN E-FILED 2013 APR 16 11:05 AM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT ARTHUR ERIC NEU filed
In the Iowa District Court in and for SAC County Case No: 02811 CDDM001863 Title: SANDRA K. THEULEN VS. ROBERT L. THEULEN

Recipient List Case ID : 02811 CDDM001863 - SANDRA K. THEULEN VS. ROBERT L. THEULEN E-FILED 2013 APR 16 11:05 AM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT ARTHUR ERIC NEU filed
IN THE IOWA DISTRICT COURT FOR SAC COUNTY __________________________________________________________________ In Re the Marriage of SANDRA K. THEULEN and ROBERT L. THEULEN Upon the Petition of SANDRA K. THEULEN Petitioner, and Concerning ROBERT L. THEULEN Respondent. COMES NOW, Petitioner, Sandra K. Theulen through her attorney, A. Eric Neu, and states that Interrogatories and Document Production Request were mailed on April 16, 2013 to: Chris Polking, Attorneys for Respondent. No. CDDM 001863
NOTICE OF DISCOVERY REQUEST
/s/ A. Eric Neu A. Eric Neu ISBA #AT0005812 NEU, MINNICH, COMITO & NEU, P.C. 721 N. Main St. P.O. Box 367 Carroll, IA 51401 Telephone:712-792-3508;Facsimile : 712-792-3568 eric@nmcnlaw.com ATTORNEYS FOR PETITIONER
Notice Id: 2CA101
IOWA DISTRICT COURT FOR SAC COUNTY
SANDRA K THEULEN , Plaintiff / Petitioner, vs. ROBERT L THEULEN , Defendant / Respondent. Case No: 02811 CDDM001863 Trial Notice
The above entitled matter is hereby scheduled for non-jury trial on 09/20/13 at 09:00 AM . 1/2 Day Property Discovery Due 60 days prior to trial
/s/ Kellie Orres ----------------------------------Designee of the Court
Clerk to provide copies or notice of this document to attorneys of record, parties appearing pro se and assigned judge.
Docket Code = OSTR
Recipient List Case ID : 02811 CDDM001863 - SANDRA K. THEULEN VS. ROBERT L. THEULEN E-FILED 2013 APR 18 10:54 AM SAC - CLERK OF DISTRICT COURT Event Cd : OSTR ARTHUR ERIC NEU CHRISTOPHER C POLKING filed filed
E-FILED 2013 MAY 20 10:32 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN RE THE MARRIAGE OF SANDRA K. THEULEN AND ROBERT L. THEULEN
Upon the Petition of D.M. No. CDDM 001863
Sandra K. Theulen
DECREE OF DISSOLUTION Petitioner vs.
Robert L. Theulen
Respondent
The Court is presented with a Stipulation of Agreement executed by the parties and approved by their attorneys. Court being fully advised in the premises makes the following findings of fact: FINDINGS OF FACT 1. This Court does have jurisdiction of the parties hereto and the subject matter hereof. 2. From the evidence presented to this Court, the undersigned finds that there has been a breakdown in the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and their remains no reasonable likelihood that this marriage can be preserved and a Decree of Dissolution of Marriage should be granted to the parties. 3. The parties have been residents of Sac County, Iowa for more than one year last past. 4. The parties have jointly waived conciliation and it is found that conciliation procedures would be fruitless. 5. The Stipulation of Agreement entered into by these parties and approved as to form by their respective attorneys is hereby approved by this Court. ORDER, JUDGMENT AND DECREE IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the marriage of the Petitioner and the Respondent is hereby dissolved.
IT IS FURTHER ORDERED, ADJUDGED AND DECREE that the terms and provisions contained in the Stipulation of Agreement signed by the parties are hereby incorporated by reference in this decree as though fully set forth herein and the Clerk of this Court is directed to record the Stipulation of Agreement as part of this Decree. IT IS FURTHER ORDERED that any further conciliation procedures between the parties are hereby waived and that the parties shall each pay one-half of the costs of this action.
State of Iowa Courts Type: Case Number CDDM001863 DECREE OR FINAL SUPPORT ORDER Case Title SANDRA K. THEULEN VS. ROBERT L. THEULEN So Ordered
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E-FILED 2013 APR 25 12:39 PM SAC - CLERK OF DISTRICT COURT
In the Iowa District Court in and for SAC County Case No: 02811 CDDM001866 Title: CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM

Recipient List Case ID : 02811 CDDM001866 - CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM E-FILED 2013 APR 25 12:39 PM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT RUPERT W MARKHAM RUPERT W MARKHAM filed filed
In the Iowa District Court in and for SAC County Case No: 02811 CDDM001866 Title: CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM

Recipient List Case ID : 02811 CDDM001866 - CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM E-FILED 2013 APR 25 12:39 PM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT RUPERT W MARKHAM RUPERT W MARKHAM filed filed

In Re The Marriage of Cindy Lynn Markham and Rupert Willis Markham
UPON THE PETITION OF CINDY LYNN MARKHAM Petitioner AND CONCERNING
* * * *
NO. CDDM001866
RUPERT WILLIS MARKHAM * ORDER RE APPLICATION FOR Respondent * TEMPORARY CHILD SUPPORT ______________________________________________________________________________ The Petitioners Application for Temporary Child Support comes before this Court. The Court finds that the matter should be set for hearing on the financial affidavits of the parties. IT IS THEREFORE ORDERED that the parties shall submit financial affidavits and child support worksheets on or before noon on the 7th day of May, 2013.
State of Iowa Courts Type: Case Number CDDM001866 ORDER FOR TEMPORARY SUPPORT Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM So Ordered
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E-FILED 2013 MAY 01 3:04 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY _________________________________________________________ In Re the Marriage of Cindy Lynn Markham and Rupert Willis Markham Upon the Petition of ) ) CINDY LYNN MARKHAM, ) No. CDDM001866 ) Petitioner, ) ) And Concerning ) ) RUPERT WILLIS MARKHAM, ) ORDER ) Respondent. ) ___________________________________________________________ Petitioners Application for Temporary Child Support came on for hearing pursuant to the Order previously filed.. Petitioner has filed her Child Support Guideline Worksheet and related materials. Respondent has not filed
any financial documents or Child Support Guideline Worksheet notwithstanding the Courts Order of April 26, 2013, directing the parties to file said documents in advance of todays hearing. Based upon the information provided, the following Order is entered. ORDER IT IS ORDERED that commencing May 1, 2013, Respondent shall pay temporary child support to the Petitioner in the amount of $295.00 per month plus $69.33 per month medical support. Said payments shall be made on
the 1st day of each month during the pendency of this action. The payments due May 1, 2013, shall be paid on or before May 20, 2013.
Clerk to furnish copies to: Dee Wunschel Respondent
State of Iowa Courts Type: Case Number CDDM001866 OTHER ORDER Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM So Ordered
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2RDM03
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IN RE THE MARRIAGE OF CINDY LYNN MARKHAM AND RUPERT W MARKHAM UPON THE PETITION OF Case No. 02811 CDDM001866 CINDY LYNN MARKHAM , PETITIONER, AND CONCERNING RUPERT W MARKHAM , RESPONDENT. On May 16, 2013 , the above-entitled matter is presented to the Court for attention. 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 district administrative 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 as practicable. One day has been allocated for trial. The parties shall inform the court administrator if additional time is required. 2. If a party believes that this case should be exempted from automatic assignment 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 be signed personally by the party making the application. A copy shall be sent to the court administrator. The application shall be brought to the attention of the Court in the manner of a motion. 3. Not later than five days prior to the trial, the parties shall exchange exhibits and exhibit list(Petitioner to use numbers and Respondent to use letters.) Further, the following 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;
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ORDER FOR TRIAL ON PETITION FOR DISSOLUTION OF MARRIAGE
(b) Each party's child support guidelines worksheet (if applicable and not previously 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: DEE ANN WUNSCHEL , Esq. RUPERT W MARKHAM DISTRICT COURT ADMINISTRATOR Petition File Date: 02/14/13
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State of Iowa Courts Case Number CDDM001866 Type: Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM ORDER DIRECTING CT. ADMIN. TO SET TRIAL DATE So Ordered
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Notice Id: 2CA004
CINDY LYNN MARKHAM , Plaintiff / Petitioner, vs. RUPERT W MARKHAM , Defendant / Respondent. Notice of Civil Trial Setting Conference Case No: 02811 CDDM001866
A scheduling conference will be held on 05/28/13 at 10:30 AM with Kellie Orres, as District Court Designee, 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 party who is not represented by counsel shall contact the Court Administrator's office (at the above phone number) prior to the date and time of the conference call. 2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN. 3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is substantially unprepared to participate in the conference, the Court may impose appropriate sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).
/s/ Kellie Orres --------------------------------------Designee of the Court Clerk to provide copies or notice of document to attorneys of record and parties appearing
pro se.
Recipient List Case ID : 02811 CDDM001866 - CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM E-FILED 2013 MAY 16 12:26 PM SAC - CLERK OF DISTRICT COURT Event Cd : OFTN RUPERT W MARKHAM DEE ANN WUNSCHEL RUPERT W MARKHAM filed filed filed
From:
CLERK OF COURT: 81 Iowa Department of Human Services DRL2 0036 To Clerk of D i s t r i c t Court In and f o r SAC County Iowa Department of Human.Services Date: 05/20/2013 o 625 N WEST ST g CO P.O. BOX 937 IS too CARROLL, IA 51401 ^ CLERK OF COURT 100 NW STATE ST 12 SAC CITY, IA 50583 N>
GO
-<-n
To:
UPON THE PETITION OF CINDY LYNN MARKHAM,
ASSIGNMENT OF SUPPORT PAYMENTS Court Order #: CDDM001866 ICAR Number: 0846629
Petitioner, IABC Number: M010080000 vs, RUPERT WILLIS MARKHAM Respondent. Payee Name: CINDY L. MARKHAM
( )
Pursuant to the Code of Iowa, sections 239B.6 and 252A.13, you are here by n o t i f i e d that support payments are assigned to the Iowa Department of Human Services e f f e c t i v e the day of , Pursuant to Federal Regulation 42 CFR 433.146 and the Iowa Administrat i v e Code 441--75.14(4), you are hereby n o t i f i e d that medical support payments are assigned to the Iowa Department of Human Services, e f f e c t i v e the 1ST day of SEPTEMBER, 2012.
(X)
You are further advised that the Iowa Department of Human Services, pursuant to the assignment entered h e r e i n , remains e n t i t l e d to any delinquency which i s accrued as of the e f f e c t i v e date of any subsequent termination and the Department s p e c i f i c a l l y reserves i t s r i g h t to s a i d delinquency.
A l l correspondence and.support payments received by your o f f i c e , a f t e r the r e c e i p t of t h i s n o t i c e , s h a l l be forwarded with the above ICAR number to the the f o l l o w i n g address: C o l l e c t i o n Services Center P.O. Box 9125 Des Moines, Iowa 50306-9125
CS-3101-5 (Rev. 4/09) 470-0187
Notice Id: 2CA101
CINDY LYNN MARKHAM , Plaintiff / Petitioner, vs. RUPERT W MARKHAM , Defendant / Respondent. Case No: 02811 CDDM001866 Trial Notice
The above entitled matter is hereby scheduled for non-jury trial on 09/19/13 at 09:00 AM . 1 Day Custody Discovery Due 60 days prior to trial
Clerk to provide copies or notice of this document to attorneys of record, parties appearing pro se and judge if assigned
Docket Code = OSTR
Recipient List Case ID : 02811 CDDM001866 - CINDY LYNN MARKHAM VS. RUPERT WILLIS2013 MARKHAM E-FILED MAY 28 1:41 PM SAC - CLERK OF DISTRICT COURT Event Cd : OSTR RUPERT W MARKHAM DEE ANN WUNSCHEL RUPERT W MARKHAM filed filed filed
E-FILED 2013 JUN 14 9:40 AM SAC - CLERK OF DISTRICT COURT
2RDM01
IN RE: THE MARRIAGE OF CINDY LYNN MARKHAM AND RUPERT W MARKHAM
UPON THE PETITION OF CINDY LYNN MARKHAM , PETITIONER, AND CONCERNING RUPERT W MARKHAM , RESPONDENT. ORDER Case No. 02811 CDDM001866
It Is Ordered, as follows: 1. A hearing in regard to the Petitioner's motion for temporary custody and child support will be held on July 16, 2013, commencing at 11:30 a.m. in the courtroom of the Sac County Courthouse, Sac City, Iowa. 2. One half hour will be allowed for submission of this issue. Only the parties will be permitted to testify at the hearing. In addition, each party may submit no more than five (5) witness affidavits not more than two pages in length to suppor their custody claim. Those affidavits must be filed with the clerk of court and served on opposing party by ordinary mail no later than five (5) days prior to the hearing. 3. The isue of temporary support will be submitted on financial affidavits and child support guideline worksheets only. These documents must be filed with the clerk of court and served on opposing party by ordinary mail no later than five (5) days prior to the hearing.
CLERK TO FURNISH COPIES TO:

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DEE ANN WUNSCHEL PRO SE PARTIES
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State of Iowa Courts Case Number CDDM001866 Type: Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM OTHER ORDER So Ordered
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E-FILED 2013 JUN 24 1:25 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 JUL 09 1:52 PM SAC - CLERK OF DISTRICT COURT
2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
CINDY LYNN MARKHAM , Plaintiff, vs. RUPERT W MARKHAM , Defendant.
Case No. 02811 CDDM001866
COURT REPORTER MEMORANDUM AND CERTIFICATE
COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.) Appearances: For the State: Dee Wunschel For the Defendant: Pro Se Other: Information required by Iowa Rule of Civil Procedure 1.903(3): I, Jane A. Smith, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3): 1. The type of proceeding that was reported: Temporary Matters 2. The date(s) on which the proceeding occurred: 7/16/2013 3. The name of the court reporter who reported the proceeding: Jane A. Smith 4. The name of the judge who presided over the proceeding: Joel Swanson 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10. /s/ Jane A. Smith ___________________________________ District Court Reporter These notes were electronically filed.
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State of Iowa Courts Case Number CDDM001866 Type: Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered
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CINDY LYNN MARKHAM , Plaintiff, vs. RUPERT W MARKHAM ,
Case No: 02811 CDDM001866 EXHIBIT LIST
Presiding Judge: Joel Swanson Defendant.
The following exhibits were offered and admitted by the Court at the hearing as shown above: Petitioner 1: Disposition of Rupert Markham Case
A: ER Report
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State of Iowa Courts Case Number CDDM001866 Type: Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM EXHIBIT LIST So Ordered
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IN RE THE MARRIAGE OF CINDY LYNN MARKHAM AND RUPERT WILLIS MARKHAM
UPON THE PETITION OF CDDM001866 CINDY LYNN MARKHAM, ORDER Petitioner, AND CONCERNING RUPERT WILLIS MARKHAM, Respondent.
On July 16, 2013, the above matter comes before the Court on the request of Cindy Markham for temporary custody. The Petitioner appears personally along with her attorney, Dee Ann Wunschel. The Respondent appears personally without counsel. The parties are the parents of one child, Domonik Thomas Markham, born February 1, 2010. Domonik currently resides with his mother, Cindy Markham. The Petitioner and the Respondent have difficulty determining an appropriate schedule on a temporary basis for visitation. Both being employed, the Respondent voices concerns about the physical health of his son, all of which will be addressed at the time of hearing, which is set for September 19, 2013. On a temporary basis, the Court finds a schedule should be established for temporary custody and visitation. IT IS THEREFORE THE ORDER OF THE COURT that temporary custody of the minor child, Domonik, is granted to the Petitioner, Cindy Markham, with visitation granted to Rupert Markham shall be as follows: Every other weekend visitation commencing July 26, 2013, at 5:00 p.m. and ending July 29, 2013, at 5:00 p.m. This visitation shall be granted to the Respondent every other weekend until further Orders of the Court.
CLERK TO MAIL COPIES TO: Dee Wunschel Rupert Markham, 712 Noble Street, Marshalltown, IA 50158
State of Iowa Courts Type: Case Number CDDM001866 OTHER ORDER Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM So Ordered
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IN RE THE MARRIAGE OF CINDY LYNN MARKHAM AND RUPERT WILLIS MARKHAM
UPON THE PETITION OF CINDY LYNN MARKHAM Petitioner AND CONCERNING
NO. CDDM001866
* *
RUPERT WILLIS MARKHAM * DECREE of DISSOLUTION Respondent * ______________________________________________________________________________ Now on the 19th day of September, 2013 the matter of the above captioned dissolution came on for hearing and the Court was advised that an agreement between the parties had been reached. The parties were both present, the Petitioner appeared with her Counsel, Dee Ann Wunschel and the Respondent appeared Pro Se. The Court went on the record briefly to inquire into the terms of the partys agreement, directing the Counsel for Petitioner to draft a Decree reflecting the same. The Court finds that it has jurisdiction of the subject matter and the parties. The Court further finds that more than 90 days has passed since the filing of this matter and that counseling would be of no benefit and would not preserve the marriage. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the parties are granted a Dissolution of Marriage and restored to the rights and responsibilities of single persons as of this date. CUSTODY: The parties are granted joint legal custody with the Petitioner granted primary physical care of the partys minor child D.T.M., subject to the visitation rights of the Respondent as follows: The Respondent shall receive visitation on alternating weekends beginning at 5:00pm. On Friday night and concluding at 6:00pm on Sunday night. The schedule shall continue as set forth in the temporary order. The Respondent shall provide all transportation for his visitations.
The parties shall alternate the following holidays: Labor Day, Thanksgiving, Christmas Eve, Christmas Day, Easter, Memorial Day, 4th of July. The visitation shall be from 10:00am until 7:00 pm.
PETITIONER Christmas Eve Easter 4th of July Thanksgiving
ODD YEARS
RESPONDENT Christmas Day Memorial Day Labor Day
PETITIONER Christmas Day Memorial Day Labor Day
EVEN YEARS
RESPONDENT Christmas Eve Easter 4th of July Thanksgiving
The Petitioner shall be granted every Mother's day and the Respondent shall receive every Father's Day with the minor child. The Respondent shall be granted summer visitation with the minor child consisting of two - 2 week periods, he shall notify the Petitioner of the chosen dates by May 1st of each calendar year. REAL PROPERTY: The Petitioner shall be granted the marital residence located in Auburn, Iowa. The parties were purchasing the same on Real Estate contract. The Petitioner shall secure the removal of the Respondent's name from said contract within 30 days of entry of the decree. PERSONAL PROPERTY: The parties are each granted the personal property in their respective possession. CHILD SUPPORT: Respondent shall pay to the Clerk of the District Court of Sac County, 100 NW State Street; Suite 12, Sac City, IA 50583 or Collection Service Center, PO Box 9125, Des Moines, Iowa 50306-0125, the sum of $364.00 on the 1st day of each month. The first payment shall be due on October 1, 2013. 2
If the child is properly enrolled in a bona fide course of education as set out in Section 59821(5A) of the 1999 Code of Iowa, then the amount of child support shall be reviewed by the Court and continued for so long as the child meets requirements of Section 598.21(5A) but in no event shall such payments continue beyond the child's (19th) birthday, graduation from high school, emancipation or marriage, which ever shall first occur. A wage assignment shall issue. MEDICAL INSURANCE: The minor child is currently on Title 19. The Respondent shall provide insurance if the same is available through his work and shall be responsible for 50% of the uncovered medical, dental, orthodontic, optometric, mental health counseling, etc. The Petitioner is responsible for the first $250.00 each calendar year of covered expenses and shall be responsible for 50% of any remaining uncompensated expenses. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the Petitioner and Respondent are hereby granted joint legal custody with the Petitioner granted primary physical care of the partys minor child D.T.M. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the costs of this action shall be divided evenly between the parties. The parties shall each pay their own attorney fees.
State of Iowa Courts Type: Case Number CDDM001866 COURT DECREE - DISSOLUTION OF MARRIAGE Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM So Ordered
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E-FILED 2013 S E P 25 7:17 A M S A C - C L E R K OF DISTRICT C O U R T
NOTICE TO WITHHOLD INCOME FOR CHILD SUPPORT

State of Iowa, County of Sac Date of Notice Court/Case Number: CDDM001866 Employer Name and Address: Christensen Farms Sleepy Eye Headquarters 23971 County Rd 10, PO Box 3000 Sleepy Eye, MN 56085 1-507-794-5310 Employer/Withholder's Federal EIN: #41-1688501 Original Order/Notice Amended Order/Notice Order/Notice to Terminate
RE: Employee/Obligor's Name (Last, First, MI): Markham, Rupert, Willis Employee/Obligor's SSN: Employee/Obligor's Case Number: CDDM001866 Custodial Parent's Name (Last, First, MI): Markham, Cindy, Lynn
Child(ren)'s Name(s): DOB: Domonik Thomas Markham
NOTICE INFORMATION: This is a Notice to Withhold Income for Child Support based upon an order for support from Rupert Willis Markham. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if this Notice is not issued by your state. If checked, you are required to enroll the child (ren) identified above in any health insurance coverage available through the employee's/obligor's employment. $ $ $ $ $ for a total of $ per per per per per per in current support in past-due support in medical support in other (specify) in other (specify) to be forwarded to the payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following calculations to determine how much to withhold: $ 84.00 per weekly pay period. $168.00 per biweekly pay period (every two weeks). $ 182.00 per semimonthly pay period (twice a month). $364.00 per monthly pay period. REMITTANCE INFORMATION: Follow the laws and procedures in the State of the employee's/obligor's principal place of employment even if such laws and procedures are different from the following paragraph: You must begin withholding no later than the first pay period occurring 10 days after the date of this Notice. Send payment within 7 state business days of the pay date/date of withholding. You are entitled to deduct a fee of up to
$2.00 to defray the cost of withholding. The total withheld amount, including your fee, cannot exceed 50% of the employee/obligor's aggregate disposable weekly earnings. To determine the aggregate disposable weekly earnings, please refer to #9 on the next page. When remitting payment provide the pay date/date of withholding and the case number EFT or EDI process, use this FIPS code*: ; bank routing code*: number*: Make it payable to: Send check to: Clerk of the District Court of Sac County 100 NW State Street; Suite 12 Sac City, IA 50583 712-662-7791 Phone 712-662-7978 Fax . If remitting by ; Bank account
Authorized by: Print Name:
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 1. Priority: Withholding under this Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there is Federal tax levies in effect please contact the requesting agency listed below to determine which request has the highest priority. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. Reporting the Pay date/Date of Withholding: You must report the pay date/date of withholding when sending the payment. The pay date/date of withholding is the date on which the employee is paid and controls the income, i.e. the date the income check or cash is given to the employee, or the date on which the income is deposited directly in his/her account. 4. Employee/Obligor with Multiple Support Withholdings: If you receive more than one Notice against this employee/obligor and you are unable to honor them all in full because together they exceed the withholding limit of the State of the employee's principal place of employment (see #9 on the next page), you must allocate the withholding based on the laws of the State of the employee's principal place of employment. If you are unsure of that State's allocation law, you must honor all Orders or Notices' current support withholdings before you withhold for any
*EFT/EDI Information
arrearages to the greatest extent possible under the withholding limit. You should immediately contact the last agency that sent you a Withholding Order or Notice to determine the allocation law of the state of the employee's principal place of employment. 5. Termination Notification: You must promptly notify the issuing agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Notice to the agency identified below. EMPLOYEE'S/OBLIGOR'S NAME: Rupert Willis Markham EMPLOYEE'S CASE NUMBER: CDDM001866 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: 712 Nobile Street, Marshalltown, Iowa 50158 NEW EMPLOYER'S ADDRESS / INFORMATION:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have questions about lump sum payments, contact the person or authority listed below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and any other penalties set by State law. You are guilty of a simple misdemeanor. You may be charged costs, interest and reasonable attorney fees related to the collection of the amounts due. 8. Anti-discrimination: You are subject to a fine determined under State law, for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of a child support withholding. Taking of any of these actions means you are guilty of a simple misdemeanor. A withholding order has the same force and effect as any other district court order, including, but not limited to, contempt of court proceedings for noncompliance. 9. Withholding Limits: You may not withhold more than the lesser of: a) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. The Federal CCPA limit is 50% of the ADWE for child support and alimony, which is increased by: 1) 10% if the employee does not support a second family; and /or 2) 5% if arrears are more than 12 weeks old. 10. Other Information: This Order/Notice is binding on current and future income withholders 10 days after receipt. Payments shall be mailed to the designated payee within seven business days. "Business day" means a day on which the State of Iowa offices are open for regular business. For UIFSA income withholding, follow the laws in the employee's/obligor's principal state of employment to determine the following: a) The fee for processing a payment, b) The maximum percentage to withhold, c) The time periods to start the withholding and when to mail the payments. d) Any terms or conditions not already specified.
11. Contesting the Income Withholding: The employee/obligor may move to quash an income withholding order or a notice of income withholding by filing a motion to quash with the clerk of court. Grounds for contesting a withholding order include the following: a. A mistake of fact for purposes of a motion to quash means an error in the amount withheld for payment, or the amount ordered to be withheld, or the identity of the obligor. b. For immediate income withholding only, good cause or a written agreement existed at the time of implementation of the withholding. Or the employee/obligor may contact a private attorney. Issuing Agency:
If you or your employee/obligor have any questions, contact: by telephone at or by FAX at by Internet
or .
State of lowa Courts Type: Case Number CDDM001866 ORDER FOR IMMEDIATE INCOME WITHHOLDING Case Title CINDY LYNN MARKHAM VS. RUPERT WILLIS MARKHAM So Ordered
Thomas J . Bice. District Court Judge. SecondJudicial District of lowa
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E-FILED 2013 AUG 08 4:45 PM SAC - CLERK OF DISTRICT COURT
Notice Id: 2JUDFL IOWA DISTRICT COURT FOR SAC COUNTY
UNITED BANK OF IOWA Plaintiff(s), vs. COLIN DEAN FRANK Defendant(s). Case No: 02811 SCSC015325 Judgment by Default in an Action For Money Judgment Iowa Code Section 631.5(6)
Proper notice of this action has been provided to the defendant(s). An appearance has not been filed and the Court is able to determine the appropriate relief from a review of the filings. Default judgment should be entered pursuant to Iowa Code Section 631.5(6). IT IS THEREFORE ORDERED that judgment is entered in favor of the plaintiff and against the defendant in the amount of $640.38 with interest at the rate of 2.13% from August 8, 2013, and court costs.
Docket Code = JDEF
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State of Iowa Courts Case Number SCSC015325 Type: Case Title UNITED BANK OF IOWA VS COLIN FRANK JUDGMENT DEFAULT So Ordered
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E-FILED 2013 AUG 13 5:24 AM SAC - CLERK OF DISTRICT COURT

MIDLAND FUNDING LLC, Plaintiff's Name c/o Pech, Hughes & McDonald, P.C. Address PO Box 2165, Cedar Rapids, IA 52406 (319) 362-3000 Vs. JENNIFER WUNSCHEL, Defendants Name 605 FAIRVIEW ST WALL LAKE IA 51466 Address Defendants Name Address Defendant(s) Original Notice and Petition for a Money Judgment
To Defendant(s): 1. You are notified that the plaintiff(s) demand(s) from the defendant the amount of $852.28, plus the following incidental charges: Interest in the amount of $74.49, calculated by adding six months from the date of last bill or payment, whichever is later, pursuant to Iowa Code Section 535.2(1)(F), future interest at the statutory rate and costs. Total amount requested $926.77. This demand is based on: the Defendant(s) became indebted to TARGET NATIONAL BANK through a series of transactions; TARGET NATIONAL BANK thereupon submitted to Defendant(s) monthly statements of result the final one showing a balance in their favor of $852.28, which Defendant(s) accepted and in which Defendant(s) acquiesced; Defendant(s) impliedly agreed to pay said sum by retaining said statement without objection and this assured that sais sum would be paid; the statement represents a final adjustment of the respective demands of each upon the other as to the whole account and to all items thereon; TARGET NATIONAL BANK assigned all right, title and interest in said account to Plaintiff, Plaintiff is the owner of the account. 2. Judgment may be entered against you unless you file 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. You must electronically file the Appearance and Answer 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 your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter. 5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s). 6. You must also notify the clerk's office of any address change.
OFN 627947
*627947*
/s/ Christopher E. Pech Christopher E. Pech Pech, Hughes & McDonald, P.C. P.O. Box 2165 Cedar Rapids, IA 52406-2165 319/362-3000 iacourts@litowlaw.com
YFN *****7977 CFN 8556727983
Department of Defense Manpower Data Center
Results as of : Aug-09-2013 01:15:38 SCRA 3.0
Last Name: WUNSCHEL First Name: JENNIFE Middle Name: Active Duty Status As Of: Aug-09-2013
On Active Duty On Active Duty Status Date Active Duty Start Date NA Active Duty End Date NA Status No Service Component NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date NA Active Duty End Date NA Status No Service Component NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date NA Order Notification End Date NA Status No Service Component NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL.
Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350

The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date.
More information on "Active Duty Status"

Active duty status as reported in this certificate is defined in accordance with 10 USC 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases

Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.
Certificate ID: E4353051X086700
EXEMPLAR E-FILED 2013 AUG 13 5:24 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
Plaintiff(s), MIDLAND FUNDING LLC
SMALL CLAIMS DIVISION Case: 02811 SCSC015327
vs. JUDGMENT ENTRY Defendant(s), JENNIFER WUNSCHEL 605 FAIRVIEW ST WALL LAKE IA 51466
The court file shows that the defendant has received proper notice and has failed to answer. The relief is readily ascertainable from the Original Notice. Pursuant to Iowa Code Section 631.5(6), the defendant is in default and judgment should enter accordingly. It is therefore Ordered that judgment is entered in favor of the plaintiff and against the defendant in the amount of $ 852.38 with interest at the rate of 2.13 % from the 13th day of August, 2013 and court costs. The Court further enters judgment for prejudgment interest in the amount of $74.49.
YOU ARE HEREBY NOTIFIED that you have a right to appeal the decision to the District Court by giving written notice to the Small Claims Office within 20 days of the filing of this order. Fee:$185.00
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State of Iowa Courts Case Number SCSC015327 Type: Case Title MIDLAND FUNDING LLC VS JENNIFER WUNSCHEL ORDER FOR JUDGMENT So Ordered
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H & R ACCOUNTS, INC Plaintiff(s), vs. KRISTY LEIGH WEFERS Defendant(s). Case No: 02811 SCSC015330 Judgment by Default in an Action For Money Judgment Iowa Code Section 631.5(6)
Proper notice of this action has been provided to the defendant(s). An appearance has not been filed and the Court is able to determine the appropriate relief from a review of the filings. Default judgment should be entered pursuant to Iowa Code Section 631.5(6). IT IS THEREFORE ORDERED that judgment is entered in favor of the plaintiff and against the defendant in the amount of $4,724.65 with interest at the rate of 2.13% from August 20, 2013, and court costs.
Docket Code = JDEF
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State of Iowa Courts Case Number SCSC015330 Type: Case Title H & R ACCOUNTS INC ASSIGNEE VS KRISTY WEFERS JUDGMENT DEFAULT So Ordered
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eForm 3.1: Original Notice and Petition for a Money Judgment
Sac In the Iowa District Court for ________________ County

Plaintiff(s) United Bank Of Iowa ________________________________________
(Name)
301 S. Main Street, Odebolt, IA 51458 ________________________________________

(Address) (Name)
Original Notice and Petition for a Money Judgment
________________________________________ ________________________________________
(Address)
(Name)
vs. Defendant(s) Don Hout ________________________________________
312 Locust Street, Odebolt, IA 51458 ________________________________________

(Address) (Name)
Jane Hout ________________________________________
312 Locust Street, Odebolt. IA 51458 ________________________________________

(Address)
To Defendant(s):
4277.70 1. You are notified that Plaintiff(s) demand(s) from you the amount of $ ______________ plus court costs based on (state briefly the basis for the demand, not to exceed $5000): Failure to repay loan #81639209 as agreed.
2. Judgment may be entered against you unless you file 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. You must electronically file the Appearance and Answer 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 your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter. 5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s). 6. You must also notify the clerks office of any address change.
Matthew D. Huegerich /s/ ________________________________

Filing Plaintiff or Attorney
/s/ ________________________________ ___________________________________

Law firm, or entity for which filing is made, if applicable Second Plaintiff, if applicable
United Bank of Iowa ___________________________________
Law firm, or entity for which filing is made, if applicable
eForm 3.1, page 1 of 3
P.O. Box 456, Odebolt, IA 51458 ___________________________________

Mailing address
___________________________________
Mailing address
712-668-4877 ___________________________________
Telephone number Email address
___________________________________ ___________________________________
Additional email address, if applicable Telephone number Email address
mhuegerich@unitedbk.com ___________________________________
___________________________________
Additional email address, if applicable
___________________________________
eForm 3.27: Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service
Plaintiff(s)
United Bank of Iowa _______________________________________

(Name) (Name)
_______________________________________ Defendant(s)
(Name) (Name)
Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service

Small Claim No. _____________________
vs.
Don Hout _______________________________________

Jane Hout _______________________________________
For Defendant: __________________________
(This form required for each Defendant.)
Matthew D. Huegerich 1. I, ______________________________________________, am a party or an employee of Plaintiff(s) whose claim(s) is (are) shown in the attached statement(s). I have personal knowledge that the attached statement(s) is (are) a true copy of the original creditors records 4277.70 showing the balance due is true and correct. I further state that the sum of $__________ is the 8/21/13 balance due and owing as of ____________________________ from Defendant(s) to Plaintiff(s) and any interest amount owing is accurately stated in the Petition or Original Notice.
312 Locust Street, Odebolt, IA 51458 2. I further state that Defendant resides at __________________________________________, Don - Unemployed, Jane - Self-employed in-home daycare provider. is employed at _________________________________________________________________, Don - Unemployed, Jane - Day care provider. and Defendants occupation is ____________________________________________________.
3. Check A, B, or C for Defendant: A. Defendant is not in the military service of the United States government, I have verified this fact by (check one): Checking the Defense Manpower Data Center (DMDC) (requires name and SSN or name and date of birth) at https://www.dmdc.osd.mil/appj/scra/scraHome.do. Contacting Defendant who informed me. Regularly seeing Defendant and believing Defendant is not active in the U.S. military. OR B. I have investigated, and I am unable to determine whether or not Defendant is in the military service of the United States government. OR C. Defendant is in the military service of the United States government. 4. I also state to the best of my knowledge (check one): Defendant is is not under a disability or confined in a reformatory, jail, or penitentiary. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that these facts are true and correct.
8/21/13 Date:__________________________________
712-668-4877 _______________________________________ Phone # mhuegerich@unitedbk.com _______________________________________ EMail adress
_______________________________________ Additional email address, if appilcable
_______________________________________ Signature of Affiant Matthew D. Huegerich /s/_____________________________________ Filing Plaintiff or Attorney United Bank of Iowa _______________________________________ Law firm, or entity for which filing is made, if applicable
P.O. Box 456, Odebolt, IA 51458 _______________________________________ Mailing Address
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eForm 3.11: Appearance and Answer of Defendant(s)
In the lowa District Court for

Plaintiff(s)
Sac
County
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United Bank of Iowa

(Name)
Appearance and Answer of Defendant(s)

Small Claim No. S C S C 0 1 5 3 3 1
(Name)
vs. Defendant(s) D o n Hout

(Name) If you need assistance to participate in court due to a disability, call the disability coordinator (information at www.iowacourts.gov/Representing_Yourself/ADAAccess). Persons who are hearing or speech impaired may call Relay lowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.
Jane Hout
(Name)
Check only one of the following: (_)The claim is denied. Parties will receive electronic notification of the hearing time and place through the lowa Judicial Branch Electronic Document Management System (EDMS). J^The claim is admitted. Judgment may be entered. O The claim is admitted in part in the amount of $ . Parties will receive electronic notification ofthe hearing time and place through the lowa Judicial Branch Electronic Document Management System (EDMS). ^ e f u k ^ T "pV M ^ f ^ ^ ^ y f y v v * ^ ^ . ^ ^ 1. You must electronically file this Appearance and Answer using EDMS at https://iowacourts.state.ia.us/Efile unless you obtain from the court an exemption from electronic filing requirements. 2. If you electronically file, E D M S will serve a copy of this Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s). 3. You may download this form online at https://iowacourts.state.ia.us/Efile. Unless the court has granted you an exemption from electronic filing, you must scan and electronically file this Answer and Appearance form, or fill out and electronically file the online form, in accordance with Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System. lsl_
Filing Defendant or Attorney Law firm, or entity for which filing is made, if applicable Mailing address Telephone number Email address Additional email address, if applicable
Is/
Second Defendant, if applicable Law firm, or entity for which filing is made, if applicable Mailing address Telephone number Email address Additional email address, if applicable
IN THE IOWA DISTRICT COURT FOR
COUNTY
IN RE THE CONVERSION OF FILES TO ELECTRONIC DOCUMENTS C A S E N O . ^ _ ^ _ _ _ 3 > - (IF APPLICABLE) 7 REQUEST FOR EXEMPTION FROM REGISTRATION AND E-FILING (Rule 16.302(2))
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Pursuant to Iowa Court Rules Chapter 16.302(2), I, pdA CtCj[ H hereby request to be excused from registering and filing documents by electronic means for the following reason(s):
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ARE Y O U CURRENTLY REGISTERED WITH THE IOWA ELECTRONIC FILING SYSTEM? YES ^ C _ N O Note: This request must be filed in each case you are requesting an exemption for.
Signature of person requesting exemption from registration and E-filing:
What is your role in this case (i.e. "defendant," "plaintiff," etc.)?
Mailing address: / / A p ^ ^ ^ - ^ f h <5f'"e&T~
Telephone No: ^ f 2 . - 0 3 7 f - 3 ( 0 /
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 ofthe 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.
IN THE IOWA DISTRICT COURT FOR SAC COUNTY Case No. 02811 SCSC015331 Order for Exemption from Registering re Electronic Filing (Rule 16.302(2))
ORDER Pursuant to Rule 16.302(2), the undersigned hereby grants Don Hout 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 09/10/2013 /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.
Recipient List Case ID : 02811 SCSC015331 - UNITED BANK OF IOWA VS. DON AND JANE HOUT E-FILED 2013 SEP 10 8:33 AM SAC - CLERK OF DISTRICT COURT Event Cd : OREF DONALD C HOUT filed
Plaintiff(s), UNITED BANK OF IOWA PO BOX 456 301 S MAIN STREET ODEBOLT IA 51458
SMALL CLAIMS DIVISION Case: 02811 SCSC015331
vs. JUDGMENT ENTRY Defendant(s), DONALD C HOUT 112 E 5TH ST #4 BOX 153 ODEBOLT IA 51458 JANE HOUT 312 LOCUST ST PO BOX 262 ODEBOLT IA 51458
Defendant Donald C. Hout has filed an answer admitting the claim and requesting a $100.00 per month payment plan. That request is granted. It is therefore Ordered that judgment is entered in favor of the plaintiff and against the defendant in the amount of $ 4,277.70 with interest at the rate of 2.12 % from the 21st day of August, 2013 and court costs.
YOU ARE HEREBY NOTIFIED that you have a right to appeal the decision to the District Court by giving written notice to the Small Claims Office within 20 days of the filing of this order. Fee:$185.00
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State of Iowa Courts Case Number SCSC015331 Type: Case Title UNITED BANK OF IOWA VS. DON AND JANE HOUT ORDER FOR JUDGMENT So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY UNITED BANK OF IOWA Plaintiff VS 02811 SCSC015331
ORDER
DONALD C HOUT JANE HOUT
Defendant
The $100 per month payments shall commence on October 15, 2013 and then on the 15th of each month thereafter until paid in full.
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State of Iowa Courts Case Number SCSC015331 Type: Case Title UNITED BANK OF IOWA VS. DON AND JANE HOUT OTHER ORDER So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY UNITED BANK OF IOWA Petitioner, VS 02811 SCSC015331
ORDER
DONALD C HOUT JANE HOUT
Respondent.
The defendant Jane Hout has been served and the time to answer has passed and she is in default. Judgment is ordered entered in favor of plaintiff and against Jane Hout in the amount of $4,277.70 with interest at the rate of 2.13% per annum and the costs of this action.
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State of Iowa Courts Case Number SCSC015331 Type: Case Title UNITED BANK OF IOWA VS. DON AND JANE HOUT OTHER ORDER So Ordered
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CITY OF WALL LAKE OTHER PIN Plaintiff(s), vs. CINDY ANN BARNES Defendant(s). Case No: 02811 SCSC015333 Judgment by Default in an Action For Money Judgment Iowa Code Section 631.5(6)
Proper notice of this action has been provided to the defendant(s). An appearance has not been filed and the Court is able to determine the appropriate relief from a review of the filings. Default judgment should be entered pursuant to Iowa Code Section 631.5(6). IT IS THEREFORE ORDERED that judgment is entered in favor of the plaintiff and against the defendant in the amount of $1,461.32 with interest at the rate of 2.13% from August 23, 2013, and court costs.
Docket Code = JDEF
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State of Iowa Courts Case Number SCSC015333 Type: Case Title CITY OF WALL LAKE VS CINDY BARNES JUDGMENT DEFAULT So Ordered
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IN THE DISTRICT COURT OF IOWA LN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. Defendant. Case No. ORDER
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY MAGISTRATE DIVISION STATE OF IOWA, Plaintiff vs. INITIAL A P P E A R A N C E : MAGISTRATE NO
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On ' 6 d y o f ^ ^ , 2 0 ,t l. V I I this mis u a ja u i , l i c i s c i c u u a i i l IIÎ appeal a u s m i t nit undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While '{v?l/0 Kfo*. intoxicated offense, being a violation of Section ^ 2 NJ< < f of the Code of Iowa. The Court advises the Defendant as follows:
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That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of law. That he/she has the right to have an attorney present at all stages of the proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. . That he/she is charged with a violation of Section -><g^' Felony - Class Aggravated Misdemeanor Ax^Serious Misdemeanor , which is classified as:
3. That the maximumpjinishment for a plea of guilty or conviction of the above charge is: a) One Year County Jail - Minimum days b) Years Prison c) -Ând/Or a fine of not less than $ or rnore_than S/TQo d) * " You will lose your license for a minimum oL^frfe days and cannot obtain a work permit for &(A days. 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of aJStass D felony/serious misdemeanor; or (b) ^ (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: (1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while vour license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac City - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 7325136) or a facility ofyour choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at P.O. Box 368. Sac City, IA 50583. YOU A R E NOTIFIED THAT THIS IS MANDATORY. AND YOUR FAILURE TO C O M P L Y WILL RESULT IN ISSUANCE OF A N ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.
6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The Defendants informed of his/her rights to a preliminary hearing and preliminary hearing is:' _^_\Vaived Set for the day of 20 , at A . M . in the Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.
If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU H A V E NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS F R O M THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 42JL-0990. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) S. WarreiTE/ûsU^Joseph J . Heidenreich, Judicial Magistrate Copies to: County Attorney Defendant Sac County Sheriff
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CRAIG DARWIN PRESLEY, DOB: 11/27/1960 Defendant. CRIMINAL CAUSE NO. SRCR012327 TRIAL INFORMATION
COUNT I COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses Defendant, Craig Darwin Presley of the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER 321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed as follows: The said Defendant, Craig Darwin Presley, on or about June 16, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while his motor vehicle license was denied or revoked under Iowa Code Chapter 321J. A TRUE INFORMATION
/s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org
E-FILED 2013 JUL 23 9:15 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts Type: Case Number SRCR012327 Approval of Trial Information Case Title STATE VS CRAIG DARWIN PRESLEY
On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CRAIG DARWIN PRESLEY Defendant. CRIMINAL CAUSE NO. SRCR012327
Attachment to Trial Information Witness List
NAMES OF WITNESSES: TORY CUDABACK, DEPUTY, Sac County Sheriff's Department KIM SNOOK, DIRECTOR, Office of Driver Services, Iowa Department of Transportation
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CRIMINAL NO. SRCR012327 STATE OF IOWA, Plaintiff, ORDER SET ARRAIGNMENT VS. CRAIG DARWIN PRESLEY, Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 13th day of August 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. Bond previously set shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local laws. The Defendant shall have no contact with the victim or any witness set forth in the minutes of evidence in this matter. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other:
State of Iowa Courts Type: Case Number SRCR012327 ORDER FOR ARRAIGNMENT Case Title STATE VS CRAIG DARWIN PRESLEY So Ordered
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STATE OF IOWA, PLAINTIFF NO APPLICATION TO WAIVE
DISTRICT (JOUR I OF IOWA SAC COUNTY FILED
2 0 1 3 AUG 13 ftH 8 =
vs.
ATTORNEY A N D PROCEED (PRO SE) DEFENDANT
In support of my application to waive attorney I state: I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses. 2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me. 3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice. 4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney. 1.
Dated this
Defendant
2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. CRAIG DARWIN PRESLEY , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 13, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Pro Se. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013, at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24, 2013, at 9:00 a.m. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
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Case No. 02811 SRCR012327
ORDER FOR TRIAL
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CRAIG DARWIN PRESLEY
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State of Iowa Courts Case Number SRCR012327 Type: Case Title STATE VS CRAIG DARWIN PRESLEY ORDER SETTING TRIAL So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, * Plaintiff, * No. SRCR012327
vs.
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CRAIG DARWIN PRESLEY, Defendant.
* *
WRITTEN ARRAIGNMENT PLEA OF NOT GUILTY ProSe
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COMES NOW the Defendant in the above-captioned criminal case and under oath states: 1. I have been informed of my right to be represented by an Attorney, and decline to be represented by an attorney and I wish to proceed ProSe. 2. My current mailing and residence addresses and telephone number are:
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My date of birth is S7_J\/ou_.l
3. I can read and understand English language and have completeckthe following level of education: W S (A (vl Az< x^'S / Pur . 4.1 have been advised by the Sac County Attorney and understand that I have a right to arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings which are computed from the date of arraignment will be computed from the date of filing this Written Arraignment and Plea of Not Guilty. 5. I have received a copy of the Trial Information which charges me with the crime of DUS -- 321J DRIVING WHILE R E V O K E D (DWR) a SERIOUS MISDEMEANOR in violation of Iowa Code Section 321J.21. I have read it and I have familiarized myself with it contents. 6. With regard to the name by which I am charged in the Trial Information (either check "a" or check and complete "b"): ( ) a. The name on the Trial Information is my true name. I have been advised and understand that I am now precluded from objecting to the Trial Information upon the grounds that I am improperly named. ( ) b. The name shown ti the Trial Information is not my true name. My true name is ^^^tfG^ss&tcF I request that an entry be made in the minutes showing my true name. I have been advised and understand further
proceedings will be had against me by that true name, the Trial Information will be amended accordingly, and when the Trial Information is so amended, I will be precluded from objecting upon the grounds I am improperly named. 7. I have advised and understand that I may plead guilty, not guilty or former conviction or acquittal. 8. For the purpose of this arraignment, I have had sufficient time to contemplate my case, and I waive any further time in which to enter a plea. 9. I plead NOT GUILTY to the charge in paragraph 5 above. 10.1 have been advised and understand that I have a right under Rule 27(2)(b) of the Iowa Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the Trial Information and (check either "a" or "b"): ( fa^Tdemand a speedy trial pursuant to Rule 27(2)(b) and (c). ( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c). If. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules of Criminal Procedure. I will be available for trial on the following days:
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Defendant, Craig Darwin Presley STATE OF IOWA SAC COUNTY ) ) SS )
On this day of Q U f l j )&3r , 2013, before my the undersigned, a Notary Publican and for said Stated personally appeared (jOticj Y < Q A M ) , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed^the same of his voluntary act and deed. Notary Pubhp in and for the%tate oflowa Original e-filed Copy to be provided to: Sac County Attorney Defendant
SHELLEY BASS Oaifc of DbMct Court - Designee Sac County
IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, No. SRCR012327 Plaintiff, REQUEST FOR LEAVE OF vs. COURT TO AMEND TRIAL INFORMATION CRAIG DARWIN PRESLEY, Defendant. COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial Information in the above entitled matter states to the Court: 1. The amendment will not materially change the issues nor work any hardship on the Defendant. 2. Substantial rights of the defendant are not prejudiced by the attached Amendment. 3. A wholly new and different offense is not being charged. 4. As part of a Plea Agreement, Defendant is pleading to the charge of: Count I: NO VALID DRIVERS LICENSE, in violation of Iowa Code Section 321.174(1), a Scheduled violation. 5. A copy of the amended and substituted Trial Information is attached. WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted and amended Trial Information. /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org Copy to: PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on September 13, 2013, by: [ ] U.S. Mail [ ] Fax [ x ] Hand Delivered to Defendant Signature: /s/Norma Hecht
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CRAIG DARWIN PRESLEY, DOB: 11/27/1960 Defendant. CRIMINAL CAUSE NO. SRCR012327 AMENDED
TRIAL INFORMATION
COUNT I COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses Defendant, Craig Darwin Presley of the crime of NO VALID DRIVERS LICENSE in violation of Iowa Code Section 321.174(1), a scheduled violation. The said Defendant, Craig Darwin Presley, on or about June 16, 2013, in the County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a public highway without a valid operators license.
A TRUE INFORMATION
IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CRAIG DARWIN PRESLEY, Defendant. No. SRCR012327 ORDER PERMITTING AMENDED TRIAL INFORMATION
The matter of the State of Iowas Request for Leave of Court to Amend Trial Information comes on before the Court and the Court upon examination of the files and records herein finds that the amendment will not materially change the issues nor work any hardships on the Defendant, and that said Trial Information as amended has been examined by me and found to contain sufficient evidence, if unexplained, to warrant a convictions by a trial jury; the filing of this amended Trial Information is hereby approved.
State of Iowa Courts Type: Case Number SRCR012327 OTHER ORDER Case Title STATE VS CRAIG DARWIN PRESLEY So Ordered
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DISTRICT COURT OF IOWA SAC COUNTY
IN THE IOWA DISTRICT COURT FOR SAC COUNTY FILED STATE OF IOWA II No. SRCRC2327 2013SEP 13 P M1= Plaintiff vs. GUILTY PLEA-Amended CRAIG DARWIN PRESELY, DOB: 11-27-1960 Defendant. COUNT I I, the undersigned Defendant, have carefully read and fully understand the following: I am charged with DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER 321J, a Serious Misdemeanor, in violation oflowa Code Section 321 J.21. In conjunction with a Plea Agreement made with the Sac County Attorney whereby he will amend Count I to a charge of NO VALID DRIVER'S LICENSE a violation oflowa Code Section 321.174(1), a scheduled violation. 1 now request that my plea of not guilty be changed to a Plea of Guilty to the amended charge. A. The maximum punishment for a Simple Misdemeanor is imprisonment of not more than thirty days in jail, and a fine of not more than $625.00 plus statutory surcharges, plus all court costs and all costs and fees incurred for legal assistance. For this scheduled violation, there is a fine of $200.00, which is immediately due on the date of sentencing, unless a payment plan has been entered within 30 days of the judgment date. In addition, if the charge is a violation oflowa Code Chapters, 124, 155 A, 453B, 713, 714, 715A, 716, or Iowa Code Sections, 719.8, 725.1, 725.2 or 725.3, there is an additional surcharge of $125. The County Enforcement surcharge of $5.00 also applies. I acknowledge that, the Court may order me to perform community service work, if the Court is of the opinion that community service work will deter and discourage others from similar criminal activity. (The rate at which community service shall be calculated against my fine shall be the federal minimum wage.) In addition, I may be required to pay correctional fees for incarceration and enrollment fees for probation. I am aware that sentencing options may include deferral of Judgment and Sentence, the grant of probation and the suspension of the sentence imposed. B. I understand that, a criminal conviction, deferred judgment or deferred sentence may affect my status under federal immigration laws. C. If I plead not guilty, I would be entitled to the following rights. I give up these rights by pleading guilty: (1) . The right to a speedy and public trial by a jury of twelve people. (2) . The right to have an attorney represent me at trial and, if the Court found I was unable to afford an attorney, the Court would, at public expense, appoint an attorney to represent me. (3) . At trial, I would be presumed innocent until such time, if ever; the State established my guilt beyond a reasonable doubt. (4) . At trial, a jury verdict of guilty would have to be unanimous.
(5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forced to testify, and i f l choose not to testify, the State may not comment on the fact of my failure to testify and, at my request, I would be entitled to a jury instruction stating that the jury could not infer guilt from my failure to testify. (6) . At trial, the State would have to confront me with witnesses upon whose testimony it relied to obtain conviction, and I would have the right to cross examine those witnesses. (7) . At trial, I would be entitled to present witnesses to testify on my behalf and to compulsory process to secure those witnesses. D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right to trial, and will be treated as i f l had been tried and found guilty by a jury. E. The Court, in determining whether there is a factual basis for this plea of guilty, may make such a determination by examining the Minutes of Testimony attached to the Trial Information, by reviewing the investigative reports of law enforcement agents who have investigated the offense, or by asking me or counsel to recite and summarize the material facts that would be offered at trial. The Court has the discretion to accept or reject any plea agreement made between the State and myself. The plea agreement is: The Countv Attorney will amend the charge to No Valid Driver's and I will plead guilty to the amended charge. I will pay the scheduled fine of $200.00. plus the 35% surcharge, the $5.00 Countv Enforcement surcharge and $100.00 in court costs; to be paid as ordered by the court. This plea agreement includes that I will be responsible to pay court costs, payment of all costs and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jail time and all surcharges and mandatory punishments (see paragraph B) applicable to my case. I now state to the Court that I am, in fact GUILTY and that no threats or promises have been made to induce me to enter my plea of guilty. I have been informed that the elements of the crime are: A person operates a motor vehicle on a public roadway without a valid operator's license. I understand the nature of the charge against me. This offense was committed by me in Sac County Iowa by my doing the following: I did on or about the 16 day of June 2013, operate a motor vehicle on a public roadway without a valid operator's license.
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I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights and I do so freely and voluntarily. No threats have been made against me to obtain this guilty plea. No promises of leniency or favorable treatment have been made, except for any plea bargain disclosed to the Court at the time of this guilty plea. F. If the Court accepts my plea of guilty, I realize: (1) . The Court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence today. (2) . If the Court imposes a sentence today, I will never be able to challenge this plea of guilty, and I will be giving up my right to directly appeal my guilty plea.
I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have the Court address me personally. WAIVER OF MOTION IN ARREST OF JUDGMENT If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that: 1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of judgment, and that the Court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right, and the right to file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence now. 2. By having the Court impose my sentence now, I will never be able to challenge this plea of guilty and I will be giving up my right to directly appeal my guilty plea. I hereby request the Court sentence me now and I waive any time to which I may be entitled for sentencing at a later date. WAIVER OF RIGHT TO BE PRESENT I have been fully advised that I have a constitutional right to be present at my sentencing and present evidence in my own behalf. I understand that it is my choice to be present or not, and that no one can exclude me from sentencing. With the above in mind, and further understanding that my decision whether to be present or not is my own decision, I hereby knowingly and^v^luntarily waive the-right to be present at my sentencing. Defendant, Craig Darwin Presley
STATE OF IOWA SAC COUNTY
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On this /j?* day of u&rf'ih>j[}*\_ 2013, before me the undersigned, a Notary Public in and for said State, personally appeared / f '/'n i a ^ Q / " U / ' i V l Pfeslrv, , to me known to be the identical person named in and who executed the foregoing instrument, and aclcnowledged that he executed the same of his voluntary act and deed.
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Notary Public in and for the State of Iowa
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NORMA Q HECHT Commission Number 740327 MY COMMISSION EXPIRES
IN THE IOWA DISTRICT COURT FOR SAC COUNTY No. SRCR012327 STATE OF IOWA, Plaintiff, vs. JUDGMENT ENTRY -AMENDED CRAIG DARWIN PRESLEY, DOB: 11/27/1960 Defendant. COUNT I This matter came on for sentencing. The State appears by Sac County Attorney Benjamin John Smith and the Defendant appears without an attorney. The Court finds that Defendant is advised concerning his right to have counsel. The Court specifically finds Defendants waiver of counsel to be knowing, voluntary and intelligent. The Court further finds that a plea agreement has been reached wherein the Defendant enters his written plea of guilty to the amended charge of NO VALID DRIVERS LICENSE in violation of Iowa Code Section 321.174(1), a scheduled violation. Where upon, the Court finds that the plea of guilty was entered into voluntarily and that the Defendant understood his rights which he is waiving, including the right to trial by jury, the right to call witnesses on his behalf, the right to confront and cross examine witnesses, and other rights. In exchange for the plea of guilty to the amended charge, the State has agreed to amend the original charge. The Court approves the Plea Agreement. The States Motion to Amend is hereby granted. Having entered a written plea of guilty and having been found guilty, knows of no legal cause why judgment should not now be entered, and none appears upon the record. IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendant is convicted of the crime of NO VALID DRIVERS LICENSE in violation of Iowa Code Section 321.174(1), a scheduled violation and is hereby sentenced under said code section to: X Defendant is Ordered to pay the scheduled fine of $200.00, plus the 35% surcharge in the amount of $70.00, and the 5.00 County Enforcement Surcharge. X Defendant shall pay the court costs in the amount of $100.00.
X Defendant shall keep the Clerk of Court notified as to any change in address until all obligations of this case have been completed. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment by paying $50.00 per month to the Sac County Clerk of Court with payments to begin on the 1st day of the month following this order and shall continue on the 1st day of each month until paid in full. HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advised that if one payment is missed, the entire obligation becomes immediately due. IT IS FURTHER ORDERED that if a bond has been posted in the above matter, the Sac County Clerk of District Court shall release the same. Defendant is advised of the right to appeal this judgment and sentence and of the right to apply for appointment of appellate counsel and the furnishing of a transcript if unable to pay the appeal costs. Defendant is also advised of the necessity to comply with the statutory requirements in filing a notice of appeal. Defendants appeal bond is fixed as $510.00.
Original e-filed, Copy to: Defendant County Attorney
State of Iowa Courts Type: Case Number SRCR012327 ORDER FOR JUDGMENT Case Title STATE VS CRAIG DARWIN PRESLEY So Ordered
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IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM 516 W 6TH STREET, ODEBOLT, IOWA
IN REM FORFEITURE COMPLAINT
1. Owner(s) and person(s) in possession or control of the property are as follows: a. Owner(s): Paul Jerome Baumann, 516 W 6th Street, Odebolt, Iowa b. Person(s) in Possession or Control: NA c. Person(s) with a Security Interest: NA d. Seizing Agency: Sac County Sheriffs Office (SCSO) 2. Persons who may have interest in the property are listed above. 3. The State seeks to forfeit the following property: a. 2002 Chevrolet Monte Carlo SS, VIN #2G1WX15K229326017 ($2,500) b. $1,400.00 cash 4. The estimated value of the property is $3,900 5. The property is subject to forfeiture for the following reasons: a. The property was furnished or intended to be furnished in an exchange that constitutes conduct giving rise to forfeiture. b. The property was used or was intended to be used to facilitate conduct giving rise to forfeiture. c. The property is proceeds of conduct giving rise to forfeiture. d. The was acquired during the period of conduct giving rise to forfeiture or within a reasonable time after that period. e. The property was found in close proximity to controlled substances. Under Iowa Code Section 809A.12(9), there is a rebuttable presumption that the money was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate the conduct. 6. The property was seized by law enforcement on October 31, 2011, because it is property that is relevant in a criminal prosecution or investigation. IOWA CODE 809.1(1)(a) (2013) 7. The conduct giving rise to the forfeiture action is possession of Marijuana with intent to deliver, which is a violation of Iowa Code Section 124.401(1)(d). The facts,
circumstances, and allegations made in the Trial Information, Minutes of Testimony, and Guilty Plea filed in Sac County District Court No. FECR012372, are incorporated herein by reference as though fully set forth herein. 8. Iowa DNE Special Agent Todd Jones informed the undersigned that law enforcement served Paul Baumann with a receipt for items seized pursuant to Iowa Code section 809.1(1)(a) but that law enforcement never served Paul Baumann with a Notice of Seizure for Forfeiture. 9. The alleged property owner, Paul Baumann, told the undersigned he was given a receipt for the items seized by law enforcement following its search, but was never subsequently provided or served with a Notice of Seizure for Forfeiture for the aforementioned items. 10. On August 5, 2013, following the entry of Paul Baumanns guilty plea in FECR012372, Paul Baumann came to the Sac County Attorneys Office to make a pay his probation fee and informed the undersigned he did not want the property back and the undersigned responded telling Mr. Baumann that the law requires that the State obtain a court order before rights to the property can legally transfer to the State, which requires the State file a petition. 11. The property is forfeitable under the provisions of Iowa Code Chapter 809A. 12. Failure to file an answer to this complaint within 20 days after service and in accordance with Iowa Code Section 809A.13, will result in an Application for Order of Forfeiture pursuant to Iowa Code Section 809A.16(3). See additional provisions of Iowa Code Section 809A.13 in the attached Notice. WHEREFORE, the State asks that the property be forfeited pursuant to the provisions of Chapter 809A of the Iowa Code.
/s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org
NOTICE 1. Only an owner of or an interest holder in the property who has timely filed a proper claim pursuant to section 809A.11 may file an answer in an action in rem. For the purposes of this section, an owner of or interest holder in property who has filed a claim and answer shall be referred to as a claimant. 2. The answer shall be signed by the owner or interest holder under penalty of perjury and shall be in accordance with rule of civil procedure 1.405 and shall also set forth all of the following: a. The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint and the name of the claimant. b. The address where the claimant will accept mail. c. The nature and extent of the claimant's interest in the property. d. The date, the identity of the transferor, and the circumstances of the claimant's acquisition of the interest in the property. e. The specific provision of this chapter relied on in asserting that it is not subject to forfeiture. f. All essential facts supporting each assertion. g. The specific relief sought. 3. The answer shall be filed within twenty days after service on the claimant of the civil in rem complaint. 4. The rules of civil procedure shall apply to discovery by the state and any claimant who has timely answered the complaint. 5. The forfeiture hearing shall be held without a jury and within sixty days after service of the complaint unless continued for good cause. The prosecuting attorney shall have the initial burden of proving the property is subject to forfeiture by a preponderance of the evidence. If the state so proves the property is subject to forfeiture, the claimant has the burden of proving that the claimant has an interest in the property which is exempt from forfeiture under this chapter by a preponderance of the evidence. 6. The Court shall order the interest in the property returned or conveyed to the claimant if the prosecuting attorney fails to meet the state's burden or the claimant establishes by a preponderance of the evidence that the claimant has an interest that is exempt from forfeiture. The court shall order all other property forfeited to the state and conduct further proceedings pursuant to sections 809A.16 and 809A.17. FAILURE TO RESPOND OR ACT ACCORDINGLY MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF PROPERTY NOTICE OF SEIZURE FOR SEIZED FOR FORFEITURE FROM 516 FORFEITURE UNDER IOWA LAW W 6TH STREET, ODEBOLT, IOWA
Date of Seizure: October 31, 2011 Time of Seizure: 0830 Location: 516 W 6th Street, Odebolt, Iowa To: Paul Baumann, 516 W 6th Street, Odebolt, Iowa. At the date, time, and location set forth above, the following property was seized by Sac County Sheriffs Office because it is property that is relevant in a criminal prosecution or investigation. Iowa Code 809.1(1)(a) (2013): $1,400.00 cash and a 2002 Chevrolet Monte Carlo SS, VIN #2G1WX15K229326017. This notice is to inform you the State of Iowa has now seized the aforementioned property for forfeiture pursuant to Iowa Code section 809A.6(5) The person from whom information about the seizure may be obtained is: Name: Captain Brian Erritt Seizing Agency: Sac County Sheriffs Office Address: 100 NW State Street, Sac City, Iowa 50583 Phone: (712) 662-7127
/s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CASE NO: SPCV019460 IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM 516 W 6TH STREET, ODEBOLT, IOWA APPLICATION FOR FORFEITURE ORDER (809A.16(3))
COMES NOW, the undersigned Prosecuting Attorney and for its Application for Forfeiture states: 1. On August 28, 2013, the undersigned filed a Notice of Seizure for Forfeiture and an In Rem Forfeiture Complaint. 2. On August 30, 2013, Paul Baumann was served copies of the Notice and Complaint. 3. Neither a proper claim or answer has been filed with the Court within twenty (20) days following proper service of the Notice and Complaint. 4. There is proper jurisdiction in Sac County, Iowa, for this Application and for the Court to enter an Order forfeiting the property at issue herein. 5. The property to be forfeited is described in the attached-list below. 6. The circumstances giving rise to it being forfeitable are as shown in the Complaint and in Trial Information and Minutes of Testimony for State v. Baumann, Sac County District Court Case No. FECR012372. WHEREFORE, The Court is requested to enter an Order which extinguishes all rights of the owner(s) and transfers ownership of the property to the State of Iowa. /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org
LIST OF PROPERTY TO BE FORFEITED
1. 2.
2002 Chevrolet Monte Carlo SS, VIN #2G1WX15K229326017 ($2,500) $1,400.00 cash
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CASE NO: SPCV019460 IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM 516 W 6TH STREET, ODEBOLT, IOWA FORFEITURE ORDER (809A.16(3))
The Court has examined the Application for Forfeiture Order and all documents filed herein and FINDS: that proper notice has been given, the Court has jurisdiction, and that facts recited provide probable cause for forfeiture, all as required by 809A.16(3) of the Code of Iowa. The Court, upon reviewing the record, being advised in the premises, and for the reasons set forth in the States Application for Forfeiture FINDS and ORDERS: 1. On August 28, 2013, the undersigned filed a Notice of Seizure for Forfeiture and an In Rem Forfeiture Complaint. On August 30, 2013, Paul Baumann was served copies of the Notice and Complaint. 2. The property at issue is $1,400 cash and a 2002 Chevrolet Monte Carlo SS, VIN #2G1WX15K229326017, with an estimated value of $2,500. 3. Neither a proper claim or answer has been filed with the Court within twenty (20) days following proper service of the Notice and Complaint. 4. The States In Rem Forfeiture Complaint and the Application for Forfeiture are approved. 5. The Property, which is described in the Application for Forfeiture Order, is forfeited to the State of Iowa under the provisions of 809A.16(4) of the Code of Iowa. 6. The Property is subject to disposal by the Department of Justice. 7. The seizing agency shall notify the Department of Justice of the forfeiture at the address which follows and comply with the Rules and directions of that department. Prosecuting Attorneys Training Coordinator First Floor, Hoover State Office Bldg. Des Moines, IA 50319 (515) 281 5428
State of Iowa Courts Type: Case Number SPCV019460 OTHER ORDER Case Title SEIZED PROPERTY RE: PAUL BAUMANN So Ordered
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THE IOWA DISTRICT COURT SAC COUNTY ) IN THE MATTER OF ) Probate No. ESPR0 THE ESTATE OF ) KATHLEEN E. DETERMAN, ) ORDER ADMITTING WILL Deceased. ) TO PROBATE AND ) APPOINTING EXECUTOR
This matter comes on for hearing of the proof of the instrument dated the 11th day of September, 2006, filed herein and purporting to be the Last Will and Testament of the above named decedent, and the evidence being seen and heard in the manner provided by law, it is found that said instrument was executed and witnessed as provided by law; and is the Last Will and Testament of the above named decedent; that the Executor hereinafter named is qualified to act in such capacity. IT IS THEREFORE ORDERED AND ADJUDGED that the above described instrument is admitted to probate as the Last Will and Testament of said decedent, and William U. Determan is appointed Executor thereof without bond.
State of Iowa Courts Type: Case Number ESPR014376 ORDER ADMITTING WILL AND APPOINTING EXECUTOR Case Title ESTATE OF KATHLEEN E. DETERMAN So Ordered
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IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SAC COUNTY IN THE MATTER OF THE ESTATE OF KATHLEEN E DETERMAN Case No. 02811 ESPR014376 Letters of Appointment
KNOW ALL PERSONS BY THESE PRESENTS: That having been duly appointed and qualified as Executor of the above entitled matter, WILLIAM U DETERMAN is vested with all powers authorized by law in the premises. Dated: 09/23/2013
/s/Brenda McClure Clerk of District Court SAC County Iowa Designee
Recipient List Case ID : 02811 ESPR014376 - ESTATE OF KATHLEEN E. DETERMAN Event Cd : E-FILED LEAP 2013 SEP 23 11:31 AM SAC - CLERK OF DISTRICT COURT KATHLEEN E DETERMAN filed
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SAC COUNTY
IN THE MATTER OF THE ESTATE OF KATHLEEN E DETERMAN Deceased
Case No. 02811 ESPR014376
Certificate of Probate of Will
I, Donna Geery, Clerk of the District Court of the State of Iowa, in and for said County, do hereby certify that the Will and any Codicil(s) filed in this matter are duly approved and admitted to probate and record in said District Court, in accordance with law.
Dated: 09/23/2013
Recipient List Case ID : 02811 ESPR014376 - ESTATE OF KATHLEEN E. DETERMAN Event Cd : E-FILED COAW2013 SEP 23 11:32 AM SAC - CLERK OF DISTRICT COURT KATHLEEN E DETERMAN filed
IN THE IOWA DISTRICT COURT FOR SAC COUNTY Probate No. IN THE MATTER OF THE ESTATE OF MIRIAM B. McFARLAND, Deceased FILING OF ORIGINAL LAST WILL AND TESTAMENT PURSUANT TO IOWA CODE SECTION 633 AND IOWA COURT RULE 16.411
COMES NOW the law firm of Bruner, Bruner & Reinhart, LLP and pursuant to Iowa Code Chapter 633 and Iowa Court Rule 16.411 provides the original Last Will and Testament of the Decedent, Miriam B. McFarland. Dated: September 23, 2013 BRUNER, BRUNER & REINHART LLP
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Barry T. Hfruner Attorney at Law 225 East 7 Street, PO Box 863 Carroll, Iowa 51401 Telephone: 712-792-3480 Fax: 712-792-6981
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IN THE MATTER OF ESTATE OF ) ) ) ) ) Probate No. ____________ ORDER FOR SMALL ESTATE ADMINISTRATION & APPOINTING EXECUTOR
MIRIAM B. McFARLAND, Deceased.
There was presented to the Court the Petition for Small Estate Administration, it is found: 1. That the facts stated in the Petition for Small Estate Administration appear to be true. 2. Said Last Will and Testament was executed and witnessed as provided by law and is the Last Will and Testament of Miriam B. McFarland. 3. Good cause has been shown for the administration of the estate of Miriam B. McFarland as a Small Estate and for appointment of an Executor for the estate. 4. That Naomi A. Sweeden is suitable and qualified to act as an Executor of the estate. Decedent waived the requirement for a bond for the Executor in her Last Will and Testament. IT IS ORDERED THAT: 1. Naomi A. Sweeden is appointed as Executor of this small estate. 2. The Last Will and Testament of Miriam B. McFarland dated March 22, 2013, is admitted to probate as the Last Will and Testament of Decedent. 3. No bond shall be required.
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State of Iowa Courts Type: Case Number ESPR014377 ORDER ADMITTING WILL AND APPOINTING EXECUTOR Case Title ESTATE OF MIRIAM B. MCFARLAND So Ordered
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IN THE MATTER OF THE ESTATE OF MIRIAM B MCFARLAND Deceased
Dated: 09/23/2013
Recipient List Case ID : 02811 ESPR014377 - ESTATE OF MIRIAM B. MCFARLAND Event Cd : E-FILED COAW 2013 SEP 23 3:37 PM SAC - CLERK OF DISTRICT COURT BARRY T BRUNER filed
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SAC COUNTY IN THE MATTER OF THE SMALL ESTATE OF MIRIAM B MCFARLAND Case No. 02811 ESPR014377 Small Estate Letters of Appointment
KNOW ALL PERSONS BY THESE PRESENTS: That having been duly appointed and qualified as Executor of the above entitled matter, NAOMI A SWEEDEN is vested with all powers authorized by law in the premises. Dated: 09/23/2013
Recipient List Case ID : 02811 ESPR014377 - ESTATE OF MIRIAM B. MCFARLAND Event Cd : E-FILED LEAP 2013 SEP 23 3:38 PM SAC - CLERK OF DISTRICT COURT MIRIAM B MCFARLAND filed
Gregory J. Sextro THE IOWA DISTRICT COURT SAC COUNTY
IN THE MATTER OF THE ESTATE OF Lowell Aldag, Deceased.
Probate No.
ORDER ADMITTING WILL TO PROBATE AND APPOINTING EXECUTOR
This matter comes on for hearing of the proof of the instrument dated the 3rd day of January, 1995, filed herein and purporting to be the Last Will and Testament of the above named decedent, and the evidence being seen and heard in the manner provided by law, it is found that said instrument was executed and witnessed as provided by law; and is the Last Will and Testament of the above named decedent; that the Executor hereinafter named are qualified to act in such capacity. The executor has shown good cause to waive the requirement of appointing an in-state executor. IT IS THEREFORE ORDERED AND ADJUDGED that the above described instrument is admitted to probate as the Last Will and Testament of said decedent, and Kevin James Aldag is appointed Executor thereof with waived bond fixed at $0.
State of Iowa Courts Type: Case Number ESPR014378 ORDER ADMITTING WILL AND APPOINTING EXECUTOR Case Title ESTATE OF LOWELL ALDAG So Ordered
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IN THE MATTER OF THE ESTATE OF LOWELL DEAN ALDAG Deceased
Dated: 09/24/2013
Recipient List Case ID : 02811 ESPR014378 - ESTATE OF LOWELL ALDAG Event Cd : E-FILED COAW2013 SEP 24 11:33 AM SAC - CLERK OF DISTRICT COURT GREGORY JOSEPH SEXTRO filed
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SAC COUNTY IN THE MATTER OF THE ESTATE OF LOWELL ALDAG Case No. 02811 ESPR014378 Letters of Appointment
KNOW ALL PERSONS BY THESE PRESENTS: That having been duly appointed and qualified as Executor of the above entitled matter, KEVIN JAMES ALDAG is vested with all powers authorized by law in the premises. Dated: 09/24/2013
Recipient List Case ID : 02811 ESPR014378 - ESTATE OF LOWELL ALDAG Event Cd : E-FILED LEAP 2013 SEP 24 11:35 AM SAC - CLERK OF DISTRICT COURT LOWELL ALDAG filed
eForm 3.1: Original Notice and Petition for a Money Judgment

Plaintiff(s) United Bank of Iowa ________________________________________
(Name)
301 S. Main Street, Odebolt, IA 51458 ________________________________________

(Address) (Name)
Original Notice and Petition for a Money Judgment
________________________________________ ________________________________________
(Address)
(Name)
vs. Defendant(s) Jeffrey C. Lloyd ________________________________________
124 N. Lincoln Street, Odebolt, IA 51458 ________________________________________

(Address) (Name)
________________________________________ ________________________________________
(Address)
To Defendant(s):
4,759.21 1. You are notified that Plaintiff(s) demand(s) from you the amount of $ ______________ plus court costs based on (state briefly the basis for the demand, not to exceed $5000): Failure to repay loan #82488514 and overdrawn checking accounts #600280119 & #600419370.
2. Judgment may be entered against you unless you file 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. You must electronically file the Appearance and Answer 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 your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter. 5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s). 6. You must also notify the clerks office of any address change.
Matthew D. Huegerich /s/ ________________________________

Filing Plaintiff or Attorney
/s/ ________________________________ ___________________________________

Law firm, or entity for which filing is made, if applicable Second Plaintiff, if applicable
United Bank of Iowa ___________________________________
Law firm, or entity for which filing is made, if applicable
P.O. Box 456, Odebolt, IA 51458 ___________________________________

Mailing address
___________________________________
Mailing address
712-668-4877 ___________________________________
Telephone number Email address
___________________________________ ___________________________________
Additional email address, if applicable Telephone number Email address
mhuegerich@unitedbk.com ___________________________________
___________________________________
Additional email address, if applicable
___________________________________
STATE OF IOWA Plaintiff vs Summons or Citation ELIZABETH ASCHINGER Defendant Case No. 02811 FECR012305
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: CONSIPIRACY TO COMMIT EXTORTION in violation of Section(s) 711.4(3) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 05/10/2013 at 09:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.
Recipient List Case ID : 02811 FECR012305 - STATE VS ELIZABETH ANN ASCHINGER E-FILED 2013 MAY 08 1:54 PM SAC - CLERK OF DISTRICT COURT Event Cd : SUMM ELIZABETH ASCHINGER filed
THE STATE OF IOWA, Plaintiff, Case No. FECR012305 v. ELIZABETH ASCHINGER, Defendant. NOTICE OF APPEARANCE
COMES NOW, Attorney Robert E. Peterson and hereby enters his appearance in the above captioned matter, on behalf of the Defendant, Elizabeth Aschinger. Respectively Submitted, _____/s/ Robert Peterson______ Robert E. Peterson AT0009773 Robert E. Peterson, Attorney at Law 108 West 8th St. PO Box 1144 Carroll, IA 51401 Telephone: 712-792-4485 Facsimile: 712-792-4124 Email: RobertPetersonLaw@gmail.com ATTORNEY FOR DEFENDANT Copy to: ____________, County Attorney
CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on __________ [ ] U.S. Mail [ ] Federal Express [ ] Certified Mail [ ] Hand Delivery [ ] Fax [ ] Other: __________________
Signed: ___________________________________
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 FECR012305 vs. ELIZABETH ASCHINGER , Defendant. Defendant's Correct Address: INITIAL APPEARANCE
Charges: 01 - 711.4 - EXTORTION - 1978 (FELD) The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime(s) indicated above. The Court advises the Defendant as follows: 1. That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of Law. That he/she has the right to have an attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. 2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class d Aggravated Misdemeanor Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail 5 Years Prison And/Or $750 to 7500 fine 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.
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5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: The Defendant is to have no contact with Randy Aschinger or Sandy Aschinger either in person,telephonically, or electronically until further order of this court.
6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Preliminary Hearing is scheduled on at : AM at the . If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. 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). Disability coordinators cannot provide legal advice. Copies to: County Attorney The Court has provided a copy to the Defendant Defendant Sac County Sheriff
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State of Iowa Courts Case Number FECR012305 Type: Case Title STATE VS ELIZABETH ANN ASCHINGER HEARING FOR INITIAL APPEARANCE So Ordered
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STATE OF IOWA, PLAINTIFF, VS. ELIZABETH ASCHINGER , DEFENDANT. 02811 FECR012305 ORDER RE: APPLICATION FOR APPOINTMENT OF COUNSEL
The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant is not eligible for court-appointed counsel. Application denied.
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State of Iowa Courts Case Number FECR012305 Type: Case Title STATE VS ELIZABETH ANN ASCHINGER ORDER APPOINTING So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. FECR012305 Plaintiff, vs. TRIAL INFORMATION ELIZABETH ANN ASCHINGER, DOB: 08/16/1989 Defendant. COUNT I COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (defendant) of the crime of EXTORTION, a Class D Felony in violation of Iowa Code Section 711.4 committed as follows: On or around March 21, 2013, the defendant threatened Randy Aschinger, a Sac County, Iowa resident, telling Randy Aschinger defendant would disclose personal information concerning Randy Aschinger, which would expose Randy Aschinger to hatred, contempt, and / or ridicule if disclosed to another, unless Randy Aschinger paid defendant $3,000.00. The defendant intended to communicate these threat towards Randy Aschinger, Randy Aschinger received these threats while physically present in Sac County, Iowa, and the threat was made for the purpose of obtaining something of value for the defendant or other person. IOWA CODE 711.4, 703.1 (2013) COUNT 2 COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (defendant) of the crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of Iowa Code Section 714.1(1) and Section 714.2(2) committed as follows: On or around March 21, 2013, defendant took control of approximately $3,000.00 in the possession of / belonging to Randy Aschinger. The defendant did so with the intent to deprive Randy Aschinger of the approximate $3,000.00. The approximate $3,000.00 was in Sac County and belonged to and / or was in the possession of Randy Aschinger at the time defendant exercised control over it. IOWA CODE 714.1(1), 703.1 (2013) COUNT 3 COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (defendant) of the crime of EXTORTION, a Class D Felony in violation of Iowa Code Section 711.4 committed as follows: On or around March 25, 2013, the defendant threatened Randy Aschinger, a Sac County, Iowa resident, telling Randy Aschinger defendant would disclose personal information concerning Randy Aschinger, which would expose Randy Aschinger to hatred, contempt, and / or ridicule if disclosed
to another, unless Randy Aschinger paid defendant $5,000.00. The defendant intended to communicate these threats towards Randy Aschinger, Randy Aschinger received these threats while physically present in Sac County, Iowa, and the threats were made for the purpose of obtaining something of value for the defendant or other person. IOWA CODE 711.4, 703.1 (2013) COUNT 4 COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (defendant) of the crime of CONSPIRACY TO COMMIT EXTORTION / NON-FORCIBLE FELONY, a Class D Felony in violation of Iowa Code Section 706.1 and Section 706.3 committed as follows: On or about March 25, 2013, defendant agreed with Andrew Menken and / or Jason Heffelmeier that one or more of them would commit extortion and / or theft, or solicit another to commit extortion and / or theft, or attempt to commit extortion and / or theft, and the defendant entered into the agreement with the intent to promote or facilitate extortion and / or theft, and the defendant, or Andrew Menken and / or Jason Heffelmeier committed an overt act, which was done in Sac County and / or began in another county and continued through and / or ended in Sac County. Neither the defendant, Andrew Menken, nor Jason Heffelmeier were law enforcement agents investigating the aforementioned offenses or assisting law enforcement agents in the investigation when the conspiracy began. IOWA CODE 706.1, 706.3 (2013) COUNT 5 COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (defendant) of the crime of EXTORTION, a Class D Felony in violation of Iowa Code Section 711.4 committed as follows: On or about between April 8, 2013, and April 13, 2013, the defendant, either directly or in the course of knowingly aiding and abetting Andrew Menken and / or Jason Heffelmeier, threatened Randy Aschinger, a Sac County, Iowa resident, telling Randy Aschinger defendant would disclose personal information concerning Randy Aschinger, which would expose Randy Aschinger to hatred, contempt, and / or ridicule if disclosed to another, unless Randy Aschinger paid defendant $55,555.00. The defendant intended to communicate these threats towards Randy Aschinger and Randy Aschinger received these threats while physically present in Sac County, Iowa. The threats were made for the purpose of obtaining something of value for the defendant or other person. IOWA CODE 711.4, 703.1 (2013) COUNT 6 COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (defendant) of the crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of Iowa Code Section 714.1(1) and Section 714.2(2) committed as follows: On or about April 13, 2013, the defendant, either directly or in the course of
knowingly aiding and abetting Andrew Menken and / or Jason Heffelmeier, took control of approximately $3,000.00 in the possession of / belonging to Randy Aschinger. The defendant did so with the intent to deprive Randy Aschinger of the approximate $3,000.00. The approximate $3,000.00 was in Sac County and belonged to and / or was in the possession of Randy Aschinger at the time defendant exercised control over it. IOWA CODE 714.1(1), 703.1 (2013) COUNT 7 COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (defendant) of the crime of PREVENTING APPREHENSION OR OBSTRUCTING PROSECUTION OR DEFENSE, a Aggravated Misdemeanor in violation of Iowa Code Section 719.3 committed as follows: On or about April 8, 2013, the defendant destroyed evidence which would have been evidence in the trials on Counts 4 through 6 herein) and the Counts charged in State v. Heffelmeier, Sac County Case No. FECR012303 and State v. Menken, Sac County Case No. FECR012301; specifically, defendant deleted text messages from Randy Aschingers phone, the substantive content of which, coupled with information later learned by law enforcement, incriminated defendant, Andrew Menken, and / or Jason Heffelmeier. The defendants act was done with the specific intent to prevent the apprehension and / or obstruct the prosecution of defendant, Andrew Menken, and / or Jason Heffelmeier. IOWA CODE 719.3 (2013)
A TRUE INFORMATION
State of Iowa Courts Type: Case Number FECR012305 Approval of Trial Information Case Title STATE VS ELIZABETH ANN ASCHINGER
On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. FECR012305 Plaintiff, vs. Attachment to Trial Information ELIZABETH ANN ASCHINGER, Witness List Defendant.
NAMES OF WITNESSES: KEN MCCLURE, SAC COUNTY SHERIFF, Sac County Sheriff's Department BRIAN ERRITT, DEPUTY, Sac County Sheriff's Department ELIJAH HANSEN, OFFICER, Ames Police Department RANDY ASCHINGER, SELF EMPLOYED ANDREW CHRISTIAN MENKEN, OCCUPATION UNKNOWN JASON DALLAS HEFFELMEIER, OCCUPATION UNKNOWN VERIZON WIRELESS, CUSTODIAN OF RECORDS US CELLUALR, CUSTODIAN OF RECORDS AT&T MOBILE, CUSTODIAN OF RECORDS
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CRIMINAL NO. FECR012305 STATE OF IOWA, Plaintiff, ORDER SET ARRAIGNMENT AND APPROVE BOND VS. ELIZABETH ANN ASCHINGER, Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 2nd day of July 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. Bond previously set shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local laws. The No Contact Orders previously issued in this matter shall remain in full force and effect. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other:
State of Iowa Courts Type: Case Number FECR012305 ORDER FOR ARRAIGNMENT Case Title STATE VS ELIZABETH ANN ASCHINGER So Ordered
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STATE OF IOWA,
Plaintiff, v. ELIZABETH ANN ASCHINGER, Defendant.
Criminal No. FECR012305
WRITTEN ARRAIGNMENT AND PLEA OF NOT GUILTY
COMES NOW the above named defendant in the above captioned criminal case and under oath states: 1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108 West 8th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485. 2. My current mailing and residence addresses and telephone number are: Carroll, IA 51401 712-790-0335 3. 23 I am 446 years old. I can read and understand the English language and have completed the following level of education: 13. I have been advised by the above named attorney and understand that I have a right to arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this written arraignment and plea of not guilty. I understand that times for further proceedings which are computed from the date of arraignment will be computed from the date of filing this written arraignment and plea of not guilty. I have received a copy of the indictment/trial information which charges me with the crime(s) of Extortion in violation of Iowa Code section(s) 711.4, 703.1 (2013); Theft in the Second Degree in violation of Iowa Code section(s) 714.1(1), 703.1 (2013); Conspiracy to Commit Extortion in violation of Iowa Code section(s) 706.1, 706.3 (2013); Preventing Apprehension or Obstructing Prosecution or Defense in violation of Iowa Code section(s) 719.3 (2013). I have read it, and I have familiarized myself with its contents. With regard to the name by which I am charged in the indictment/trial information (either check "a" or check and complete "b"): [)(1 a. The name shown on the indictment/trial information is my true name. I have been advised and understand that I am now precluded from objecting to the indictment/trial information upon the ground I am improperly named. 2007 N. Main St,
4.
5.
6.
[ ] b. The name shown on the indictment/trial information is not my true name. My true name
. I request that an entry be made in the minutes is showing my true name. I have been advised and understand further proceedings will be had against me by that name, the indictment/trial information will be amended accordingly, and when the indictment/trial information is so amended I will be precluded from objecting upon the ground I am improperly named.
7. I
have been advised and understand that I may plead guilty, not guilty, or former conviction or
acquittal. 8. For the purpose of this arraignment, I have had sufficient time to discuss my case with the above named attorney, and I waive any further time in which to enter a plea. I plead NOT GUILTY to the charge(s) of Extortion, Theft in the Second Degree, Conspiracy to . Commit Extortion, Preventing Apprehension or Obstructing Prosecution or Defense
9.
10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90 days after indictment/filing of trial information and [check either "a" or "b"]: [ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b). [X b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b). 11. I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will be available for trial on the following days:
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State of Iowa Carroll County, ss. Subscribed, sworn to, and acknowledged before me by Elizabeth Aschinger this j , 20 1 3. of
day
Notary public public or other officer authorized to take and certify acknowledgements and administer oaths. [seal
ROBERT E. PETERSON Commission Number 758404 MY COMM:SS104.4PIRE.5. MAY 21, f3

STATE OF IOWA Plaintiff, vs. ELIZABETH ANN ASCHINGER, Defendant. The defendant, in the above captioned case, through the undersigned counsel, provides notice that he intends to depose, according to Iowa Rule of Criminal Procedure 2.13, the following individuals listed in the Trial Information filed on June 19, 2013: Sheriff Ken McClure Deputy Brian Erritt Officer Elijah Hansen Randy Aschinger Andrew Menken Jason Heffelmeier Custodian of Records, Verizon Wireless Custodian of Records, US Cellular Custodian of Records, AT&T Mobile __/s/ Robert Peterson_______ Robert E. Peterson, AT0009773 Robert E. Peterson, Attorney at Law 108 W 8th St., PO Box 1144 Carroll, IA 51401 712-792-4485 Fax: 712-792-4124 robertpetersonlaw@gmail.com NOTICE OF DEPOSITION Criminal Number FECR012305
2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. ELIZABETH ASCHINGER , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on June 20, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Robert E. Peterson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on August 28, 2013 at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on August 13, 2013, at 9:00 a.m. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
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Case No. 02811 FECR012305
ORDER FOR TRIAL
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY ROBERT EUGENE PETERSON ELIZABETH ASCHINGER DISTRICT COURT ADMINISTRATOR
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State of Iowa Courts Case Number FECR012305 Type: Case Title STATE VS ELIZABETH ANN ASCHINGER ORDER SETTING TRIAL So Ordered
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3ftC C O U N T S
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Rule 2.32-Form
1: Financial Affidavit and Application for Appointment of Counsel In the Iowa District Court for County No. Financial Affidavit and Application for Appointment of Counsel 33.
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3
State of Iowa or Plaintiff/Petitioner, vs. Defendant/Respondent.
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In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states: Name: îTqCX^h A-SctV'nqpCell phone: ^_ Date of birth: Email: Ofr' I U - B ^
Home phone: I r l ' 1 3 Q - 0 % 3 S Street address: 3l"fr
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State Zip
^f, Street/P.O. Box
2oz
Apt#
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City . In jail? Yes ^ N o
Pending charges:
CriW'l na[ Yes, full time Yes, part time (list hours per week:
Do you have a job? ' Nojob
Who do you work for?:- flrlbj-HOrg. fWmi-SSHow much money do you currently make, before taxes or deductions? (Si 0 OO per hour monthJ&year |Si 000
How much money have "you made in the last 12 months from any source, before taxes or deductions? How.many family members are supported by or live with you? < ? ? If a spouse lives with you, how much money does your spouse make?
Un^plOS^perO hour month year
List all other money you, and anyone else living in your household, has coming in:
List what you own, including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: tjAgUjy CansSOiQQO & 0a- tf IS, OOO P>\isir\o<;s-f \3o. 000
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, and any other debts:
Rtr-- fe.zoo Car- $ <*OQ y cr?ri,\- cards - -o PEP mo NTH
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I understand I may be required to repay the state for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit. I promise under penalty of perjury that the statements I make in this application are true, and that I am unable to pay for an attorney to represent me.
Date PU-3p-r3
Signature
g ^ t A U i j f y i ^\rrjT\x^^
IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ELIZABETH ASCHINGER, Defendant. ) ) ) ) ) ) ) ) )
No. FECR012305 Order
The Defendant has made application for court-appointed counsel. The Defendant is indigent and entitled to counsel. IT IS THEREFORE ORDERED that Robert Peterson is appointed to represent the Defendant at public expense. IT IS FURTHER ORDERED that Robert Petersons appointment shall take effect as of March, 2013.
Clerk to forward copies to: County Attorney Robert Peterson Court Administration
State of Iowa Courts Type: Case Number FECR012305 OTHER ORDER Case Title STATE VS ELIZABETH ANN ASCHINGER So Ordered
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ELIZABETH ANN ASCHINGER, Defendant. This case came before the Court on the parties request for an order setting the matter for a plea hearing. The Court, after reviewing the record and being advised in the premises FINDS and ORDERS a plea hearing in this matter shall be and is scheduled for September 24, 2013, at 2:00 p.m., in the courtroom at the Sac County Courthouse, Sac City, Iowa 50583. IT IS FURTHER ORDERED if the defendant fails to personally appear before this Court at the above-scheduled date and time, a bench warrant may issue for defendants arrest. ORDER SETTING PLEA HEARING Case No. FECR012305
State of Iowa Courts Type: Case Number FECR012305 OTHER ORDER Case Title STATE VS ELIZABETH ANN ASCHINGER So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ELIZABETH ANN ASCHINGER, Defendant. BE IT REMEMBERED that on September 24, 2013, the above-entitled matter came before the Court for a plea taking. The defendant appeared personally with her attorney, Robert Peterson. Sac County Attorney Ben Smith appeared for the State of Iowa. The Court, after complying with IRCrP 8(2)(b), finding the existence of a factual basis, accepts defendants guilty plea to CONSPIRACY TO COMMIT EXTORTION, a Class D Felony in violation of Iowa Code sections 706.1 and 706.3, and that the defendant has done so knowingly, voluntarily, and intelligently. On September 24, 2013, Defendant pled guilty to the offense shown below: Count 4 Offense Date March 25, 2013 Iowa Code Section 706.1, 706.3, 711.4 Offense CONSPIRACY TO COMMIT EXTORTION No. FECR012305 GUILTY PLEA AND DEFERRED JUDGMENT
The defendant waived use of a presentence investigation, waived time for sentencing, waived the right to file a Motion in Arrest of Judgment and requested immediate sentencing. Based on the record made, and pursuant to Iowa Code section 901.6, IT IS NOW ORDERED AND ADJUDGED as follows: 1. Deferred Judgment. Pursuant to Iowa Code Section 907.3(1), judgment in this matter is deferred. 2. Probation. The defendant is placed on probation pursuant to Iowa Code 907.5, 907.6, 907.7 and 907.8, to the Second Judicial District Department of Correctional Services (Dept.) for a period of (2) years subject to rules and conditions of probation imposed by the Dept., plus the following special conditions of probation: a. Defendant shall immediately and under no circumstances more than five days from today register for probation and sign any and all documents requested by the Department of Correctional Services Probation Offices. b. Pay all restitution ordered herein per Iowa Code 910.4. 1
c. Defendant shall maintain full-time employment of at least 35 hours a week at a lawful occupation unless excused by probation officer for schooling, training, or other acceptable reasons. d. Defendant shall not use any illegal drugs. 3. Statutory Civil Penalty. Pursuant to Iowa Code 907.14 defendant shall pay the statutory civil penalty of $750.00. IOWA CODE 902.9(5) 4. 5. The above civil penalty is suspended The Law Enforcement Initiative Surcharge is not applicable.
6. The Drug Abuse Resistance Education surcharge is not applicable or not applicable because judgment suspended or deferred. IOWA CODE 911.2(2). 7. Pecuniary damages pursuant to Iowa Code 915.100, however, the State and defendant believed no one suffered pecuniary damages (see IOWA CODE 910.3) 8. No Contact Order is hereby modified to allow defendant to have contact with the victim ONLY through a third-party and ONLY for the purpose and until the outstanding issues related to their joint business venture are resolved. 9. Restitution. Pursuant to Iowa Code section 910.3, the defendant shall pay and judgment is imposed against the defendant as follows: a. Fines, penalties and surcharges to the Clerk of Court as set forth above. b. Court costs in an amount that will be later certified by the Clerk of Court. c. Court-appointed attorneys fees per Iowa Code section 815.9, if the defendant is receiving court appointed legal assistance, the court finds upon inquiry, review of the case file any other information provided by the parties, the defendant has the reasonable ability to pay restitution of fees, including expense of a public defender in the amount approved by the State Public Defender. 10. The issue of restitution shall remain open for thirty (30) days following the entry of this Judgment / Order. 11. Reasonable Ability to Pay Adjustment Option: Pursuant to Iowa Code section 910.2(1) the court finds upon inquiry, review of the case file and any other information provided by the parties, that the defendant has the reasonable ability to pay restitution for the above items in an amount to be later certified by the Clerk of Court. 12. Notice Regarding Financial Obligations: All fines and costs, unless otherwise ordered, shall be paid on the day imposed. Payment of any fines, surcharges, court costs, restitution, or court appointed attorneys fees may be paid on-line by going to
www.iowacourts.gov or at the Clerk of Courts office or at some County Attorneys office. 13. Installment Payment Option: Defendant shall pay not less than $50 per month with the first payment due within 30 days (Iowa Code 909.3) of the date of this order and each month thereafter until all that is owed is paid in full. The entire financial liability must be paid within two years of this Order (Supreme Court Supervisory Order dated July 3, 2010). A Judge may not order an installment plan for any debt that is already delinquent, cannot forgive any installment payments, cannot modify, block, rescind any installment plan made by CCU, County Attorney, DOT, County Treasurer or other entities collecting delinquent court debt. CCU and some County Attorneys can arrange ONE installment plan for all court debt owed- the Judge CANNNOT do so. (7/3/2010 S.Ct. Order) 14. If a payment is more than 30 days past due, the Clerk of Court will turn the matter over to the Central Collection Unit (CCU)(515-281-6944) to begin collection efforts and a 10% penalty will be added to any unpaid balance. After one (1) year, if any portion of the financial obligation is unpaid, it may be sent to a private third-party collection agency with an additional 25% added to the unpaid delinquent amount. 15. The State of Iowa may intercept any state income tax refund due to the defendant, any vendor amounts due the defendant by the State of Iowa, or monetary amounts held by the clerk of court and payable to the defendant. 16. Unless Defendant fully complies with all the requirements ordered in this judgment, including payment of the restitution, fine, surcharges, and court costs within the required time, the Defendant may be ordered to appear in person before this Court and show cause why the Defendant should not be held in contempt of court. If the Defendant is held in contempt of court, a jail term may be imposed. 17. In the event of any material violation by the defendant of the terms and conditions of probation, the probation officer shall make written report to the court, whereupon the court may enter an adjudication of the defendant's guilt and proceed as otherwise provided by law. 18. The probation officer shall file a written report with the court upon completion of the period of probation or at such earlier time as the probation officer may determine that the purposes of probation have been fulfilled, whereupon this court may discharge the defendant from probation without entry of judgment. Upon the discharge of the defendant from probation, the clerk shall expunge this court's criminal record with reference to the deferred judgment. Before the case will be expunged, a defendant must have paid all the victim restitution, civil penalties, court costs, fees, or other financial obligations ordered by the court or assessed by the clerk of the district court in the case that includes the deferred judgment.
19. If financial obligations are outstanding, probation can be discharged upon a payment plan, as provided by 907.9(4)(a). The deferred judgment will not be expunged until all financial obligations are paid in full. 20. DNA Profiling. Pursuant to Iowa Code 81.2 and 901.5(8A)(a), the Defendant shall submit a physical specimen for DNA profiling. 21. Bonds Exonerated. All outstanding bonds are exonerated. 22. Related cases: Counts 1 through 3 and 5 through 7 are dismissed at Defendants cost and payable in this case. The dismissed case(s) is/are identified as related charges for purposes of potential expungement pursuant to Iowa Code sections 907.9(4)(c)(2) and 907.4. 23. Pursuant to Iowa Code sections 907.3, 907.5, 901.3 and 901.5, the reasons supporting this sentence include those set forth on the record and: a. The maximum opportunity for the rehabilitation of the defendant. b. Defendant's age. c. Defendant's prior record (or lack thereof) as to convictions and deferments. d. Defendant's employment circumstances. e. Defendant's family circumstances. f. Plea Agreement. g. Comments from the victim(s) of the crime relayed to the Court by the County Attorney.
State of Iowa Courts Type: Case Number FECR012305 ORDER FOR JUDGMENT Case Title STATE VS ELIZABETH ANN ASCHINGER So Ordered
page 5 of 5
2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, Plaintiff, vs. ELIZABETH ASCHINGER , Defendant.
Case No. 02811 FECR012305
COURT REPORTER MEMORANDUM AND CERTIFICATE
COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.) Appearances: For the State: Ben Smith For the Defendant: Robert Peterson Other: Information required by Iowa Rule of Civil Procedure 1.903(3): I, Michelle Phillips, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3): 1. The type of proceeding that was reported: Plea & Sentencing 2. The date(s) on which the proceeding occurred: September 24, 2013 3. The name of the court reporter who reported the proceeding: Michelle Phillips 4. The name of the judge who presided over the proceeding: Bice 5. The reporting fee for the proceeding: $40 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10. /s/ Michelle Phillips ___________________________________ District Court Reporter
1 of 2
State of Iowa Courts Case Number FECR012305 Type: Case Title STATE VS ELIZABETH ANN ASCHINGER COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered
2 of 2
MARGARET SMITH and JOHN SMITH, Plaintiffs,

vs.
LACV19319
)
\
)
)
)
) EXHIBIT LIST
LORING HOSPITAL, Defendant.
)
\
COMES NOW
Defendant
and
herewith
identifies the
following exhibits
which may be used at the trial of this matter.
Exhibit
Number Description Admitted
No Fdn. Objection
Other
Objection
Medical records from Loring
Hospital from 03/4-5/2010

admission, 56 pgs.
Loring Hospital Fall Risk B
Guidelines in effect 3/4/2010 Curriculum Vitae Barbara
Braafhart, RN
Photograph of room D
Photograph of place where Mrs.

Smith was found
E F
Photograph of hospital bed with
side rails up Photograph of call light
Photographs of call light on side

rail
Photograph of room showing location of bathroom Photograph of wrist band

Photograph of magnet
J
K L
DATED this.
is//day of.
. 2013.
Respectfully submitted,
HEIDMAN LAW FIRM, L.L.P.
By:
WJUA ,
P. O. Box 3086
JCJHN C. GRAY^T0002938
1128 Historic Fourth Street Sioux City, IA 51102 Phone: 712-255-8838
Fax: 712-258-6714
John.Grav(^Heidmanlaw.com
ATTORNEYS FOR DEFENDANT
Copy to:
Tyler C. Patrick Hudson, Mallaney, Shindler & Anderson, P.C.
5015 Grand Ridge Drive, Suite 100

West Des Moines, IA 50265
00374760
PROOF OF SERVICE
I certify that a true copy of this document was served upon each of the attorneys of record of all parties to this action at the addresses disclosed by thepteadings on By;
Hand Delivered
? FacSimtTa
Signal
D-Other
MARGARET SMITH and JOHN SMITH, Plaintiffs,

vs.
LACV193 19
)
\
) )
>
)
) WITNESS LIST
LORING HOSPITAL, Defendant.
)
\
COMES
NOW the Defendant, Loring Hospital, and herewith identifies the
following individuals who may be called to testify at trial:

1. 2. 3. Margaret Smith John Smith Tim Galbraith, RN
4.
5. 6. 7. 8.
9.
Lori Forneris, Chief Clinical Officer, Loring Hospital

Keri Geery, nurse, Loring Hospital Linda Brown, nurse, Loring Hospital Amy Scheffler, nurse Loring Hospital Sherry Bailey, CNA. Loring Hospital
Kay Martin, nurse, Loring Hospital
1 0. Barbara Braafhart, RN
DATED this
day of
,2013. Respectfully submitted,
HEIDMAN LAW FIRM. L.L.P.
By:
JOHN C. GRAY, m8 Historic Fo

P. O. Box 3086
0002938
Street
Sioux City, 1A 51 102
Phone: 712-255-8838
Fax: 712-258-6714
John. Gray(SMeidmanlaw. com ATTORNEYS FOR DEFENDAN"
Copy to: Tyler C. Patrick Hudson, Mallancy, Shindler & Anderson. P.C. 5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265
PROOF OF SERVICE
I certify that a true copy of this document was
served upon each of the attorneys of record of all

parlies to this action at the addresses disclosed
by the plead By: mj.s
-Pn/f
O Hand Delivered
54-76
00374868
? Fac1:
Signature
? Oilier
MlAj.'
n_
MARGARET SMITH & JOHN SMITH Plaintiffs, -vsLORING HOSPITAL,
Defendant.
: : : : : : : : : : :
LAW NO. LACV19319
PLAINTIFFS TRIAL BRIEF
TABLE OF CONTENTS I. A PRIMA FACIE CASE OF MEDICAL MALPRACTICE REQUIRES THAT A PLAINTIFF PRESENT EVIDENCE THAT ESTABLISHES THE APPLICABLE STANDARD OF CARE, THAT THE STANDARD HAS BEEN VIOLATED; AND THAT THERE IS A CASUAL RELATIONSHIP BETWEEN THE VIOLATION AND THE INJURY A HOSPITAL MUST EXERCISE THAT DEGREE OF SKILL OR CARE IN LEARNING ORDINARILY POSSESSED AND EXERCISED BY OTHER HOSPITALS IN SIMILAR CISCUMSTANCES TESTIMONY BY A PROPERLY TRAINED NURSE REGARDING WHAT SHE WOULD HAVE DONE UNDER THE CIRCUMSTANCES IS ADMISSIBLE IN A MEDICAL MALPRACTICE CASE ON AT LEAST TWO BASES: (1) SUCH TESTIMONY IS RELEVANT ON THE STANDARD OF CARE AND BREACH AND (2) SUCH TESTIMONY MAY BE USED TO IMPEACH THE WITNESSS CREDIBILITY IOWA HAS REJECTED THE LOCALITY RULE IN MEDICAL MALPRACTICE ACTIONS. THE LOCALITY WHERE THE DEFENDANT PRACTICES IS MERELY ONE FACTOR THE JURY MAY CONSIDER WHEN DETERMINING THE APPROPRIATE STANDARD OF CARE UNDER IOWA RULES OF EVIDENCE, AN EXPERT WITNESS MAY RENDER OPINION TESTIMONY WITHOUT PRIOR DISCLOSURE OF THE UNDERLYING FACTS UPON WHICH HE OR SHE IS RELYING IN RENDERING THAT OPINION
II.
III.
IV.
V.
VI.
UNDER IOWA LAW, AN EXPERT OPINION NEED ONLY RISE TO THE LEVEL OF A PROBABILITY, NOT A CERTAINTY, IN ORDER TO BE ADMISSIBLE AND TO GENERATE A FACT QUESTION WHICH MAY BE SUBMITTED TO THE JURY GENERALLY, EXPERT TESTIMONY IS REQUIRED ON ISSUES OF NEGLIGENCE AND PROXIMATE CAUSE, AN EXPERT MAY STATE HIS OPINION IN ANY FORM, SO LONG AS IT IS REASONABLY APPARENT THAT THE LANGUAGE USED IS MEANT TO EXPRESS THE WITNESS PROFESSIONAL OPINION
VII.
VIII. LAY WITNESSES MAY TESTIFY TO OPINIONS WHEN THE OPINIONS ARE BASED ON THE PERCEPTION OF THE WITNESS AND HELPFUL TO A CLEAR UNDERSTANDING OF THE WITNESS TESTIMONY OR THE DETERMINATION OF A FACT IN ISSUE IX. A PARTY MAY INTERROGATE AN UNWILLING OR HOSTILE WITNESS BY LEADING QUESTIONS USE OF LEADING QUESTIONS ON THE CROSS EXAMINATION OF A FRIENDLY WITNESS IS NOT ALLOWED UNDER IOWA LAW PRIOR ADMISSIONS BY A PARTY OPPONENT ARE ADMISSIBLE AS EVIDENCE AGAINST THAT PARTY AT TRIAL EITHER FOR IMPEACHMENT PURPOSES OR TO PROVE THE TRUTH OF THE MATTER ASSERTED A WITNESS MAY BE IMPEACHED BY A DEMONSTRATION OF BIAS OR PREJUDICE
X.
XI.
XII.
XIII. HOSPITAL AND MEDICAL RECORDS ARE ADMISSIBLE UNDER IOW LAW AS AN EXCEPTION TO THE HEARSAY RULE AND MAY BE USED TO PROVE FACTS CONTAINED THEREIN RELATING TO THE DIAGNOSIS, TREATMENT AND CONDITION OF THE PATIENT TO WHOM THEY RELATE XIV. REASONABLY CORRECT MAPS, MODELS AND VISUAL AIDS ARE ADMISSIBLE INTO EVIDENCE AND MAY BE USED TO ILLUSTRATE MATTERS IN EVIDENCE AND IN ANALYSIS XV. PHOTOGRAPHS ARE GENERALLY ADMISSIBLE IN EVIDENCE SO LONG AS THEY ACCURATELY DEPICT WHAT THEY PURPORT TO PORTRAY AND ARE NOT CUMULATIVE AND ARE PROBATIVE
XVI. IN MEDICAL MALPRACTICE ACTIONS, DAMAGES FOR ACTUAL ECONOMIC LOSS ARE NOT RECOVERABLE TO THE EXTENT THAT THOSE LOSSES ARE REPLACED OR INDEMNIFIED BY INSURANCE OR BY BENEFITS XVII. IOWA CODE SECTION 147.136 IS PREEMPTED BY THE MEDICARE SECONDARY PROVIDER STATUTE AND PLAINTIFF IS ENTITLED TO CLAIM AS DAMAGES ALL HEALTH CARE EXPENSES PAID BY MEDICARE Respectfully submitted, /s/Tyler C. Patrick J. Barton Goplerud, AT0002983 Tyler C. Patrick, AT0010268 HUDSON MALLANEY SHINDLER & ANDERSON, P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, Iowa 50265-5749 Telephone: (515) 223-4567 Facsimile: (515) 223-8887 ATTORNEYS FOR PLAINTIFFS I hereby certify that on June 19, 2013, I electronically filed the foregoing document with the Sac County District Court by using the CM/ECF system. I certify that the following parties or their counsel of record are registered as ECF Filers and that they will be served by the CM/ECF system: John C. Gray HEIDMAN LAW FIRM L.L.P. 1128 Historic Fourth Street P.O. Box 3086 Sioux City, IA 51102 ATTORNEY FOR DEFENDANT
I.
A PRIMA FACIE CASE OF MEDICAL MALPRACTICE REQUIRES THAT A PLAINTIFF PRESENT EVIDENCE THAT ESTABLISHES THE APPLICABLE STANDARD OF CARE, THAT THE STANDARD HAS BEEN VIOLATED; AND THAT THERE IS A CASUAL RELATIONSHIP BETWEEN THE VIOLATION AND THE INJURY. Argument
In the case of Campbell v. Dellbridge, 670 N.W.2d 108, 109, (Iowa 2003), the Iowa Supreme Court set forth the requirements for a prima facie case of medical malpractice. The Court stated: To establish a prima facie case of medical malpractice, a plaintiff must produce evidence that (1) established the applicable standard of care, (2) demonstrates a violation of this standard, and (3) develops a causal relationship between the violation and the injury sustained. II. A HOSPITAL MUST EXERCISE THAT DEGREE OF SKILL AND LEARNING ORDINARILY POSSESSED AND EXERCISED BY OTHER HOSPITALS IN SIMILAR CIRCUMSTANCES. Argument A hospital must use the degree of skill, care and learning ordinarily possessed and exercised by other hospitals in similar circumstances. A violation of this duty is negligence. Authority Kastler v. Iowa Methodist Hospital, 193 N.W.2d 98 (Iowa 1971) Dickinson v. Mailliard, 175 N.W.2d 588 (Iowa 1970) Clites v. State, 322 N.W.2d 917 (Iowa App. 1982)
III.
TESTIMONY BY A PROPERLY TRAINED NURSE REGARDING WHAT SHE WOULD HAVE DONE UNDER THE CIRCUMSTANCES IS ADMISSIBLE IN A MEDICAL MALPRACTICE CASE ON AT LEAST TWO BASES: (1) SUCH TESTIMONY IS RELEVANT ON THE STANDARD OF CARE AND BREACH AND (2) SUCH TESTIMONY MAY BE USED TO IMPEACH THE WITNESS'S CREDIBILITY. Argument
Testimony from a properly trained nurse regarding the actions that she would have taken if confronted with facts similar to those presented in the case at issue is admissible on at least two bases. First, such testimony is admissible to prove that Defendants were negligent. Iowa Rule of Evidence 5.401 defines "relevant evidence as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." All relevant evidence is admissible under Iowa Rule of Evidence 5.402. In a medical negligence action, the standard of care and a Defendant's failure to comply with that standard of care are questions of fact to be established by expert testimony, and, therefore, any evidence bearing upon those issues is relevant. The standard of medical and hospital care which is to be applied in each case is not a rule of law, but a matter to be established by the testimony of competent medical experts. Moore v. Francisco. 583 P.2d 391 (Kan. App. 1978). See Grosjean v. Spencer, 140 N.W. 2d 139 (Iowa 1966). Ordinarily, evidence of the applicable standard of care and its breach must be furnished by an expert. Campbell v. Delbridge, 670 N.W.2d 108, 109 (Iowa 2003); Iowa Code 668.11 (2001) (emphasis mine). The landmark case of Speed v. State makes clear that the testimony of a properly trained physician regarding what he would have done under facts similar to those presented in the case at issue is admissible as relevant on the question of negligence. Speed v. State, 240 N.W.2d 901 (Iowa 1976). In Speed, plaintiff brought an action for medical negligence contending that doctors at the University of Iowa Hospitals and Clinics negligently cared for him, resulting in blindness. On appeal, the Iowa Supreme Court ruled that the evidence supported the trial court's conclusion that the defendant doctor was negligent. The Supreme Court first examined the testimony of plaintiff's expert witnesses. Next, the Supreme Court stated that the trial court's conclusion that
5
the defendant doctor was negligent was supported by testimony from the defense experts in response to questions regarding what they would have done if confronted with a similar situation. The Court stated: In addition, several of the witnesses called by the State gave testimony from which the trial court could infer negligence on the part of [the defendant doctor] in taking no further action after considering brain abscess aid septicemia. Dr. Robert Hardin, Vice President for Health Affairs at the University of Iowa, testified that if he had an impression of septicemia, he would do an immediate blood culture, and if he had an impression of brain abscess, he would arrange for a brain scan. Dr. Aldoph Sahs, a witness for the State and Head of the Department of Neurology at University Hospitals, testified that if he had an impression of brain abscess, he would do a spinal tap and a brain scan às quickly as possible. Id. at 905. All of the foregoing testimony by defendant's own witnesses was admissible as to the negligence of the defendant. Id. The second rationale for allowing the testimony of a properly trained nurse regarding what she would have done under the circumstances is that such testimony bears upon the credibility of the witness where the witness testifies that the standard of care differs from what she would have done. In Pagalis & Wachsman, American Law of Medical Malpractice, 11:7 (1981), the authors note that evidence of an expert's own clinical experience is relevant on the issue of credibility, stating; ... Such a line of inquiry usually is admissible on the issue of credibility. If, for example, plaintiff's expert testifies that the defendant deviated from a certain standard of care, said experts credibility certainly would be severely shaken if, in fact, it can be shown that this expert has performed a medical act in the same or similar manner as the defendant. If a defense expert has testified that a defendant's medical act conformed with a certain acceptable standard of care, the credibility of said testimony certainly would be severely shaken if said expert conceded, on cross-examination, that he personally does not perform and/or teach the medical act in the same manner.
See also Siegel v. Mt. Sinai Hospital of Cleveland, 403 N.E.2d 202 (Ohio App. 1978).
IV.
IOWA HAS REJECTED THE "LOCALITY RULE" IN MEDICAL MALPRACTICE ACTIONS. THE LOCALITY WHERE THE DEFENDANT PRACTICES IS MERELY ONE FACTOR THE JURY MAY CONSIDER WHEN DETERMINING THE APPROPRIATE STANDARD OF CARE. Argument For years, the Iowa Supreme Court took the position that a medical professional was
merely held to the standard of medical practice in his/her community. That rule, known as the "locality rule," was abolished by the Iowa Supreme Court in the case of Speed v. State, 240 N.W. 2d 901 (Iowa 1976). See also Menzel v. Morse, 362 N.W.2d 465, 471 (Iowa 1985). One commentator has described the effect of the abrogation of the "locality rule" as follows; Formerly, an Iowa physician was merely held to the standard of medical care practiced in his community. That rule, however, has been abolished and the locality where the physician practices is merely one circumstance the jury may consider, not the absolute limit upon the skill required. Finely, Tort Reform in Medical Malpractice: Iowa's Past, Present and Future. 36 Drake L. Rev. 699 (1987). Even when the standard of care of a specialist, rather than a general practitioner, is at issue, the medical practice in the locality where the specialist practices is completely irrelevant to a determination of the applicable standard of care. See Perin v. Havne, 210 N.W.2d 609, 615 (Iowa 1973); Grosjean v. Spencer, 140 N.W. 2d 139, 143 (Iowa 1966); Speed, 240 N.W.2d at 901. V. UNDER IOWA RULES OF EVIDENCE, AN EXPERT WITNESS MAY RENDER OPINION TESTIMONY WITHOUT PRIOR DISCLOSURE OF THE UNDERLYING FACTS UPON WHICH HE OR SHE IS RELYING IN RENDERING THAT OPINION. Argument
Iowa Rule of Evidence 5.705 provides that an expert witness "may testify in terms of opinion or inference and give his reasons therefore without prior disclosure of the underlying facts or data, unless the court requires otherwise." Under the clear language of Rule 5.705, an expert witness may render opinion testimony without prior disclosure of the factual basis for that opinion. In addition, pursuant to Iowa Rule of Evidence 5.703, the facts relied upon by the expert witness need not be previously admitted into evidence or, for that matter, even be admissible into evidence so long as the facts relied upon are "of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject." Under Iowa Rules of Evidence 5.703 and 5.705, opinion testimony need not be offered by way of hypothetical questions. See Rule 5.703, Official Committee Comment (under Rule 5.703 the witness need not be interrogated by means of a hypothetical question ..."); Rule 5.705, Official Committee Comment (same). Additionally, Rule 5.703 is specifically exempted from operation of Rule 5.602 pertaining to lack of personal knowledge. Therefore, an expert may render opinion testimony relying upon personal knowledge, facts or data made known to him or her at trial, facts or data made known to him or her before trial, or facts and data not admissible at trial pursuant to Rule 5.703.
VI.
UNDER IOWA LAW AN EXPERT OPINION NEED ONLY RISE TO THE LEVEL OF A PROBABILITY, NOT A CERTAINTY, IN ORDER TO BE ADMISSIBLE AND TO GENERATE A FACT QUESTION WHICH MAY BE SUBMITTED TO THE JURY. Argument An expert may express their opinions as to a certain issue in terms of a possibility, a
probability, or an actuality. Hansen v. Central Iowa Hosp. Corp., 686 N.W. 2d 476, 485 (Iowa
8
2004) (citing Winter v. Honegger's & Company, 215 N.W. 2d 316, 321 (Iowa 1974)). In Winter, the Supreme Court discussed that level of certainty necessary in an expert's opinion in order for that opinion to generate a jury question: This Court has announced that expert testimony indicating that it is possible a given factual circumstance was the cause of plaintiff's injury or 'could have caused it' is insufficient, standing alone, to generate a fact question. Expert testimony indicating probability or likelihood of a causal connection is necessary for this purpose. In its decision, the Supreme Court also indicated instances in which an expert's opinion as to a "possible" causal connection could be sufficient to generate a jury question, stating: When testimony of an expert witness that a described condition is merely 'possible' or 'might' exist as a consequence of a stated cause is coupled with other testimony, non-expert in nature, that the described, condition of which complaint is made did not exist before occurrence of those facts alleged to be the cause thereof, a fact question as to causal relation is generated. The Winter case involved an action brought by the plaintiff against a manufacturer of a confinement hog-farrowing house which the plaintiff had purchased. The plaintiff alleged that as a result of the improper design, construction, and instruction for use of the ventilating system installed by the defendant in the farrowing house, environmental conditions were created which caused his hogs to develop atrophic rhinitis which, in turn, caused the plaintiff to lose accreditation of his herd. Id. at 319. Plaintiff's expert veterinarian testified on direct examination that the problems with the ventilation system in the farrowing house "could definitely be a contributing factor" to the hogs having ultimately contracted atrophic rhinitis. Id. at 322. On appeal, the defendants contended that the testimony of the plaintiff's expert veterinarian was not sufficient to create a question on the issue of causation in that his testimony amounted to a mere possibility, rather than the requisite level of probability, on the question of causation.
9
The Supreme Court held that the veterinarian's testimony indeed suggested only a possibility of causal connection between the ventilation system and the atrophic rhinitis. The plaintiff, however, had testified that for two years prior to use of the farrowing house, constructed by the defendants, his herd had no health problems. The Court held that the plaintiff's testimony coupled with the evidence of the expert veterinarian was sufficient to generate a fact question on the issue of causal relation. Id. See also Bradshaw v. Iowa Methodist Hospital, 101 N.W.2d 167, 169-170 (Iowa 1960) (physician testimony coupled with lay person testimony that he had no prior health problems sufficient for plaintiff to sustain burden of proof). Iowa law is clear that an expert opinion, to be admissible, must amount to more than mere speculation or conjecture. Osborn v. Massev-Ferguson Inc., 290 N.W. 2d 893, 900 (Iowa 1980); Iowa Power and Light Company v. Stortenbecker, 334 N.W. 2d 326, 330-31 (Iowa Ct. App. 1983). In order to generate a jury question, an expert's opinion must indicate a probability or likelihood. Hansen, 686 N.W. 2d at 485; Stortenbecker, 334 N.W. 2d at 331 ("an opinion as to a mere possibility, as opposed to probability, is insufficient unless probability can be inferred by coupling the expert's 'possibility' testimony with lay testimony that the condition complained of did not exist before the occurrence of those facts in question."); Shinrone Inn. v. Tasco Inc., 283 N.W, 2d 280, 284 (Iowa 1979) (trial court's finding that plaintiffs expert was of the opinion that plaintiff's losses were probably, not merely possibly, due to design of defendant's livestock nursery was sufficient to establish proximate cause). An expert opinion need not be couched in definite, positive, or unequivocal language. Dickinson v. Maillard, 175 N.W, 2d 588, 593 (Iowa 1970).
VII.
EXPERT TESTIMONY IS REQUIRED ON ISSUES OF NEGLIGENCE AND CAUSATION, AN EXPERT MAY STATE HIS OPINION IN ANY FORM, SO LONG AS IT IS REASONABLY APPARENT THAT THE
10
LANGUAGE USED IS MEANT TO EXPRESS THE WITNESS' PROFESSIONAL OPINION. Argument In a medical malpractice case, expert testimony is ordinarily necessary on both the issues of negligence and causation. Evidence of the requisite skill and care exercised by a physician must be given by expert witnesses. Iowa Code 147.139. Expert testimony is also required on the question of causation: In medical malpractice cases, we have consistently held that, where common knowledge or everyday experience will not permit a lay jury to form an opinion as to causal connection between acts of negligence and injury to the plaintiff, 'causal connection is essentially a matter which must be foundationed upon expert evidence.' Kanlopren v. VanBramer, 392 N.W. 2d 480, 484 (Iowa 1986). An expert witness must have a basis for the opinion that he renders. Most courts have held that if an opinion is based on a "reasonable medical certainty" or a "reasonable medical probability," it is sufficient. Pegalis & Wachsman, American Law of Medical Malpractice, 11:6 (1981). It is also clear, however, that most courts will not defeat the probative value of an expert's opinion based on semantics alone. Hansen, 686 N.W. 2d at 485. In Hansen, the court stated that "[b]uzzwords like 'reasonable degree of medical certainty' are therefore not necessary to generate a jury question on causation." Id. (expert testimony indicating probability or likelihood of causal connection sufficient to generate question on causation). As highlighted by Hansen, the Iowa Supreme Court expressly held that "magic phrases" and semantics alone will not defeat an expert's opinion. Prior to Hansen, the Iowa Supreme Court held that a qualified expert should be allowed to state his opinion, either as to probable or even merely possible causation. The court held that the use of terms like "I believe" or "I think"
11
or "it appears to me" are permissible, if it is apparent that such language is meant to express a witness's professional opinion. Specifically, the court stated: We cannot agree that this evidence was inadmissible. Almost all courts have held the opinion of expert need not be couched in definitive, positive or unequivocal language. The use of the terms like "I believe;" or "I think;" or "it appears to me" have all been held permissible if it is apparent such language is meant to express the witness's professional opinion. Id. at 593.
VIII.
LAY WITNESSES MAY TESTIFY TO OPINIONS WHEN THE OPINIONS ARE BASED ON THE PERCEPTION OF THE WITNESS AND HELPFUL TO A CLEAR UNDERSTANDING OF THE WITNESS' TESTIMONY OR THE DETERMINATION OF A FACT IN ISSUE. Argument
Iowa Rule of Evidence 5.701 expressly permits lay witnesses to testify to certain opinions. The Rule states: If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue. For a lay opinion to be admissible, it must be based on the witness's own perception and must also be helpful to the trier of fact. The first requirement essentially incorporates the requirements of Iowa Rule of Evidence 5.602, which provides that a witness may not testify unless evidence is introduced to support a finding that the witness has personal knowledge of the matter. See Meeker v. City of Clinton, 259 N.W. 2d 822, 831 (Iowa 1977) (in order for lay witness to render opinion, they must have observed the facts necessary to - do so). The "rational connection" test of Rule 5.701(a) has been described as follows:
12
The rational connection test means only that the opinion or inference is one which a normal person would form on the basis of the observed facts. Weinstein, Weinstein's Evidence, 701[2]. The second requirement of Rule 5.701 is a finding that the opinion will be helpful to a clear understanding of the witness's testimony or determination of a fact at issue. Lay opinion testimony has been described by one Iowa commentator as a "permissible shorthand rendering of the facts," McCormick, Opinion evidence in Iowa, 19 Drake L. Rev. 245, 248 (1970). The proper areas for lay opinion testimony are endless. In Kerry Coal Co. v. United Mine Workers, 637 F.2d 957 (3rd Cir. 1981), the Third Circuit Court of Appeals held that testimony that plaintiff's employees were "nervous and afraid" was merely a shorthand report of the witness's observations of employee reactions. Opinion evidence has been allowed to describe the appearance of persons or things, identity, manner of conduct, competency of a person, feeling degrees of light or darkness, sound, size, weight, distance, speed, etc. Weinstein, at 701(2). The admissibility of lay opinion testimony rests in the sound discretion of the trial court. Lamb v. Newton-Livingston Inc., 551 N.W. 2d 333, 340 (la Ct. App. 1996); Wade v. Jones, 312 N.W. 2d 510, 515 (Iowa 1981); Farm Fuel Products and Grain Processing, 429 N.W.2d 153, 161 (Iowa 1988). Moreover, the "ultimate issue" rule has been abolished by Iowa Rule of Evidence 5.704. Thus, testimony in the form of an opinion is not objectionable because it embraces and ultimate issue to be decided by the trier of fact. Grismore v. Consolidated Product Co., 5 N.W.2d 646, 662 (Iowa 1932).
IX.
A PARTY MAY INTERROGATE AN UNWILLING OR HOSTILE WITNESS BY LEADING QUESTIONS. Argument
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Plaintiffs may call the defendant in their case in chief. Iowa Code 624.1 provides that: "a party may interrogate any unwilling or hostile wiliness by leading questions." See IRE 5.611(c) ("When a party calls a hostile wits, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions."). The Iowa Supreme Court has held that under this section, the trial court has wide discretion when and to the extent which leading questions may be employed when interrogating such witnesses. Wong v. Waterloo Comm. Sch. Dist., 232 N.W. 2d 865, 868 (Iowa 1972). Under Section 624.1 of the Iowa Code, a party is presumed to be adverse when called as a witness by the opposing party.
X.
USE OF LEADING QUESTIONS ON THE CROSS EXAMINATION OF A FRIENDLY WITNESS IS NOT ALLOWED UNDER IOWA LAW. Argument Plaintiff may call certain adverse or hostile witnesses in their case. Defense counsel
should not be allowed to ask these same witnesses leading questions on "cross examination" following the direct examination by Plaintiff's counsel. In Matter of Estate of Hern, 284 N.W. 2d 191 (Iowa 1979), the Iowa Supreme Court noted that while cross-examination ought to be allowed following an adverse direct exam, such "cross examination": does not mean counsel has an unqualified right to ask leading questions of his or her own party client, its officer, directors or managing agents. The majority rule is that generally where an "adverse" witness is shown to be friendly toward or biased in favor of the cross-examiner, the reason for the rule, grounded on the assumed hostility of such witness to the cross. examiner's cause, has ceased to exist and leading questions may not be used in examining such ' witness. Annot., 38 A.L.R. 2d 952, 954 (1954). 284 N.W.2d at 197-98.
14
In Hern, the Iowa Supreme Court also cited several other authorities and cases for the proposition that "[w]hen an opponent's witness proves to be in fact biased in favor of the cross examiner, the danger of leading questions arises and they may be forbidden." Hern, 284 N.W.2d at 198. Under Iowa law, the use of leading questions on the "cross-examination" of a friendly witness simply should not be allowed.
XI.
PRIOR ADMISSIONS BY A PARTY OPPONENT ARE ADMISSIBLE AS EVIDENCE AGAINST THAT PARTY AT TRIAL EITHER FOR IMPEACHMENT PURPOSES OR TO PROVE THE TRUTH OF THE MATTER ASSERTED. Argument Rule 5.801(d)(2) of the Iowa Rule of Evidence identifies five types of statements, which
are not hearsay and are admissible as admissions by a party opponent. In a 1970 case, the Iowa Supreme Court stated: Though not truly an exception, and probably better described as a variant to the hearsay principle, it is generally understood, anything said by a party opponent may be used against him as an àdmission,' provided it exhibits inconsistency with these facts presently asserted in pleadings or testimony. Bailey v. Chicago Burlington & Quincy Railroad Co., 179 N.W.2d 560, 566 (Iowa 1970)(citations contained therein), Therefore, an admission of a party does not have to be "against interest" at the time it was made in order to be admissible. Bailey, 179 N.W.2d at 566; Auto-Owners Ins. Co. v. Jensen, 667 F.2d 714, 722 (N.D. 1981); R. Lempert & S. Saltzburg, A Modern Approach To Evidence, 383 (1982 2d Ed). A general hearsay exception exists for statements which, when made, are against the declarant's interests. IRE 5.804(b)(3). The exception for "statements against interest" contained in Rule 5.804 requires that the declaration, when made, must be against the declarant's "pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal
15
liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true." J... Rule of Evidence 5.801 exception for party admissions does not contain this Rule 5.804 requirement demonstrating either a pecuniary or proprietary interest. Rather, "[a] statement which is self-serving or neutral when made is just as readily admitted under the [Rule 801] admissions exception as a [Rule 804] statement against interest." R. Lempert & S. Saltzburg, at 383.
XII.
A WITNESS MAY BE IMPEACHED BY A DEMONSTRATION OF BIAS OR PREJUDICE. Argument
Iowa law does not specifically address the issue of impeachment of a witness, other than to state, [t]he credibility of a witness may be attacked by any party, including the party calling him. IRE 5.607. A witness's credibility is inherently put in issue when he or she takes the stand. The right of a party to impeach a witness by cross-examination, or other credible evidence, is universally recognized, and the scope and extent of cross-examination for impeachment purposes is in the sound discretion of the court. 81 Am. Jur. 2d, Witnesses, 865 - 866, 876 (1992). Courts are liberal in allowing testimony that tends to show bias for the basic reason that a witness's credibility is essential in the assessment of the facts of the case. Weinstein, Weinsteins Evidence, 607(04)[1](1988). Bias or prejudice of a witness is always relevant. 81 Am.Jur.2d, Witnesses, 876 (1992). The underlying assumptions which support the Impeachment of a witness are twofold: (1) certain relationships and circumstances hinder the neutrality of a witness, and (2) a witness who is not neutral or impartial may be tainting or "shading" his or her testimony, thereby favoring or
16
disfavoring a party. Weinstein, Weinstein's Evidence, 607(04)[1] (1988). Bias affects credibility, and credibility, in turn, affects the fact finder's assessment of the facts of the case.
XIII.
HOSPITAL AND MEDICAL RECORDS ARE ADMISSIBLE UNDER IOWA LAW AS AN EXCEPTION TO THE HEARSAY RULE AND MAY BE USED TO PROVE FACTS CONTAINED THEREIN RELATING TO THE DIAGNOSIS, TREATMENT, AND CONDITION OF THE PATIENT TO WHOM THEY RELATE. Argument
Hospital and medical records have long been admissible in Iowa. They were admissible prior to the enactment of the Iowa "Business Records Statute" in 1961. The rationale for allowing hospital records into evidence has been stated as follows: Hospital records were admitted into evidence even before the 1961 Iowa Statute without requiring a foundation from each person who made the entries. Because hospital records are relied upon in matters relating to life or death, such records have added trustworthiness, and may be admitted into evidence, even if there is not a showing as to some of the other foundational requirements. Vestal & Willison, Iowa Practice, 37.04 (1974). This rationale was set down in the landmark case of Gearhart v. Des Moines Ry. Co., 21 N.W. 2d 569 (Iowa 1946). In Gearhart, the court explained the inherent trustworthiness of hospital records and the foundation required to admit them. That such [medical] records are not only supposed to be true, but must be true in order that the safety and even the life of patients whose care is entrusted to physicians, nurses, and employees of the hospital may be assured, and for such further reason that in records such as this, no reason exists for any fraudulent misrepresentation as to the condition of the patient. A party to an action is entitled to whatever information may be properly adduced for the Court and jury, and where such information can be obtained under circumstances that indicate that it is true, and no reason exists to indicate that it was false, the interests of justice require that such evidence be admitted. The rule of
17
admission applies with full force to a general public hospital where the records are for the benefit of all persons concerned in the care of various patients ... Id. at 571. Prior to the adoption by Iowa of the Federal Rules of Evidence, hospital and medical records were admitted under Iowa Code 622.28. This was the statute allowing "business records" into evidence as an exception to the hearsay rule. Under the Iowa Rule of Evidence, the corresponding section is Rule 5.803(6), which states: Records of regularly conducted activity, A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time, by, or from Information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and the regular practice of that business activity was to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate a lack of trustworthiness. The term business' as used in this paragraph includes business, institution, association, profession, occupation and calling of every kind, whether or not conducted for profit. IRE 5.803(6)(emphasis added). This rule of evidence operates to allow hospital and medical records into Evidence as an exception to the hearsay rule, to prove the truth of the matter asserted. Significantly, the Federal Rule of Evidence 803(6) specifically allows the admission into evidence of notations as to "opinions" and "diagnoses." The Official Comment to the Iowa Rules of Evidence clearly indicates that statements of "opinions" and "diagnoses" are admissible, so long as they come from a "business record." IRE 5.803(6), Official Comment. When considering admissibility of business records under the old Iowa Code 622.28, the Iowa Supreme Court always viewed the statute liberally. The Iowa Supreme Court has afforded Rule 5.803(6) the same liberal interpretation. In State v. Fisher, 178 N.W. 2d 380 (Iowa
18
1970), the court was faced with the admissibility of hospital records under Iowa Code 622.28. The court explained that it construed 622.28 to "accord it the broad, liberal interpretation it was intended to have." Id. at 382. In the case of Poweshiek County National Bank v. Nationwide Mutual Ins., Co. 156 N.W. 2d 671 (Iowa 1968), the court stated, [w]hen properly identified, hospital records made by authorized professional personnel (doctors and nurses) are admissible in evidence to show the condition and treatment of the patient. Id. at 674. The court continued by quoting with approval a Minnesota case stating that hospital records are admissible to prove "diagnosis, treatment or medical history of the patient, pertinent to the medical and surgical aspects of the case ...." ld. Clearly, under Iowa Rule of Evidence 5.803(6) and previous decisions of the Iowa Supreme Court, medical records may be admitted to prove facts in connection with treatment, condition, diagnosis, and opinion, and are admissible into evidence so long as the entries were made in the "regular course of treatment."
XIV.
REASONABLY CORRECT MAPS, MODELS AND VISUAL AIDS ARE ADMISSIBLE INTO EVIDENCE AND MAY BE USED TO ILLUSTRATE MATTERS IN EVIDENCE AND IN ANALYSIS. Argument
Iowa has long held that reasonably correct maps, models, and visual aids are admissible into evidence. Visual aids and exhibits submitted into evidence may be used by a witness to illustrate matters in evidence and in analysis. For example, in the case of State v. Pepples, 250 N.W. 2d 390, 396 (Iowa 1977), the Iowa Supreme Court stated: Counsel may also use visual aids to illustrate matters in evidence in aid of their analysis. See State v. Plowman, 386 N.W. 2d 546, 550 (Iowa Ct. App. 1986). Whether or not a map, model, or visual aid goes to the jury is largely a matter of judicial discretion, State v. Thornton, 498 N.W.2d 670, 674 (Iowa 1903)(demonstrative evidence). At the
19
very least, the court should allow the map, model, or visual aid to be marked for identification if it is to be used as a testimonial aid or visual summary. United States v. Abbas, 504 F.2d 123, 125 (9th Cir. 1975). XV. PHOTOGRAPHS ARE GENERALLY ADMISSIBLE IN EVIDENCE SO LONG AS THEY ACCURATELY DEPICT WHAT THEY PURPORT TO PORTRAY AND ARE NOT CUMULATIVE AND ARE PROBATIVE. Argument Photographic evidence is one of the most widely accepted and admitted forms of evidence used in civil trials. Generally, if the photographs assist the jury in understanding the case or are illustrative of the testimony of a witness and have been properly authenticated, they are admissible. Since the development of the art of photographs, photographs have generally been received in evidence on the same basis as maps and diagrams, to enable the trier of the fact better to understand the characteristics of the person, object, scene or condition represented or reproduced ... Two basic factors are recognized as tests to determine relevancy and to aid the judge in the exercise and sound discretion to admit or exclude the photographs, depending on whether it will assist or confuse or enlighten or unduly prejudice the jury. These two facts are: (1) does the photograph assist the jury in understanding the case, or (2) does it assist the witness in explaining his testimony? Gard, Jones on Evidence, 17:49 (1972). Iowa follows this general position on the proper use of photographic evidence. In the case of Maier v. Illinois Cent. R. Cd., 243 N.W, 2d 388 (Iowa 1974), the court stated, Iowa law holds photographs of objects or persons are admissible if they are illustrative of the testimony of witnesses. Id., at 394. Before photographs are admissible in evidence, they must be properly authenticated. Authentication for photographs merely requires the testimony of the person who took the
20
photograph or an individual familiar with what the photograph portrays. Id.; see State v. Holderness, 293 N.W. 2d 226 (Iowa 1980)(circumstantial evidence authenticating time and place of photograph satisfies IRE 5.901(a)). The witness authenticating the photograph must testify that the photograph is an accurate depiction of the event or object: The general principle of photographs as an application of natural laws in producing images, resemblances, pictures of persons, things, scenes and conditions are so well known as to be the subject of judicial notice, and the proof of authentication is facilitated in this respect... The authentication or verification of a photograph is a prerequisite to its being received in evidence, maybe by the photographer himself or by any witness whose familiarity with the subject matter of the photograph qualifies him to testify that it is a correct representation of the object or scene which it portrays... The important thing is the identity of the subject matter shown in the picture and showing that the subject matter is faithfully reproduced. Jones on Evidence, supra at 17:51. The Iowa courts have consistently followed this general rule on authentication of photographs. In the Maier case, the court identified a method for authentication of photographs: Plaintiff testified the exhibits reasonably and accurately portrayed the view of the scene as he looked out of his car. Earlier testimony established that he was familiar with the crossing. It is not necessary for a witness to be a photographer or know anything concerning the taking of pictures or.;, technical data concerning camera or lenses. The only requirement is that he know about the facts "" represented or the scene or objects photographed. After this is established, a witness may say whether the photographs correctly and accurately portray such facts. When the photograph is thus verified, it is admissible. Id.
XVI.
IN MEDICAL MALPRACTICE ACTIONS, DAMAGES FOR ACTUAL ECONOMIC LOSS ARE NOT RECOVERABLE TO THE EXTENT THAT
21
THOSE LOSSES ARE REPLACED OR INDEMNIFIED BY INSURANCE OR BY BENEFITS. Argument Iowa law prohibits the recovery for actual losses, either past or present, in medical malpractice actions, if those losses are payable by some other fund or source. Section 147.136 of the Iowa Code states: In an action for damages for personal injury against a physician and surgeon ... based on the alleged negligence of the practitioner ... or upon the alleged negligence of the hospital in patient care, in which liability Is admitted or established, the damages awarded shall not include actual economic losses incurred or to be incurred in the future by the claimant by reason of personal injury, including but not limited to, the cost of reasonable and necessary medical care, rehabilitation services, and custodial care, and the loss of services and loss of earned income, to the extent that those losses are replaced or are indemnified by insurance, or by governmental, employment, or service benefit programs or from any other source except the assets of the claimant .... Id.
XVII.
IOWA CODE SECTION 147.136 IS PREEMPTED BY THE MEDICARE SECONDARY PROVIDER STATUTE AND PLAINTIFF IS ENTITLED TO CLAIM AS DAMAGES ALL HEALTH CARE EXPENSES PAID BY MEDICARE. Argument
The Medicare Secondary Provider ("MSP") statute, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, provides as follows: (b) Medicare as secondary payer ... (2) Medicare secondary payer (A) In general Payment under this subchapter may not be made, except as provided in subparagraph (B), with respect to any item or service to the extent that - ... (ii) payment has been made or can reasonably be expected to be made under a workmen's
22
compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance. In this subsection, the term "primary plan" means a group health plan or large group health plan, to the extent that clause (i) applies, and a workmen's compensation law or plan, an automobile or liability insurance policy or plan (including a self-insured plan) or no fault insurance, to the extent that clause (ii) applies. An entity that engages in a business, trade, or profession shall be deemed to, have a selfinsured plan if it carries its own risk (whether by a failure to obtain insurance, or otherwise) in whole or in part. (B) Repayment required ... (iii) Action by United States in order to recover payment made under this subchapter for an item or service, the United States may bring an action against any or all entities that are or were required or responsible ... to make payment with respect to the same item or service ... under a primary plan... (d) Effective Dates ... The amendments made by this section (1) in the case of subsection (b) ... as if included in the enactment Of section 953 of the Omnibus Reconciliation Act of 1980. 42 U.S.C. 1395y. In passing the MSP statute, Congress's express purpose was to lower Medicare costs by making the government a secondary provider of medical coverage when there are other sources of coverage. Blue Cross & Blue Shield of Tex., 995 F.2d 70, 70-73 (N.D. Ala. 2001). With its 2003 amendments to the MSP, Congress expanded Medicare's scope as the secondary provider of medical coverage by legislating that all parties involved in a claim are now subject to the MSP reimbursement requirement. See Larue & Posin, Medicaid, ERISA and Other Medical Liens Against Personal Injury Recoveries, 61 La. B.J. 335 (2004)(noting abrogation of 5th Circuit's ruling in Thompson v. Goetzmann, 337 P.3d 489 (5th Cir. 2003), by the 2003 MSP amendments in the Medicare Prescription Drug Act and the creation of a lien against all parties, including alleged tortfeasors, for reimbursement). Thus, the aim of the 2003 amendments to the MSP, which are retroactive to 1980, is to make Medicare benefits secondary to all potential payers who are responsible fix the medical expenses and preserve Medicare's right to reimbursement from these parties. 42 U.S.C. 1395y(B)(2)(A)(ii),(d); See 42 C.F.R. 411.32(a) ("Medicare benefits are
23
secondary to benefits payable by a third party payer even if the State law or the third party payer states that its benefits are secondary to Medicare benefits or otherwise limits its payments to Medicare beneficiaries."). Preemption of a state law by a federal law occurs when the federal and state law conflict even though Congress says nothing about it. See Burlington N.R.R.Co. v. State of Minnesota, 882 F.2d 1349, 1352 (8th Cir, 1989)(identifying four bases for preemption); Silkwood v. Kerr-McGee Corp., 464 U.S. 238, 248 (1984)(a state law is preempted when it acts as an obstacle to the accomplishment of the full purposes and objectives of Congress."). Here, the MSP, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with its expansive definition of a self-insured plan to include an entity that engages in a business, trade, or profession, preserves Medicare's right to reimbursement when and if medical benefits are paid by another party. 1 Iowa Code Section 147.136, by preventing Medicare from becoming a secondary provider of medical coverage when there are other payers available and by eliminating its right of reimbursement against these other payers, is therefore preempted by Section 1395y because it is in direct conflict with Medicare's goal. See Klinefelter v. Faultersak, 31 F. Supp. 2d 457, 459 - 60 (E.D. Pa. 1998) (state law excluding evidence of medical bills that were payable by other insurance preempted by Section 1395y); See also Smith v. Travelers Indem. Co., 763 F. Supp. 554, 558 (M.D. Fla. 1989)(Section 1395y preempts state collateral insurance statute that attempted to reduce automobile liability insurers' liability by the amount of Medicare payments). Accordingly, Section 147.136, to the extent that it allows alleged tortfeasors, either as an individual or an organization, to become secondary to Medicare, is preempted. A plaintiff is,
Although the Medicare statute does not define "entity," courts routinely rely on the plain meaning of a word to define it in a statute. U.S. v. Auginish, 266 F.3d 781, 784 (8th Cir. 2001). According to its dictionary definition, "entity" can refer to an individual or an organization. Merriam-Webster Unabridged Collegiate Dictionary, 2004. 24
therefore, entitled to claim all health care expenses as damages which have been paid by Medicare.
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Defendant.
: : : : : : : : : : :
LAW NO. LACV19319
PLAINTIFFS PROPOSED JURY INSTRUCTIONS
COME NOW the Plaintiffs, Margaret and John Smith, and hereby request the following jury instructions: 1. Statement of the Case 2. Uniform Instruction No. 100.2: Duties of Judge and Jury, instructions as whole 3. Uniform Instruction No. 100.3: Burden of Proof, Preponderance of the Evidence 4. Uniform Instruction No. 100.4: Evidence 5. Uniform Instruction No. 100.5: Deposition Testimony 6. Uniform Instruction No. 100.9: Credibility of Witnesses 7. Uniform Instruction No. 100.11: Hypothetical Question, Expert Testimony 8. Uniform Instruction No. 100.12: Opinion Evidence, Expert Witness 9. Uniform Instruction No. 100.15: Statements by a Party Opponent 10. Uniform Instruction No. 100.8: Stipulated Testimony 11. Uniform Instruction No. 700.2: Ordinary Care Common Law Negligence Defined 12. Uniform Instruction No. 730.1: Liability of Employer (specially drafted) 13. Uniform Instruction No. 730.2: Scope of Employment
14. Uniform Instruction No. 1600.4: Negligence Duty of Hospital Professional Services 15. Uniform Instruction No. 1600.5: Negligence Duty of Hospital Nonmedical Administrative Ministerial or Routine Care 16. Uniform Instruction No. 700.3: Cause in Fact 17. Uniform Instruction No. 700.3A: Scope of Liability 18. Uniform Instruction No. 1600.1: Essentials for Recovery Loring Hospital (specially drafted) 19. Uniform Instruction No. 200.1: Elements of Recovery Margaret Smith 20. Uniform Instruction No. 200.31: Spousal Consortium John Smith 21. Uniform Instruction No. 200.34: Previous Infirm Condition 22. Uniform Instruction No. 200.37: Mortality Tables Personal Injury 23. Uniform Instruction No. 200.38: Quotient Verdict 24. Uniform Instruction No. 100.18: General Instructions to the Jury 25. Uniform Instruction No. 100.21: General Instruction Juror Notes 26. Instruction related to Verdict Forms Respectfully submitted, /s/Tyler C. Patrick J. Barton Goplerud, AT0002983 Tyler C. Patrick, AT0010268 HUDSON MALLANEY SHINDLER & ANDERSON, P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, Iowa 50265-5749 Telephone: (515) 223-4567 Facsimile: (515) 223-8887 ATTORNEYS FOR PLAINTIFFS
I hereby certify that on June 19, 2013, I electronically filed the foregoing document with the Sac County District Court by using the CM/ECF system. I certify that the following parties or their counsel of record are registered as ECF Filers and that they will be served by the CM/ECF system: John C. Gray HEIDMAN LAW FIRM L.L.P. 1128 Historic Fourth Street P.O. Box 3086 Sioux City, IA 51102 ATTORNEY FOR DEFENDANT
STATEMENT OF THE CASE This is a hospital negligence action. On March 4, 2010, Margaret Smith was found on the floor of her home. After being discovered on the floor of her home, Margaret Smith was taken to the emergency room at Loring Hospital, and was later admitted into the hospital. In the early morning hours of March 5, 2010, while she was an inpatient at Loring Hospital, Margaret Smith fell and suffered injury. Margaret Smith and John Smith allege that Loring Hospital was negligent in failing to recognize that Margaret Smith was at an increased risk for falling and for choosing not to put safe fall protection measures into place to prevent her from falling. Margaret Smith and John Smith further allege that Loring Hospitals negligence was a cause of harm to Margaret Smith, including past medical expense, pain and suffering, and loss of function of her mind and body. As a result, Margaret Smith is seeking compensation from Loring Hospital for those harms. In addition, John Smith claims he has suffered a loss of consortium as a result of the negligence of Loring Hospital. Loring Hospital denies that it was negligent. Further, Loring Hospital denies that any negligence on its part caused harm to Margaret Smith. Do not consider this summary proof of any claim. Instead, decide the facts from the evidence and apply the law which I will give to you now.
INSTRUCTION NO.____ My duty is to tell you what the law is. Your duty is to accept and apply this law. You must consider all of the instructions together because no one instruction includes all of the applicable law. The order in which I give these instructions is not important. Your duty is to decide all fact questions. Do not be influenced by any personal likes or dislikes, sympathy, bias, prejudices or emotions.
INSTRUCTION NO.____
Whenever a party must prove something they must do so by the preponderance of the evidence. Preponderance of the evidence is evidence that is more convincing than opposing evidence. Preponderance of the evidence does not depend upon the number of witnesses testifying on one side or the other.
INSTRUCTION NO.____
You shall base your verdict only upon the evidence and these instructions. Evidence is: 1. Testimony in person or by deposition. 2. Exhibits received by the court. 3. Stipulations which are agreements between the attorneys. 4. Any other matter admitted (e.g. answers to interrogatories, matters which judicial notice was taken, and etc.). Evidence may be direct or circumstantial. The weight to be given any evidence is for you to decide. Sometimes, during a trial, references are made to pre-trial statements and reports, witnesses' depositions, or other miscellaneous items. Only those things formally offered and received by the court are available to you during your deliberations. Documents or items read from or referred to which were not offered and received into evidence, are not available to you.
The following are not evidence: 1. Statements, arguments, questions and comments by the lawyers. 2. Objections and rulings on objections. 3. Any testimony I told you to disregard. 4. Anything you saw or heard about this case outside the courtroom.
INSTRUCTION NO.____
Certain Testimony has been read into evidence from a deposition. A deposition is testimony taken under oath before the trial and preserved in writing. Consider that testimony as if it had been given in court.
INSTRUCTION NO.____
You will decide the facts from the evidence. Consider the evidence using your observations, common sense and experience. You must try to reconcile any conflicts in the evidence; but, if you cannot, you will accept the evidence you find more believable. In determining the facts, you may have to decide what testimony you believe. You may believe all, part or none of any witnesses' testimony. There are many factors which you may consider in deciding what testimony to believe, for example: 1. Whether the testimony is reasonable and consistent with other evidence you believe; 2. The witnesses' appearance, conduct, age, intelligence, memory and knowledge of the facts; and, 3. The witnesses' interest in the trial, their motive, candor, bias and prejudice.
INSTRUCTION NO.____
An expert witness was asked to assume certain facts were true and to give an opinion based on that assumption. This is called a hypothetical question. If any fact assumed in the question has not been proved by the evidence, you should decide if that omission affects the value of the opinion.
10
INSTRUCTION NO.____
You have heard testimony from persons described as experts. Persons who have become experts in a field because of their education and experience may give their opinion on matters in that field and the reasons for their opinion. Consider expert testimony just like any other testimony. You may accept it or reject it. You may give it as much weight as you think it deserves, considering the witness' education and experience, the reasons given for the opinion, and all the other evidence in the case.
11
INSTRUCTION NO.____
You have heard evidence claiming a witness made statements before this trial while under oath and while not under oath. If you find such a statement was made, you may regard the statement as evidence in this case the same as if the witness had made it under oath during the trial. If you find such a statement was made and was inconsistent with the witnesses testimony during the trial you may also use the statement as a basis for disregarding all or any part of the witnesses testimony during the trial but you are not required to do so. You should not disregard witnesses testimony during the trial if other credible evidence supports it or if you believe it for any other reason.
12
INSTRUCTION NO.____
Counsel has stipulated that if Dr. Daniel Kensinger were called as a witness he would testify as stipulated. Consider stipulated testimony as if it had been given in court.
13
INSTRUCTION NO.____
"Negligence" means failure to use ordinary care. In this case, ordinary care is the care which a reasonably careful hospital would use under similar circumstances. "Negligence" is doing something a reasonably careful hospital would not do under similar circumstances, or failing to do something a reasonably careful hospital would do under similar circumstances.
14
INSTRUCTION NO.____ Loring Hospital is liable for the negligent acts and omissions of its nurses and hospital staff if the acts and omissions are done in the scope of the employment.
15
INSTRUCTION NO.____ For an act to be within the scope of a nurses or other hospital staffs employment, the act must be necessary to accomplish the purpose of the employment, and it must be intended to accomplish that purpose.
16
INSTRUCTION NO.____
A hospital must use the degree of skill, care and learning ordinarily possessed and exercised by other hospitals in similar circumstances. A violation of this duty is negligence.
17
INSTRUCTION NO.____
A hospital must use the degree of ordinary care and attention that the known mental and physical condition of a patient requires. A violation of this duty is negligence.
18
INSTRUCTION NO.____
The conduct of a party is a cause of damage when the damage would not have happened except for the conduct.
19
INSTRUCTION NO.____
You must decide whether the claimed harm to Margaret Smith is within the scope of Loring Hospitals liability. Margaret Smiths claimed harm is within the scope of a Loring Hospitals liability if that harm arises from the same general types of danger that Loring Hospital should have taken reasonable steps to avoid. Consider whether repetition of Loring Hospitals conduct makes it more likely harm of the type Margaret Smith claims to have suffered would happen to another. If not, the harm is not within the scope of liability.
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INSTRUCTION NO.____
Margaret Smith must prove all of the following propositions: 1. Loring Hospital, through the actions of its nurses and staff, was negligent in one or more of the following ways: a. In failing to recognize Margaret Smith was at an increased risk for falling; and/or b. In choosing not to put safe fall protection measures into place to prevent Margaret Smith from falling; 2. The negligence was a cause of damage to the Margaret Smith. 3. The amount of damage. If Margaret Smith has failed to prove any of these propositions, Margaret Smith is not entitled to damages. If Margaret Smith has proved all of these propositions, Margaret Smith is entitled to damages in some amount.
21
INSTRUCTION NO.____
If you find Margaret Smith is entitled to recover damages, it is your duty to determine the amount. In doing so you shall consider the following items:
1.
The reasonable value of necessary hospital charges, doctor charges and prescriptions from the date of injury to the present time.
2.
Loss of function of the mind and body from the date of injury to the present time.
3.
The present value of future loss of function of the mind and body.
4.
Physical and mental pain and suffering from the date of injury to the present time. Physical pain and suffering may include, but is not limited to, unpleasant feelings, bodily distress or uneasiness, bodily suffering, sensations or discomfort. Mental pain and suffering may include, but is not limited to, mental anguish, nervousness, worry, anxiety, irritability, disappointment, depression, confusion, disorientation, apprehension, embarrassment, loss of enjoyment of life, a feeling of uselessness or emotional distress. The present value of future physical and mental pain and suffering. Physical and mental pain and suffering have already been explained to you in this Instruction.
5.
Future damages must be reduced to present value. "Present value" is a sum of money paid now in advance which, together with interest earned at a reasonable rate of return, will compensate the Margaret Smith for future losses. The amount you assess for physical and mental pain and suffering in the past and future, and loss of function of the mind and body in the past and future, cannot be measured by any exact or mathematical standard. You must use your sound judgment based upon an impartial consideration of the evidence. Your judgment must not be exercised arbitrarily, or out of sympathy or prejudice, for or against the parties. The amount you assess for any item of damage must not exceed the amount caused by the defendant as proved by the evidence. A party cannot recover duplicate damages. Do not allow amounts awarded under one item of damage to be included in any amount awarded under another item of damage. Similarly, damages awarded to one party shall not be included in any amount awarded to another party. Add together the amounts, if any, you find for each of the above items and the total will be used to answer the special verdicts.
22
INSTRUCTION NO.____
John Smith has made a claim for loss of parental consortium. Loss of parental consortium is the present value of the services which Margaret Smith would have performed for her son, John Smith, but for her injury. "Parental consortium" is the relationship between parent and child and the right of the child to the benefits of companionship, comfort, guidance, affection and aid of the parent in every parental relationship, general usefulness, industry and attention within the family. It does not include the loss of financial support from the injured parent, nor mental anguish caused by the parent's death. A child is not entitled to damages for loss of parental consortium unless the parent's injury has caused a significant disruption or diminution of the parent-child relationship. Damages for loss of parental consortium are limited in time to the shorter of the child's or parents normal life expectancy.
23
INSTRUCTION NO.____
If Margaret Smith had health conditions making her more susceptible to injury than a person in normal health, then Loring Hospital is responsible for all injuries and damages which are experienced by Margaret Smith that are caused by Loring Hospitals actions, even though the injuries claimed produce a greater injury than those which might have been experienced by a normal person under the same circumstances.
24
INSTRUCTION NO.____
A Standard Mortality Table indicates the normal life expectancy of people who are the same age as Margaret Smith is 3.18 years. The statistics from a Standard Mortality Table are not conclusive. You may use this information, together with all the other evidence, about Margaret Smith's health, habits, occupation, and lifestyle, when deciding issues of future damages.
25
INSTRUCTION NO.____
In arriving at an item of damage you cannot arrive at a figure by taking down the estimate of each juror as to an item of damage, and agreeing in advance that the average of those estimates shall be your item of damage.
26
INSTRUCTION NO.____
Upon retiring you shall select a foreman or forewoman. It will be his or her duty to see discussion is carried on in an orderly fashion, the issues are fully and freely discussed, and each juror is given an opportunity to express his or her views. Your attitude at the beginning of your deliberations is important. It is not a good idea for you to take a position before thoroughly discussing the case with the other jurors. If you do this, individual pride may become involved and you may later hesitate to change an announced position even if shown it may be incorrect. Remember you are not partisans or advocates, but are judges - judges of the facts. Your sole interest is to find the truth and do justice.
27
INSTRUCTION NO.____
During the trial, you have been allowed to take notes. You may take these with you to the jury room to use in your deliberations. Remember, these are notes and not evidence. Generally, they reflect the recollection or impressions of the evidence as viewed by the person taking them, and may be inaccurate or incomplete. Upon reaching a verdict, leave the notes in the jury room and they will be destroyed.
28
INSTRUCTION NO.____
I am giving you a special verdict form. If you all agree to the answers to the questions, the verdict will be signed by the person you selected to serve as foreman or forewoman. When you have agreed upon a verdict and appropriately signed it, inform the Court Attendant.
Dated this _____ day of _________________, 2013.
_________________________________________ Judge of the 5th Judicial District of Iowa
29
Defendant.
: : : : : : : : : : :
LAW NO. LACV19319
VERDICT FORM
COMES NOW the Jury, and returns the following verdict on the Questions submitted:
Question No. 1: Was defendant Loring Hospital negligent? Answer yes or no. Answer:
[If your answer is yes, go on to Question 2.]
Question No. 2: Was the negligence of Loring Hospital a cause of any item of harm to the plaintiff? Answer "yes" or "no." Answer:
[If your answer is yes, go on to Question 3.]
30
Question No. 3: Was the harm suffered by Margaret Smith within the scope of liability created by Loring Hospitals negligence? Answer yes or no Answer:
[If you answered yes, go on to Question No. 4.]
Question No. 4: State the amount of harm sustained by the Margaret Smith caused by Loring Hospitals negligence as to each of the following items of harm. If Margaret Smith has failed to prove any item of harm, or has failed to prove that any item of harm was caused by Loring Hospitals negligence, enter 0 for that item.
1.
Past medical expenses
$___________________
2.
Past loss of function of body and mind.
$___________________
3.
Future loss of function of body and mind
$___________________
4.
Past physical and Mental Pain and Suffering
$___________________
5.
Future physical and Mental pain and Suffering $___________________
TOTAL (add the separate items of damage)
$___________________
31
___________________________ FOREMAN OR FOREWOMAN*
*To be signed only if verdict is unanimous
_______________________________ Juror** _______________________________ Juror** _______________________________ Juror** _______________________________ Juror**
_______________________________ Juror** _______________________________ Juror** _______________________________ Juror**
**To be signed by the jurors agreeing thereto after six or more hours of deliberation.
32
Defendant.
: : : : : : : : : : :
LAW NO. LACV19319
PLAINTIFFS WITNESS AND EXHIBIT LIST
COME NOW the Plaintiffs, Margaret and John Smith, and for their Witness and Exhibit List state as follows: WITNESS LIST 1. 2. 3. 4. 5. 6. 7. 8. Margaret Smith (by deposition); John Smith; Connie Smith; Timothy Galbraith, RN; Dr. Daniel Kensinger, M.D. (by stipulation); Lynn OBrien, RN, BSN; Any witness called or disclosed in discovery by Defendant; Plaintiff reserves the right to call any witnesses for the purposes of: a. Rebutting any of the testimony or exhibits introduced or used by the Defendants; b. Laying foundation; and
c.
Impeaching the testimony of any of the witnesses called by the Defendant. EXHIBIT LIST
1.
Medical Records of Margaret Smith, Loring Hospital March 5th through March
24, 2010 2. 2010 3. 2010 4. 2010. 5. Medical Records for Margaret Smith Mercy Medical Center Sioux City March Medical Bills for Margaret Smith, CNOS March 5th through September 20, Medical Records for Margaret Smith, CNOS March 5th through September 20, Medical Bills of Margaret Smith, Loring Hospital March 5th through March 24,
5th through March 27, 2010; 6. Medical Bills for Margaret Smith, Mercy Medical Center Sioux City March 5,
through March 27, 2010; 7. Medical Records for Margaret Smith, Blackhawk Life Care Center March 25th
through July 25, 2010; 8. Medical Bills for Margaret Smith, Blackhawk Life Care Center March 25th
through July 25, 2010; 9. Medical Records for Margaret Smith, TriMark Physicians Group March 12th
through March 12, 2012 10. 11. Loring Hospital Fall Prevention Guidelines; C.V. Lynn OBrien;
12. 13.
MSPRC Conditional Payments Summary; Plaintiff reserves the right to introduce any of the following exhibits: a. Any exhibit necessary to respond to unanticipated evidence offered by the Defendant. b. Any exhibits or documents referred to by Plaintiff and Defendant as part of any answer to interrogatory, request for production of documents or deposition. c. Any summary document or exhibit used as necessary and appropriate pursuant to the Iowa Rules of Evidence. d. Summary exhibits pursuant to the Iowa Rules of Evidence
Respectfully submitted, /s/Tyler C. Patrick J. Barton Goplerud, AT0002983 Tyler C. Patrick, AT0010268 HUDSON MALLANEY SHINDLER & ANDERSON, P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, Iowa 50265-5749 Telephone: (515) 223-4567 Facsimile: (515) 223-8887 ATTORNEYS FOR PLAINTIFFS I hereby certify that on June 19, 2013, I electronically filed the foregoing document with the Sac County District Court by using the CM/ECF system. I certify that the following parties or their counsel of record are registered as ECF Filers and that they will be served by the CM/ECF system: John C. Gray HEIDMAN LAW FIRM L.L.P. 1128 Historic Fourth Street P.O. Box 3086 Sioux City, IA 51102 ATTORNEY FOR DEFENDANT
Defendant.
: : : : : : : : : : :
LAW NO. LACV19319
PLAINTIFFS MOTION IN LIMINE
COMES NOW the Plaintiffs, and hereby move the Court for an Order preventing the Defendant and its counsel from mentioning to the jury at any stage of the proceedings, including voir dire, opening statements, closing argument, and eliciting or attempting to elicit any evidence by the use of leading or suggestive questions to any witness, any reference or any statement or evidence on the following subjects: DIVISION I: Comparative Fault Any claim or evidence of comparative fault on the part of Plaintiff, Margaret Smith, should be excluded. The Iowa Supreme Court has recently addressed the issue of comparative fault in medical negligence cases. See Wolbers v. Finley Hospital, 673 N.W.2d 728, 731-33 (Iowa 2003) and DesMoss v. Hamilton, 644 N.W.2d 302, 305 (Iowa 2002). Based on those cases, it is clear that there is no legitimate defense of comparative fault in this case and that Defendant should be prevented from arguing or implying that the actions of Plaintiff, Margaret Smith, in any way contributed to her injuries.
DIVISION II: Medical Literature The Defendant has designated an expert in this case. A written Rule 1.508 Summary has been provided by defense counsel to Plaintiffs counsel. In those summaries, no medical literature has been specifically identified in this case. Furthermore, Defendants designated expert, Barb Braafhart, stated in her deposition that she does not rely upon medical literature in support of her opinion, but rather her experience as a nurse. As such, it is too late to insert such literature into the case on the eve of trial. Pursuant to this Division of Plaintiffs Motion in Limine, Plaintiffs are seeking to have this court order that there shall be no reference to peer reviewed medical literature other than that which has been disclosed prior to trial of this matter. To allow any late reference to such literature would be prejudicial to the Plaintiffs and would not allow Plaintiffs counsel sufficient time to review said literature, cross check the existence of contrary literature, and effectively cross examine Defendants expert on those issues.
DIVISION III: Any Use of the Word Lottery or Similar Words to Suggest that John Smith Seeks to Profit from his Mothers Injury In recent trials, Plaintiffs counsel has had defense counsel in jury selection and/or final attempt to equate the filing of a lawsuit with the lottery. For obvious reasons, any such reference should not occur in a court of law and the Plaintiffs would request an Order from this Court preventing any such reference. See Conn v. Alfstad, 2011 WL 1566005 *1 (Iowa App. 2011) (granting new trial to Plaintiffs for inappropriate statements made by defense counsel in closing argument insinuating that father was seeking to profit from daughters dog bite injury). Such words and/or suggestions are used solely for the calculated purpose of inflaming the passions and prejudices of the jury, and bear no relevance to the case at hand. Id. As such, they should be
excluded.
Respectfully submitted, /s/Tyler C. Patrick J. Barton Goplerud, AT0002983 Tyler C. Patrick, AT0010268 HUDSON MALLANEY SHINDLER & ANDERSON, P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, Iowa 50265-5749 Telephone: (515) 223-4567 Facsimile: (515) 223-8887 ATTORNEYS FOR PLAINTIFFS I hereby certify that on June 19, 2013, I electronically filed the foregoing document with the Sac County District Court by using the CM/ECF system. I certify that the following parties or their counsel of record are registered as ECF Filers and that they will be served by the CM/ECF system: John C. Gray HEIDMAN LAW FIRM L.L.P. 1128 Historic Fourth Street P.O. Box 3086 Sioux City, IA 51102 ATTORNEY FOR DEFENDANT
Defendant.
: : : : : : : : : : :
LAW NO. LACV19319
RESISTANCE TO DEFENDANT LORING HOSPITALS MOTION IN LIMINE PARTS 4, 11 & 13
COMES NOW the Plaintiffs, and for their Resistance to Defendant Loring Hospitals Motion in Limine parts 4, 11 and 13 state as follows: Plaintiffs offer no resistance to Defendants Motion in Limine, parts 1-3; 5-10; and 12. Resistance to Motion in Limine Part 4 In its motion in limine, part 4, Loring Hospital argues that Plaintiffs should be prevented from eliciting testimony regarding the standard of care of the hospital and its staff by anyone other than Plaintiffs expert. Plaintiffs resist. During the course of discovery, counsel for Plaintiffs took the deposition of Tim Galbraith, a nurse that was on duty at the time of Margaret Smiths fall at Loring Hospital. Surely, Plaintiffs counsel should be permitted to question Mr. Galbraith on the standard of care of the hospital and its staff, as he was an employee of the Loring Hospital, and his treatment of Margaret Smith the morning she was injured bears directly on the issue of whether Loring Hospital complied with the standard of care. Indeed, Mr. Galbraiths own actions in assessing Margaret Smith as a level one fall risk go to the heart of this hospital malpractice case. Resistance to Motion in Limine Part 11 In its motion in limine, part 11, Loring Hospital argues that Plaintiffs should be prevented from eliciting testimony from John Smith that he saw a bed alarm at the Sioux City hospital and therefore Loring Hospital should have bed alarms. Plaintiffs resist. The central issue in this malpractice case is
whether Loring Hospital failed to adequately assess Margaret Smiths level of fall risk, and whether appropriate fall protection measures were put into place to prevent her from falling. Both Plaintiffs and Defendants experts have opined on the appropriateness of bed alarms in the context of Margaret Smiths care the morning she fell at Loring Hospital. Plaintiffs anticipate that testimony may be elicited from Defendants witnesses that suggests that bed alarms are not often or widely used in the context of fall protection, or alternatively, that they do not really work to prevent falls. To be sure, Defendants expert Barb Braafhart suggested in her deposition that even if a bed alarm had been used, it likely would not have prevented Margaret Smiths fall. John Smith should be able to testify as to his personal observations at the Sioux City hospital, as it goes to the fact that those sorts of devices are widely available and used by other hospitals to prevent patient falls, and bears on the issue of Loring Hospitals decision not to use one for Margaret Smith when it had them available for her safety. In other words, such testimony is relevant because, if other hospitals are using bed alarms, they are clearly seen as an essential component of patient safety and care. Resistance to Motion in Limine Part 13 In its motion in limine, Defendant argues that Plaintiffs should be restricted from putting on evidence of any claim that Margaret Smith now lives in a nursing home because of the fall at Loring Hospital. Plaintiffs resist. John Smith testified in his deposition that his mothers condition deteriorated rapidly after her fall at Loring Hospital, and the major surgery that followed. It is John Smiths belief, based upon his personal observations of his mothers deterioration after the fall, that his mother was never the same after this traumatic event, and that it hastened her admittance into the nursing home. John Smith should be permitted to testify as to his observations of his mothers deterioration following her fall at Loring Hospital, and his opinion that the fall directly contributed to her expedited need for nursing home care. See Sonnek v. Warren, 522 N.W.2d 45, 51 (Iowa 1994) (lay opinion testimony is admissible if it is: (a) rationally based on the witnesss perception; and (b) helpful to a clear understanding of the witnesss testimony or the determination of a fact issue.). John Smith took care of his mother, Margaret Smith, before and after her fall at Loring Hospital, and as such, his testimony as to her physical condition is
2
rationally based upon his perception. Furthermore, such testimony is relevant on the issue of Margaret Smiths claim of loss of full mind and body, which is a central issue in this case. WHEREFORE, for those reasons set forth above, Plaintiffs respectfully resist Defendants motion in limine parts 4, 11 and 13.
Respectfully submitted, /s/Tyler C. Patrick J. Barton Goplerud, AT0002983 Tyler C. Patrick, AT0010268 HUDSON MALLANEY SHINDLER & ANDERSON, P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, Iowa 50265-5749 Telephone: (515) 223-4567 Facsimile: (515) 223-8887 ATTORNEYS FOR PLAINTIFFS
I hereby certify that on June 20, 2013, I electronically filed the foregoing document with the Sac County District Court by using the CM/ECF system. I certify that the following parties or their counsel of record are registered as ECF Filers and that they will be served by the CM/ECF system: John C. Gray HEIDMAN LAW FIRM L.L.P. 1128 Historic Fourth Street P.O. Box 3086 Sioux City, IA 51102 ATTORNEY FOR DEFENDANT
Notice Id: 2CA101
MARGARET SMITH JOHN W SMITH ,
Case No: 02811 LACV019319 Trial Notice
Plaintiff / Petitioner, vs. LORING HOSPITAL, Defendant / Respondent.
The above entitled matter is hereby scheduled for jury trial on 09/25/13 at 09:00 AM .
Docket Code = OSTR
Recipient List Case ID : 02811 LACV019319 - MARGARET SMITH & JOHN SMITH VS LORING HOSPITAL E-FILED 2013 JUN 21 2:34 PM SAC - CLERK OF DISTRICT COURT Event Cd : OSTR JOHN CALHOON GRAY TYLER CLARK PATRICK JOHN B GOPLERUD filed filed filed
Notice Id: 2CA101
MARGARET SMITH JOHN W SMITH ,
Case No: 02811 LACV019319 Trial Notice
Plaintiff / Petitioner, vs. LORING HOSPITAL, Defendant / Respondent.
The above entitled matter is hereby scheduled for jury trial on 09/25/13 at 09:00 AM .
Docket Code = OSTR
Recipient List Case ID : 02811 LACV019319 - MARGARET SMITH & JOHN SMITH VS LORING HOSPITAL E-FILED 2013 JUN 21 2:34 PM SAC - CLERK OF DISTRICT COURT Event Cd : OSTR JOHN CALHOON GRAY TYLER CLARK PATRICK JOHN B GOPLERUD filed filed filed
MARGARET SMITH JOHN W SMITH PLAINTIFF/PETITIONER VS. LORING HOSPITAL DEFENDANT/RESPONDENT CASE NO. 02811 LACV019319 1.944 DISMISSAL NOTICE
Petition Filed: 01/10/12 Dismissal Date: 01/01/2014 Date of Notice: 07/26/2013 Pursuant to the provisions of Rule of Civil Procedure 1.944, this case shall be tried or shall be subject to dismissal on the above date unless an order is entered as provided by said rule. * *Rule 1.944 does not apply to cases (a) pending on appeal from a court of record to a higher court or under order of submissions to the court, (b) in which proceedings subsequent to judgment or decree are pending, (c) which have been stayed pursuant to the Servicemembers Civil Relief Act, (d) where a party is paying a claim pursuant to written stipulation on file or court order, and (e) awaiting the action of a referee, master, or other court-appointed officer, provided, however, that a finding as to (a) through (e) is made and entered of record. Post December 31 trial or trial-setting conference dates will not serve to avoid dismissal.
/s/ DONNA GEERY CLERK OF DISTRICT COURT SAC COUNTY IOWA
Recipient List Case ID : 02811 LACV019319 - MARGARET SMITH & JOHN SMITH VS LORING HOSPITAL E-FILED 2013 JUL 26 9:58 AM SAC - CLERK OF DISTRICT COURT Event Cd : NONO LORING HOSPITAL filed
Defendant.
: : : : : : : : : : :
LAW NO. LACV19319
PLAINTIFFS MOTION EXEMPTING DISMISSAL PURSUANT TO IOWA RULE OF CIVIL PROCEDURE
COMES NOW the Plaintiff, Margaret Smith and John Smith, and in support of their Motion Exempting Dismissal Pursuant to Rule 1.944, states to the Court as follows: 1. That Plaintiff filed her petition on January 10, 2012. 2. That this matter was originally set for jury trial on June 26, 2013. 3. That Plaintiff was prepared to try this matter on the original trial date. 4. That on June 21, 2013, the Court was required to continue the trial because there was not a judge available. 5. That the new trial date in this matter is September 25, 2013. 6. That pursuant to the rule 1.944 Dismissal Notice, this case must be tried by January 1, 2014 unless an Order is entered by this Court setting the trial for a later date. WHEREFORE, Plaintiffs respectfully request the Court enter an Order Exempting Dismissal Pursuant to Rule 1.944. In addition, Plaintiffs request that the Court order that the Clerk of Court hereby rescind its proposed Dismissal of this case pursuant to Iowa Rule of Civil Procedure 1.944, and for such other relief as the Court deems just in the premises.
Respectfully submitted,
/s/Tyler C. Patrick J. Barton Goplerud, AT 0002983 Tyler C. Patrick, AT0010268 Hudson, Mallaney, Shindler & Anderson, P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, IA 50265 Telephone: (515) 223-4567 Facsimile: (515) 223-8887 Email: jbgoplerud@hudsonlaw.net tpatrick@hudsonlaw.net ATTORNEYS FOR THE PLAINTIFFS I hereby certify that on August 6, 2013, I electronically filed the foregoing document with the Sac County District Court by using the CM/ECF system. I certify that the following parties or their counsel of record are registered as ECF Filers and that they will be served by the CM/ECF system: John C. Gray HEIDMAN LAW FIRM L.L.P. 1128 Historic Fourth Street P.O. Box 3086 Sioux City, IA 51102 ATTORNEY FOR DEFENDANT
Defendant.
: : : : : : : : : : :
LAW NO. LACV19319
ORDER EXEMPTING DISMISSAL PURSUANT TO RULE 1.944
NOW on this 20th day of August, 2013 the above-captioned matter comes before the Court after receipt of the notice from the Sac County Clerk of Court granting potential Dismissal of this matter pursuant to Iowa Rule of Civil Procedure 1.944. The Court hereby grants that this case shall be exempt from Rule 1.944 Dismissal for good cause. _________________________________________ JUDGE, SECOND JUDICIAL DISTRICT OF IOWA Original filed. Copy to: Tyler C. Patrick J. Barton Goplerud 5015 Grand Ridge Drive, Ste. 100 West Des Moines, IA 50265 ATTORNEY FOR PLAINTIFFS John C. Gray HEIDMAN LAW FIRM L.L.P. 1128 Historic Fourth Street P.O. Box 3086 Sioux City, IA 51102 ATTORNEY FOR DEFENDANT
State of Iowa Courts Type: Case Number LACV019319 ORDER EXEMPTING FROM 1.944 DISMISSAL Case Title MARGARET SMITH & JOHN SMITH VS LORING HOSPITAL So Ordered
page 2 of 2
IN THE IOWA DISTRICT COURT FOR SAC COUNTY ______________________________ ) MARGARET SMITH and JOHN SMITH,) ) Plaintiffs, ) No. LACV19319 ) vs. ) ) LORING HOSPITAL, ) ORDER ) Defendant. ) ______________________________) The above action comes before the Court for review on the 29th day of August, 2013. The case is scheduled for trial on September 25, 2013. Having reviewed the court file, the Court finds that a Final Pretrial Conference should be held as hereinafter provided. ORDER IT IS ORDERED that a Final Pretrial Conference in the above proceeding will be held on Friday, September 20, 2013, at 2:00 p.m. in chambers at the Sac County Courthouse, Sac City, Iowa. IT IS FURTHER ORDERED: 1. That all trial exhibits shall be marked for identification at the pretrial conference; 2. That the parties, or their duly authorized representatives, shall personally appear at the pretrial
conference, or be immediately available by telephone, for the purpose of discussing settlement possibilities. Plaintiff shall submit a settlement demand to defense counsel at least five (5) days prior to the pretrial conference. 3. That the parties shall prepare, sign, and submit a joint, written Final Pretrial Stipulation Report at the pretrial conference as to each of the following items: (a) A statement of all stipulations to avoid unnecessary proof; (b) A list of proposed exhibits for each party, with a specification of any objections to same by opposing counsel; (c) A short, concise statement of known or anticipated evidentiary disputes; (d) A short, concise statement of legal issues, particularly those which may be unusual and require research; (e) A statement of any other matters which may aid, expedite or simplify the trial; and (f) A witness list.
4. That the parties shall submit and file all Motions in Limine, and Requested Jury Instructions, prior to the pretrial. The Final Pretrial Conference shall be governed
by the provisions of RCP 1.602. appear.
Counsel shall personally
Failure to comply with this Order will result in
the imposition of sanctions.
State of Iowa Courts Type: Case Number LACV019319 OTHER ORDER Case Title MARGARET SMITH & JOHN SMITH VS LORING HOSPITAL So Ordered
page 4 of 4
Date:
09/19/2013 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
Margaret Smith and John Smith Plaintiff No. lacv019319 vs.
Loring Hospital Defendant MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE OF TRIAL OR PROCEEDING COMES NOW the undersigned person, who states as follows: 1. Certain representatives of the news media want to use photographic equipment (__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding. 2. This filing is for all pre-trial motions, plea-taking, trial and sentencing. 3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods. 4. This notice of request(s) for expanded media coverage is filed at least 14 days in advance of the proceedings for which expanded media coverage is being requested or grounds for shorter notice are set out in an attached statement. 5. I sent a copy of this notice by ordinary mail directed to the last known address of all counsel of record, parties appearing without counsel, the district court administrator for this judicial district, and the judicial officer expected to preside at the trial or proceedings for which expanded media coverage has been requested, as follows:
ATTORNEYS: PROSECUTOR: J. Barton Goplerud 5015 Grand Ridge Dr. #100 West Des Moines, IA 50265 DEFENSE: John C. Gray 1128 4th St. Sioux City, IA 51102 PARTIES APPEARING WITHOUT COUNSEL: DISTRICT COURT ADMINISTRATOR: Scott Hand PRESIDING JUDGE: CLERK OF COURT: Sac County, Iowa WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid. Signature__/s/ Jesse Helling_______________________ Date_9/19/13_______________________ Jesse Helling Media Coordinator, Region 4 Third Judicial District of Iowa Address: Fort Dodge Messenger 713 Central Ave. Fort Dodge, IA 50501 Phone: (800)622-6613 Fax: (515)574-4529
Date:
09/19/2013 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
Margaret Smith and John Smith Plaintiff No. lacv019319 vs.
Loring Hospital Defendant MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE OF TRIAL OR PROCEEDING COMES NOW the undersigned person, who states as follows: 1. Certain representatives of the news media want to use photographic equipment (__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding. 2. This filing is for all pre-trial motions, plea-taking, trial and sentencing. 3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods. 4. This notice of request(s) for expanded media coverage is filed at least 14 days in advance of the proceedings for which expanded media coverage is being requested or grounds for shorter notice are set out in an attached statement. 5. I sent a copy of this notice by ordinary mail directed to the last known address of all counsel of record, parties appearing without counsel, the district court administrator for this judicial district, and the judicial officer expected to preside at the trial or proceedings for which expanded media coverage has been requested, as follows:
ATTORNEYS: PROSECUTOR: J. Barton Goplerud 5015 Grand Ridge Dr. #100 West Des Moines, IA 50265 DEFENSE: John C. Gray 1128 4th St. Sioux City, IA 51102 PARTIES APPEARING WITHOUT COUNSEL: DISTRICT COURT ADMINISTRATOR: Scott Hand PRESIDING JUDGE: CLERK OF COURT: Sac County, Iowa WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid. Signature__/s/ Jesse Helling_______________________ Date_9/19/13_______________________ Jesse Helling Media Coordinator, Region 4 Third Judicial District of Iowa Address: Fort Dodge Messenger 713 Central Ave. Fort Dodge, IA 50501 Phone: (800)622-6613 Fax: (515)574-4529
IN THE IOWA DISTRICT COURT FOR SAC COUNTY ______________________________ ) MARGARET SMITH and JOHN SMITH ) ) Plaintiffs, ) No. LACV019319 ) vs. ) ) LORING HOSPITAL, ) ORDER ) Defendant. ) ______________________________) The Media Coordinator has filed a Request for Expanded Media Coverage. ORDER IT IS ORDERED that the aforesaid Request is GRANTED. Media coverage is limited to one still camera or one video camera, with one operator. If either party objects to the Request, they should file a document so indicating on or before September 24, 2013.
Clerk to furnish copies to: Tyler Patrick John Gray Media Coordinator
State of Iowa Courts Type: Case Number LACV019319 OTHER ORDER Case Title MARGARET SMITH & JOHN SMITH VS LORING HOSPITAL So Ordered
page 2 of 2
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MARGARET SMITH and JOHN SMITH, Plaintiffs, vs. LORING HOSPITAL, Defendant. PRELIMINARY INSTRUCTION NO. 1 Members o f t h e j u r y , b e f o r e t h e l a w y e r s make t h e i r opening PRELIMINARY INSTRUCTIONS No. LACV019319 ^ co
s t a t e m e n t s , t h e c o u r t g i v e s you t h e s e p r e l i m i n a r y i n s t r u c t i o n s t o h e l p you b e t t e r understand what w i l l be p r e s e n t e d b e f o r e you and how you s h o u l d conduct y o u r s e l f d u r i n g t h e t r i a l . You a r e
t o c o n s i d e r these i n s t r u c t i o n s , t o g e t h e r w i t h any i n s t r u c t i o n s g i v e n t o you d u r i n g t h e t r i a l and w i t h i n s t r u c t i o n s g i v e n t o you at t h e end o f the case, and a p p l y them as a whole t o t h e f a c t s o f t h e case. I n c o n s i d e r i n g these i n s t r u c t i o n s , you w i l l a t t a c h
no importance o r s i g n i f i c a n c e whatsoever t o t h e o r d e r i n which they are given.
PRELIMINARY INSTRUCTION NO. 2 This i s a c i v i l case i n which t h e P l a i n t i f f s , John
Smith and h i s mother, Margaret Smith, c l a i m t h a t Margaret Smith's f a l l a t L o r i n g H o s p i t a l on March 5, 2010, was t h e r e s u l t of n e g l i g e n c e o f L o r i n g H o s p i t a l . P l a i n t i f f , Margaret Smith,
a l l e g e s she has s u s t a i n e d i n j u r y and s u f f e r e d damages as a r e s u l t of the a l l e g e d negligence of Loring H o s p i t a l . Plaintiff,
John Smith, c l a i m s t h a t he has s u f f e r e d a l o s s o f c o n s o r t i u m because o f t h e a l l e g e d n e g l i g e n c e o f L o r i n g H o s p i t a l . Defendant, L o r i n g H o s p i t a l , d e n i e s t h a t i t was n e g l i g e n t , t h a t i t s n e g l i g e n c e was t h e cause o f Margaret Smith's fall, and t h a t i s was t h e cause o f any damages t o t h e
Plaintiffs. Do not c o n s i d e r t h i s summary as p r o o f o f any c l a i m .
Decide t h e f a c t s from t h e e v i d e n c e and a p p l y t h e law which I w i l l now g i v e you.
PRELIMINARY INSTRUCTION NO. 3 The t r i a l w i l l proceed i n t h e f o l l o w i n g o r d e r : After plaintiffs' I conclude these p r e l i m i n a r y i n s t r u c t i o n s , t h e l a w y e r s may make an opening statement. Next, t h e An
l a w y e r s f o r t h e defendants may make an opening statement.
opening statement i s not evidence but i s s i m p l y a summary o f what t h e l a w y e r s expect t h e evidence t o be. The p l a i n t i f f s w i l l then p r e s e n t e v i d e n c e and c o u n s e l f o r t h e d e f e n d a n t s may cross-examine. Following the p l a i n t i f f s '
c a s e , t h e defendants may p r e s e n t evidence and p l a i n t i f f s ' c o u n s e l may cross-examine. F o l l o w i n g t h e d e f e n d a n t s ' case, t h e
p l a i n t i f f s may p r e s e n t f u r t h e r e v i d e n c e , c a l l e d " r e b u t t a l " e v i d e n c e , t o c h a l l e n g e t h e defendants' e v i d e n c e . A f t e r t h e p a r t i e s have p r e s e n t e d t h e i r cases and t h e plaintiffs have p r e s e n t e d any r e b u t t a l e v i d e n c e , I w i l l further
i n s t r u c t you on t h e law t h a t you a r e t o a p p l y i n r e a c h i n g your verdict. A f t e r p r e s e n t a t i o n o f t h e evidence i s completed and I have further i n s t r u c t e d you on t h e law, t h e l a w y e r s w i l l make t h e i r
c l o s i n g arguments t o summarize and i n t e r p r e t t h e e v i d e n c e f o r you. As w i t h opening s t a t e m e n t s , c l o s i n g arguments a r e not You w i l l then r e t i r e t o d e l i b e r a t e your v e r d i c t .
evidence.
PRELIMINARY INSTRUCTION NO.
I t w i l l be your duty t o d e c i d e from the e v i d e n c e what t h e f a c t s are. You, and you a l o n e , are the judges of the f a c t s . then
You w i l l hear the e v i d e n c e , d e c i d e what the f a s t s are and a p p l y those f a c t s t o the law t h a t I g i v e you i n these
p r e l i m i n a r y i n s t r u c t i o n s and i n the f i n a l i n s t r u c t i o n s a t the c o n c l u s i o n of the case. verdict. You w i l l then d e l i b e r a t e and reach your
You are the s o l e judges of the f a c t s ; but you must agree
f o l l o w the law as s t a t e d i n my i n s t r u c t i o n s , whether you or not.
You have been chosen and sworn as j u r o r s i n t h i s case t o try the i s s u e s of f a c t p r e s e n t e d by the p a r t i e s . You are t o
p e r f o r m t h i s duty w i t h o u t b i a s or p r e j u d i c e as t o any p a r t y . Our system of law does not p e r m i t j u r o r s t o be governed sympathy, p r e j u d i c e or p u b l i c o p i n i o n . The case s h o u l d be c o n s i d e r e d and d e c i d e d by you as an a c t i o n between persons of e q u a l s t a n d i n g i n the community, of e q u a l worth, and h o l d i n g the same o r s i m i l a r s t a t i o n s of life. by
A l l persons are s t a t e d equal b e f o r e the law and are t o be d e a l t w i t h as e q u a l s i n t h i s c o u r t . You s h o u l d not t a k e a n y t h i n g I say or do d u r i n g the trial
as i n d i c a t i n g what I t h i n k of the evidence or what your v e r d i c t s h o u l d be.
PRELIMINARY INSTRUCTION NO. 5 You s h a l l base your v e r d i c t o n l y upon t h e evidence and these instructions.
Evidence i s : 1. Testimony i n person o r by d e p o s i t i o n . 2. . E x h i b i t s r e c e i v e d , by. t h e .court. 3. S t i p u l a t i o n s which a r e agreements between t h e a t t o r n e y s . 4. Any o t h e r m a t t e r a d m i t t e d (e.g. answers t o i n t e r r o g a t o r i e s , m a t t e r s which j u d i c i a l n o t i c e was t a k e n , and e t c . ) . Evidence may be d i r e c t o r c i r c u m s t a n t i a l . g i v e n any evidence i s f o r you t o d e c i d e . r e f e r e n c e s a r e made t o p r e - t r i a l The weight t o be
Sometimes, d u r i n g a t r i a l , statements
and r e p o r t s , w i t n e s s e s ' d e p o s i t i o n s , o r o t h e r Only those t h i n g s f o r m a l l y o f f e r e d and
miscellaneous items.
r e c e i v e d by t h e c o u r t a r e a v a i l a b l e t o you d u r i n g your deliberations. Documents o r items read from o r r e f e r r e d t o
which were not o f f e r e d and r e c e i v e d i n t o e v i d e n c e , a r e not a v a i l a b l e t o you. The f o l l o w i n g a r e not e v i d e n c e : 1. Statements, lawyers. arguments, q u e s t i o n s and comments by t h e
2. O b j e c t i o n s and r u l i n g s on o b j e c t i o n s . 3. Any t e s t i m o n y I t o l d you t o d i s r e g a r d .
PRELIMINARY INSTRUCTION NO. 5 (continued) 4. A n y t h i n g you saw or heard about t h i s case o u t s i d e t h e courtroom. 5. Documents o r items read from o r r e f e r r e d t o . w h i c h were not o f f e r e d and r e c e i v e d i n t o e v i d e n c e
PRELIMINARY INSTRUCTION NO. In d e c i d i n g what the f a c t s are, you may testimony You may you b e l i e v e and what t e s t i m o n y
6 have t o d e c i d e what
you do not b e l i e v e .
b e l i e v e a l l of what a w i t n e s s
says, or o n l y p a r t of i t ,
or none of i t . In d e c i d i n g what t e s t i m o n y witnesses' to b e l i e v e , consider the
i n t e l l i g e n c e , t h e i r o p p o r t u n i t y t o have seen or heard
t h e t h i n g s they t e s t i f y about, t h e i r memories, the m o t i v e they may have f o r t e s t i f y i n g a c e r t a i n way, t h e i r manner w h i l e earlier the
t e s t i f y i n g , whether they s a i d something d i f f e r e n t at an t i m e , the g e n e r a l r e a s o n a b l e n e s s of t h e i r t e s t i m o n y e x t e n t t o which t h e i r t e s t i m o n y e v i d e n c e t h a t you b e l i e v e . In d e c i d i n g whether or not t o b e l i e v e a w i t n e s s , i s consistent with and other
keep i n and
mind t h a t people sometimes hear or see t h i n g s d i f f e r e n t l y sometimes f o r g e t t h i n g s . You
need t o c o n s i d e r t h e r e f o r e whether lapse
a c o n t r a d i c t i o n i s an i n n o c e n t l y m i s t a k e n r e c o l l e c t i o n or i n memory or an i n t e n t i o n a l f a l s e h o o d , whether i t has t o do w i t h an important detail. and t h a t may
depend on
f a c t or o n l y a s m a l l
Whenever a p a r t y must prove something t h e y must do so by a "preponderance of the e v i d e n c e " u n l e s s I i n s t r u c t you differently. To prove something by a "preponderance of the e v i d e n c e " means t o prove t h a t something i s more l i k e l y t r u e than not t r u e . In o t h e r words, preponderance of the e v i d e n c e i n the case means such e v i d e n c e , when c o n s i d e r e d and compared w i t h t h a t opposed t o it, has more c o n v i n c i n g f o r c e , and produces i n your minds b e l i e f
t h a t what i s sought t o be proven i s more l i k e l y t r u e t h a n not true. The "preponderance of the e v i d e n c e " does not depend upon the number of w i t n e s s e s t e s t i f y i n g on one s i d e or the o t h e r . In d e t e r m i n i n g whether any f a c t i n i s s u e has been proven by the "preponderance o f the e v i d e n c e , " you may, unless otherwise
i n s t r u c t e d , c o n s i d e r the t e s t i m o n y o f a l l w i t n e s s e s , r e g a r d l e s s of who may have c a l l e d them and a l l e x h i b i t s r e c e i v e d have.produced them. into
e v i d e n c e , r e g a r d l e s s of who may
PRELIMINARY INSTRUCTION NO. 8 From time t o time d u r i n g t h e t r i a l I may be c a l l e d upon t o make r u l i n g s o f law on o b j e c t i o n s o r motions made by t h e lawyers. I t i s t h e duty o f t h e lawyer f o r each p a r t y t o o b j e c t
when a n o t h e r p a r t y o f f e r s t e s t i m o n y
o r o t h e r e v i d e n c e which t h e You s h o u l d not show because
l a w y e r b e l i e v e s i s not p r o p e r l y a d m i s s i b l e .
p r e j u d i c e a g a i n s t a lawyer o r t h e p a r t y they r e p r e s e n t t h e lawyer has made o b j e c t i o n s .
You s h o u l d not i n f e r o r
c o n c l u d e from any r u l i n g o r o t h e r comment I may make t h a t I have o p i n i o n s on t h e m e r i t s o f t h e case f a v o r i n g one s i d e o r t h e other. And i f I s u s t a i n an o b j e c t i o n t o a q u e s t i o n t h a t goes
unanswered by t h e w i t n e s s , you s h o u l d not draw any i n f e r e n c e s o r c o n c l u s i o n s from t h e q u e s t i o n itself.
PRELIMINARY INSTRUCTION NO. 9 During the t r i a l i t may be n e c e s s a r y f o r me t o t a l k w i t h
t h e l a w y e r s out of your h e a r i n g , e i t h e r by h a v i n g a bench c o n f e r e n c e here w h i l e you a r e p r e s e n t i n t h e courtroom, c a l l i n g a recess. we a r e w o r k i n g . o r by
P l e a s e understand t h a t w h i l e you a r e w a i t i n g , The purpose o f these c o n f e r e n c e s i s t o d e c i d e
how c e r t a i n e v i d e n c e i s t o be t r e a t e d under t h e r u l e s o f e v i d e n c e , and t o a v o i d c o n f u s i o n and e r r o r . We w i l l , of course,
do what we can t o keep t h e number and l e n g t h of these c o n f e r e n c e s t o a minimum.
10
PRELIMINARY
INSTRUCTION
NO. 10
I f you want t o t a k e notes d u r i n g t h e course o f t h e t r i a l you may do so. However, i t i s d i f f i c u l t t o take d e t a i l e d notes
and pay a t t e n t i o n t o what t h e w i t n e s s e s are- s a y i n g a t t h e same time. I f you do t a k e n o t e s , be sure t h a t your note t a k i n g does
not i n t e r f e r e w i t h y o u . l i s t e n i n g t o and c o n s i d e r a t i o n o f a l l t h e evidence. A l s o , i f you do t a k e notes, do not d i s c u s s them w i t h Do not t a k e t h e notes
anyone b e f o r e you b e g i n d e l i b e r a t i o n s . w i t h you a t t h e end o f t h e day. c h a i r i n the courtroom.
Be sure t o l e a v e them on your
The c o u r t a t t e n d a n t w i l l s a f e guard t h e remain remain
n o t e s a t t h e end o f t h e day and ensure t h a t they confidential. No one w i l l read them.
The notes w i l l
c o n f i d e n t i a l throughout c o n c l u s i o n o f the t r i a l .
t h e t r i a l and w i l l be d e s t r o y e d a t t h e
I f you choose not t o t a k e n o t e s , remember i t i s your
own
i n d i v i d u a l r e s p o n s i b i l i t y t o l i s t e n c a r e f u l l y to the evidence. You cannot g i v e t h i s r e s p o n s i b i l i t y t o someone who i s t a k i n g notes. We depend on t h e judgment of a l l members o f t h e j u r y ; Whether o r not
you must a l l remember t h e evidence i n t h i s case.
you t a k e n o t e s , you s h o u l d r e l y on your own memory r e g a r d i n g what was s a i d . Your notes a r e not evidence i n t h i s case. A
j u r o r ' s notes are not more r e l i a b l e than the memory o f another j u r o r who chooses t o c a r e f u l l y c o n s i d e r the e v i d e n c e t a k i n g notes. without
You s h o u l d not be o v e r l y i n f l u e n c e d by t h e n o t e s . 11
PRELIMINARY INSTRUCTION NO. 10 (continued) You w i l l n o t i c e t h a t we do have an o f f i c i a l c o u r t making a r e c o r d o f t h i s t r i a l . typewritten transcripts reaching reporter
However, we w i l l . n o t have f o r use i n
of t h i s record a v a i l a b l e
your d e c i s i o n s i n t h i s case.
12
PRELIMINARY INSTRUCTION NO. You may your v e r d i c t .
11 reaching
not communicate about t h i s case b e f o r e
T h i s i n c l u d e s c e l l phones, and e l e c t r o n i c media
such as t e x t messages, Facebook, MySpace, L i n k e d l n , YouTube, Twitter, email, etc. Do not do any r e s e a r c h or make any i n v e s t i g a t i o n about t h i s case on your own. Do not v i s i t or view any p l a c e d i s c u s s e d i n any
t h i s case, and do not use I n t e r n e t maps or Google E a r t h or o t h e r program or d e v i c e t o s e a r c h f o r or t o view any d i s c u s s e d i n the t e s t i m o n y . A l s o , do not r e s e a r c h place any
i n f o r m a t i o n about t h i s case, the law, or the people i n v o l v e d , i n c l u d i n g the p a r t i e s , the w i t n e s s e s , the l a w y e r s , or the T h i s i n c l u d e s u s i n g the I n t e r n e t t o r e s e a r c h events or r e f e r e n c e d i n the trial. i n the be judge.
people
T h i s case w i l l be t r i e d on evidence p r e s e n t e d courtroom.
I f you conduct independent r e s e a r c h , you w i l l i n court.
r e l y i n g on m a t t e r s not p r e s e n t e d
The p a r t i e s have a they know about
r i g h t t o have t h i s case d e c i d e d on the evidence and t h a t has been i n t r o d u c e d here i n c o u r t .
I f you do some
r e s e a r c h or i n v e s t i g a t i o n or experiment t h a t we do not know about, then your v e r d i c t may incomplete be i n f l u e n c e d by i n a c c u r a t e ,
o r . m i s l e a d i n g i n f o r m a t i o n t h a t has not been t e s t e d by by
t h e t r i a l p r o c e s s , i n c l u d i n g the oath t o t e l l the t r u t h and cross-examination.
A l l of the p a r t i e s are e n t i t l e d t o a f a i r 13
PRELIMINARY INSTRUCTION NO. trial,
11
(continued) conduct process.
rendered by an i m p a r t i a l j u r y , and you must
y o u r s e l f so as t o m a i n t a i n t h e i n t e g r i t y o f the t r i a l
I f you d e c i d e a case based on i n f o r m a t i o n not p r e s e n t e d i n " c o u r t , you w i l l have d e n i e d t h e p a r t i e s a f a i r t r i a l i n accordance w i t h t h e r u l e s o f t h i s s t a t e and you w i l l have done I t i s v e r y i m p o r t a n t t h a t you abide by t h e s e
an i n j u s t i c e . rules.
[ F a i l u r e t o f o l l o w these i n s t r u c t i o n s may r e s u l t i n . t h e
case h a v i n g t o be r e t r i e d and c o u l d r e s u l t i n you b e i n g h e l d i n contempt and punished.] and u n d i v i d e d
I t i s i m p o r t a n t t h a t we have your f u l l attention during t h i s trial.
Dated t h i s
day o f September, 2013.
Thomas J . B i c e D i s t r i c t Court Judge
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keep i n and
depend on
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PRELIMINARY
INSTRUCTION
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The notes w i l l
own
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11 reaching
people
I f you do some
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evidence.
keep i n and
depend on
10
PRELIMINARY
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The notes w i l l
own
12
11 reaching
people
I f you do some
11
Dated t h i s
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2RCV12 IN THE IOWA DISTRICT COURT FOR SAC COUNTY MARGARET SMITH JOHN W SMITH ,
Case No. 02811 LACV019319
Plaintiff, vs. LORING HOSPITAL, Defendant. COURT REPORTER MEMORANDUM AND CERTIFICATE
COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.) Appearances: For Plaintiff/Petitioner: Patrick For Defendant/Respondent: John Gray Other: Information required by Iowa Rule of Civil Procedure 1.903(3): I, Tara Gibson, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3): 1. The type of proceeding that was reported: Jury trial 2. The date(s) on which the proceeding occurred: September 26, 2013 3. The name of the court reporter who reported the proceeding: Tara Gibson 4. The name of the judge who presided over the proceeding: Thomas Bice 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10. /s/Tara Gibson
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State of Iowa Courts Case Number LACV019319 Type: Case Title MARGARET SMITH & JOHN SMITH VS LORING HOSPITAL COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered
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keep i n and
depend on
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PRELIMINARY
INSTRUCTION
NO. 10
The notes w i l l
own
12
11 reaching
people
I f you do some
11
Dated t h i s
14
2RCV12 IN THE IOWA DISTRICT COURT FOR SAC COUNTY MARGARET SMITH JOHN W SMITH ,
Case No. 02811 LACV019319
Plaintiff, vs. LORING HOSPITAL, Defendant. COURT REPORTER MEMORANDUM AND CERTIFICATE
COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.) Appearances: For Plaintiff/Petitioner: Patrick For Defendant/Respondent: John Gray Other: Information required by Iowa Rule of Civil Procedure 1.903(3): I, Tara Gibson, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3): 1. The type of proceeding that was reported: Jury trial 2. The date(s) on which the proceeding occurred: September 26, 2013 3. The name of the court reporter who reported the proceeding: Tara Gibson 4. The name of the judge who presided over the proceeding: Thomas Bice 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10. /s/Tara Gibson
1 of 3
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State of Iowa Courts Case Number LACV019319 Type: Case Title MARGARET SMITH & JOHN SMITH VS LORING HOSPITAL COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY ,-n

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MARGARET SMITH and JOHN SMITH, No. LACV019319 Plaintiffs, vs . LORING HOSPITAL, Defendant.
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co INSTRUCTIONS TO THE JURY
INSTRUCTION NO. 1 My duty i s t o t e l l you what t h e law i s . Your duty i s t o accept and a p p l y t h i s law. You must c o n s i d e r a l l o f t h e i n s t r u c t i o n s t o g e t h e r because no one i n s t r u c t i o n i n c l u d e s a l l o f t h e a p p l i c a b l e law. The o r d e r i n which I g i v e these i n s t r u c t i o n s i s not important. Your duty i s t o d e c i d e a l l f a c t q u e s t i o n s . Do not be i n f l u e n c e d by any p e r s o n a l l i k e s o r d i s l i k e s , sympathy, b i a s , p r e j u d i c e s o r emotions.
INSTRUCTION NO. 2 C e r t a i n t e s t i m o n y has been read i n t o e v i d e n c e from a deposition. A deposition i s t e s t i m o n y taken under oath b e f o r e C o n s i d e r t h a t t e s t i m o n y as
the t r i a l and p r e s e r v e d i n w r i t i n g . i f i t had been g i v e n i n c o u r t .
INSTRUCTION NO. 3 Counsel has s t i p u l a t e d t h a t i f Dr. D a n i e l K e n s i n g e r were c a l l e d as a w i t n e s s he would t e s t i f y as s t i p u l a t e d . Consider
the s t i p u l a t e d t e s t i m o n y as i f i t had been g i v e n i n c o u r t .
INSTRUCTION NO. 4 You have heard t e s t i m o n y from persons d e s c r i b e d as e x p e r t s .
Persons who have become e x p e r t s i n a f i e l d because o f t h e i r e d u c a t i o n and e x p e r i e n c e may g i v e t h e i r o p i n i o n on m a t t e r s i n t h a t f i e l d and t h e reasons f o r their opinion. testimony. weight
C o n s i d e r e x p e r t t e s t i m o n y j u s t l i k e any o t h e r You may accept i t o r r e j e c t i t . as you t h i n k i t d e s e r v e s ,
You may g i v e i t as much
c o n s i d e r i n g t h e w i t n e s s ' e d u c a t i o n and
e x p e r i e n c e , t h e reasons g i v e n f o r t h e o p i n i o n , and a l l t h e o t h e r evidence i n t h e case.
INSTRUCTION NO. 5 An e x p e r t w i t n e s s was asked t o assume c e r t a i n f a c t s were t r u e and t o g i v e an o p i n i o n based on t h a t assumption. c a l l e d a hypothetical question. This i s
I f any f a c t assumed i n t h e
q u e s t i o n has not been proved by t h e e v i d e n c e , you s h o u l d d e c i d e i f t h a t o m i s s i o n a f f e c t s t h e v a l u e of t h e o p i n i o n .
INSTRUCTION NO. 6 You have heard e v i d e n c e c l a i m i n g c e r t a i n p a r t i e s made statements b e f o r e t h i s t r i a l w h i l e under o a t h . I f you f i n d such a statement was made, you may r e g a r d t h e statements as e v i d e n c e i n t h i s case t h e same as i f these p a r t i e s had made them under oath d u r i n g t h e t r i a l . I f you f i n d such statements were made and were i n c o n s i s t e n t w i t h t h e s e c e r t a i n p a r t i e s ' t e s t i m o n y d u r i n g t h e t r i a l you may a l s o use t h e statements as a b a s i s f o r d i s r e g a r d i n g a l l o r any p a r t o f these c e r t a i n p a r t i e s ' t e s t i m o n y d u r i n g t h e t r i a l but you a r e not r e q u i r e d t o do so. You s h o u l d not d i s r e g a r d these c e r t a i n p a r t i e s ' testimony during the t r i a l i f other c r e d i b l e
e v i d e n c e s u p p o r t s i t o r i f you b e l i e v e i t f o r any o t h e r reason.
INSTRUCTION NO. 7 The P l a i n t i f f s must prove a l l o f t h e f o l l o w i n g propositions: 1. The Defendant was n e g l i g e n t i n one o r more o f t h e f o l l o w i n g ways: a. I n f a i l i n g t o p l a c e Margaret Smith a t t h e a p p r o p r i a t e risk for falling. b. I n c h o o s i n g not t o put c e r t a i n s a f e f a l l p r o t e c t i o n measures i n t o p l a c e t o p r e v e n t Margaret Smith from falling. 2. The n e g l i g e n c e was a cause o f damage t o Margaret Smith. 3. The amount of damage. I f t h e P l a i n t i f f s have f a i l e d p r o p o s i t i o n s , the P l a i n t i f f s t o prove any o f t h e s e If
a r e not e n t i t l e d t o damages.
the P l a i n t i f f s have proved a l l o f t h e s e p r o p o s i t i o n s , t h e Plaintiffs a r e e n t i t l e d t o damages i n some amount.
INSTRUCTION NO. 8 " N e g l i g e n c e " means f a i l u r e t o use o r d i n a r y c a r e . Ordinary
care i s t h e c a r e which a r e a s o n a b l y c a r e f u l person would use under s i m i l a r c i r c u m s t a n c e s . " N e g l i g e n c e " i s d o i n g something a
r e a s o n a b l y c a r e f u l person would not do under s i m i l a r c i r c u m s t a n c e s , o r f a i l i n g t o do something person would do under s i m i l a r a reasonably careful
circumstances.
INSTRUCTION NO. 9 H o s p i t a l nurses must use t h e degree o f s k i l l , learning c a r e and hospital
o r d i n a r i l y p o s s e s s e d and e x e r c i s e d by o t h e r
nurses i n s i m i l a r c i r c u m s t a n c e s . A v i o l a t i o n o f t h i s duty i s n e g l i g e n c e .
INSTRUCTION NO. 10 A h o s p i t a l must use t h e degree of o r d i n a r y c a r e and
a t t e n t i o n t h a t t h e known mental and p h y s i c a l c o n d i t i o n of a patient requires.
A v i o l a t i o n o f t h i s duty i s n e g l i g e n c e .
INSTRUCTION NO.
11
The h o s p i t a l i s l i a b l e f o r the n e g l i g e n t a c t s of i t s nurses i f the a c t s a r e done i n the scope o f t h e i r employment.
INSTRUCTION NO. 12 The conduct o f a p a r t y i s a cause o f damage when t h e damage would not have happened except f o r t h e conduct.
INSTRUCTION NO. 13 The mere f a c t t h a t an a c c i d e n t o c c u r r e d o r a p a r t y was i n j u r e d does not mean a p a r t y was n e g l i g e n t o r a t f a u l t .
INSTRUCTION NO.
14
I f you f i n d P l a i n t i f f Margaret Smith i s e n t i t l e d t o r e c o v e r damages, i t i s your duty t o determine the amounts. In d o i n g so
you s h a l l c o n s i d e r the f o l l o w i n g i t e m s : 1. The r e a s o n a b l e v a l u e of n e c e s s a r y h o s p i t a l charges, d o c t o r charges and p r e s c r i p t i o n s from the date of i n j u r y t o the p r e s e n t time i n the amount o f $27,227.24. 2. Loss o f f u n c t i o n of the mind and body from the date of i n j u r y t o the p r e s e n t t i m e . Loss o f mind and body i s the i n a b i l i t y of a p a r t i c u l a r p a r t of t h e mind or body t o f u n c t i o n i n a normal manner. 3. The p r e s e n t v a l u e o f f u t u r e l o s s of the mind and body. 4. P h y s i c a l and mental p a i n and s u f f e r i n g from t h e date of i n j u r y t o the p r e s e n t t i m e . P h y s i c a l p a i n and s u f f e r i n g may i n c l u d e , but i s not l i m i t e d t o , b o d i l y s u f f e r i n g o f d i s c o m f o r t . M e n t a l p a i n and s u f f e r i n g may i n c l u d e , but i s not l i m i t e d t o , mental a n g u i s h o r l o s s o f enjoyment o f life. The amount you a s s e s s f o r p h y s i c a l and mental p a i n and s u f f e r i n g i n the p a s t and f u t u r e , f u t u r e e a r n i n g c a p a c i t y , l o s s o f f u n c t i o n of t h e mind and body i n the p a s t and and
future You
cannot be measured by any e x a c t o r m a t h e m a t i c a l s t a n d a r d . must use your sound judgment based upon an i m p a r t i a l consideration exercised o f the e v i d e n c e . Your judgment must not be
arbitrarily,
o r out o f sympathy o r p r e j u d i c e ,
f o r or
against the p a r t i e s .
The amount you a s s e s s f o r any i t e m o f
damage must not exceed the amount caused by the defendant as proved by the e v i d e n c e .
INSTRUCTION NO. 14
(continued)
Future
damages must be reduced t o p r e s e n t
value.
"Present together will
v a l u e " i s a sum o f money p a i d not i n advance which, w i t h i n t e r e s t earned a t a r e a s o n a b l e rate of return,
compensate t h e P l a i n t i f f f o r f u t u r e economic l o s s e s . A p a r t y cannot r e c o v e r d u p l i c a t e damages. Do not a l l o w
amounts awarded under one i t e m o f damage t o be i n c l u d e d i n any amount awarded under another i t e m o f damage. S i m i l a r l y , damages
awarded t o one p a r t y s h a l l not be i n c l u d e d i n any amount awarded t o another p a r t y . Add t o g e t h e r t h e amounts, i f any, you f i n d f o r each o f t h e
above items and t h e t o t a l w i l l be used t o answer t h e s p e c i a l verdicts.
INSTRUCTION NO. 15 I f you f i n d Margaret Smith had a h e a l t h c o n d i t i o n b e f o r e t h i s i n c i d e n t and t h i s c o n d i t i o n was a g g r a v a t e d o r made a c t i v e by t h i s i n c i d e n t c a u s i n g f u r t h e r s u f f e r i n g and d i s a b i l i t y then she i s e n t i t l e d t o r e c o v e r damages caused by t h e a g g r a v a t i o n . She i s not e n t i t l e d t o r e c o v e r f o r any p h y s i c a l a i l m e n t or d i s a b i l i t y which e x i s t e d b e f o r e t h i s i n c i d e n t o r f o r any i n j u r i e s o r damages which she now has which were not caused by the Defendant's actions.
INSTRUCTION NO. 16 I f Margaret Smith had a h e a l t h c o n d i t i o n making her more s u s c e p t i b l e t o i n j u r y than a p e r s o n i n normal h e a l t h , then t h e defendant i s r e s p o n s i b l e f o r a l l i n j u r i e s and damages which a r e e x p e r i e n c e d by Margaret Smith t h a t a r e caused by Defendant's a c t i o n s , even though t h e i n j u r i e s c l a i m e d produce a g r e a t e r i n j u r y than those which might have been e x p e r i e n c e d by a normal p e r s o n under the same c i r c u m s t a n c e s .
INSTRUCTION NO. 17 A S t a n d a r d M o r t a l i t y Table i n d i c a t e s t h e normal life
expectancy o f p e o p l e who a r e t h e same age as Margaret Smith i s 3.18 y e a r s . The s t a t i s t i c s from a S t a n d a r d M o r t a l i t y Table a r e You may use t h i s i n f o r m a t i o n , together with a l l
not c o n c l u s i v e .
the o t h e r e v i d e n c e about Margaret Smith's h e a l t h , h a b i t s , occupation, damages. and l i f e s t y l e , when d e c i d i n g i s s u e s o f f u t u r e
INSTRUCTION NO.
18
" P a r e n t a l c o n s o r t i u m " i s the r e l a t i o n s h i p between p a r e n t and c h i l d and the r i g h t of the c h i l d t o the b e n e f i t s of companionship, comfort, guidance, a f f e c t i o n , the a i d of the
p a r e n t i n every p a r e n t a l r e l a t i o n , g e n e r a l u s e f u l n e s s , i n d u s t r y and a t t e n t i o n w i t h i n the f a m i l y . of I t does not i n c l u d e the l o s s anguish
f i n a n c i a l support from the i n j u r e d p a r e n t , nor mental injury.
caused by the p a r e n t ' s If
you f i n d John Smith, as the son of Margaret
Smith, i s the
e n t i t l e d t o r e c o v e r damages, i t i s your duty t o determine amount.
In d o i n g so you s h a l l c o n s i d e r the f o l l o w i n g i t e m s ;
1. The r e a s o n a b l e v a l u e of l o s s of p a r e n t a l c o n s o r t i u m which John Smith would o t h e r w i s e have r e c e i v e d from the date of i n j u r y u n t i l the p r e s e n t t i m e . 2. The p r e s e n t v a l u e of l o s s of p a r e n t a l c o n s o r t i u m which Smith would o t h e r w i s e have r e c e i v e d i n the f u t u r e . A c h i l d i s not e n t i t l e d t o damages f o r l o s s of p a r e n t a l c o n s o r t i u m u n l e s s the i n j u r y t o the p a r e n t has caused a s i g n i f i c a n t d i s r u p t i o n or d i m i n u t i o n of the p a r e n t - c h i l d relationship. Damages f o r l o s s of p a r e n t a l c o n s o r t i u m are John
l i m i t e d i n time t o the s h o r t e r of the c h i l d ' or p a r e n t ' s normal life expectancy. In you may d e t e r m i n i n g the v a l u e f o r l o s s of p a r e n t a l c o n s o r t i u m , consider: life.
1. The c i r c u m s t a n c e s of the i n j u r e d p a r e n t ' s 2. Margaret Margaret Smith's Smith's and John Smith's injury.
ages at the time of
INSTRUCTION NO. 18 (continued) 3. The h e a l t h , s t r e n g t h , c h a r a c t e r and l i f e expectancy o f t h e i n j u r e d p a r e n t and c h i l d . 4. The i n j u r e d p a r e n t ' s c a p a b i l i t i e s and e f f i c i e n c i e s i n p e r f o r m i n g t h e d u t i e s as a p a r e n t . 5. The i n j u r e d p a r e n t ' s s k i l l s and a b i l i t i e s i n p r o v i d i n g i n s t r u c t i o n , guidance, a d v i c e and a s s i s t a n c e t o t h e c h i l d . 6. The c h i l d ' s needs. 7. A l l o t h e r f a c t s and c i r c u m s t a n c e s b e a r i n g on t h e i s s u e . The amount you a s s e s s f o r p a s t , p r e s e n t and f u t u r e l o s s o f p a r e n t a l c o n s o r t i u m cannot be measured by any e x a c t o r mathematical standard. You must use your sound judgment based Your judgment
upon an i m p a r t i a l c o n s i d e r a t i o n o f t h e e v i d e n c e .
must not be e x e r c i s e d a r b i t r a r i l y , o r out o f sympathy o r prejudice, for or against the p a r t i e s . The amount you a s s e s s
f o r any i t e m o f damage must not exceed t h e amount caused by t h e Defendant as proved by t h e e v i d e n c e . A p a r t y cannot r e c o v e r d u p l i c a t e damages. Do not a l l o w
amounts awarded under one i t e m o f damage t o be i n c l u d e d i n any amount awarded under another i t e m o f damage. S i m i l a r l y , damages
awarded t o one p a r t y s h a l l not be i n c l u d e d i n any amount awarded t o another p a r t y . The amounts, i f any, you f i n d f o r each o f t h e above items w i l l be used t o answer t h e s p e c i a l verdicts.
INSTRUCTION NO. 19 In a r r i v i n g a t an i t e m o f damage you cannot a r r i v e a t a f i g u r e by t a k i n g down t h e e s t i m a t e o f each j u r o r as t o an i t e m of damage, and a g r e e i n g i n advance t h a t t h e average o f those e s t i m a t e s s h a l l be your i t e m o f damage.
INSTRUCTION NO. 20 Upon r e t i r i n g you s h a l l s e l e c t a foreman o r forewoman. w i l l be h i s o r her duty t o see d i s c u s s i o n orderly fashion, the issues It
i s c a r r i e d on i n an
a r e f u l l y and f r e e l y d i s c u s s e d , and
each j u r o r i s g i v e n an o p p o r t u n i t y t o e x p r e s s h i s or h e r views. Your a t t i t u d e a t t h e b e g i n n i n g o f your d e l i b e r a t i o n s i s important. I t i s not a good i d e a f o r you t o t a k e a p o s i t i o n t h e case w i t h t h e o t h e r j u r o r s . and you may If
before thoroughly discussing you
do t h i s , i n d i v i d u a l p r i d e may become i n v o l v e d
later hesitate
t o change an announced p o s i t i o n even i f shown i t Remember you a r e not p a r t i s a n s or advocates,
may be i n c o r r e c t . but
a r e judges - judges o f t h e f a c t s .
Your s o l e i n t e r e s t i s t o
f i n d t h e t r u t h and do j u s t i c e .
INSTRUCTION NO. 21 O c c a s i o n a l l y , a f t e r a j u r y r e t i r e s t o t h e j u r y room, t h e members have q u e s t i o n s . U s u a l l y , q u e s t i o n s about i n s t r u c t i o n s I f however, any
can be answered by c a r e f u l l y r e - r e a d i n g them. of
you f e e l i t n e c e s s a r y t o ask a q u e s t i o n , you must do so i n I
w r i t i n g and d e l i v e r t h e q u e s t i o n t o t h e Court A t t e n d a n t . cannot communicate w i t h you w i t h o u t f i r s t d i s c u s s i n g q u e s t i o n and p o t e n t i a l answer w i t h t h e a t t o r n e y s . your
This process My
n a t u r a l l y t a k e s time and d e l i b e r a t i o n b e f o r e I can r e p l y . r e p l y w i l l a l s o be i n w r i t i n g .
Keep t h e w r i t t e n q u e s t i o n and
response and r e t u r n i t t o t h e Court w i t h t h e v e r d i c t . The Court A t t e n d a n t who has been working w i t h me on t h i s case w i l l be under o a t h not t o communicate w i t h you except t o ask i f you have agreed upon a v e r d i c t . P l e a s e do not p u t him o r You s h o u l d
her on t h e spot by a s k i n g him o r h e r any q u e s t i o n s .
d i r e c t your q u e s t i o n s t o t h e Court and not t o t h e Court Attendant.
INSTRUCTION NO. 22 I am g i v i n g you two (2) v e r d i c t forms and q u e s t i o n s . During t h e f i r s t s i x hours o f d e l i b e r a t i o n s , e x c l u d i n g meals and r e c e s s e s o u t s i d e your j u r y room, your d e c i s i o n must be unanimous. I f you a l l agree, t h e v e r d i c t and answers t o
q u e s t i o n s must be s i g n e d by your foreman o r forewoman. A f t e r d e l i b e r a t i n g f o r s i x hours from o'clock .m.
e x c l u d i n g meals o r r e c e s s e s o u t s i d e your j u r y room, then i t i s n e c e s s a r y t h a t o n l y seven o f you agree upon t h e answers t o t h e questions. I n t h a t case, t h e v e r d i c t and q u e s t i o n s must be
s i g n e d by a l l seven j u r o r s who agree. When you have agreed upon t h e v e r d i c t and answers t o q u e s t i o n s and a p p r o p r i a t e l y s i g n e d i t , t e l l t h e Court Attendant.
Dated t h i s 27th day o f September, 2013.
Thojrtas J . B i c e D i s t r i c t Court Judge
MARGARET SMITH and JOHN SMITH, Plaintiffs, vs. SPECIAL VERDICT FORMS LORING HOSPITAL, Defendant. No. LACV019319
SPECIAL VERDICT NO. 1 We f i n d t h e f o l l o w i n g v e r d i c t on t h e q u e s t i o n s s u b m i t t e d t o us: Q u e s t i o n No. 1: Was t h e defendant a t f a u l t ? Answer " y e s " o r "no." ANSWER: [ I f your answer i s "no," do not answer any f u r t h e r q u e s t i o n s . ]
Q u e s t i o n No. 2: Was t h e f a u l t o f t h e defendant a cause o f any i t e m o f damage t o Margaret Smith? Answer " y e s " o r "no." ANSWER: [ I f your answer i s "no", do not answer any f u r t h e r q u e s t i o n s . ]
Q u e s t i o n No. 3: S t a t e the amount o f damages s u s t a i n e d by Margaret Smith caused by d e f e n d a n t ' s f a u l t . I f Margaret Smith has f a i l e d t o prove a n y ' i t e m o f damage, o r has f a i l e d t o prove t h a t any i t e m o f damage was caused by d e f e n d a n t ' s f a u l t , e n t e r 0 for that item. 1. Past m e d i c a l expenses i n t h e amount o f $27,227.24 2. Past l o s s o f f u n c t i o n o f body and mind 3. F u t u r e l o s s o f f u n c t i o n o f body and mind 4 . Past p a i n and s u f f e r i n g TOTAL (add t h e s e p a r a t e items o f damage] $ $ $ $
FOREPERSON* To be s i g n e d o n l y i f v e r d i c t i s unanimous
Juror**
Juror* *
Juror**
Juror* *
Juror**
Juror**
Juror** **To be s i g n e d by t h e j u r o r s a g r e e i n g t h e r e t o a f t e r s i x hours or more o f d e l i b e r a t i o n .
SPECIAL VERDICT NO. 2 S t a t e t h e amount o f damages s u s t a i n e d by t h e P l a i n t i f f Smith f o r t h e l o s s o f p a r e n t a l c o n s o r t i u m . ANSWER: $ John
FOREPERSON* *To be s i g n e d o n l y i f v e r d i c t i s unanimous.
Juror**
Juror**
Juror**
Juror**
Juror**
Juror**
Juror** **To be s i g n e d by t h e j u r o r s a g r e e i n g more o f d e l i b e r a t i o n . t h e r e t o a f t e r s i x hours o r
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jKomas J. Bice District Court Judge
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You have received all the evidence in this case. You must rely upon that evidence, whether testimonial or documentary. Beyond that, I cannot comment; and I refer you back to the Jury Instructions for direction.
Thomas J. Bice District Court Judge
IN THE IOWA DISTRICT COURT FOR SAC COUNTY MARGARET SMITH and JOHN SMITH, Plaintiffs, vs. SPECIAL VERDICT FORMS LORING HOSPITAL, Defendant. No. LACV019319 cn
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SPECIAL VERDICT NO. 1 We f i n d t h e f o l l o w i n g v e r d i c t on t h e q u e s t i o n s s u b m i t t e d t o us Q u e s t i o n No. 1: Was t h e defendant a t f a u l t ? Answer " y e s " o r "no." ANSWER: [ I f your answer i s "no," do not answer any f u r t h e r q u e s t i o n s . ]
Q u e s t i o n No. 2: Was t h e f a u l t o f t h e defendant a cause o f any i t e m o f damage t o Margaret Smith? Answer " y e s " o r "no." ANSWER: [ I f your answer i s "no", do not answer any f u r t h e r q u e s t i o n s . ]
Q u e s t i o n No. 3: S t a t e t h e amount o f damages s u s t a i n e d by Margaret Smith caused by d e f e n d a n t ' s f a u l t . I f Margaret Smith has f a i l e d t o prove a n y ' i t e m o f damage, o r has f a i l e d t o prove t h a t any i t e m o f damage was caused by defendant's f a u l t , e n t e r 0 for that item. 1. 2. 3. 4. Past m e d i c a l expenses i n t h e amount o f $27,227.24 Past l o s s o f f u n c t i o n o f body and mind F u t u r e l o s s o f f u n c t i o n o f body and mind Past p a i n and s u f f e r i n g TOTAL (add t h e s e p a r a t e items o f damage) $ $ $ $
y FOREPERSON* To be s i g n e d o n l y i f v e r d i c t i s unanimous,
Juror**
Juror'
Juror**
Juror'
Juror* *
Juror**
Juror** **To be s i g n e d by t h e j u r o r s a g r e e i n g t h e r e t o a f t e r s i x hours or more o f d e l i b e r a t i o n .
SPECIAL VERDICT NO. 2 S t a t e t h e amount o f damages s u s t a i n e d by t h e P l a i n t i f f John Smith f o r t h e l o s s o f p a r e n t a l c o n s o r t i u m . ANSWER: $
FOREPERSON* *To be s i g n e d o n l y i f v e r d i c t i s unanimous.
Juror**
Juror**
Juror**
Juror**
Juror**
Juror**
Juror** **To be s i g n e d by t h e j u r o r s a g r e e i n g more o f d e l i b e r a t i o n . t h e r e t o a f t e r s i x hours o r
2A DISTRICT 2 FOOTBALL
WEEKLY STATS SHEET
Team Stats for:_East Sac County_JV________ Date Opponent Points Scored Opp Score Rushing Attempts Rushing Yards Passing (Co-Att) Passing Yards Total Yards First Downs Penalties Penalty Yards Scoring Td 2pt Xp 4 2 7 1 1 1 2 Rushing Rushes 12 3 3 2 1 1 1 9/16/13 SEW-Grand 65 0 23 233 1-1 15 33-248 yds Name Max Blum Trevor Acshinger Cameron Allen Punt Returns Ret Yards 1 70 1 48 1 4 Name Justin Geery Passing Co Att 1 1 Yds 15 Td Int
Name Chris Conderino
Kick Returns Ret Yards 1 69
Td 1
Td 1 1
Name Trevor Aschinger Austin Brown Cameron Allen Sam Pek Chris Conderino Max Blum Konner Roth
Fgs
Pts 24 12 7 6 6 6 4
Name
Punting Punts
Yards
Name Cameron Allen Grant Gansmer
Kickoffs KO 8 2
Yards 296 76
Name Trevor Aschinger Austin Brown Trey Belt Sam Scott Sam Pek Michael Green Dylan Baumhover
Yards 101 65 10 8 45 9 -5
Td 2 2
Name Trevor Aschinger Austin Brown Max Blum
Interceptions Int Yards 1 28 1 7 1 6
Td 1
Name Sam Scott Name Max Blum Receiving Rec. Yards 1 15 Td
Fumble Recoveries FR Yards 1 0
Td
Sacks Name Sacks
Tackles Player Assist Grant Gansmer 8 Donnie Hoffard 6 Sam Scott 6 Jacob Linder 7 Carter Chedester 6 Cameron Allen 5 Quentin 5 Ackerman Ricky Meyers 4 Dylan 4 Baumhover Trevor 3 Aschinger Cassidy Hudson 3 Konner Roth 1 Trevor Feauto 0 Ty Brotherson 0 Justin Geery 1 Austin 1 Aschinger Chris Conderino 1 Nathan Kreft 1 Trey Belt 1 Ben Kolbe 1
Solo 3 2 1 0 0 0 0 0 0 0 0 1 1 1 0 0 0 0 0 0
Total 11 8 7 7 6 5 5 4 4 3 3 2 1 1 1 1 1 1 1 1
Konner Roth Safety
Results of the September 21, 2013 ESC Cross Country Meet in Carroll Boys Varsity: 18th Andrew Murley 19:25 19th Hunter Pieken 19:27 46th Wes Hummel 21:31 58th Colin Haberl 22:56 Varsity Girls: 29th Lydia Anderson 19:11 46th Rachel Tice 20:43 56th Adrian Newman 21:44 58th Ann Newman 21:56 63rd Maggie Steinkamp 24:49 Middle School Boys 34th Carter Babe 14:34 37th Colton Wells 14:39 44th Jacob Schramm 15:13 72nd Tristan Bruce Middle School Girls 48th Emily Scott 16:57 65th Paige Wollesen 19:48
WEEKLY STATS SHEET
Team Stats for:_East Sac County_JV________ Date Opponent Points Scored Opp Score Rushing Attempts Rushing Yards Passing (Co-Att) Passing Yards Total Yards First Downs Penalties Penalty Yards Scoring Td 2pt Xp 1 1 1 Punting Punts 7 9/23/13 Manson-NWW 13 12 25 9 9-20 117 45-126 yds Name Austin Brown Max Blum Punt Returns Ret Yards 2 21 1 0 Name Justin Geery Michael Green Passing Co Att 9 19 0 1 Yds 117 0 Td 2 Int
Name Austin Brown
Td
Td
Name Max Blum Chris Conderino Cameron Allen
Fgs
Pts 6 6 1
Name Cameron Allen
Yards 293
Name Cameron Allen Name Austin Brown Justin Geery Trevor Aschinger Sam Pek Max Blum Rushing Rushes 9 9 3 3 1 Yards 10 -11 8 -1 3 Td Name Kody Roth Max Blum
Kickoffs KO 3
Yards 125
Interceptions Int Yards 2 12 1 10
Td
Name Chris Conderino Max Blum Cameron Allen
Receiving Rec. 3 3 3
Name Mark Laguna Yards 51 33 33 Td 1 1 Name Riley Paysen Cameron Allen
Fumble Recoveries FR Yards 1 0
Td
Sacks Sacks 1 1
Player Riley Paysen Grant Gansmer Max Blum Quentin Ackerman Kody Roth Justin Geery Donnie Hoffard Austin Brown Matt Marshall Trevor Aschinger Cameron Allen Mark Laguna Cameron Slagle Michael Green Sam Pek Carter Chedester
Tackles Assist 5 2 3 4 1 2 3 0 1 1 1 2 0 0 1 1
Solo 3 4 2 1 2 1 0 2 1 1 1 0 1 1 0 0
Total 8 6 5 5 3 3 3 2 2 2 2 2 1 1 1 1
Grant Gansmer Blocked PAT
East Sac County VOLLEYBALL

(ESC Wins 3 0)
2) 25 - 15 Date: 09 / 24 /13 ESC At: Newell vs Newell Fonda Mustangs 3) 25 - 19 Non-Conf. Game 1) 25 - 15 TEAM STATISTICS: Serving: 74 For 77, Attacks: 71 For 85 Assists (Sets): 27 INDIVIDUAL STATISTICS: Serves For Aces
ESC Current Record Overall: 21 - 03 Conf Record: 6 - 0 96 Percent. .259 11 Aces 36 Kills
Hitting Efficiency, Digs: 27
Blocks: 6
Attacks For Kills
Assists
Blocks
Digs
Merrin Blum (Sr)_____9______10____1____15____17_____5______________________2__________1_____ Kyie Belt (Jr.)_______10______10____0_____0_____0_____0________12_______________________4______ Mak Ernst (Sr ) ___ 18______18_____1____10____11____5______________________1__________3______ Shae Blum (Sr)_____14______15_____2____28____34____15_____________________1__________5___ Shay Quirk (Sr) ____13______14____4_____1______1____0________14______________________7 _____ Jenna Peters (Sr) ____10______10____3_____15_____19___9_________1______________________4____ Jaylynn Peters (Jr) ____________________________________________________________________2___ Madi Blum (Sr) ______________________________________________________________________1___ Kat Drost (Sr)____________________________2_______2____2___________________________________
Coach's Comments Below:

Tonight was one of our better performances on the court. We served to score and we attacked to win. We have four very talented hitters and six very good servers, each with their own specialty serve. We were able to pass the ball well, which triggered many set / kill combinations. This helped keep a talented Newell Fonda out of system enough for us to win the match.

News Media Release (ESC WINS 2 0)
Date: 09 / 26 / 13 At: Gowrie (A 4 team pod) vs- Laurens-Marathon Chargers T.L. Conf Match). Game 1) 25 - 09 2) 25 - 12 TEAM STATISTICS: ESC Current Record Overall: 22 - 03 5 Aces 17 Kills Blocks: 7 Conf Record: 8 - 0
Serving: 46 For 47, 98 % Percent. Attacks: 38 / 45, Assists (Sets): 23
.222 Hitting Efficiency, Digs: 15
INDIVIDUAL STATISTICS: Serves For Aces
Attacks For Kills
Assists
Blocks
Digs
Merrin Blum (Sr)_____5______5____0____4____5________0_________________________________1__ Kyie Belt (Jr.)_______17______17___2___________________________10_____________1_________1__ Mak Ernst (Sr ) _____3_______3___0____12___14______5________________________2_________2__ Shae Blum (Sr)______10______10-__2____13___17______7________________________2_________2__ Shay Quirk (Sr) _____4_______4___0____________________________13____________1____ _______ Jenna Peters (Sr) _____4_______5___1_____7____7______3________________________1_________6_ Jaylynn Peters (Jr) _____________________________________________________________________2_ Kat Drost (Sr)_________1_______1__1______________________________________________________ Becca Carlson (Sr.) ____2________2___0______1_____1___1_____________________________________
Coaches Comments Below:

In game one we started off pretty strong. We passed well and set well which in turn led to a good powerful return of the volleyball to the other side. In game two the gals started out a little sluggish after a pretty tough bombardment offensively in game one. After trading points several times our gals kicked it in to gear.

(ESC Wins 2 0)
2) 25 - 17 Conf Record: 7 - 0 Date: 09 / 26 / 13 ESC At: Gowrie (Playing a 4 pod) vs- Sioux Central Rebels T.L. Conf Match: Game 1) 25 - 10 TEAM STATISTICS: Serving: 47 For 48, Attacks: 58 for 65, Assists (Sets): 19
ESC Current Record Overall: 21 - 03 98 Percent. 3 Aces 27 Kills
.308 Hitting Efficiency, Digs: 11 Blocks: 4
INDIVIDUAL STATISTICS: Serves For Aces
Attacks For Kills
Assists
Blocks
Digs
Merrin Blum (Sr)_____4_______4___0_____4______6_____2_______________________________1_______ Kyie Belt (Jr.)_________5______5___0_____0______0_____0________7_____________1________2_______ Mak Ernst (Sr ) _____21_____21___0_____9_____11_____3_______________________________2______ Shae Blum (Sr)________4______4___0____24_____28____11______________________________1______ Shay Quirk (Sr) ______10_____11__3______2______2____0________12___________________ _1_______ Jenna Peters (Sr) ______3_______3________19_____19____11____________________2______1.1__3 _ Jaylynn Peters (Jr) _______________________1______1_____0____________________________1________
Coaches Comments Below:

Sioux Central had a very talented team. That forced us to play at a higherlevel. We certainly jumped off to a good start in all of the areas.
WEEKLY STATS SHEET
Team Stats for:_East Sac County_JVR________ Date Opponent Points Scored Opp Score Rushing Attempts Rushing Yards Passing (Co-Att) Passing Yards Total Yards First Downs Penalties Penalty Yards Scoring Td 2pt Xp Punting Punts 3 9/26/13 OA-BCIG 0 12 34 112 0-8 0 42-112 yds Name Dylan Baumhover Punt Returns Ret Yards 1 5 Name Sam Scott Passing Co Att 0 8 Yds 0 Td Int 2
Name Dylan baumhover
Td
Td
Name
Fgs
Pts
Name Cameron Slagle
Yards 131
Name Cameron Slagle Name Trevor Aschinger Michael Green Sam Scott Dylan Baumhover Matt Marshall Nathan Kreft Trey Belt Rushing Rushes 19 6 4 2 1 1 1 Yards 93 20 -6 12 2 0 -9 Td Name
Kickoffs KO 1
Yards 50
Interceptions Int Yards
Td
Name
Receiving Rec. Yards
Td
Fumble Recoveries Name FR Yards Cameron Slagle 1 0 Konner Roth 1 0
Td
Sacks Name Sacks
Player Quentin Ackerman Cameron Slagle Konner roth Grant Gansmer Trey Belt Dylan Baumhover Kyle Kolbe Sam Scott Hunter Daisy Jacob Linder Trevor Aschinger Michael Green
Tackles Assist Solo 6 3 4 2 4 2 2 3 1 1 2 0 1 1 2 0 1 1 0 1 1 0 1 0
Total 9 5 4 4 3 3 3 2 2 2 1 1
Quentin Ackerman Blocked Punt
WEEKLY STATS SHEET
Team Stats for:______East Sac County_______ You 10 28 70 5-16 52 122 5 6 55 Scoring Td 2pt XP
M -A
Name Chris Villhauer Kidy Roth Alex Green
Receiving Rec Yds 2 31 2 17 1 4
Td 0 0 0
LgTd 0 0 0
Points Scored Rushing Attempts Rushing Yards Passing (Co-Att) Passing Yards Total Yards First Downs Penalties Penalty Yards Name Nick Snyder Dyllan Mahannah
Opp 13 68 305 3-6 61 366 16 11 105

Fg M-A
Name Carter Niehaus
Kick Returns KR Yds 1 30
Td 0
LgTd 0
Pts 6 4
Name Carter Niehaus
Punt Returns PR Yds 1 26
Td 0
LgTd 0
1 1-1 1-1
Name Tyler Jacobsen
Punting Punts 5
Yds 166
Long 38
Name Nick Snyder Tyler Jacobsen Chris Villhauer Alex Green Carter Niehaus
Rushing Rush Yds 11 38 10 28 4 4 2 1 1 -1
Td 1 0 0 0 0
LgTd 1 0 0 0 0
Name Dyllan Mahannah
Kickoffs KO 3
Yds 138
TB 0
Name
Interceptions Int Yds
Td
LgTd
Name Tyler Jacobsen
Passing Co Att 5 16
Yds 52
Td 0
Int 1
Defensive Fumble Recoveries Name FR Yds Td Caleb Heun 1 0 0 Alex Green 1 0 0 Taylor Duncan 1 0 0
LgTd 0 0 0
Tackle Stats Name Alex Green Nick Wright Taggart Phillips Chris Villhauer Cam Allen Zach Mason Nick Snyder Damon Cook Austin Brown Cory Carlyle Caleb Heun Carter Chedester Kody Roth Chris Conderino Austin Bruening Taylor Duncan
Tack 1 3 0 2 2 4 0 1 1 1 3 0 0 0 0 0
Ast 14 9 12 8 7 7 6 6 6 6 2 3 2 2 1 1
Sacks 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Tack for Loss 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0
Scoring: ESC: scored on a 1 yd run by Nick Snyder w/ 10:18 left in the 3 rd. PAT good by Mahannah ESC: scored on a 33 yd field goal by Mahannah w/ 6:07 left in the 3 rd. GH-V: scored on a 15 yd run w/ 3:46 left in the 3rd. PAT good GH-V:scored on a 3 yd run w/ 5:54 left in the 4th. PAT failed. Final: ESC 10 and Garner Hayfield/Ventura 13
Summary: GH-V: KO ESC: 4 plays, (-6 yds), 1:47- Punt GH-V: 1 play, (-2 yds), 0:06- Fumble- recovered by Alex Green ESC: 7 plays, 26 yds, 2:18- INT GH-V: 4 plays, 7 yds, 2:01- Punt ESC- 4 plays, (-1 yd), 1:57- Punt GH-V: 8 plays, 32 yds, 3:33- Punt ESC: 4 plays, 0 yds, 1:06- Punt GH-V: 15 plays, 96 yds, 6:58- Downs ESC: 4 plays, 2 yds, 0:28- Punt GH-V:14 plays, 55 yds, 3:49- End of Half Halftime- ESC 0 and GH-V 0 ESC- KO GH-V: 1 play, (-1 yd), 0:06- Fumble- recovered by Taylor Duncan ESC- 5 plays, 31 yds, 1:28- TD- 1 yd run by Snyder ESC- KO GH-V: 5 plays, 3 yds, 2:28- Fumble- recovered by Caleb Heun ESC: 6 plays, 30 yds, 1:33- FG- 33 yd FG by Dyllan Mahannah ESC: KO GH-V: 5 plays, 55 yds, 2:14- TD- 15 yd run GH-V: KO ESC: 9 plays, 38 yds, 3:02- Punt- downed at the 2 yd line GH-V: 15 plays, 98 yds, 6:50- TD- 3 yd run GH-V: KO ESC: 4 plays, (-2 yds), 1:51- Punt GH-V: 5 plays, 23 yds, 2:04- Downs ESC: 4 plays, 4 yds, 0:34- Downs GH-V: 3 plays, (-9 yds), 1:25- End of Game
East Sac County CSD Gross Wages Fiscal Year Ended 6/30/2013 Adams, Kimberly Altmanshofer, Dawn Anderson, Joshua Babe, Robert Barnes, Jeanne Barnes, Maggie Bass, Chris Baumhover, Kathy Berry, Deanna Berry, Dennis Bettin, Linda Bettin, Teresa Bieber, Kristan Bihrer, David Blum, Tonya Boger, Natasha Bontrager, Todd Braby, Kale Brotherson, Keith Brotherson, Patricia Brotherton, Hannah Bruce, Sammie Bruns, Dylan Bruns, Rosemary Buehler, Marilyn Bullock, Karen Bundt, Larry Burke, Kellie Buse, Marie Buse, Valerie Butterfield, Sherilyn Carlisle, Jennifer Carlson, Sara Cates, Donnavon Cleveland, Linda Coon, Gene Corbin, Irene Crabb, Kay Crabb, Sheri Crabb, Susan Cromwell, Robyn Daisy, Marcy Daisy, Zo DeBourgh, Jack Dettmann, Debbie Dettmann, Rebecca Drost, Julie Drost, Kim Duncan, Dale Eichhorn, Kerri Ellerbrock, Angela Ellis, Sam Engel, Micheala Erickson, Keith Ernst, Stacey Fiene, Kevin Fischer, Mike Fiscus, Christopher Frank, Sue Fredrichs, Janette Freier, Patricia Freimuth, Tiffany Frisbie, Chris Frohardt, Cathy Gastelum, David Gastelum, Renee Girard, Vickie Goddard, Erin Golwitzer, Jessi Gosch, Davanh Grote, Sheila Grundmeier, Sharmin Haberl, Colin Halbur, Rebecca Handley, Nancy Hanna, Kurtis Harman, Jennifer Harper, William Hauser, Karry Heino, Lynn 18,271.64 13,146.60 2,400.00 3,627.19 17,089.87 238.13 1,779.00 10,251.92 53,702.01 2,100.00 10,996.91 47,960.65 6,850.00 41,624.50 10,372.73 1,550.00 61,162.45 34,157.84 1,176.84 3,062.16 1,440.00 52,232.73 26,459.52 16,035.06 1,675.00 548.63 20,495.29 34,322.17 44,665.07 53,802.01 5,710.82 35,146.90 44,745.57 38,839.25 600.00 42,605.81 20,527.79 1,437.00 51,846.61 51,358.13 10,302.03 1,710.94 15,353.84 210.00 26,571.70 50,559.51 19,571.69 889.70 34,856.46 40,654.33 35,236.27 2,614.00 38,926.81 40,466.72 962.63 132,006.50 79,427.40 700.00 13,242.06 151.89 52,786.47 40,490.99 6,794.51 43,581.65 46,784.81 17,710.11 14,691.88 33,532.17 1,506.00 8,466.02 5,900.00 39,307.64 288.75 53,899.40 51,272.70 33,794.27 11,117.88 5,000.11 54,389.51 48,847.17 Hemer, Rachel Hinrichs, Mitchell Hoefling, Gretchen Howes, Julie Howes, Phil Hundling, Shelley Hunziker, Jessica Hunziker, Nancy Huster, Duane Irwin, Marieta Jacobsen, Tyler Jorgensen, Connie Julin, Abigail Kies, Lisa Knoke, Nicole Kock, Daniel Kock, Lanice Kolbe, Donna Kolbe, William Kraft, John Kraft, Linda Kreft, Sue Kroeger, Deanna Krukow, Kristina Kruse, Jean Langbein, Fern Litterer, Beth Litterer, Kevin Lowe, Jill Lubeck, Ann Lucas, Greg Luckow, Teresa Lynch, Jamie Mahler, Brian Maske, Alyssa McCollough, Eric McDonough, Scot McGinty Dawson, Jill Mcgivern, Jack Mein, Susan Meisheid, Wendy Meister, Melissa Meredith, Angela Meredith, Mitzi Meyer, Julie Miller, Amanda Miller, Judy Mork, Donita Mosiman, Kathryn Mueggenberg, Bonnie Murley, Kelly Naberhaus, K'Lee Naberhaus, Michael Nellis, Sally Niehaus, Jeffery Niehaus, Lauri Noll, Katie Norris, LuAnn Nuehring, Isabel Nuetzman, Holly Nuetzman, Steven Nurse, James Nyblom, Robert Obman, Eugene Olerich, Brenda Olhausen, Dennis Opsal, Ross Osbeck, Kellie Peters, Marilyn Peters, Mary Peterson, Bruce Petzenhauser, Charlotte Phillips, Marsha Pickhinke, Bonnie Pitstick, Lana Poen, Kristen Pudenz, Crystal Pudenz, Teresa Pullen, Dallas Quirk, Lisa 41,463.47 3,148.00 46,376.78 38,529.00 63,274.72 12,454.14 36,400.17 8,725.89 18,262.22 39,352.70 491.25 5,550.00 42,554.47 42,826.97 11,248.88 1,500.00 52,060.05 47,829.37 52,816.61 54,396.28 3,105.00 14,757.60 15,546.13 34,444.77 6,400.00 3,350.00 50,382.64 87,591.40 41,500.45 75,662.98 1,710.94 16,874.48 2,099.50 52,715.33 34,994.01 57,536.10 1,734.07 47,172.97 70,850.91 16,979.46 13,086.87 34,758.65 15,315.56 4,000.00 73,308.80 44,721.17 57,937.01 34,935.11 29,716.30 47,534.81 20,099.62 296.00 50,949.16 48,622.18 53,740.37 41,297.65 400.00 10,499.66 6,075.00 4,033.00 76,431.32 1,400.00 17,686.69 14,991.53 40,410.81 81,025.02 550.00 33,047.17 60,847.67 51,681.81 47,893.12 15,357.73 3,160.00 14,033.76 8,243.11 40,781.37 8,448.36 7,956.00 45,360.89 49,297.01 Rand, Erin Reiff, Carol Reiling, Broderick Reis, Terry Ricke, Jacob Riedell, Marjean Riley, Bill Riley, Jenny Riley, Whitney Rodman, Linda Rodman, Sara Rohlf, Cheryl Rossiter, Colleen Rupnow, Larissa Russom, Catherine Rust, Pam Ryan, Stacey Ryherd, Erin Salgado-Valtierrez, Melissa Schleis, Denise Schroeder, Alison Schroeder, Diane Schueneman, Stacey Schultz, Linda Schultz, Michelle Schwanz, Brenda Scott, Janice Scott, Marie Seieroe, Judith Sigler, Kelly Smith, Benjamin Smith, Connie Smith, John Smith, Tammy Sorenson, Sue Spanjer, Nancy Stark, Nancy Stock, Jenny Stohlmeyer, Erin Stribe, Kyle Strong, Susan Tellinghuisen, Brooke Tellinghuisen, Larry Thompson, Sharon Tiefenthaler, Phyllis Tigges, Teresa Treinen, Sarah Trost, Lori Unger, Taryn Vauble, Michael Villegas, Greg Villegas, Sarah Vine, Tammy Vogel, Connie Voyles, Sarah Waggie, David Waters, Denise Weeks, Jessica Wellington, Ben Wicker, Penny Widajewski, Jodi Wiener, Arnold Williams, Kathryn Wilson, Jessica Wilson, Lynne Wise, Benjamin Witte, Michelle Wittry, Karen Wollesen, Jennifer Wolterman, Beverly Woltman, David Wuebker, Cynthia Youll, Patti Zimmerman, Kathryn TOTAL 12,168.03 50,344.51 821.25 18,703.32 616.00 19,731.50 4,127.46 200.00 3,048.75 756.50 13,151.77 12,271.06 700.00 58,446.03 14,914.90 49,836.29 1,305.57 150.00 38,531.71 13,969.05 4,650.00 42,416.67 3,108.20 18,072.45 1,125.00 8,484.74 308.82 1,706.25 10,175.00 38,296.77 1,557.19 2,327.44 2,962.50 8,483.45 3,050.00 7,152.57 41,968.01 45,198.01 31,947.90 36,673.17 8,255.65 3,202.50 58,097.13 7,558.53 300.00 47,964.13 8,971.00 49,467.01 13,473.03 2,217.00 2,600.63 39,778.37 56,356.39 4,800.00 37,377.83 59,524.81 38,603.17 10,780.79 1,985.38 73,366.48 11,712.97 2,250.00 39,130.55 16,908.49 46,540.61 38,179.33 2,100.00 11,536.66 2,053.00 32,772.17 27,299.57 52,226.31 26,803.46 11,332.64 5,934,173.75
Minutes of the Organizational Meeting East Sac County Community School District Board of Education September 11, 2012
The organizational meeting was called to order by Secretary Kraft at 6:30 p.m. at the East Sac County Elementary School Sac City. Present were Drost, Lynch, Rodman, Stoltenberg, and Wilhelm. Also present were Principals Fischer and Olhausen, three visitors, and three media representatives. Kraft administered the Oath of Office to newly elected members Lynch and Stoltenberg. The floor was opened for nominations for office of President. Wilhelm nominated Rodman for President, Drost seconded the nomination. Drost moved nominations cease, Stoltenberg seconded; motion carried 5-0. Wilhelm moved to approve the appointment of Rodman as President, Drost seconded; motion carried 5-0. The floor was opened for nominations for office of Vice-President. Drost nominated Wilhelm for Vice-President, Rodman seconded the nomination. Stoltenberg moved nominations cease, Drost seconded; motion carried 5-0. Rodman moved approve the appointment of Wilhelm as Vice-President, Drost seconded; motion carried 5-0. Kraft administered the Oath of Office to the newly appointed officers. Dr. Fiene recommended the following appointments be made for the upcoming school year: Board Secretary-Treasurer - John Kraft Depositories and Accounts - Bank Midwest, Citizens Bank, Farmers State Bank, ISJIT(Iowa Schools Joint Investment Trust), Iowa State Bank, United Bank of Iowa, Westside Savings Bank. Each depository has a limit of $4 million. Legal Counsel - Ahlers and Cooney Regular Board Meeting Date and Time - Third Monday of each month at 6:00 pm Official Newspapers - Sac Sun, The Lake View Resort, The Chronicle Level I and II Investigators: Level I Investigators - Becky Halbur, Kristen Poen, Amanda Miller; Level II Investigators School Investigators of Iowa, Sac County Sheriffs Department, Lake View Police Department, Sac City Police Department Free/Reduced Lunch Steering Officer - Jennifer Carlisle Kids World Board Representative Amanda Lynch, Brent Wilhelm Sac Community Center Board Representative - Brent Wilhelm County REAP Commission Representative - Brent Wilhelm Wilhelm moved to approve the recommendations as presented and discussed, Drost seconded; motion carried 5-0.
The Board discussed the IASB Delegate Assembly. Drost volunteered to serve as the delegate for East Sac County CSD. The Board discussed the possibility of attending either the IASB or ISFIS fall workshops. The Board decided to attend the November 14 ISFIS Workshop in Carroll. The following contracts were presented for approval: Angela Horsley-Associate ($8.50/hr), David Kullick-Associate ($8.25/hr), Mollie Parmalee-Associate ($8.50/hr), Stacy SchuenemanAssociate ($8.50/hr), and Sarah Treinan-Associate ($8.50/hr). Drost moved to approve the contracts as presented, Stoltenberg seconded; motion carried 5-0. The next meeting is set for 5:00 p.m. on October 21st at the East Sac County High School Lake View. Wilhelm moved to adjourn, Drost seconded; motion carried 5-0. Meeting adjourned 6:50.
President______________________________
Secretary___________________________
Minutes of the Final Regular Meeting of Retiring Board East Sac County Community School District Board of Education September 24, 2013
The regular meeting was called to order by Brotherton at 6:00 p.m. at East Sac County Elementary School Sac City. Present were Brotherton, Drost, Huser, Rodman and Wilhelm. Also in attendance were Supt. Fiene, Principals Fischer and Olhausen, four visitors and three media representatives. The ESC Mission Statement was read to start the meeting. Wilhelm moved to approve the agenda as presented, Drost seconded; motion carried 5-0. The consent items were reviewed and discussed. Wilhelm moved to approve the bill to Albrecht Oil for $719.40, Huser seconded; motion carried 4-0, Drost abstained. Drost moved to approve the bills to Lake View Lumber and Wall Lake Lumber for $1,712.05, Rodman seconded; motion carried 4-0, Brotherton abstained. Drost moved to approve the remaining consent items including Minutes of the August 19 Regular Meeting, financial statements, and bills on account of $594,748.77, Huser seconded; motion carried 5-0. Dr. Fiene reported on the following items: Professional Learning Communities off to a good start, calendar committee will start meeting to work on the 2014-15 calendar, and shared an email from an officiating crew complimenting our football team. Brotherton read the official abstract of votes: Carnes-94, Crump-279, Lynch-421, Mahler-415, and Stoltenberg706. Lynch and Stoltenberg were elected to four year terms. Principal Olhausen gave a short update on the interventions and testing being done at the middle school. The Board was presented with updates to the Articles of Incorporation and By-Laws for the WLVA Foundation. Rodman moved to approve the updated documents for the WLVA Foundation as presented, Wilhelm seconded; motion carried 5-0. Huser moved to adjourn, Wilhelm seconded; motion carried 5-0. Meeting was adjourned 6:30 pm.
President______________________________
Secretary___________________________
East Sac County CSD Bills for Payment 9/24/2013

GENERAL FUND ADAMS, NATASHA ALBRECHT OIL APPLAUSE LEARNING RESOURCES APPLE INC. ART VIDEO WORLD BATZ, CHRISTINE BECKERS SCHOOL SUPPLIES BEN & STEPHANIE RENZE BLACK HILLS ENERGY BLI LIGHTING SPECIALISTS BOMGAARS SUPPLY INC BOOK SYSTEMS, INC. BOYINGTON HARDWARE BUSE,MARIE BUSE, VAL CARDMEMBER SERVICE CAROLINA BIOLOGICAL SUPPLY CARROLL CHAMBER OF COMMERCE CARROLL CLEANING SUPPLY CO. CDW-G CENTRAL IOWA DISTRIBUTING INC CHING, LUISA CHRONICLE, THE CITY OF LAKE VIEW CITY OF SAC CITY CITY OF WALL LAKE CLAIM AID COMMITTEE FOR CHILDREN CONTINENTAL RESEARCH CULLIGAN WATER CONDITIONING DAILY TIMES HERALD DANNCO DENNY'S DES MOINES REGISTER, THE DETTMANN, REBECCA DROST, RANDY EBERLE, RICHARD ECHO SUPPLY ESTES ROCKETS FARM BUREAU FINANCIAL SERVICES FELD FIRE FRANK, JEFF AND ELLEN FREE, KAREN FRONTIER COMMUNICATIONS GECRB/AMAZON GENERAL RENTAL GLASS, ABIGAIL HAAN CRAFTS CORPORATION HALEY EQUIPMENT CO. HOFFARD, DARCY HORACE MANN LIFE INS CO HOSTENG CONCRETE & GRAVEL INC HOUCHEN BINDERY IOWA ASSN OF SCHOOL BOARDS IOWA AUDITOR OF STATE REIMBURSEMENT FUEL CLASSROOM SUPPLIES COMPUTERS/TECH SUPPLY ART SUPPLIES NON-PUBLIC TRANSPORT REIMBURSE PRE-SCHOOL SUPPLIES NON PUBLIC TRANS REIMB NATURAL GAS ELECTRICAL SUPPLIES SUPPLIES RENEWAL SUPPLIES REIMBURSEMENT REIMBURSEMENT SUPPLIES/REGISTR VO-AG CLASS SUPPLIES ENTRY FEE MS & HS BANDS CLEANING SUPPLIES COMPUTERS/TECH SUPPLY SUPPLIES NON-PUBLIC TRANSPORT REIMBURSE LEGALS/ADS/PUBLICATIONS UTILITIES UTILITIES UTILITIES SERVICES ELEM CLASSROOM SUPPLIES CLASSROOM SUPPLIES SALT/SUPPLIES/REPAIRS SUBSCRIPTION RENEWAL PROTECTIVE EQUIPMENT FUEL SUBSCRIPTION MILEAGE REIMBURSEMENT PARTS/REPAIRS NON PUBLIC TRANS REIMB SUPPLIES HS SCIENCE SUPPLIES ANNUAL PREMIUM RENEWAL INSPECTIONS/SUPPLIES NON PUBLIC TRANS REIMB NON PUBLIC TRANS REIMB TELEPHONE SERVICE BOOKS/SUPPLIES SUPPLIES NON PUBLIC TRANS REIMB HOME EC PROJECTS SUPPLIES TRANSPORTATION REIMB TEACHER INS SUPPLIES TEXTBOOK REPAIRS ANNUAL DUES AUDIT FILING FEE 109.80 719.40 32.90 2,796.00 39.90 707.00 250.95 1,039.00 171.12 1,183.54 1,041.85 1,980.00 880.73 310.98 46.41 662.64 189.75 60.00 1,687.71 1,163.98 5,156.60 707.00 311.96 4,007.95 3,637.78 2,632.72 23.74 514.00 1,035.94 368.15 85.00 364.57 1,551.02 15.00 66.00 262.25 1,039.00 892.96 35.87 135.00 680.60 375.00 375.00 467.38 3,956.09 164.50 375.00 247.33 14.56 750.00 42.87 111.10 592.10 4,092.00 200.00
IOWA AUTOMOTIVE MACH & SUPPLY IOWA BANDMASTERS ASSOC., INC. IOWA COMMUNICATIONS NETWORK IOWA HIGH SCHOOL MUSIC ISFIS JAMBOREE FOODS JASON & JENNY TIEFENTHALER JERRY'S PLUMBING, HEATING, AIR JOHN & MONICA HEALY JOHN DEERE FINANCIAL JOSTENS KASPERBAUER CLEANERS, INC. KILBRIDE, SANDRA KING WELDING & REPAIR, LLC KING, TONI KNOBBE, TRAVIS & SARA LAKE VIEW FOODS LAKE VIEW HARDWARE HANK LAKE VIEW LUMBER CO. LAKE VIEW RESORT LAMAAK, MELISSA LARRY BECKMAN MOTORS LEARNING A-Z LUCAS, GREG MANSON NW WEBSTER COMM. SCHOOL MARCO MARK J. BECKER & ASSOCIATES, MATHESON TRIGAS DBA LINWELD MID COUNTRY MACHINERY, INC. MIDAMERICAN ENERGY CO. MIKE NABERHAUS MILLER, AMANDA MOHR, LARRY MORNINGSIDE COLLEGE MOSIMAN, KATHRYN NEW OPPORTUNITIES, INC NIELAND, JAMIE NORTHWEST IOWA BANDMASTERS O'HALLORAN INTERNATIONAL PIONEER MANUFACTURING CO. PITNEY BOWES PRAIRIE LAKES AEA PUGH, ANN QUALITY SIGN & DESIGN REGION XII REIS, TERRY RESERVE ACCOUNT RIDDELL/ALL AMERICAN SPORTS RIEMAN MUSIC RINGGENBERG, BEN RUDD SANITATION RECYCLING RUST,PAMM RUTTEN VACUUM CENTER, INC. SAC CITY FOOD PRIDE SAC COUNTY SOLID WASTE SAC COUNTY TREASURER SAC SUN, THE SARGENT-WELCH SCHOOL ADMINISTRATORS OF IOWA SCHOOL BUS SALES COMPANY SCHOOL SPECIALTY
PARTS/SUPPLIES MEMBERSHIP NETWORK SERVICE MEMBERSHIP/SUPPLIES PURCHASE SERVICES FOOD/SUPPLIES NON-PUBLIC TRANSPORT REIMBURSE REPAIR PARTS NON PUBLIC TRANS REIMB EQUIPMENT/PARTS/REPAIRS GRDS DIPLOMAS/COVERS UNIFORM CLEANING NON-PUBLIC TRANSPORT REIMBURSE WELDING/REPAIRS NON PUBLIC TRANS REIMB NON PUBLIC TRANS REIMB FOOD/FCS SUPPLIES SUPPLIES LEGALS/ADS NON PUBLIC TRANS REIMB PARTS/REPAIRS RENEWAL NON PUBLIC TRANS REIMB TUITION COPY SUPPLIES ANNUAL SUBSCRIPTION SERVICES AG SUPPLIES PARTS FOR REPAIRS ELECTRICITY REIMBURSEMENT REIMBURSEMENT NON-PUBLIC TRANSPORT REIMBURSE SCHOLARSHIP - M.GREGG REIMBURSEMENT PRE-SCHOOL ON-LINE ASSESSMENT NON PUBLIC TRANS REIMB MEMBER DUES BUS REPAIRS/PARTS/SUPPLIES PARTS/SUPPLIES METER LEASE SUPPLIES/BANDWIDTH/PURCH SERV NON-PUBLIC TRANSPORT REIMBURSE MATERIALS TRANSIT SERVICE REIMBURSEMENT POSTAGE SUPPLIES MS/HS BAND SUPPLIES & SERVICES GARBAGE COLLECTION TEXTBOOK REIMBURSEMENT SUPPLIES/PARTS/REPAIRS FOOD/SUPPLY DISPOSAL PROPERTY TAXES PUBLICATION/LEGALS/RENEWALS/AD HS SCI MATERIALS CONFR REGISTR/DUES/FEES SUPPLIES SUPPLIES
1,336.87 55.00 1,332.92 141.00 360.00 25.41 707.00 111.50 1,371.00 343.85 31.25 443.20 375.00 12.50 1,039.00 1,039.00 326.99 396.70 1,527.56 158.85 375.00 1,060.23 203.85 1,039.00 3,611.22 974.93 2,850.00 225.23 383.03 3,046.00 29.66 32.45 1,371.00 670.00 82.50 783.75 375.00 10.00 1,539.42 428.40 132.93 2,128.64 1,371.00 25.00 1,208.34 75.00 3,000.00 808.00 1,679.64 252.00 165.00 684.48 1,333.71 80.86 447.44 1,036.00 826.67 673.34 482.00 271.53 1,073.78
SECRETARY OF STATE SIOUX CITY COMMUNITY SCHOOLS SOUTH HAMILTON CSD SPEED'S AUTOMOTIVE SUPPLY, INC STAR ENERGY, LLC STORM LAKE COMMUNITY SCHOOL THOMAS BUS SALES, INC UPTOWN SPORTING GOODS US CELLULAR VERIZON BUSINESS VERIZON WIRELESS WALL LAKE HARDWARE WALL LAKE LUMBER COMPANY WILLIAM V MACGILL & CO. WILLIAMS, KATHRYN WINDSTREAM
NOTARY RENEWAL BILLING FOR BOYS & GIRLS HOME SPED PURCHASED SERVICES PARTS/SUPPLY FUEL SPED TUTION (PRIOR YR) PARTS/SUPPLIES SUPPLIES CELL PHONE LONG DISTANCE CELL PHONES MISC SUPPLIES MISC SUPPLIES NURSE SUPPLIES REIMBURSEMENT LV PHONE
30.00 166.70 12,260.64 493.84 2,364.73 16,854.82 1,235.12 2,058.95 512.86 62.99 815.39 544.09 184.49 1,016.16 145.75 82.26 137,169.12
ACTIVITY FUND ABERSON, BERWYN ABRAMS, ERIC AGILE SPORTS TECHNOLOGIES ARTWORX BARBER, JUSTIN BARRINGER, DALE BELL, TIM BEVINS, LARRY BOMGAARS SUPPLY INC BROWN, DOUG BSN SPORTS CALEY, MIKE CARDMEMBER SERVICE CASH CEV CHICAGO BULLS COENEN, RUSS CRAWFORD, RICK CRECHTON, MONTE DECKER SPORTING GOODS EAST SAC COUNTY SCHOOLS GALVA-HOLSTEIN COMMUNITY GOEBEL, MIKE HACKBARTH, MITCH HARLAN COMMUNITY SCHOOL HARMS, JIM HEISCHMAN, DON HENRICH, MIKE HEUTON, JAKE HUMMERT INTERNATIONAL IOWA BASKETBALL COACHES ASSOC. IOWA GIRLS COACHES ASSOC. IOWA GIRLS H.S. ATHLETIC UNION IOWA SCALE COMPANY JAMBOREE FOODS JENSON, DOUG KUEMPER CATHOLIC SCHOOLS LAKE VIEW FOODS LAKE VIEW HARDWARE HANK LARSON, FLIP
OFFICIAL FB OFFICIATE SPORTS VIDEO SUPPLIES FB OFFICIATE OFFICIAL FB OFFICIAL FB OFFICATE SUPPLIES FB OFFICIAL ATHLETIC EQUIPMENT FB OFFICIATE SUPPLIES/REGISTR START UP $ AG SCIENCE LICENSE RENEWAL CHICAGO TRIP FB OFFICIATE FB OFFICIAL FB OFFICIAL ATHLETIC SUPPLIES INTERFUND TRANSFER ENTRY FEE TRACK STARTER HS FB OFFICIATE VB ENTRY FEE FB OFFICIAL FB OFFICIATE FB OFFICIATE FB OFFICIAL GREENHOUSE SUPPLIES ANNUAL MEMBERSHIP RENEWAL GIRLS BASKETBALL REGIONAL HOST TEST/CERTIFY WRESTLING SCALE FOOD/SUPPLIES FB OFFICIATE ENTRY FEE CC FOOD SUPPLIES OFFICIATE
95.00 95.00 1,600.00 358.50 95.00 85.00 210.00 95.00 188.39 95.00 706.20 95.00 67.03 2,470.00 850.00 2,030.00 95.00 350.00 210.00 1,961.00 420.61 170.00 85.00 95.00 80.00 350.00 95.00 95.00 95.00 2,439.17 75.00 75.00 100.00 85.00 893.34 95.00 75.00 259.99 9.36 85.00
LINDSTRUM, JAY LOOS, PAUL LORD, MIKE LYNCH, PAUL MANDERNACH, GRANT MANSON NW WEBSTER COMM. SCHOOL National FFA Organization NIELSEN, JOHN NUETZMAN, MATT PRAIRIE VALLEY CSD RAGALLER, MARK RIDGEVIEW CSD RIES, TOM RUST, MIKE SAC CITY FOOD PRIDE SAC SUN, THE SCHAEFER, MARK SCHOENROCK, BOB SCHOENROCK, RAY SNAPPY POPCORN CO., INC. SOUTH CENTRAL CALHOUN STORM LAKE COMMUNITY SCHOOL TLC ATHLETIC COMMISIONER TROST, STEVE UMSHEID, BRANDON Uptown Sporting Goods WAHLER, DAVID WAL-MART COMMUNITY WALL LAKE FARM FESTIVAL WALSH, JOHN WATCH D.O.G.S. WATTERS, TERRY WEADE, LARRY WHITE, TOBY WIENER, ARNOLD Wise, Benjamin ZIEGMANN, DUANE
V FB OFFICIATE OFFICIAL FB OFFICIATE OFFICIAL FB OFFICIATE ENTRY FEES FFA EXPENSE FB OFFICIAL FB OFFICIATE VB ENTRY FEES FB OFFICIAL ENTRY FEES HS FB OFFICIATE V FB OFFICIATE FOOD/SUPPLY PUBLICATION/LEGALS/RENEWALS/AD OFFICIAL FB OFFICIATE FB OFFICIATE CONCESSION SUPPLIES ENTRY FEE ENTRY FEE TWIN LAKES CONFR VB GATES OFFICIAL FB OFFICIATE SUPPLIES FB OFFICIATE MS VENDING SUPPLIES SUPPLIES FB GAME OFFICIAL RENEWAL/SUPPLIES VB OFFICIATE VB OFFICIAL FB OFFICIATE OFFICIAL REIMBURSEMENT OFFICIAL
95.00 95.00 95.00 255.00 95.00 126.00 150.00 210.00 95.00 75.00 210.00 75.00 95.00 95.00 409.13 24.00 255.00 95.00 95.00 198.00 245.00 80.00 400.00 420.00 95.00 421.00 95.00 2,100.00 94.00 140.00 475.46 85.00 85.00 95.00 375.00 118.12 350.00 25,944.30
MANAGEMENT FUND BANK MIDWEST INSURANCE - WL IOWA WORKFORCE DEVELOPMENT SU INSURANCE COMPANY
ANNUAL LIAB/PROP PREMIUM INSURANCE FEES EQUIPMENT INSURANCE
207,156.00 635.94 21,562.75 229,354.69
PPEL FUND CDW-G
COMPUTERS/TECH SUPPLY
6,566.65 6,566.65
LOST FUND ALL CAMPUS SECURITY AMERICAN CONCRETE PRODUCTS, CARDMEMBER SERVICE CARROLL CONTROL SYSTEMS CARROLL PAINTING CO.
EQUIPMENT CONCRETE SUPPLIES/REGISTR PARTS/REPAIRS/LABOR MS PARKING LINES
13,522.60 1,036.00 808.05 32,000.00 1,602.00
CDW-G Central Lock and Key, Inc. IOWA COMPUTER DEPOT J.W. READY MIX & CONST INC LOHRMANN ELECTRIC MENARDS MGM PLUMBING & HEATING SAC COMMUNITY RECREATION CTR. SCHOOL SPECIALTY SCHUENEMEN, ROBERT SERVER WORLDS VIDEO INSIGHT, INC.
COMPUTERS/TECH SUPPLY SECURITY SYSTEM COMPUTERS/SUPPLIES GROUNDS/DIRT/SAND ELECTRICAL SUPPLIES SUPPLIES PLUMBING SUPPLY BLDG RENT SUPPLIES CONTRACTED TECHNOLOGY SERVICEES EQUIPMENT VIDEO CAMERAS
917.83 73,992.28 1,449.94 554.88 6,300.00 506.17 1,355.83 15,000.00 12,991.88 7,700.00 1,755.00 565.25 172,057.71
NUTRITION FUND ANDERSON ERICKSON DAIRY CO CENTRAL IOWA DISTRIBUTING INC EARTHGRAINS COMPANY, THE LAKE VIEW FOODS MARTIN BROS. DIST. CO. SAC CITY FOOD PRIDE VENDNET
MILK SUPPLIES FOOD FOOD FOOD FOOD/SUPPLY VENDING MACHINE PARTS MS
3,329.17 1,179.00 894.68 27.97 18,095.50 41.50 88.48 23,656.30
594,748.77

October 1, 2013

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TABLE OF CONTENTS ALL PEOPLE ACCUSED OF CRIMES ARE CONSIDERED INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.

E-FILED 2013 SEP 20 1:03 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 20 1:12 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

CITY OF SAC CITY Plaintiff vs

Case No. 02811SCSMCR012418

Summons or Citation MINDY J ENGLAND Defendant

E-FILED 2013 SEP 22 9:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:48 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

CITY OF SAC CITY Plaintiff vs

Case No. 02811SCSMCR012423

Summons or Citation MINDY J ENGLAND Defendant

E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:13 AM SAC - CLERK OF DISTRICT COURT

Electronically signed on 2013-09-23 10:13:05

E-FILED 2013 SEP 25 8:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 25 8:58 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:13 AM SAC - CLERK OF DISTRICT COURT

Electronically signed on 2013-09-23 10:13:05

E-FILED 2013 SEP 25 8:41 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 25 8:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:16 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:16 AM SAC - CLERK OF DISTRICT COURT

Electronically signed on 2013-09-23 10:16:19

E-FILED 2013 SEP 25 8:38 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 25 9:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 22 9:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:16 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 23 10:16 AM SAC - CLERK OF DISTRICT COURT

Electronically signed on 2013-09-23 10:16:19

E-FILED 2013 SEP 25 8:37 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 25 8:59 AM SAC - CLERK OF DISTRICT COURT

Wall Lake, Iowa

September 23, 2013

7,706.79 56,417.88 178.02 2,258.00 1,670.95 38.03 188.88

E-FILED 2013 APR 16 11:05 AM SAC - CLERK OF DISTRICT COURT

NOTICE REGARDING ELECTRONIC FILING

New rules apply to electronically filed cases.

You must protect private information when using EDMS.

Training and technical support are available for EDMS.

E-FILED 2013 APR 16 11:05 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 11:05 AM SAC - CLERK OF DISTRICT COURT

NOTICE REGARDING ELECTRONIC FILING

New rules apply to electronically filed cases.

You must protect private information when using EDMS.

Training and technical support are available for EDMS.

E-FILED 2013 APR 16 11:05 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 11:22 AM SAC - CLERK OF DISTRICT COURT

NOTICE OF DISCOVERY REQUEST

E-FILED 2013 APR 18 10:54 AM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

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

Docket Code = OSTR

E-FILED 2013 MAY 20 10:32 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 20 10:32 AM SAC - CLERK OF DISTRICT COURT