IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C....

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Transcript of IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C....

Page 1: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois
Page 2: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

IN THE IOWA DISTRICT COURT FOR SAC COUNTYPlaintiff(s) CACH, LLC(Name)

(Address) ________________________________________ (Name) ________________________________________ (Address) vs. Defendant(s) AMY BRANNAN(Name) 404 S MAPLE ST PO BOX 429 ODEBOLT, IA 51458(Address)

(Name)

(Address)

Original Notice and Petition for a Money Judgment

Small Claim No. _____________________

If you need assistance to participate in court due to a disability, call the disability coordinator at _________________. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.

To Defendant(s):

1. You are notified that Plaintiff(s) demand(s) from you the principal amount of $1,303.38, with interest in the amount of $329.85, plus court costs based on your failure to make payments to Citicorp Trust Bank, Plaintiff's assignor, when due.

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.

DATED: September 16, 2013CACH, LLC, Plaintiff,

By: /s/ John T. Rogers___________________John T. Rogers, #AT0010741John C. Bonewicz, P.C.350 N. Orleans St. Suite 300Chicago, IL 60654866-427-4027

E-FILED 2013 SEP 30 12:32 PM SAC - CLERK OF DISTRICT COURT

Page 3: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

E-FILED 2013 SEP 30 12:32 PM SAC - CLERK OF DISTRICT COURT

Page 4: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

E-FILED 2013 SEP 30 12:32 PM SAC - CLERK OF DISTRICT COURT

Page 5: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

CACH, LLC(Name) _______________________________________ (Name) vs. Defendant(s) AMY BRANNAN(Name)

(Name)

Verification of Account,Identification of Judgment

Debtor, and CertificateRe Military Service

Case No. _____________________

For Defendant: AMY BRANNAN(This form required for each Defendant.)

1. I, Ashonda Walker, am a party or an employee of counsel for 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 creditor’s records showing the balance due is true and correct. I further state that the sum of $1,633.23 is the balance due and owing as of September 16, 2013 from Defendant(s) to Plaintiff(s) and any interest amount owing is accurately stated in the Petition or Original Notice.

2. I further state that Defendant resides at 404 S MAPLE ST PO BOX 429 ODEBOLT, IA 51458, is employed at unknown, and Defendant’s occupation is unknown.

3. Check A, B, or C for Defendant: A. þDefendant is not in the military service of the United States government, I have verified this

fact by (check one): þChecking 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. oContacting Defendant who informed me. oRegularly seeing Defendant and believing Defendant is not active in the U.S. military.

OR B. oI have investigated, and I am unable to determine whether or not Defendant is in the military service of the United States government. OR C. oDefendant is in the military service of the United States government. 4. I also state to the best of my knowledge (check one):

Defendant ois þis 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.

DATED: September 16, 2013CACH, LLC, Plaintiff,

By: /s/Ashonda Walker______________Ashonda Walker, ParalegalJohn C. Bonewicz, P.C.350 N. Orleans St. Suite 300Chicago, IL 60654866-427-4027

E-FILED 2013 SEP 30 12:32 PM SAC - CLERK OF DISTRICT COURT

Page 6: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

E-FILED 2013 SEP 30 12:32 PM SAC - CLERK OF DISTRICT COURT

Page 7: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

E-FILED 2013 SEP 30 12:32 PM SAC - CLERK OF DISTRICT COURT

Page 8: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

E-FILED 2013 SEP 30 12:32 PM SAC - CLERK OF DISTRICT COURT

Page 9: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

*A*!*-- 102* * *

John C. Bonewicz, P.C.Attorney At LawJohn C. Bonewicz* 350 N Orleans St.*Admitted in Illinois Suite 300John T. Rogers** Chicago, IL 60654(Of Counsel) Telephone (224) 534-8030** Admitted in Nebraska and Iowa Toll Free (800) 700-2106

Telefax (312) 464-0207__________________________________________________________________________________________

February 01, 2013

AMY BRANNAN404 S MAPLE ST PO BOX 429ODEBOLT, IA 51458

Our records indicate that you are in default on the following described credit transaction:

Creditor: CACH, LLCAccount No.: 120016706719Original Creditor: Citicorp Trust BankOriginal Creditor Account No.: 6034590258016838Current Balance Due: $1,633.23Date of Last Payment to Original Creditor: July 08, 2011

You are in default of this account for failure to make payments when due. You have a right to correct this default as set forth below. If you do so, you may continue making payments until the current balance is paid in full as though you did not default. In order to correct this default, you must make the following CURE PAYMENT by the DUE DATE described below:

CURE PAYMENT: $195.99DUE DATE: March 03, 2013

You must make your payment payable to CACH, LLC and deliver it to:

John C. Bonewicz, P.C.350 N. Orleans St. Suite 300Chicago, IL 60654

IF YOU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE OUR RIGHTS AGAINST YOU UNDER THE LAW. If you default again in the next year, we may exercise our rights without sending you another notice like this one. If you have questions, please contact John C. Bonewicz, P.C., toll-free, at 800-700-2106.

Very Truly Yours,

John T. Rogers, Esq.John C. Bonewicz, P.C.

This communication is from a debt collector and is an attempt to collect a debt.

E-FILED 2013 SEP 30 12:32 PM SAC - CLERK OF DISTRICT COURT

Page 10: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

E-FILED 2013 OCT 10 9:39 AM SAC - CLERK OF DISTRICT COURT

Page 11: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

Notice Id: 2JUDFL

IOWA DISTRICT COURT FOR SAC COUNTY CACH LLC Plaintiff(s), vs. AMY LYNN BRANNAN Defendant(s).

Case No: 02811 SCSC015347 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 notbeen filed and the Court is able to determine the appropriate relief from a review of the filings. Defaultjudgment 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 thedefendant in the amount of $1,303.38 with interest at the rate of 2.12% from September 30, 2013,and court costs. Docket Code = JDEF

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E-FILED 2013 OCT 30 10:25 AM SAC - CLERK OF DISTRICT COURT

Page 12: IN THE IOWA DISTRICT COURT FOR SAC COUNTYdocshare04.docshare.tips/files/18146/181467215.pdfJohn C. Bonewicz, P.C. Attorney At Law John C. Bonewicz* 350 N Orleans St. *Admitted in Illinois

State of Iowa CourtsCase Number Case TitleSCSC015347 CACH, LLC VS. AMY BRANNANType: JUDGMENT DEFAULT

So Ordered

Electronically signed on 2013-10-30 10:24:41

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E-FILED 2013 OCT 30 10:25 AM SAC - CLERK OF DISTRICT COURT