Sac City Man Pleads Guilty to OWI 2nd Offense b

8/13/2019 Sac City Man Pleads Guilty to OWI 2nd Offense b

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E-FILED 2013 AUG 27 12:51 AM SAC - CLERK OF DISTRICT COURT



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs. JOSEPH DONALD JACOBSEN , Defendant.

Case No: 02811 OWCR012411

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen 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 canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper 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 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 - Minimum days 2 Years Prison And/Or a fine of not less than $1,875 or more than $6,250 plus 35% surcharge and courtcosts You will lose your license for a minimum of 365 days and cannot obtain a work permit for days.

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes 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 your 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 NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation 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 hearingis: Waived

Preliminary Hearing is scheduled on 09/16/2013 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED. 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 DefendantDefendant 2 of 4




Sac County Sheriff

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State of Iowa Courts

Case Number Case TitleOWCR012411 STATE VS JOSEPH DONALD JACOBSEN

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-08-27 09:42:09

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IN THE IOWA DISTRICT COURT FOR DICKINSON COUNTY

THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.OWCR012411)

Vs. ) Appearance and Waiver of) Preliminary Hear

JOSEPH DONALD JACOBSEN ))

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on behalf of the above-named defendant and on behalf of the defendant, waives preliminaryhearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C421 Main St., PO Box 392Sac City, IA 50583Phone: (712) 662-4715Fax: (712) 662-4884

Original filedCopy to: County Attorney

E-FILED 2013 SEP 16 3:22 PM SAC - CLERK OF DISTRICT COURT



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. OWCR012411 Plaintiff, vs. TRIAL INFORMATION

JOSEPH DONALD JACOBSEN,DOB: 03/24/1955 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowaand in the name and by the authority of the State of Iowa, accuses Defendant, JosephDonald Jacobsen of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE ,an Aggravated Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: The said Defendant, Joseph Donald Jacobsen, on or about August 26, 2013, in theCounty of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by oneor more of the following means:

a. While under the influence of an alcoholic beverage or drugs or a combination of such

substances;

b. While having an alcohol concentration of .08 or more as measured in the person's

breath, blood or urine;

c. While any amount of a controlled substance is present in the person as measured in

the person's blood or urine. And Defendant having been convicted of the crime once before; the said Joseph

Donald Jacobsen having been convicted of the crime of Operating While Intoxicated in SacCounty Iowa, Sac County District Court Cause No. OWCR010841 on June 18, 2007.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

mailto:[email protected]

mailto:[email protected]




Type: Approval of Trial Information


On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-09-24 13:47:06 page 2 of 2




IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012411 Plaintiff,

vs. JOSEPH DONALD JACOBSEN Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

KRISTAN ERSKINE, DEPUTY, Sac County Sheriff's Department

JAMES A. BLESKACEK OR MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,CRIMINALIST, Iowa Department of Public Safety, Criminal Investigation Division,Criminalistics Laboratory

DONNA GEERY, CLERK OF COURT, Sac County Iowa District Court




IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

VS.

JOSEPH DONALD JACOBSEN,Defendant.

CRIMINAL NO. OWCR012411

ORDER SET ARRAIGNMENTAND APPROVE BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unex lained, to !arranta conviction in a trial b" #ur", therefore, this matter shall be set for Arrai$nment.

IT IS ORDERED, the Defendant shall ersonall" a ear for Arra !"#$"% at theSac %ount" %ourthouse, District %ourtroom, Sac %it", Io!a on the &%' da" of O(%)*$r201+ a% -00 a.#. .

The Defendant is advised that failure to a ear !ill result in the issuance of anarrest !arrant.

IT IS FURTHER ORDERED, the Defendant&s bond and conditions for releasefrom custod" in this matter shall be'

Defendant is released on ersonal reco$ni(ance.)ond is set in the amount of *++++++++++++++++.)ond ma" be unsecured.)ond must be cash or secured in the amount of the )ond.

- cash ma" be osted.B)" /r$ ) 3 $% 'a33 ()"% " $.%ler/ of %ourt shall issue a summons for Defendant to A ear.%ler/ of %ourt shall issue an arrest !arrant.O%'$r C)" % )" )5 R$3$a $-

D$5$" a"% 'a33 )*$ a33 F$ $ra3, S%a%$, a" L)(a3 3a6 .The Defendant shall have no contact !ith the victim or an" !itness set

forth in the minutes of evidence in this matter.The Defendant shall be on re0trial su ervision to the Second 1udicialDistrict De artment of %orrectional Services.





Type: ORDER FOR ARRAIGNMENT


So Ordered




IN THE IOWA DISRICT COURT FOR SAC COUNTY

STATE OF OWA.

Vs .

.TOSEPH ONALDJACOBSEN

Defendant

)

))))

CRIMINAI, O OWCRO1241

WRITTENARRAIGNMEN'f.

PLEA OF NOT GUILI'Y

Date Trial Intbrmation lea: ?kr//t3

COMES NOW the Defendant r.r he above-captioncd riminal case and under oath stales:

l. I am represented y Attorne) Charles . Schulte. whose address nd phone number ar c421 Main St . . PO Box 392. Sac Cit -v. A. 50583; 712) 662-4715.

2. My current mailing and esidence ddress ncl hone number are 3045 Wadsley Ave.SacCit .v, A50583. Myphoncnumberis : 712)662-1178. -vdatcof bir this03-24-1955. can ead and understand he English anguage trd have completed he ollowinglevel ofeducation: 2 Years.

'1. I have been advised y my attorne-v nd understand hat I have a right to araignmentin open Court, and voluntaril.v 'aivc that ight. choosing nstead o sign his WrittenArraignment nd Plca of Not Guilty. I understand hat imes or further proceedingswhich are computed iom the date ofarraignment vill be computed iom thc date ofliling this Written Arraignmcnt nd Plea of Not Guiltl .

5. l.rave eceived copy of the l rial Information wtrich charges meq'itl.r

he crime ofCOUNT I: OPERATING WHILE INTOXICATED - 2"u OFFENSE in violation ofIowa Code Sect ion 21J .2 .

6. With regard o the namc by which I am charged n the Trial L.rlbrmatio n either cbeck"a" or check and complete b"):

(tu. fn" namc rn he't'rial nformation s my true name. I have been advisedand untlerstand hat enl nor,i precluded rom objccting o the Trial Inlbrmation upon heground hat I am ir.r.rproperly amed.

( )b. The name shou'n on the Trial Inlbrmation s not m 'true namc. My truename s. I rcquest hat an entry be made n the minutes howing my tru e narrie. halebccn advised nd understand ufiher proceedings ill be had against mc by that namc.the -rial Inlbrmation i'ill be amcnded ccordingll. and when hc Trial Information s soamended, r'villbc precluded iom objecting pon he grounds am rnpropcrll named.

7. I havc been advised nd undcrstand hat may'plead uilt.v. ot guilty or lormerconr,iclion r acquittal.

E-FILED 2013 OCT 07 3:37 PM SAC - CLERK OF DISTRICT COURT



8. For he purpose fthis arraignment. have had sufllcicnt ime to discuss my case 'ithmy attorney. nd waivc any urlher ime n u'hich o enter a plea.

9. I plcad NOT GUILTY to the charges n paragraph abovc.

10. I have been advised nd understand hat havc a right under Rule 2.33(2)(b) ftheIov'a Rules ol'('riminal Procetlure o a trial within ninely da1-s(rne car after he filing ofthe frial Infomation and check either a" or "b"):

1 ( a. demand peedy rial pursuant o Rule 2.33(2)(b) nd c) .I

( ) b. I waive my right o a spcedy rial pursuant o Rule 2.33(2Xb) nd c) .

11. I request hat a trial date be set pursuant o Rule 8.1 ofthe lovzr Rules o/ ('riminal

Procetlure. My attorney nd r.villbe available br trial on the bllorving days: An.v

Time.

Attomev fbr

Original to be filed with Clerk of CourtCopy provided to :Sac Countl' Attorne 'PO Box 92Sac Citv. IA 50583

E-FILED 2013 OCT 07 3:37 PM SAC - CLERK OF DISTRICT COURT



2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs. JOSEPH DONALD JACOBSEN ,

DEFENDANT.

Case No. 02811 OWCR012411

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 7, 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 Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on November 5, 2013, at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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 depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State maydepose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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E-FILED 2013 OCT 08 9:48 AM SAC - CLERK OF DISTRICT COURT



CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-10-08 09:48:35

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IN THE IOWA DISTRICT COURT N AND FOR SAC COUNTYSTATE OF IOWA,

Plaintifi

vs .

JOSEPH DONALDJACOBSEN,DOB 03t24/1955,

Defendant.

No. OWCROI24l

GUILTY PLEAAGGRAVATED ISDEMEANOR-

Counl l- OWt 2 Offense

COLINT I

COMES NO\\'the Def-':ndant n the:bovc action and states hat I ha',,e ,:en charsedwith OPERATING A MOTOR VEHICLE WHILE INTOXICATED - 2NDOFFENSE, anAggravated Misdemeanor, n violation of Iowa Code Section 21J.2, and I hereby equest ha tmy plea of guilty o the charge e entered f record.

In support of my guilty plea, state hat fully understand nd have been advised y myattomey f the follorving ights:

That I have he right to pro ceed with a plea of not guilty and compel he State of lowa to provemy guilt to the unanimous atisfaction f a trvelve-pcrson ury in a speedy nd public rial;

That I have he right to remain silent and could not be forced o testify or incriminate myself nany manner; nd hat f I exercised my right to remain silent; his could not be used against meand he State would be prohibited iom commcnting n my silence;

That I have he right to be represented y a n attorney hroughout he entire ria l, and if I amunable o afford an attomey, he Court would appoint one to represent me at public expense;

That I havc hc right to cross-examine ll witnesses gainst me and o present vidence. fany,on m1, wn behalf':

That am presumed nnocent ntil the State proves, fever, that I am guilty beyond a reasonabledoubt; and

That have he right o subpocna itne sses o appear nd estify on my behalf.

I have also been advised hat the above-stated tfense s an Aggravated Misdemeanor wliichcarries maximum penalty of imprisonment ot to exceed wo (2) years or a $6,250 ine withsurcharges f 35% and $10.00 DARE thereon or both; I understand here s a seven 7) dayminimum ail sentence; further understand hat he minimum fine is $ ,875 plus surcharges f35% and $10.00; and that I may be required o make restitution of pecuniary damages o anyvictim of this crime and o courl-appointed ttorney ees, f any, and pay the court costs. I maybe required o attend substance buse reatment or education lasses. n addition, may berequtred o pay correctional ees or incarccration nd enrollment ees or sup ervised robation.

E-FILED 2013 NOV 07 9:49 AM SAC - CLERK OF DISTRICT COURT



I have been nformed hat there may be effects o my license ncluding suspension, evocationsand barments ecause f this plea. I have ikewise been nformed hat other sentencing ptionsmay be available o the Court, including but not limited to the deferral of Judgment andSentence, he grant ofprobation and he suspension fsentence mposed.

I now state o the Cour1 hat I am, in fact GUILTY and that no threats or promises have been

made o induce me to enter my plea of guilty. I have been nlormed hat the elements f thecrime are: that I operated a motor vehicle (l) while under the influence of an alcoholicbeverage r other drug or a combination of such substances; r (2) while having an alcoholconcentration of .08 or more; or (3) lvhile any amount of a controlled substance s presentin my person as measured n my blood or urine. And that I have a prior conviction ofthecrime Operating While lntoxicated. I understand he nature f the charge gainst me .

the influence of alcohol and was intoxicated at the time when I was driving and didhave a blood alcohol concentration of .169 BAC. And I was convicted f the crimcOperating While Intoxi catcd n Sac Counrr- owa, in Sac Countv District Court case #OWCR0l084lon hc l8' dav ofJune 2007. There s a factual basis or my plea of guilty andthere s no reason why I should not plead guilty.

I hereby state hat I submit his written plea of guilty with full knorvledge nd vaiver ofmy rights and do so leely and voluntarily. No threats ave been made against me to obtarn hisguilty plea. No promiscs fleniency or lavorabl c reatment ave been made, exccpt or any pleaagreement isclosed o the Court at he ime his Guilty Plea s offered or approval n Court.

I have been advised fmy rights as set brth in Count of this plea.

The plea agreement s: The recommended entence ill be an ndeterminate entence othe Iowa Department f Corrections or up to two (2) )'ears. Alter the Defendant as served 7days n the Sac County Jail, with credit or time served. hc remainder will be susoended. ailTime mav be served n 48 hou r increments nd I will be eligible or the Sac County Jail WorkRelease rogram. Defendant may substttute 48-hour Weekend Alcohol Program or 48 hoursrail time. It'l choose not to attend he J8 hour \\'eekcnd Alctrhc.lProgram. hei.r tvill hai'e ocomplete he l2 hour Driving Course. will be olaced on Probation o the Sac Countv ProbationOfficer for a period of one year from the Judgment ntrltdate. I will pay a fine of g 1.875.00.nlus a 35% surcharge n the amount of$656.25. a $10.00 DARE surcharge. nd court costs: o bepaid as ordered y the Court. I will be Ordered o fol low and complete he recommendations fthe Substance buse Evaluation.which I was ordered o obtain by the Court.In admitting guilt, I understand hat any plea-bargain greements ith the prosecutor re no tbinding on the Coufi.

I have been advised hat I have he right to have a future date set for pronouucingjudgment and sentence, which cannot be less han fifteen (15) days after the guilty plea isentered, nless consent o a shorter ir.ne. understand hat any challenge o the guilty plea oralleged efects n the plea proceedings ust be raised y a Motion in Arrest of Judgment iled nolater han orty-five 45) days after he date my pleas s accepted ut not l ess han five (5) days

This offense vas comnritted y- me in Sac Countv owa bv mv doins the tbllowinp: did on




before he date set lbr pronouncing udgment, and that failure o raise such challenge hallpreclude he right to assert hem n this Court or on appe al o another Court. I understand hat byproceeding irectly to sentencing waive any right I may have o hle a Motion in Anest OfJudgment. This means will be forever precluded iom challenging he guilty plea or anydefects n the plea proceedings.

Based n the oregoing, hereb y waive all rny egal and rial rights. I request hat myguilty plea be accepted nd entered n record.

I request entencing nd udgment be pronounced ow.

STATE OF OWA

SACCOUNTY

On hi, d.rv t /saidState. ersonally ppeared

2013, before the undersisned. Notarv Public in and fort

to me known to be the dentical person nanedlin and rvhoexecuted he foregoing nstrument. andhe executed he same ofhis voluntarv act and deed.




1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. OWCR012411Plaintiff,

v .

JOSEPH DONALD JACOBSEN, OWI ! 2 OFFENSEDO"# 0$%24%1&'' (UD)*ENT ENTRY

D+f+n ant.

COUNT I

BE IT REMEMBERED t-at t-i att+/ a + on fo/ +nt+n in . T-+ Stat+ i/+ /+ +nt+ 3 Sa Co5nt Atto/n+ "+n6a in (o-n S it-, an D+f+n ant i /+ /+ +nt+ 3 ana +a/ 3 Atto/n+ at 7a8 C-a/l+ S -5lt+. Havin fil+ a 8/itt+n l+a of 5ilt -+/+in, 8-i --a 3++n /+vi+8+ 3 t-i Co5/t, an i in o/ o/at+ -+/+in 3 t-i /+f+/+n +, 9no8 of no l+ al

a5 + 8- 65 +nt -o5l not no8 3+ +nt+/+ , an non+ a +a/ 5 on t-+ /+ o/ . T-+ Co5/t,t-+/+fo/+, a + t t-+ D+f+n ant: l+a of )5ilt an fin t-at t-+ D+f+n ant i 5ilt ofOPERATING WHILE INTOXICATED, SECOND OFFENSE in violation of Io8a Co +S+ tion $21(.2, an A /avat+ *i + +ano/.

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT , 5/ 5ant to S+ tion $21(.2, an &0$.1, Co + of Io8a, t-at t-+ D+f+n ant 3+ +nt+n + to#

1. T-+ C5 to of t-+ Io8a D+ a/t +nt of Co//+ tion fo/ an in +t+/ inat+ t+/ of 5to t8o ;2< +a/ = all ti + 5 +n + aft+/ D+f+n ant -a +/v+ +v+n ;>< a in t-+Sa Co5nt (ail, 8it- /+ it fo/ an ti + al/+a +/v+ . (ail ti + a 3+ +/v+ in4?@-o5/ in /+ +nt . D+f+n ant i +li i3l+ fo/ t-+ Sa Co5nt (ail Wo/9 R+l+a +P/o /a .

a. T-+ D+f+n ant -all al o 3+ a + + t-+ o//+ tional f++ -a/ + 3 t-+ SaCo5nt S-+/iff: Offi + of ''.00 +/ a . D+f+n ant -all +/v+ ai +nt+n +8it-in iB ; < ont- of t-+ at+ of t-i o/ +/. If t-+ D+f+n ant -a not +/v+ t-+

6ail ti + at t-+ +n of iB ; < ont- , t-+ Sa Co5nt S-+/iff i o/ +/+ at -ionv+ni+n +, to i 9 5 D+f+n ant to +/v+ ai 6ail ti +.

3. D+f+n ant a , at D+f+n ant: +B +n +, o l+t+ a 4?@-o5/ Al o-ol Int+/v+ntionP/o /a in li+5 of 4? -o5/ of 6ail ti +. P/oof of o l+tion 5 t 3+ /ovi + tot-+ Cl+/9 of Co5/t an Co5nt Atto/n+ 8it-in iB ; < ont- of to a : at+.

2. D+f+n ant -all 3+ la + on /o3ation to t-+ Sa Co5nt P/o3ation Offi +/ fo/ a +/io of on+ +a/ f/o t-+ (5 +nt +nt/ at+, an 5/in 5 - /o3ation +/io ,D+f+n ant -all a3i + 3 all t-+ t+/ an on ition of t-+ /o3ation a +t fo/t- ont-+ P/o3ation A /++ +nt. D+f+n ant i O/ +/+ to i n a /o3ation a /++ +nt,8it-in >2 -o5/ of t-i at+, 8it- t-+ Sa Co5nt P/o3ation Offi +/, Sa Co5ntCo5/t-o5 +, 100 NW Stat+ St/++t, S5it+ &, 2 n Floo/, Sa Cit , Io8a.

a. D+f+n ant -all o3+ all Stat+, F+ +/al, an lo al la8 an o/ inan + .




2

3.D+f+n ant i O/ +/+ to /+ o/t, an n+8 a//+ t , to t-+ Sa Co5nt P/o3ationOffi +/ 8it-in +v+n a of t-+ a//+ t at+.

. D+f+n ant -all ti +l a all a o5nt o/ +/+ 3 t-i (5 +nt.

$. D+f+n ant -all a a fin+ of 1,?>'.00 l5 t-+ $' 5/ -a/ + in t-+ a o5nt of' .2', an a 10.00 DARE 5/ -a/ +.

4. D+f+n ant -all a t-+ o5/t o t -+/+in an t-+ o5/t o t of an a tioni i + 5/ 5ant to t-+ l+a a /++ +nt -+/+in= in t-+ a o5nt of 100.00.

'. T-+ D+f+n ant -all o l 8it- all /+ o +n ation +t fo/t- in t-+ al o-ol+val5ation at+ September 16, !1" f/o Ne# Opp$rt%&'t'e( .

a. D+f+n ant -all a3i + 3 all /+ o +n ation of t-+ +val5ation in l5 in in ati+nto/ ot-+/ t/+at +nt if /+ o +n + . If t/+at +nt i /+ o +n + , D+f+n ant -all+n/oll in t-+ fi/ t availa3l+ /+ o +n + t/+at +nt /o5 an ti +l o l+t+ t-+

t/+at +nt. T-+ 53 tan + a35 + a +n -all notif t-+ Sa Co5nt P/o3ationOffi +/ of an non@ o lian +.

3. D+f+n ant i O/ +/+ to /ovi + /oof of o lian + 8it- t-+ /+ o +n ation oft-+ S53 tan + A35 + Eval5ation, to t-+ Sa Co5nt P/o3ation Offi +/, on a ont-l

3a i 5ntil 5 - ti + a t-+ /+ o +n + t/+at +nt -all 3+ o l+t+ .

. In t-+ +v+nt t-+ D+f+n ant o+ not att+n t-+ 4?@-o5/ Al o-ol Int+/v+ntion P/o /a ,-+ -all ;at -i o8n +B +n +< o l+t+ a 12@-o5/ P/i + fo/ 7if+ o5/ + o/ i ila/

/o /a 8it-in iB ; < ont- of t-i at+.

>. D+f+n ant -all 9++ t-+ Cl+/9 of Co5/t an t-+ Sa Co5nt P/o3ation Offi +/ notifi+

a to an -an + in a /+ 5ntil all o3li ation of t-i a + -av+ 3++n o l+t+ .?. If t-+ D+f+n ant: li +n + -a not al/+a 3++n /+vo9+ , fo/ t-i off+n +, t-+

D+ a/t +nt of T/an o/tation -all /+vo9+ D+f+n ant: li +n + 5/ 5ant to Io8a Co +C-a t+/ $21(.

&. IT IS FURTHER ORDERED t-at if t-+ f5ll a o5nt i not ai 8it-in t-i/t aof t-+ (5 +nt +nt/ at+, t-+n D+f+n ant -all a all a o5nt o/ +/+ 3 t-i(5 +nt 3 a in )1!!*!! per m$&t+ to t-+ S - C$%&t. C/er0 $ C$%rt 8it-

a +nt to 3+ in on t-+ 1(t 2 . $ t+e m$&t+ follo8in t-i o/ +/, an -allontin5+ on t-+ 1(t 2 . of +a - ont- 5ntil ai in f5ll.

HOWE3ER IF THE ABO3E PA4MENT PLAN DOES NOT RESULT INTHE TOTAL OBLIGATIONS BEING PAID WITHIN 5 MONTHS OF THEDATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME*

De e&2 &t '( 2 '(e2 t+ t ' $&e p .me&t '( m'((e2, t+e e&t're $b/'7 t'$&be-$me( 'mme2' te/. 2%e*




$

D+f+n ant -avin a +a/+ an +nt+n + 3+in /ono5n + ,IT IS FURTHER

ORDERED t-at an 3alan + of a +a/an + 3on i /+l+a + aft+/ a li ation to fin+, 5/ -a/ +,

o5/t o t , atto/n+ f++ , an /+ tit5tion.

D+f+n ant i a vi + of t-+ /i -t to a +al t-i 65 +nt an +nt+n + an of t-+ /i -t to

a l fo/ a oint +nt of a +llat+ o5n +l an t-+ f5/ni -in of a t/an /i t if 5na3l+ to a t-+

a +al o t . D+f+n ant i al o a vi + of t-+ n+ + it to o l 8it- t-+ tat5to/

/+ 5i/+ +nt in filin a noti + of a +al. Noti + of A +al 5 t 3+ fil+ 8it-in $0 a of t-i

(5 +nt. D+f+n ant: a +al 3on i fiB+ in t-+ 5 of $,&00.00.

O/i inal fil+ , Co to#Co5nt Atto/n+D+f+n ant%D+f+n + Atto/n+ @ C-a/l+ S -5lt+DOTS53 tan + A35 + A +nSa Co5nt S-+/iff





Type: ORDER FOR JUDGMENT


So Ordered



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