scsc015517 - case against early man dismissed.pdf

8/9/2019 SCSC015517 - Case against Early man dismissed.pdf

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SCCV029317 BUAKHAI

Binder Information

Created For: Duane Hoffmeyer

Created By: Roder, Lisa

Created Date: 10-14-2014

Updated By: Roder, Lisa

Updated Date: 10-14-2014

Generated: 10-14-2014

Event Date: 10-14-2014

Expires:

E-FILED 02811 SCSC015517 - 2014 OCT 20 08:59 AM SACCLERK OF DISTRICT COURT Page 1 of 22


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IN THE IOWA DISTRICT COURT FOR BUENA VISTA COUNTY

MIDLAND FUNDING LLCVS BUAKHAI, DONAVIN

Case No. 03111 SCCV029317

Clerk's

I, the undersigned Clerk of District Court or designee, do hereby certify as follows:

Case Security:

The ICIS case level security of this matter is:

All of the case record in this matter is public record

All or part of the case record in this matter is confidential under Iowa law:

Juvenile Record, including children and families in need of assistance, termination of parental rights and certain

confidential delinquency actions

Involuntary Hospitalization of Persons with Mental Illness Record

Involuntary Commitment or Treatment of Chronic Substance Abuse Record

Pending Dissolution of Marriage Record

While this case type is public record, certain documents are confidential or sealed

Probate

Other:

Document Security:

The security level for the documents in this binder is 0. The event/document security table is shown at the end of thiscertificate.

Transmission of Record:

The record is being transmitted to the District Clerk of Court in the following format(s):

Fully electronic format (attached)

Part electronic/part non-electronic

Partially electronic format (attached in binder)

Partially non-electronic. Non-electronic records will be delivered to the and will consist of the following records:

The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the

only upon specific request:

Other:

1 of 2



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Dated: October 14, 2014 /s/ LISA M RODER

Clerk of Court/Designee

BUENA VISTA County

EDMS/ICIS event and document security levels:

0 Public

1 Confidential - accessible by case parties

2 Confidential - accessible by self-represented litigants

3 Confidential - accessible by attorneys on the case

4 Confidential - accessible by county attorney

5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Cour

office)6 (Not designated)

7 (Not designated)

8 Expunged - accessible by judges, magistrates and clerks of court

9 Sealed - accessible by judges and clerks of court

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MIDLAND FUNDING LLCVS BUAKHAI, DONAVIN

Case No. 03111 SCCV029317

Clerk's

I, the undersigned Clerk of District Court or designee, do hereby certify as follows:

Case Security:

The ICIS case level security of this matter is:

All of the case record in this matter is public record

All or part of the case record in this matter is confidential under Iowa law:

Juvenile Record, including children and families in need of assistance, termination of parental rights and certain

confidential delinquency actions

Involuntary Hospitalization of Persons with Mental Illness Record

Involuntary Commitment or Treatment of Chronic Substance Abuse Record

Pending Dissolution of Marriage Record

While this case type is public record, certain documents are confidential or sealed

Probate

Other:

Document Security:

The security level for the documents in this binder is 0. The event/document security table is shown at the end of thiscertificate.

Transmission of Record:

The record is being transmitted to the District Clerk of Court in the following format(s):

Fully electronic format (attached)

Part electronic/part non-electronic

Partially electronic format (attached in binder)

Partially non-electronic. Non-electronic records will be delivered to the and will consist of the following records:

The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the

only upon specific request:

Other:

E-FILED 2014 OCT 14 3:07 PM BUENA VISTA - CLERK OF DISTRICT COURTE-FILED 02811 SCSC015517 - 2014 OCT 20 08:59 AM SACCLERK OF DISTRICT COURT Page 4 of 22


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Dated: October 14, 2014 /s/ LISA M RODER


BUENA VISTA County

EDMS/ICIS event and document security levels:

0 Public

1 Confidential - accessible by case parties

2 Confidential - accessible by self-represented litigants

3 Confidential - accessible by attorneys on the case

4 Confidential - accessible by county attorney

5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Court

office)6 (Not designated)

7 (Not designated)

8 Expunged - accessible by judges, magistrates and clerks of court

9 Sealed - accessible by judges and clerks of court



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MIDLAND FUNDING LLC,Plaintiff,

v.

DONAVIN BUAHAI

D!f!n"ant#$%.

Ca$! N&. SCCV'()*+

ORDER FOR CHANGE OF VENUE

NOW &n t-i$, t-! "a/ &f , (', t-! C&01t -avin2

3&n$i"!1!" Plaintiff4$ M&ti&n f&1 C-an2! &f V!n0! an" 5!in2 f0ll/ a"vi$!" in t-!$! 61!7i$!$

fin"$ t-at Plaintiff4$ M&ti&n f&1 C-an2! &f V!n0! $-&0l" 5! 21ant!". T-! 6laintiff f01t-!1

a0t-&1i8!$ t-! Cl!19 &f C&01t t& $i2n &0t &n t-! "&39!t f&1 all 3&$t$ a"van3!" 5/ t-! 6laintiff

IT IS THEREFORE ORDERED, t-! a5&v! 7att!1 $-all 5! t1an$f!11!" t& t-! a661&61iat!

C&01t f&1 SAC C&0nt/, I&:a.

MAGISTRATE;


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State of Iowa Courts

Type: ORDER TO CHANGE VENUE

Case Number Case Title

SCCV029317 MIDLAND FUNDING LLC VS BUAKHAI, DONAVIN

So Ordered

Electronically signed on 2014-10-10 17:45:58 page 2 of 2



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MIDLAND FUNDING LLC,

Plaintiff,

v.

DONAVIN BUAKHAI

Defendant(s).

Case No. SCCV029317

MOTION FOR CHANGE OF VENUE

COMES NOW the Plaintiff, by and through counsel, and in support of its Motion for

Change of Venue states:

1. Plaintiff filed its Petition in the above matter in good faith on the belief that

Defendant resided in this county.

2. Since then, Plaintiff has discovered that Defendant now resides at 101 E SOUTH

AVE, EARLY IA 50535., in SAC County.

3. Plaintiff requests an Order transferring venue to the SAC County Court.

4. The plaintiff further authorizes the Clerk of Court to sign out on the docket for all

costs advanced by the plaintiff.

WHEREFORE, Plaintiff requests the Court enter an Order transferring venue to the SAC

County Court.

October 9, 2014

/s/ Christopher E. Pech

Christopher E. Pech AT0006178

Pech, Hughes & McDonald, P.C.

P.O. Box 2165

Cedar Rapids, IA 52406Telephone: (319) 362-3000

Facsimile: (319) 362-3277

ATTORNEY FOR PLAINTIFF

OFN 652287 *652287* YFN ************4049CFN 8562929433



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E-FILED 2014 AUG 11 10:06 AM BUENA VISTA - CLERK OF DISTRICT COURTE-FILED 02811 SCSC015517 - 2014 OCT 20 08:59 AM SACCLERK OF DISTRICT COURT Page 9 of 22


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IN THE IOWA DISTRICT COURT FOR BUENA VISTA COUNTYMIDLAND FUNDING LLC,Plaintiff's Namec/o Pech, Hughes & McDonald, P.C.AddressPO Box 2165, Cedar Rapids, IA 52406(319) 362-3000 Vs.DONAVIN BUAKHAI,Defendant’s Name309 W 2ND ST STORM LAKE IA 50588AddressDefendant’s NameAddress 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 $608.11, plus the following inciden

charges: Interest in the amount of $.00, future interest at the statutory rate and costs. Total amount requested $608.11This demand is based on: the Defendant(s) became indebted to CREDIT ONE BANK, N.A. through a series of transactionCREDIT ONE BANK, N.A. thereupon submitted to Defendant(s) monthly statements of result the final one showing abalance in their favor of $608.11, 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 paidthe statement represents a final adjustment of the respective demands of each upon the other as to the whole account and toall items thereon; CREDIT ONE BANK, N.A. assigned all right, title and interest in said account to Plaintiff, Plaintiff is thowner of the account.

2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of theOriginal 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 DocumentManagement System (EDMS) at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemptionfrom electronic filing requirements.

4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notificationthrough 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) foPlaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if youmust mail a copy of your Appearance and Answer to Plaintiff(s).

6. You must also notify the clerk's office of any address change.

/s/ Christopher E. PechChristopher E. PechPech, Hughes & McDonald, P.C.P.O. Box 2165Cedar Rapids, IA 52406-2165319/[email protected]

OFN 652287 *652287*

YFN ************4049 CFN 8562929433



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Last Name: BUAKHAI

First Name: DONAVIN

Middle Name:

Active Duty Status As Of: Jul-25-2014

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.

Mary M. Snavely-Dixon, Director

Department of Defense - Manpower Data Center

4800 Mark Center Drive, Suite 04E25

Arlington, VA 22350

Department of Defense Manpower Data Center Results as of : Jul-25-2014 12:36:53 PM

SCRA 3.0

On Active Duty On Active Duty Status Date

Active Duty Start Date Active Duty End Date Status Service Component

NA NA No 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 Active Duty End Date Status Service Component

NA NA No 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 Order Notification End Date Status Service Component

NA NA No NA

This response reflects whether the individual or his/her unit has received early notification to report for active duty



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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 CasesCoverage 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: QBY6BEFDM071Z10



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CREDI T ONE BANK CREDI T CARD STATEMENT

Account Number 049

F eb ru ary 2 8, 20 14 to F eb rua ry 28 .20 14

SUMMARY OF ACCOU NT ACTI VITY

Previous Balance

608_11

Pa yme n ts

-

0.00

Other Credits

608_11

Purchases

+

0.00

Cash Ad va nces +

0_00

Fees Charged

+

0.00

Interest Charged +

0.00

N e w B a la nc e

0.00

Credi t L imit

3 D O _ O O

Available Credft

0.00

S tatemen t C lo sing D ate 02 28 14

D ay s in Bi ll in g Cy cle

3D

1-877 -825-3242

1-702-405-2042

PAYMENT tNFORMATtON

New Balance

P as t D u e A mo un t

Amount Due This Peri od

MIn Imum Payment Due

Payment Due Date

0.00

0,00

0.00

0,00

03/23114

Late Pctymerlf Warning:

Ifwe

do.

not receive your minimum rsvmer,t

by

the date listed above,

yo u may h av e to p ay a late fe e up to 3 5,

MJnlmum Payment Warnlng:

Ifyou make only the minimum payment eac'1 pe,iod, yo u w ; i D ay more

in inhsres1and it \vili take yo~ onger topayoff your balance.

For example:

P lea se s end b iWng inqu ir ie s a nd c or res po nd enc e to:

P _O_ B ox 98 87 3, L as V eg as , NV 8 91 93 -88 73

O n l y

t h e m i ni T u m

payment

You wil l payoff t ile

balance shown en

the statement in

abcut..

And you wil l

end up paying

an estimated

total 01.

QUESTIONS?

Ca B C u sto me r S erv ic e o r R ep ort

a Lost or Stol en Credit Card

Outside

the U _S _

Call

If YOl}make no

additlenal charge-s

usmg this card end

each month you ?~

1 months BOB . OO

I fyou woulc i ika a .ocat ion

forcredil

counseling services.

cail1-800-515-572C,

Total fees char ged in 2014

T otal i nterest ch arged in 2 01 4

70.00

19,66

TRANSACTIONS

Reference Number Trans Date PostDate Dascription of Transaction or Credit Amount

F 5 7 2 7 0 0 E B O O 9 9 9 9 9 0

i 8

02./28

CHARGE

O FF

ACCOUNT-PRINCIPALS -294.74

F 5 7 2 7 0 0 E B O O 9 9 9 9 9 0

i 8

02./28

CHARGE

O FF

ACCOUNT ; 'F INANCE CHARGES;' -313_37

Fees

TOTAL FEES FOR THIS PERIOD

O.O{ )

Interes t Charged

2 2 8

02128

lnterest Charge on Purchases

0.00

2 2 8

02128

Interest Charge on Cash Advances

0.00

TOTAL II\ITEREST FOR THIS PE RIOO

O.O{ )

2014 Totals Year-to -Date

Type of Balance

Purchases

Cash Advances

Annual Perr.::entage Rate (APR)

23.90%(\; ':~

23 _ 9D % ( v )

Balance Subject to

I nterest R ate

0.00

0_00

Interes t Charge

0,00

0.00

JNTEREST CHARGE CALCULATION

Your Annual Percentage Rate (APR) is the annual interest rate on your account

(v)

Variable Rate

J6H

Z X PA .G E '1 of ·t 2 D S727

' ; ID20

M11 J 01Dl53&J

PA Y Y OU R BILL ONLINE a t CredU One Ba nk ~c om

Account Number:

New Balance: 0,00

Minimum Payment Due: 0.00

For address, tslephone ami email changes,

please check the box and complete the reverse sica.

Or, update )'our contact

.nformation

online

at ' . . ,,'CreditOneBank_coM_

P aym en t D ue D ate : 03 23 14

AMOUNT ENCLOSED:

CREDIT ONE BANK

PO BOX 60500

crrv OF INDU STR Y CA 9 17 16 -0 500

111'plll'IIIII'lllpll,lulllllllulllll··,III.IIIIIII·111I111II

I,IIIIIII.·I'IIIIIIIIII 'IIIIIIII'lIlllllIluI1111I·'IIIIII'I'

DONAVIN BUAKHAI

309'N2ND ST

S TORM L AK E IA 50 58 8-17 01

9



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CREDIT ONE BANK

1. ANNUAL PERCENTAGE RATE (APR) 23.90%

Annual Membership Fee $69 (*see explanation below)

Enrollment Fee (One-Time-Only) $69

Grace Period for Repayment of the Balance for

Purchases

25 days from the date of your statement

if you paid the previous balance in full

by the payment due date

Method of Computing the Balance for Purchases Average Daily Balance (including new

purchases)

Cash Advance Transaction Fee $5.00 or 3% of the advance, whichever

is greater

Minimum Finance Charge $0.50 for any billing cycle in which a

Finance Charge is due

Late Payment Fee $29

Over Limit Fee $29

Closed Account Maintenance Fee $3 per month after account closure,

until paid in full

*The Annual Fee will be billed to the credit card account at $5.75 per month.

ENROLLMENT FEE AND ANNUAL FEE: A one-time-only Enrollment Fee of $69 will be

billed to your account when its opened. The Annual Membership Fee of $69 will be billed to

your account in monthly installments of $5.75 per month. These fees are not refundable unless

you cancel your account within 30 days of the date your account is opened and if you have not

used your account during this 30-day period.

AVAILABLE CREDIT INFORMATION: Your initial credit line can range from $200 to

$1,000. The above enrollment fee and first installment of the annual fee will be billed to your

account when it is opened and will reduce the amount of your initial available credit. If you



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receive the minimum credit line of $200 your initial available credit will be $125.25.

AGREEMENT: In this Agreement the words I, me, and my mean the applicant. Bank means

Credit One Bank, N.A., located in Las Vegas, Nevada, its successors or assigns. I certify that I

am 18 years of age or older and that the information in this credit card application is true and

correct and is given in order to obtain credit. I authorize the Bank to check my credit report and

to verify and exchange credit information about me with third parties, including credit bureaus,

from time to time. I understand proof of income or other information may be requested from me

or others. I understand I must provide a valid Social Security number. I agree to provide

additional information as requested by the Bank from time to time. All information is subject to

verification. The Bank may retain such credit or other information whether or not I receive a

card. If this application is accepted and one or more credit cards are issued, I agree to pay all

charges incurred in accordance with the Disclosures and Terms and Conditions in this

Application, and the Cardholder Agreement, Disclosure Statement and Arbitration Agreement

(and any future amendments), which will be sent with my card. I understand the Bank maintains

the right to not open my VISA account if the information provided in this credit card application

is not complete, accurate or verifiable and/or if I have an open or unpaid account, or a pendingapplication, with the Bank. I understand that all of the Disclosures and Terms and Conditions in

this application are subject to change from time to time, at the sole discretion of the Bank, upon

notice to me as required by law.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW

ACCOUNT: Our bank complies with section 326 of the USA PATRIOT Act. This law

mandates that we verify certain information about you while processing your account application.

ARBITRATION AGREEMENT: You and we agree that either you or we may, without the

other's consent, require that any dispute between you and us be submitted to mandatory, binding

arbitration. A more detailed description of this arbitration agreement will be sent with your card.

TREATMENT OF CHECK PAYMENTS:When you send us a personal check, you authorize

us to process the check electronically. In addition, if a check we process in paper form is returned

to us by your bank unpaid, we may re-present the returned check electronically. We use

information from your check to electronically withdraw funds from your account. Funds may be

withdrawn as soon as the business day we receive your payment. Electronically processed checks

(and checks re-presented electronically) are not returned to you by your bank. However, Credit

One Bank retains an image of your electronically processed check in accordance with regulatory

record retention requirements. Credit One Bank will provide you with a copy of your

electronically processed check(s) upon request.

MINIMUM CREDIT LINE: $200

STATE NOTICES: Residents of New York, Vermont, and Maine - A credit report may be

obtained at any time for any legitimate purpose associated with the account including but not

limited to reviewing, modifying, renewing, and collecting on your account. Upon your request,

you will be informed whether or not a credit report was ordered, and if it was, you will be given

the name and address of the credit bureau that furnished the report. New York residents may



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contact the New York State Banking Department to obtain a comparative listing of credit card

rates, fees and grace periods. New York State Banking Dept. 1-800-522-3330. Residents of

Ohio - Ohio laws against discrimination require that credit be equally available to all worthy

customers and that credit reporting agencies maintain separate credit histories on each individual

upon request. The Ohio Civil Rights Commission administers compliance with this law.

Residents of California - A married person may apply for a separate account. As required bylaw, you are hereby notified that a negative credit record may be submitted to a credit reporting

agency if you fail to fulfill the terms of your credit obligations.

ELIGIBILITY EXCLUSIONS: Residents of Wisconsin, U.S. Territories and APO/FPO

addresses are not eligible for this program.

BENEFITS & INSURANCE: Your VISA card carries benefits provided by VISA. For details,

see the VISA Benefits Package provided with your card. Certain limitations may apply.

CREDIT PROTECTION PROGRAM DISCLOSURES:

Program Description: The Credit Protection Program is an OPTIONAL supplemental feature of your Credit One Bank credit card account. The Program cancels the payment due for the current

month, which is the greater of 4% of the Account balance for the current month or $20, up to a

maximum of (6) monthly payments if the primary cardholder becomes involuntary unemployed

or disabled. In the event of the primary cardholder's death, the account may be eligible for

balance cancellation, up to a maximum of $10,000.

Optional Feature: Whether or not you purchase Credit Protection will not affect your

application for credit or the terms of any existing credit agreement you have with the Bank.

Cost: The monthly Program Charge for Credit Protection is based on your account balance each

month multiplied by the unit-cost, which is $0.96 (96 cents) per $100, or part thereof.

Account Use Restrictions: If Credit Protection benefits are activated, you will be unable to

make charges on the credit card or use the credit line while you are receiving benefits.

Your Right to Cancel: You have the right to cancel Credit Protection at any time, for any

reason.

Our Right to Cancel: The Bank has the right to cancel Credit Protection, without notice, at any

time and for any reason, including but not limited to the following circumstances: If your account

is 60 days past due, your account is over limit by 20% or more, you file for bankruptcy, we

determine or have a reasonable belief that you have committed fraud on the account, or you are

approved for participation in one of our debt management programs.

Eligibility Requirements, Conditions and Exclusions: There are eligibility requirements,

conditions, and exclusions that could prevent you from receiving benefits under Credit

Protection. You will find a complete explanation of the eligibility requirements, conditions andexclusions in the paragraphs 1.3, 2, 2.1, 2.2, 3.1, 3.2, 3.3, 4.1, 4.2, 4.4, 4.5, 5.2, 6.1, 6.2 and 6.3

of the Credit Protection Program Agreement.

BRIEF SUMMARY OF ADDITIONAL IMPORTANT TERMS:

• Finance Charges accrue on unpaid balances while receiving benefits.

• There is a 30-day waiting period from time of enrollment in the Program to be eligible for

benefits, except for Death benefits.

• You must be disabled or unemployed for 30 days to be eligible for these benefits. The complete



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CREDIT PROTECTION PROGRAM AGREEMENT will be sent to you after your enrollment is

processed. Please read the Program Agreement carefully when you receive it.



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IN THE IOWA DISTRICT COURT FOR SAC COUNTYMIDLAND FUNDING LLC,Plaintiff's Namec/o Pech, Hughes & McDonald, P.C.AddressPO Box 2165, Cedar Rapids, IA 52406(319) 362-3000 Vs.

DONAVIN BUAKHAI,Defendant’s Name101 E SOUTH AVE EARLY IA 50535AddressDefendant’s NameAddress Defendant(s)

AMENDED Original Notice and Petition for a Money JudgmentCase No. SCSC015517

To Defendant(s):

1. You are notified that the plaintiff(s) demand(s) from the defendant the amount of $608.11, plus costs. This demand is

based on: the Defendant(s) became indebted to CREDIT ONE BANK, N.A. through a series of transactions; CREDIT ONE

BANK, N.A. thereupon submitted to Defendant(s) monthly statements of result the final one showing a balance in their favor

of $608.11, 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; CREDIT

ONE BANK, N.A. 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.

/s/ Christopher E. Pech

Christopher E. Pech

Pech, Hughes & McDonald, P.C.P.O. Box 2165

Cedar Rapids, IA 52406-2165319/362-3000

[email protected]

OFN 652287 *652287*

YFN ************4049 CFN 8562929433

E-FILED 2014 NOV 05 2:22 PM SAC - CLERK OF DISTRICT COURT


25/25

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MIDLAND FUNDING LLC

Plaintiff(s)

vs.

DONAVIN THONGPHET BUAKHAI

Defendant(s)

Small Claims No. 02811 SCSC015517

Ninety Day Dismissal

Docket Event Code: DPND

This small claim has not been determined within ninety days following the expiration of any periodof continuance or following the last entry placed on the record. It is dismissed at the plaintiff(s) costwithout prejudice pursuant to 631.8(1) Code of Iowa.

Dated: February 4, 2015 /s/ Brenda McClure


SAC County, Iowa

Copy to:

E-FILED 2015 FEB 04 9:14 AM SAC - CLERK OF DISTRICT COURT

scsc015517 - case against early man dismissed.pdf

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