Page 6 Legals - West Branch Times

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Thursday, August 13, 2020 Thursday, July 30, 2020

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West Branch Times West Branch Times

Legal Notice

E-FILED 2020 JUN 01 3:27 PM JOHNSON - CLERK OF DISTRICT COURT Small Claims Form 3.1: Original Notice and Petition for a Money Judgment In the Iowa District Court for Johnson County Original Notice and Petition for a Money Judgment Plaintiff(s) Gateway Commercial Condominium Owners Association 4914 Dolphin Drive SE, Iowa City, IA 52240 VS. Defendant(s) Deena Nelson 74 Julia Ann Drive NE, Cedar Rapids, IA 52405 Thomas John Pagels 203 E. Green Street, West Branch, IA 52358 and 12217 County Road X37, Columbus Junction, IA 52738-9193 If you need assistance to participate in court due to a disability, call the disability coordinator (information at . for-the-public/ada/). Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-7352942). Disability coordinators cannot provide legal advice. To Defendant(s): 1. You are notified that Plaintiff(s) demand(s) from you the amount of $ 1311.34 plus court costs based on (state briefly the basis for the demand, not to exceed $6500): Unpaid condominium assessments. See Exhibit "A" attached hereto; plus additional amount for Plaintiff's attorney fees at authorized by the Gateway Commercial Condominium Owners Association Documents. 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.

Cedar county claims

July 23, 2020 General Basic Fund 187.07-Access Systems-ricoh/mp c3004 1344.46-Amazon Capital Services-pen 73.60-Baker Paper-soap 30.00-Gregery Bell-mtg 80634.00-Cedar County Economic DevFY2021 2200.00-Cedar Valley Pathologistsautopsy 652.00-Chapman Funeral Home-transport 152.66-City of Clarence-util 118.47-City of Durant-util 3000.00-Community Foundation of Cedar-FY20/21 funding 1240.21-Conservative Publishing-min 20.00-Dennis Coppess-mtg 107.16-Copy Systems-copies 45.00-Country Gun Store-rounds 788.80-Mike Dauber -invest 162.78-Durant Municipal Elec-util 4800.00-Domestic Violence InterventionFY20/21 funding 500.00-Eastern IA Tourism Assoc-dues 30.00-Families, Inc.- training 372.00-Fogg Properties Attn: Mike Fogrent 285.95-Future Line Truck Equip. LLCmaint 27.94-Gordon Flesch Company-copies 26.46-Graybill Electronics Inc dba G-antenna 93.07-H & H Auto-ac repair 45.98-Robin Housley-mil 275.00-Images in Ink, LLC-envelopes 115.00-Intoximeters-drygas 600.92-Iowa Paper-supplies 375.00-ISACA-FY2020 dues 313.98-Thiesen's-dump cart 164.00-Kone Inc-maint 29.25-Language Line Services-language 95.00-Latta Well & Pump Corp-switch 7000.00-Limestone Bluffs RC&D-FY2021

3. You must electronically file the Appearance and Answer using the Iowa Judicial Branch Electronic Document Management System (EDMS) at . 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. Continued on next page Small Claims Form 3.1, page 1 of 3* *Upon electronic filing, a clerk's signature page will be attached to this document as page 3. E-FILED 2020 JUN 01 3:27 PM JOHNSON - CLERK OF DISTRICT COURT /s/ David J. Bright Filing Plaintiff or Attorney Pugh Hagan Prahm PLC Law firm, or entity for which filing is made, if applicable 425 E. Oakdale Boulevard Suite 201, Coralville, IA 52241 Mailing address 319) 351 2028 Telephone number dbright@ Email address Additional email address, if applicable Second Plaintiff, if applicable Law firm, or entity for which filing is made, if applicable Mailing address Telephone number Email address Additional email address, if applicable Small Claims Form 3.1, page 2 of 3*

1000.00-Johnson County AuditorFY20/21 LCW 713.78-Mail Services, LLC-printing 46.92-Michael Male-mil 570.00-Kyle Maurer Attorney at Law, P-Legal 1164.01-McKesson Medical Surgical Incmask 521.27-Medline Industries, Inc-face shield 450.00-MSC 410913 MicroPact-software 16.55-Mid American Energy-util 45.95-O'Rourke Motors Inc-oil chg 62.68-Office Depot-clock 19.92-Office Express-battery 1358.49-Reserve Account CMRS-PBAcct-auditor 188.95-Quill Corp-envelopes/backup 1593.13-Office Team A Robert Half Comp-temp 479.50-Chad Rockow-rent 50.45-Ron Alpen Ford, Inc-oil chg 300.00-Solutions, Inc -travel 252.79-Austin Sorgenfrey-clothing 3067.77-Summit Food Services LLCmeals 1173.15-Sun News-mins 100.00-Terminix of NE Iowa-mth svc 662.86-Uniform Den Inc-uniform 1181.64-Unity Point Health-morgue 34.20-US Cellular-panic button 47.39-Frank W. VanWaes-mil 653.78-VISA-fuel 20.00-Rodney VonMuenster-mtg 20.00-Tony Wagner-mtg 429.85-Walmart Community/GEMBcleaning sups 30.00-Weland Clinical Lab, P.C.-drug screen 752.19-Wells Fargo Financial Leasinglease 1217.25-West Branch Times-min 103.55-Wilton-Durant Advocate News-ad 1834.00-Workplace Learning Connection-FY20/21

*Upon electronic filing, a clerk's signature page will be attached to this document as page 3. STATE OF IOWA JUDICIARY Case No. SCSC097782 County Johnson Case Title GATEWAY COMMERCIAL CONDO OWNERS V. PAGELS ET AL THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an exemption from the court, you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16: Scheduled Hearing: 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 319-398-3920. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) Date Issued 06/01/2020 04:25:55 PM

District Clerk of Johnson County /s/ Grant Cornick WBT 32-33-34

General Supplemental Fund 326.55-Family Resources-Family Life Home 100.00-Fremont Lodge No 616-Rent elections 25.00-ISACA TREASURER-SEAT 141.50-Reserve Account CMRS-PBAcct-election 202.00-Thomson Reuters-West Payment C-info chrg Pioneer Cemetery 200.00-Storji Bros Lawn Care Greg or Moneka-mowing MH-DD Services Fund 2407.66-Hillcrest CMHC-Psychotherapeutic 149.96-Optimae LifeServices-Support Services 60.00-St Lukes Hospital-Other Priv 832.00-Vera French Comm Mental Health-Psychotherapeutic Rural Services Basic Fund 38.70-Reserve Account CMRS-PB- AcctEZ Secondary Road Fund 1477.77-Advantage FS, Inc.-FUEL - CLA 86.96-Alliant Energy-UTILITIES - CLA 627.81-Altorfer Inc-FILTERS 350.75-CCP Industries Inc-SAFETY EQUIPMENT 19666.94-Cedar County COOP-PARTS 99.87-Copy Systems-COPIER MAINTENANCE 162.14-Cove Equipment-OIL 140.79-Custom Hose & Supplies-PARTS 48.11-Diamond Mowers-PARTS 30.00-Ia Dept of Transportation-OFFICE SUPPLIES 10450.55-Iowa Bridge & Culvert-BROSSWAP-CO16(106)105.00-J.J. Nichting Company-OIL 69507.08-Jim Schroeder Construction Inc-L-202004--73-16 RED 78.25-Thiesen's-SHOP SUPPLIES 107.51-Lawson Products Inc-SHOP

TOOLS 337.17-M.D. Products, Inc-PARTS 25.66-Midwest Wheel CompaniesPARTS 151.63-Cedar County Auto Parts-PARTS 84.40-Phelps the Uniform SpecialistsSHOP SUPPLIES 157.00-Quill Corp-OFFICE SUPPLIES 1275.45-River Products Company-SPOT ROCK 1112.40-Sadler Power Train, Inc-CREDIT MEMO 532.88-Sinclair Tractor-FILTERS 16.55-Storm Steel-STEEL 558.77-Truck Country of Iowa Inc-PARTS 3722.50-Van Diest Supply CompanyHERBICIDES 3212.38-Wendling Quarries Inc-EROSION STONE 81.64-Wieles of Tipton-PARTS 207.39-Windstream Accounts PayableTELEPHONE 3927.61-Wingfoot Commercial Tire LLC d-TIRES Transfer Station Fund 145.89-Alliant Energy-elec 506.32-Cintas Corporation-towel/uniform 175.00-Mike Fogg dba Mike Fogg Constrwindow install 258.92-Thiesen's-tools, keys, straps 1686.60-PENSKE TRUCK LEASING CO., L.P.-rental 18.30-Reserve Account CMRS-PB- AcctSolid Waste 1693.90-Rubberedge LLC-loader 3118.11-Secondary Road Fund-fuel 223.00-SWANA-membership 237.11-Windstream Accounts Payablephone Cedar Co Health Fund 2293.92-CEDAR COUNTY TREASURER ACH MED-self funded med 4570.35-Delta Dental Plan of Iowa Paymaug 713.74-United States Treasury Departmform 720 123035.63-Wellmark Blue Cross and Blue S-aug Jnt Disaster Serv.Fund 275.00-All Star Turf -mowing 23700.00-O'Rourke Motors Inc-truck 4.50-Reserve Account CMRS-PB- AcctDisaster 19.38-Spahn & Rose Lumber Co-kiosk maint 208.64-VISA-cleaning supplies E911 423.35-CenturyLink-data Assessor 144.95-Access Systems-software 200.00-East Central Dist.of Assessorstraining 169.50-J2 Global Communications-efax 49.60-Office Depot-supplies 35.40-Reserve Account CMRS-PB- AcctAssessor

412801.22--Grand Total WBT 33

Cedar county board

BOARD PROCEEDINGS (FOLLOWING IS A SYNOPSIS OF MINUTES. FULL TEXT OF DAY'S MINUTES ARE AVAILABLE FOR INSPECTION AT AUDITOR'S OFFICE) TIPTON, IOWA July 28, 2020 Cedar County Board of Supervisors met in regular session at 8:30 a.m. July 28, 2020 with following members present: Agne, Smith, Bell, Gaul, and Kaufmann. Members of public were also present. Board viewed correspondence from various agencies. Manure Management Annual Updates submitted by: Eiler Site #67475 located at 1242 190th Street, Tipton T/J West #66831 located at 2378 310th Street, Durant. Nick Sander #71146 located at 1969 110th Street, Clarence. It noted following Handwritten Disbursement issued on July 24, 2020 to Cedar County Treasurer for Benefits, Inc. for an electronic deposit: #424294 for $526.87-self funded medical claims. Moved by Kaufmann seconded by Smith to approve agenda. Ayes: All Chairperson Agne addressed public for comments and there were none. Moved by Smith seconded by Bell to approve Board Minutes of July 21, 2020. Ayes: All Abstain: Agne Moved by Gaul seconded by Bell to approve Claim Disbursements #424165 #424293 paid on July 23, 2020. Ayes: All Moved by Smith seconded by Bell to approve 2017/2018 Auditor Outstanding Warrant List in amount of $431.70. Ayes: All Interim Director Butler updated Board that as of today there are 109 cases. Testing process is experiencing difficulty in receiving test results in a timely manner therefore; this is slowing down contact process. She stated they are experiencing difficulty with people following quarantine process. Butler stated Board of Health has authority to issue a mandatory isolation and to make it mandatory to wear a mask. At this time they have not made a decision. Board reported on Outreach/Committee Meetings they attended. At 8:45 a.m. Bell discussed possibility of Cedar County becoming a sponsor or co-sponsor on a grant application for USDA-NRCS Watershed & Flood Prevention Operations Program. Mary Beth Stevenson present on call and Roger Laughlin, West Branch Mayor present in board room. Bell explained sponsor has ability to do eminent domain, and typically it is a temporary easement to have access to watershed area for project. Linn County and Cedar County are proposed to be co-sponsors. Stevenson explained funding and process of grant application. Projects that could be included in application is flood mitigation, stream and channel improvement and water quality projects. Bell noted a stream would have to be smaller than Cedar River and fit criteria. Stevenson stated portion of water dumping into Cedar River could be included. She is proposing grant dollar amount at $750,000 so projects can be larger and more meaningful. Kaufmann is very concerned with eminent domain due having seen NRCS abuse their power in past. Stevenson stated LCWS is aware that there may be push back and nobody that is part of LCWS wants to jeopardize that. Cedar County Board of Supervisors

has authority not to use eminent domain. Kaufmann is concerned that with Federal dollars they have ability to condemn without using eminent domain. Stevenson replied they can state on application that Cedar County will not use eminent domain authority in this project. Kaufmann asked if they could apply for grant but remove eminent domain authority. Mary Beth not sure how this could be done. Kaufmann stated that is only thing that bothers him, goal of project and integrity of boards are fine, it is just he has seen this happen multiple times in State. Stevenson thought maybe she could craft language to be included in narrative of application. Laughlin explained to board that his project involves two creeks that converge into one at center of town and caused back up and 4" to 6" of flooding in Police Station and Fire Station. Model shows that widening creek downstream which includes majority of landowners being in City of West Branch except for some private properties would reduce flooding. One owner does not want to cooperate and council is frustrated on lack of communication. Council would use eminent domain to gain access to widen creek, as a construction easement, not to gain ground from land owner. Kaufmann stated problem City of West Branch is a legitimate cause of eminent domain. Stevenson will craft that language and research Federal Code that authorizes program and making sure with more and more federal money that eminent domain is not used with this funding. Bell requested Stevenson email board with language. Stevenson notified Bell that she will present to Linn County Supervisors on next Monday at 11:00 a.m. and offered Bell to attend via conference call. Bell will check his calendar and requested this item remain on agenda. County Attorney Renander met with board to discuss his request to issue keys to two staff members for access to north stairwell due to wearing a mask mandate from courts. Renander is requesting this temporarily just for convenience of his staff. Smith reiterated closure of north stairwell for security on second floor. After reviewing email, Kaufmann and Bell interpreted mandate to be in effect when walking in all hallways. Bell suggested Renander get clarification with court. Consensus of board not to approve request. Engineer Fangmann met with board to discuss 28E Agreement with Linn County regarding paving project on Business 30 and Old Lincoln Highway. Board reviewed agreement. Moved by Gaul seconded by Bell to approve 28E Agreement with Linn County regarding paving project on Business 30 and Old Lincoln Highway. Ayes: All Moved by Bell seconded by Kaufmann to approve wage classification change for Kevin Morris, MWII from $21.42 to $21.71. Ayes: All Moved by Smith seconded by Bell to approve utility permit for Eastern Iowa Light & Power to install a new line along 280th Street from Rose Avenue west to Old Muscatine Road. $100.00 fee applies. Ayes: All Moved by Smith seconded by Kaufmann to approve utility permit for Eastern Iowa Light & Power to install over and underground cable on south side of 280th Street. $100.00 fee applies. Ayes: All Engineer Fangmann updated board on current projects. Bell informed Engineer about LCWS application and any projects he would like to include needs to be identified pretty quickly. Gaul distributed an email from Alan Beyers, Board of Health member requesting input on additional compensation to Bonnie Butler and Ashley Hanson due to actions they took above and beyond in response to COVID-19 epidemic. Bell noted EMA Commission would need to look at this also. He also stated he does not agree due to fact he understood Butler offered volunteers to assist her and she did not take advantage of offer. Agne mentioned every department did a hell-of-a job keeping their offices open. Gaul stated this brought up by a Board of Health member in their last meeting. Agne stated this needs to be fair for all employees just not a few. He also reiterated due to tax payments being slow he really disagrees with additional compensation, but did state they did a good job. Gaul said Board of Health wants to have a good standing relationship with Board of Supervisors. Kaufmann said we need to look at everyone and we can't do that. Bell also noted in past during disasters department head did not keep track of hours put in to do job. Gaul appreciated Boards input and he stated he is not in favor of request. Kaufmann stated he would like to show appreciation to all employees by offering a lunch or some type of employee appreciation after this pandemic is over. Agne stated we all work for taxpayer and we step up to do our job. Board asked Auditor Dauber to email a response to Board of Health stating reasons of why they do not approve of additional compensation for two employees. Kaufmann asked Auditor to email department heads on their retention policy on items each office is responsible for. Cedar County Historical Society is taking inventory and needs to know time retention on items. Department heads can email board with their information. Moved by Gaul seconded by Kaufmann to adjourn at 10:03 a.m., to Aug. 4, 2020. Ayes: All

Steve Agne, Chairperson Cari A. Dauber, Auditor WBT 33

Legal Notice

IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY Case No. SCSC095326 ORDER FOR EXAMINATION OF JUDGMENT DEBTOR

GATEWAY COMMERCIAL CONDO OWNERS ASSOCIATION,

Plaintiff (s), VS. DEENA NELSON THOMAS JOHN PAGELS,

Wanted

Seeking someone to cut

logs into firewood. Trees

already down. 989-578-8282

WB32

_______________________

Seeking someone to help

with light odds and ends

around the home. 989-578-

8282.

WB32

Defendant (s). Before the Court is Plaintiff's Motion for Examination of Debtors. Having reviewed the file and being apprised in the premises, the Court finds that the Motion should be GRANTED for the reasons set forth therein. It is therefore ORDERED that Defendants/Judgment Debtors Deena Nelson and Thomas John Pagels, appear for examination, under oath and pursuant to Iowa Code ? 630.1 at the Johnson County Courthouse on Wednesday July 15, 2020 at 1:00pm. It is further ORDERED that Defendants/ Judgment Debtors produce at time of examination complete financial statements accompanied by all financial records evidencing their assets and indebtedness, including: ? current statements for all accounts held with financial institutions, whether banks, credit card companies, investment banks or brokerages; ? complete statements for all retirement accounts, if any; ? complete statements for all investments, including stocks, bonds or otherwise; ? a complete set of all state and federal tax returns and tax records from 2015-present; ? all deeds, mortgages and other documents evidencing any interests in real property, wherever located, for the past 5 years; ? all promissory notes or other instruments by which either Judgment Debtor is or was borrower, lender, or guarantor, for the past 5 years; {00326459} E-FILED 2020 MAY 24 10:54 AM JOHNSON - CLERK OF DISTRICT COURT ? all certificates of title or other instruments evidencing either Judgment Debtor's interest in or ownership of any automobiles, watercraft, aircraft or other vehicles; ? a complete accounting of all other items of personal property owned by or in which either Judgment Debtor has or has had a property interest in the past 5 years, for items valued in excess of $100, including but not limited to all tools, appliances, construction equipment, computers, personal electronic devices, works of art, jewelry or otherwise; ? a complete list of all entities in which either Judgment Debtor has an economic interest or has had an economic interest in the past 5 years, together with a complete set of organizational documents and financial records for each such entity for the past 5 years, including but not limited to: Operating Agreements, Articles of Incorporation, By-Laws, complete lists of all members and officers of each such entity, and complete lists of all assets owned and obligations owed by each such entity; and ? A complete list of all sources of income for each Judgment Debtor for the past five years. The Plaintiff is to arrange for service of the above Order in the same manner as that of an Original Notice, no later than 15 days prior to the date scheduled for examination. If the Plaintiff is unable to obtain service as required, or if either party desires a continuance of this matter to a different date and time, application must be made to this Court no later than the date scheduled for the examination, so that this Order may be modified and the matter immediately rescheduled for hearing.

David J. Bright #AT0001076 Pugh Hagan Prahm, PLC

425 E Oakdale Boulevard, Suite 201 Coralville, IA, 52241

{00326459} State of Iowa Courts Type: OTHER ORDER Case Number SCSC095326 Case Title GATEWAY COMMERCIAL CONDO OWNERS V. NELSON ET AL

So Ordered /s/ Magistrate Mark Thompson

Sixth Judicial District of Iowa E-FILED 2020 MAY 24 10:54 AM JOHNSON - CLERK OF DISTRICT COURT Electronically signed on 2020-05-24 10:54:46 page 3 of 3

WBT 32-33-34

Legal Notice

August 7, 2020 PUBLIC NOTICE The Cedar County Planning & Zoning Commission will be conducting a Public Hearing on Wednesday, August 19, 2020, at 6:30 p.m., in the Large Meeting Room, in the basement of the Cedar County Courthouse, Tipton, Iowa. At this Public Hearing, Cedar County will be following the accepted social distancing guidelines of the State of Iowa. At this time, the Commission will consider the following petition:

1. Barnhart Properties, LLC, P.O. Box 36, West Branch, IA (Owner) - Requesting approval of a Preliminary Plat of Survey for a proposed nine (9) lot subdivision located in the NW ?, NW ?, and the SW ?, NW ?, Section 9, T-79N, R-4W, in Springdale Township, consisting of 26.87 acres more or less.

At said Public Hearing, any person present, and so wishing, will be given the opportunity to be heard, for or against, said petition. Any person so wishing may file a document with the Cedar County Zoning Administrator prior to the time of the hearing should the person wish the document to be read for them at the time of the hearing.

Philip LaRue Zoning Administrator

WBT 33

For Rent

25' x 50' warehouse for

rent - 16' ceilings, heat avail.

10' x 20' storage space.

Call 319-321-4870 or 319-

331-2510.

tf

Pohlman PC's

Computer Repair & Home Networking

Free Estimates

Randy Pohlman 319-330-4270

Afternoons, Nights & Weekends

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HEALTH OFFICE ASSOCIATE

Application deadline: August 13, 2020

Apply online at west-branch.k12.ia.us or at 148 N. Oliphant St., West Branch, IA.

EOE

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