E-FILED 2013 DEC 05 12:28 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM FORD F250 PICKUP TRUCK IN REM FORFEITURE COMPLAINT LOCATED AT 1100 HOBBS STREET, SAC CITY, IOWA COMES NOW the State of Iowa through Sac County Attorney Ben Smith and in support of its In Rem Forfeiture Complaint states the following: 1. On or around November 11, 2013, pursuant to Iowa Code Section 809.1(1)(b), Officer Brian Mentzer of the Sac City Police Department seized a Ruger SR40 (hereinafter pistol or property) from inside the glove box in the Ford F250 pickup truck belonging to Zachary Jastorff, which vehicle was parked at or near 1100 Hobbs Street, Sac City, Iowa. 2. The pistol is a dangerous weapon as defined by Iowa law. 3. The owner(s) and person(s) in possession and / or control of, and / or having a possessory interest in the property are as follows: a. Owner(s): Ethan Hartmann and / or Zachary Jastorff b. Person(s) in Possession or Control: None c. Person(s) with a Security Interest: None d. Seizing Agency: Sac City Police Department 4. The State of Iowa has seized the pistol for forfeiture and the aforementioned owners are hereby put on notice of the same. IOWA CODE 809A.6(2) (2013) 5. The person from whom information about the seizure may be obtained is Officer Brian Mentzer, Sac City Police Department, Law Enforcement Center, 311 Williams Street, Sac City Iowa 50583. 6. 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 was proceeds of any conduct giving rise to forfeiture. 7. The conduct giving rise to this forfeiture action is as follows:

E-FILED 2013 DEC 05 12:28 PM SAC - CLERK OF DISTRICT COURT

a. Ethan Hartmann (age 23) purchased a Ruger SR40 for Zachary Jastorff (age 16), a person below the age of twenty-one, which is a serious misdemeanor. IOWA CODE 724.22(2) (2013) b. Zachary Jastorff, without a concealed / carry permit, knowingly carried and / or transported the Ruger SR40 in his Ford F250 pickup truck, an aggravated misdemeanor. IOWA CODE 724.4(1) (2013) 8. The State of Iowa relies on each and every ground for forfeiture contained in Iowa Code Chapter 809A. 9. 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 Iowa Code Chapter 809A.

____________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org

E-FILED 2013 DEC 05 12:28 PM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2013 DEC 06 3:21 PM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT

in and for

SAC COUNTY

IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM FORD F250 PICKUP TRUCK LOCATED AT 1100 HOBBS STREET, SAC CITY, IOWA

NO. SPCV019484

APPEARANCE

COMES NOW, Jessica A. Zupp, and states her Appearance on behalf of the Defendant, Ethan Hartmann. ZUPP & ZUPP LAW FIRM, P.C.

/s/ Jessica Zupp Jessica A. Zupp ATA0008788 th 1919 4 Ave. S., Ste. 2 Denison, IA 51442 Ph: (712) 263-5551 Fax: (712) 248-8685 Mobile: (712) 269-0020 jessica@zuppandzupp.com http://www.zuppandzupp.com ATTORNEY FOR DEFENDANT Copy to: Ben Smith 100 NW State Street, Ste. 9 Sac City, IA 50583 CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each attorney of record or to each party at his or her respective address as disclosed on the pleadings on the 6th day of December, 2013, by: Electronically Filed U. S. Mail Overnight

FAX Federal Express

Hand Delivered E-Mail

/s/___________Penny Weis__________________________

E-FILED 2013 DEC 06 3:21 PM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT

in and for

SAC COUNTY

IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE FROM FORD F250 PICKUP TRUCK LOCATED AT 1100 HOBBS STREET, SAC CITY, IOWA

NO. SPCV019484

ACCEPTANCE OF SERVICE

COMES NOW, the undersigned, and hereby accepts service on behalf of Ethan Hartmann of Application of Forfeiture. ZUPP & ZUPP LAW FIRM, P.C.

/s/ Jessica Zupp Jessica A. Zupp ATA0008788 1919 4th Ave. S., Ste. 2 Denison, IA 51442 Ph: (712) 263-5551 Fax: (712) 248-8685 Mobile: (712) 269-0020 jessica@zuppandzupp.com http://www.zuppandzupp.com Copy to: Ben Smith 100 NW State Street, Ste. 9 Sac City, IA 50583 ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each attorney of record or to each party at his or her respective address as disclosed on the pleadings on the 6th day of December, 2013, by: Electronically Filed U. S. Mail Overnight

FAX Federal Express

Hand Delivered E-Mail

/s/___________Penny Weis__________________________