E-FILED 2014 FEB 13 7:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MIDLAND FUNDING LLC, Plaintiff's Name c/o Pech, Hughes & McDonald, P.C. Address PO Box 2165, Cedar Rapids, IA 52406 (319) 362-3000 Vs. SHANE LEPENSKE, Defendants Name PO BOX 114 AUBURN IA 51433 Address Defendants Name Address 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 $948.08 and costs. Total amount requested $948.08. This demand is based on: the Defendant(s) became indebted to CITIBANK, N.A.-THE HOME DEPOT through a series of transactions; CITIBANK, N.A.-THE HOME DEPOT thereupon submitted to Defendant(s) monthly statements of result the final one showing a balance in their favor of $948.08, 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; CITIBANK, N.A.-THE HOME DEPOT 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 52406-2165 319/362-3000 iacourts@litowlaw.com

OFN 641646

*641646*

YFN ************1852

CFN 8560611409