Claim by Kischel Harris (1)Barry A. Lindahl, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
Kischel Harris
768 Nevada Street
Dubuque, IA 52001
Dubuque
All Amedca City
1111 t!
2007 • 2012 • 2013
April 22, 2014
RE: Your Claims Against the City of Dubuque
Dear Ms. Harris:
Masterpiece on the Mississippi
As you are aware, the two (2) claims that you filed against the City of Dubyque on
February 7, 2014 were referred to Public Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool (ICAP). ICAP Litigation Specialist John Baum was
assigned to and investigated your claims. As you are also aware, Mr. Baum denied
your claims and by letters dated February 12, 2014, provided explanations for the
denials. If you have questions regarding your claims, you may contact Mr. Baum: at
(888) 520-4074.
If you wish to appeal one or both of these claim denials, you are certainly welcome to
provide any additional information to the City Clerk who will place that information on an
upcoming City Council agenda. The City Clerk will then contact you to inform you of the
date of the City Council agenda your information will appear. You may also request to
speak at that City Council meeting.
Finally, you also have the option of filing a lawsuit in a court of appropriate jurisdiction.
Very sin - ly,
Barry A. Lindahl, Esq.
pity Attorney
BAL/tls
cc: John Baum, Litigation Specialist
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
M H;MORAN DUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: February 10, 2014
RE: Claim Against the City of Dubuque by Kischel Harris
Claimant Date of Claim Date of Loss Nature of Claim
Kischel Harris 01/27/14 03/21/12 Personal Injury/
Property Damage
This is a claim in which claimant alleges unlawful detention and extortion, among other
things, by the City of Dubuque Police Department on March 21, 2012.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Mark Dalsing, Chief of Police
Kischel Harris
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL tsteckle @cityofdubuque.org
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
1. Name of Claimant: Kischel R. Harris
2. Address: 768 Nevada Street. Apartment #3 Dubuque, Iowa near (52001)
3. Telephone Number: Home phone # (563) 517 -7256
4. Date of incident: March 21, 2012 (Wednesday)
5. The time of incident: 2:05pm
6. Location of Incident: Thomas Jefferson Middle School
7. (See Attachment for incident description.) City employee's names: Corporal Jay
Morrissette (L2), Captain Scott Engleman, and Brigit M. Barnes (Assistant County
Attorney of Dubuque)
8. What were the weather conditions like? Sunny day
9. Names and addresses of any witnesses: Greg Lehman (assistant Principal of Thomas
Jefferson Middle School) Jo Moore and Karen White (office workers /secretaries)
10. Did police investigate? Yes, Cpl. Jay Morrissette and Capt. Scott Engleman
11. Was anyone injured? Yes, Kischel R. Harris, injured party /claimant hereinafter, and
heretofore referred to as "Claimant ", was injured. Claimant's first injury commenced when
she was accosted under duress, apprehended, arrested, and detained unlawfully for an
alleged crime that was not committed. Claimant was arrested at her place of employment
under coercion and was forced to give up property ( ie.,fingerprints, photos,etc.)
12. Was any damage done to property? N/A
13. What other damages do you claim, if any? Claimant is seeking exemplary and
compensatory damages for which are warranted due to the nature and negligence
resulting in injury.
14. Have you been compensated for any part or all of your claim by any insurance company?
( If so, give name and address of insurance company and amount paid.) Claimant has not
been paid by any party.
15.What amount do you claim from the City of Dubuque? $11,343,750.00 USD
16.Why do you claim the City of Dubuque is responsible? Claimant holds City of Dubuque
responsible for injury as the individuals who perpetrated the false allegations and injury upon
claimant are employees of the City of Dubuque and have acted negligently, oppressively, with
impunity.
17. Have you made any claim against anyone else for damages as a result of this incident? If
yes, have you received any payment from that source, and if so, in what amount? Claimant
has not made claim against anyone else.
18. If the answer to Question 17 is yes, have you received any payment from that source, and
if so, in what amount? N/A
Dated thi$Stday of February , 2014.
7
(Signature)
Kischel Renee Harris UCC 1 -308
(Print Name)
Cc: National Urban League
Cc: NAACP
Cc: Rainbow Push Coalition
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co in
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Tally as to the civil damages sustained by such criminal actions. RIGHTS OF THE CLAIMANT
DENIED OR VIOLATED
18 USC 3571 defined as a felony is $250,000 for each trespass, (denial or violation) secured,
preserved and protected by the Iowa Constitution and parallel sections of the U.S. Constitution
for the United States:
Forty (40) actions of high crimes and misdemeanors in a single count of conspiracy. All are
listed as misdemeanors ($100,000). An elected official in government doing these things would
be charged as felonies ($250,000), 18 USC 3571.
Subtotal of damages in Count 1: $10,000,000.00 (40 x $250,000.00 USD) [and if applicable or
some variance thereof] conspiracy is established of fraud, extortion, theft and RACKETEERING
and acts of SEDITION AND TREASON.
Subtotal of damages in Count 2: $93,750.00 (2 x $46,875.00 USD), totaling in lost wages is due
to two year delay from claimant's coursework. Claimant was disqualified from attending her
registered medical courses resulting from the state's false accusation and unlawful claim against
her. Evidence initially presented to the state ultimately used to exonerate claimant was restricted
for a period that caused claimant to be disqualified.
Subtotal of damages in Count 3: $800,000.00 (8 x $100,000.00 USD), totaling in crimes against
claimant by Dubuque Police and State of Iowa official, Assistant County Attorney.
Damages in Count 4 for the injury of pain and suffering, mental anguish, and Tortious
Interference with Contracts, which resulted in the negligent actions of the civil servant
departments, Dubuque Police Department and Dubuque County Attorney's office: $450,000.00
(3 x $150,000.00), totaled.
LEDGER
❖ Count 1: $10,000,000.00
• Count 2: $93,750.00
• Count 3: $800,000.00
❖ Count 4: $450,000.00
Grand Total: $11,343,750.00
Table of Crimes
The specified penalty (civil) damages for crimes committed are as listed on the TABLE OF
CRIMES on the following pages, drawn from the civil penalties as specified in the Criminal
Codes. Undefined crimes (Constitutional violations not listed in the Criminal Code) are set by
Title 18, United States Criminal Code.
1) AM 4 any action against me must be fully described in writing, issued by a court of law,
signed by a judge, and sworn on oath
2) AM 5 no person to be forced to say or do anything that could be used against him/her
later
3) AM 9 all rights belong to the people some are stated some are not
4) AM 13 no law - abiding person shall be forced to act against his will.
5) AM 9 all rights belong to the people; some are stated, some are not
6) AM 10 all government power comes from the consent of the people governed.
7) AM 14 all persons born or naturalized are US citizens and protected by US Constitution
8) AM 14 all persons equally protected and restricted by law
9) AM 14 no person to hold office if he rebels against or violates US Constitution (treason)
10) AM 14 no state shall make or enforce any law limiting rights of US Constitution
11) AM 14 no state shall deprive anyone of anything without fair trial
12) AM 14 no state shall infringe on a citizen's right to Life, Liberty, and Pursuit of Happiness.
13) 101 no state shall set anyone above the common man.
14) 101 no state shall work against US Constitution with anyone
15) 101 no state shall declare war on a person (resort to force) in violation of Constitution
16) 101 no state shall allow any person or group to make a law, judge on it, and punish under
it
17) 101 no state shall deny any citizen the right to contract
18)101 no state shall undermine a contract established between two parties if said contract was not
in violation of health and welfare.
19) 193 no person or group can make a law, judge on it, and punish under it
20) 331 no controlling agency shall harass a US citizen (mixed war /treason)
21) 431 no controlling agency shall be formed in violation of US Constitution
22) 441 the US to protect every citizen against personal attack or attack on rights
23) 612 "This Constitution is the Supreme Law of the Land."
24) 613 all law makers court officials and enforcement officers are bound by oath to the US
Constitution
25) AM 4 any action against me must be fully described in writing, issued by a court of law,
signed by a judge, and sworn on oath
26) AM 5 no person to be deprived of anything without due process
27) AM 6 I may require as much in writing as is required of me
28) AM 9 all rights belong to the people some are stated some are not
29) AM 10 all government power comes from the consent of the people
30) AM 13 no law- abiding person shall be forced to act against his will
31) AM 14 all persons born or naturalized are US citizens and protected by US Constitution
32) AM 14 all persons equally protected and restricted by law
33) AM 14 no state shall make or enforce any law limiting rights of US Constitution
34) 101 no state shall work against US Constitution with anyone
35) 331 no controlling agency shall harass a US citizen (mixed war /treason)
36) 431 no controlling agency shall be formed in violation of US Constitution
37) 441 the US to protect every citizen against personal attack or attack on rights
38) 612 "This Constitution is the Supreme Law of the Land."
39) 613 all law makers, court officials, and enforcement officers are bound by oath to the US
Constitution.
40) AM 4 I am safe from any unwarranted searches /seizures
Future Toss of earnings or wages refers to a class of damages awarded in a personal injury claim.
The negligence perpetrated by the state resulted in special damages which has permanently
limited the claimant's ability to earn wages. The claimant should be entitled to recover the
reduction in value of her earning capacity. Future loss of earnings is often referred as "loss of
future earning capacity" or "impairment of earning power ".
The claimant was a victim of:
1. Kidnapping in the Second Degree
2. Defamation: Libel and Slander
3. Unlawful Detention
4. Extortion
5. Assault with Deadly Weapon
6. Racketeering
7. Theft
8. Fraud
The claimant seeks general damages for:
1. Pain and Suffering
2. Mental Anguish
3. Tortious Interference with Contracts
The specified penalty (civil) damages for crimes committed are as listed on the TABLE OF
CRIMES on the previous pages, drawn from the civil penalties as specified in the Criminal
Codes. Undefined crimes (Constitutional violations not listed in the Criminal Code) are set by
Title 18, United States Criminal Code (USC 3571).
The claimant also reserves to right to seek damages personally and severally if an agreeable
settlement is not reached.
Further, Claimant sayeth naught.
State of Iowa
County of Dubuque )
S <y
Full Name Date
Subscribed and sworn to (or affirmed) before me on this -5Y4 day of -Gbi uet,`y , 2014
by Full Name, proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
Notary Public (Seal)
Cc: National Urban League
Cc: NAACP
Cc: Rainbow Push Coalition
f•
"sr,
A K. ERE ST
Cornmiss :on Number 121349
My Commission Expires
EXHIBITS (FORGERY CASE)
Copy of Incident Description (3) pgs.
Claim Against the City of Dubuque (6) pgs.
Copy of County Attorney Ralph R. Potter Letter to Cpt. Engleman (1) pg.
Copy of Warrant (1) pg.
Copy of Complaint filed for Forgery (3) pgs.
Copy of Probation or Pre -trial Conditions and Instructions Agreement (1) pg.
Copy of Appointment for Counsel (1) pg.
Copy of Brigit M. Barnes (Prosecuting Attorney of Dubuque County) Statements (1)pg.
Copy of the Original Check and money order /negotiable instrument (1) pg.
Copy of Court Case Dismissal (1) pg.
Copy of letter from U.S. Department of Justice (1) pg.
Copy of my response to the U.S Department of Justice (Constructive Notice of Conditional
Acceptance) (3) pgs.
Copy of my N.I.C.C. bill (Northeastern Iowa Community College) (1)pg.
Copy of bank statement showing school related spending (2) pgs.
A. X -ray Markers (43.95)
B. Certified Background package (117.00)
C. Scrubs I ordered for radiologic clinical (63.57) I did refund the scrubs but could not
refund the markers and the background package.
Copy of Newspaper Clip for the Forgery case (1) pg.
EXHIBITS (ASSAULT & BATTERY CASE) OCT. 7, 2013
Claim Against the City of Dubuque, Iowa (6) pgs.
Copy of Incident Description (3) pgs.
Copy of The Video of the Incident (1) video
Copy of video displaying injuries from the 7th of October 2011
On or about 2:05pm on Wednesday afternoon March 21, 2012 I, was called into the
office of the assistant Principal Greg Lehman of Jefferson Middle School. I was met there in Mr.
Lehman's office by two Dubuque officers. The officers were Corporal Jay Morrissette, L2 and
Captain Engleman, D3of the Dubuque Police Department. I was told that there was a warrant for
my arrest for the crime of forgery and that they came to arrest me. I have not committed any
crime. The very definition of a Crime is a violation of a law in which there is injury to the public
or a member of the public. There again no crime was committed. I asked the officers if I could
see the warrant for my arrest and they both said yes. Detective Engleman said that the warrant
was not on his person but in the police car. I asked to see the warrant before I would leave with
the officers and I was denied that request and told that I would see the warrant once I arrived at
the police station. The officers asked me if there was someone I could call to pick up my
belongings because I wasn't allowed to go back into the classroom from which I was called. Mr.
Lehman offered to go retrieve my belongings for me. I was told that I was going to jail and I told
the officers that I don't consent to being detained and that I go with them under Threat, Duress
and Coercion. My belongings were then brought in by Greg Lehman. I asked if I could call my
husband and I was told not until I get to the police station. I was detained at that time and a
police vehicle awaited me in front of my place of employment.
When I arrived at the police station I was searched and patted down by a female officer. I
was asked to remove all of my jewelry. According to Iowa's state Constitution Article 1 (Bill of
Rights) Section 8. Under personal security( Search and Seizure) the people have the right to be
secure in their persons, houses, papers and effects, against unreasonable seizures and searches
shall not be violated; and no warrant shall issue but on probable cause, supported by oath or
affirmation, particularly describing the place to be searched, and the persons and things to be
seized. I asked to see the warrant and my request was granted. The warrant that I received wasn't
compliant to the standards of the Fourth Amendments. A lawful warrant must be issued and
authorized by a lawfully positioned officer of the court (Judge), supported by his /her Oath of
office and sworn affidavit of truth noting the charge(s).The warrant must be approved by a
NEUTRAL judge or magistrate. The charge(s) must be constitutionally valid and compliant,
specific to due process of law and the BILL OF RIGHTS, so attesting under the pains of
penalties of perjury under the laws of the United States of America.(Amendments 4 &5 specific
to the Bill Of Rights) The warrant must be supported by a lawful Grand Jury indictment and /or a
sworn complaint made by a citizen alleging to have been INJURED by the actions of the entity
who is the subject of the complaint (me) supported again by their signed and notarized affidavit
so attesting under the pains and penalties of perjury under the laws of the United States of
America. Probable cause will not lie where the only evidence of criminal activity is the officer's
affirmation of suspicion or belief. The fourth amendment requires not only that a warrant be
supported by probable cause offered by a SWORN police officer but it also requires that a
warrant "particularly" describe the person or place to be searched or seized. The fourth
Amendment also states that if the warrant is not for the person's residence then the warrant
MUST describe the specific sub -unit to be searched. The warrant MUST describe the
individual(s) with sufficient particularity so that a person of average intelligence can distinguish
them from others in the general population. All of my fourth Amendment rights were violated
starting with the warrant. An illegal arrest is an ASSAULT and Battery. (State v. Robinson, 145
ME. 77, 72 ATL.260). Officer Skorupski proceeded to ask me questions pertaining to my person
and I told him that I didn't want to answer these questions and I asked if I don't comply what
would happen to me and he informed me that I wouldn't be released until the information he was
trying to ascertain were answered. I then told the officer I will answer your questions under
Threat, Duress and Coercion and not of my free will. Officers Skorupski proceeded on. Later that
day I was transferred over to a sheriff named T.J Schmitt and I told him like I told officer
Skorupski that I answer all your questions under Threat, Duress and Coercion and not of my free
will he understood. When I was forced to give my fingerprints and pictures were taken of me I
again told sheriff Schmitt that I cooperate but am not in agreement to my picture being taken
and my being fingerprinted and I do so under Threat, Duress and Coercion. I was processed and
then put into a cell where I was detained against my will.
On or about 10 am March 22, 2012 after signing a signature bond I would be released
after I signed some documents releasing me into the custody of a pre -trial parole officer, which I
signed against my will. I was told that if I did not sign, then I would be detained longer. March
23, 2012 I went back to work after being detained for approximately 23 hours. I later found out
that day that my name, age and address were published along with the report of my being
arrested on a charge of forgery in the Telegraph Herald Newspaper. Legal authority was not
given for the use of my name and any variation thereof which is my property claimed and filed at
the UCC Financing Division in the Iowa Secretary of State Office. I did not consent to the
dissemination of the false report that was published by the Telegraph Herald given to them by
the Dubuque Police Department. I noted that reporting of person incarcerated March 23`d named
only persons of African descent when non African — American persons were incarcerated as well
but their names were not published. Due to the erroneous charges printed by the Telegraph
Herald I was injured. I met with prosecuting attorney Brigit M. Barnes concerning my case. I
explained to Ms. Barnes how and why the process I did was lawful and legal according to the
references that I used. Brigit told me that I was not permitted to make my own money
order /negotiable instrument. Brigit did not back that statement up by any law, statue or code that
has anything to do with the constitution. All laws which are repugnant to the constitution are null
and void. "Chief Justice Marshall, Marbury v. Madison, 5 U.S (Cranch) 13 7,174,176. Neither
Ms. Barnes nor the public defender Steven Hodge could show me or tell me how I had broken
the law pertaining to my money order/ negotiable instrument yet I was being prosecuted.
"Constitutions are not primarily designed to protect majorities, who are usually able to protect
themselves, but rather to preserve and protect the rights of individuals and minorities against
arbitrary action of those in authority." Houston County v. Martin, 232 A 1 511; 169 So. 13.
I was injured. The Iowa code states that a person is guilty of forgery if, with intent to defraud or
injure anyone, or with knowledge that the person facilitating a fraud or injury to be perpetrated
by anyone, that person does any of the following: makes, completes, executes, authenticates,
issues, or transfers a writing so that it purports to be the act of another who did not authorize that
act. I did not defraud or injure anyone. That would not be the case as stated in the contract
between the clerk of court. December 23, 2011 specific instructions were given as to how to
discharge said instrument the identification number of the certification was 7011 2000 0002
6511 2688 under notary presentment. I acted by authority of 12 USC 1601, Federal Truth in
Lending Act, Regulation Z. The presentment was sent Certified Mail through the United States
Postal Service following ordinary business practices. This is not mail fraud. I did not make,
complete, execute, authenticate, issue or transfer a writing purporting it (negotiable
instrument/money order) to be the act of another who did not authorize that act. I told Ms.
Barnes that if my negotiable instrument/money order had a defect then the clerk of courts had a
duty to instruct me or make me aware of the defect so that I could effectuate a remedy as to set-
off the debt owed. The negotiable instrument was not mailed back to me nor was I told of any
defect by the contracting party so my instrument along with the "Request Regarding a statement
of account" was accepted and the matter was settled. I have been injured. I asked Ms. Barnes
who had I injured? If there were an injured party that person would have a claim via a sworn
affidavit signing under their full commercial liability, signing under penalty of perjury that the
facts stated within their affidavit is true,correct,complete and not misleading and that I Kischel
Renee Harris had injured him/her. There is no such affidavit and the person claiming to be the
injured party "Clay Gavin" is not and could never be the injured in this case. The Dubuque
County Attorneys, Dubuque Police Department and the Dubuque district courts had no personal
or subject matter jurisdiction over my private contract between me and the clerk of courts. The
Constitution of the United States, Article 4, Section 2, Clause 1 states "No state shall pass any
bill of attainder, ex post facto law, or law impairing the obligation of contract." I was unable to
attend the mandatory Clinical orientation at Finley and Mercy Hospital on October 5, 2012
because I had a pending felony. October 7, 2012 I was forced to drop out of my Radiology
course. I had waited almost three years to get into this program. I resigned from my job as a
paraeducator from Dubuque Public Schools as to accommodate my classes and was looking
forward to a career in becoming a Radiographer and becoming licensed in MRI and CAT scan. I
now owe N.I.C.C. money for prematurely dropping my courses. On October 12, 2012 my case
was dismissed based on the evidence I had from day one, which would be an original check
which had the routing and account number on it that matched the one on the negotiable
instrument/money order. Had I been represented properly I would have sustained minimal
damage and would still be in school. Irrevocable damage was done to me because of the lack of
concern of my innocence. Steven Hodge failed to diligently and effectively do his job.
Further Affiant saith naught"
Cc: NAACP
Cc: Rainbow Push Coalition
Cc: National Urban League
li
DUBUQU
COUNTY ATTORNEY
December 29, 2011
Captain Scott Engleman
Police Department
County Attorney DLEC
Ralph R. Potter Dubuque, IA 52001
Assistant
County Attorneys
Christine 0. Corken,
First Assistant
Timothy J. Gallagher
Jean A. Becker
Lyle R. Galliart
Michael J. Whalen
Mark T. Hostager
Alisha A. Stach
Robert J. Richter
Brigit M. Bames
Victim and Witness
Assistance
Julie C. Homb
Holly M. Elliott
Dear Scott:
Enclosed please find documentation we received from Clay Gavin al the
Clerk of Court's Office. Apparently an individual by the name of Kischel
Harris attempted to pay a debt at the Clerk's Office with the attached money
order. As the documentation indicates, American Trust verified with the
bank in question that this was a fraudulent money order. I don't know
anything other than what's contained in these letters but it appears to be
something that should be investigated. Apparently this individual may be a
posse comitatus loon. Thank you.
Sincerely,
184-
Ralph R. Potter
County Attorney
RRP /tmh
Enc.
Dubuque County Courthouse, Dubuque, Iowa 52001 -7057
(563) 589 -4470, Fax (563) 589 -4477
warrant warrant warrant - warrant - warrant - warrant. - Tarrant - warrant
• WA ? R �A ,N .�. OF ARREST
*
*
*
*
* STATE OF IOWA ) WARRANT OF ARREST
* ) ss
* DUBUQUE COUNTY ) Criminal Case No. 01311 FECR100045
*
*
* TO ANY PEACE OFFICER IN THE STATE OF IOWA:
*
* On this date an order has been issued in the Iowa District Court
* in and for Dubuque County, Iowa, which commands the Clerk of the
* District Court to issue a Warrant of Arrest for the following defendant:
* Name: KISCHEL HARRIS
* Address: 768 NEVADA ST APT 3
* DUBUQUE IA 52001
* PIN: DU1647949 Date Of Birth: 10/22/75
*
*
IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY, IOWA
'J P
* who has been charged with the crime(s) in violation of Code Section(s):
* �715A.2 (2) (A) FORGERY (FELD)
*
*
* YOU ARE HEREBY COMMANDED FORTHWITH TO ARREST SAID DEFENDANT
*
* and bring said defendant before said Court at Dubuque County, Iowa or
* in the absence of a Judge of said Court, before the nearest Magistrate
* in said County.
*
* Bail has been set in the aforementioned order in the amount of
* $10000.00 cash or approved surety.
*
* Dated 03/20/12
*
*
*
*
* OFFICER'S RETURN
* I hereby certify and return that I have received
* Arrest for service on the day of
* the day of
in
* Iowa, I arrested Defendant:
* him /her now in Custody.
* FEES:
*
* Expense $ Service $
* Expense $ Total $
*
*
Clerk of District Court or Designee
this
Warrant of
, and on
County,
and have
Officer's Signature
warrant - warrant - warrant - warrant - warrant - warrant - warrant - warrant
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Defendant: Kischel R Harris
DPD CASE NO.: 12 -4285
Page 1 of 3
IN THE
IOWA DISTRICT COURT FOR DUBUQUE COUNTY
Before the Presiding
Judge or Magistrate
STATE OF IOWA
VS
Kischel R Harris
Defendant
DOB: 10/22/75 SSAN
768 Nevada #3
Dubuque, IA 52001
Iowa District Court
Court House, 2nd Floor
700 Central Avenue
Dubuque County,
Dubuque, Iowa 52001
Criminal No.i9/3 / /f6' /O
COMPLAINT
The Defendant, Kischel R Harris
is accused of the crime of Forgery
in that the Defendant did, on or about the 23'd day of December, 2011 in Dubuque
County, Iowa, committed forgery by, to wit: with knowledge that the person is facilitating a
fraud, the person uttered a writing which they knew to be forged involving a money order.
in violation of Section 715A.2 of the Iowa Criminal Code.
C}�I day Morrissette, L2
I V day of
Subscribed in my presence and sworn to before me this
Nfro- ,
Notary Pikt Iic, Stat
ABIG /71 SIF U
n�c��s� 1••
T �
My Comm_E_p. MAY 21, 2012
DPD 149 -05-90 L2
Defendant: Kischel R Harris
DPD CASE NO.: 12 -4285
Page 2 of 3
STATE OF IOWA ) ss.
DUBUQUE COUNTY ) AFFIDAVIT
The undersigned, being first duly sworn, states the following in support of probable
cause to believe the offense charged hereon has been committed and that the Defendant
has committed it:
On December 23, 2011 KISCHEL R HARRIS (10/22/75) presented a money order
to the Dubuque County Clerk of Courts office for fines owed in the amount of $1945.50.
The money order was not accepted by the Clerk of Courts office because it was not
deemed to be an acceptable form of payment due to the fact that it did not have a bank
name on it and it was not a Western Union money order. The money order was also not
accepted because it appeared to be a personal check that was being presented as a
money order, and there was language in the memo section of the money order that is not
usually seen on money orders or personal checks.
On or about December 27, 2011 the money order that Harris presented to the
Clerk of Courts office, that was not accepted, was located in the mail after it was
discovered that Harris had sent the same money order that she presented on December
23, 2011through the United States Postal Service using certified mail. The certified mail
containing the money order from Harris was signed for by Clay Gavin.
The Clerk of Courts office showed the money order from Harris to American Trust
bank employees. American Trust bank employees then contacted RBS Citizens Bank
NA out of Providence, RI due to the fact that RBS Citizens Bank NA routing number
appeared on the bottom of the money order presented to the Clerk of Courts office by
Harris. American Trust bank verified with RBS Citizens Bank NA that the money order
from Harris was fraudulent.
On February 2, 2012 I confirmed that the routing number located on the money
order belonged to Charter One Bank, which is associated with RBS Citizens Bank NA. I
was further informed that Charter One Bank does not even sell money orders alb.
nffrmed that the-account number that appeared on the bottom of the money order was
rat an account number associated with either RBS Citizens Bank NA or Charter One
Sank..
On February 20, 2012 I interviewed Harris. Harris admitted to presenting the
money order to the Clerk of Courts office and then mailing the money order to the Clerk
DPD 149 -05 -90 L2
Defendant: Kischel R Harris
DPD CASE NO.: 12 -4285
Page 3 of 3
of Courts office. Harris also admitted to signing the money order and that she presented
it as payment.
p l Jay y tte, L2
Subscri ed and sworn to before me this 1 ( day of
�C{� , 2012.
iy Cc".
E ;:n....; , 2012 I
Nota ublic, State as --
21
The foregoing Complaint with attached affidavit having been filed before the
undersigned, it appears from said Complaint and Affidavit that there is probable cause to
believe an offense has been committed and that the Defendant committed the offense.
Dated this day of
BY THE COURT:
Judge Magistrate / Iowa District Court
FIRST JTJDICIAL DISTRICT TDEPA.RTM ENT OF CORRECTIONAL SERVICES '
TEMPORARY PRE -TRIAL CONDITIONS AND INSTRUCTIONS .
Name Kischel Renae Harris
Address 768 Nevada Apt. # 3, Dubuque, Iowa 52001
Co /Cause No.
Phone 563 517 -7256
DOB. 10/22/1975 SS No. 248 -53 -6132
Employer - Name /Address/Phone /Shift Jefferson Middle School, Dubuque, Iowa
You have been granted Pretrial Supervision by the Court and placed under the supervision of the First Judicial
District Department of Correctional Services under the authority of the Code of Iowa.
In the near future you will be assigned to a Probation/Parole /Pretrial Officer. Until that time, you are instructed
to abide by the following. conditions. If you fail to do so, you will be considered to be in violation of your pretrial
supervision.
1. Will obey all laws (Federal, State or City Ordinances) and will advise the Department of any arrest or
citation issued, as well as notify the arresting authorities of being released from jail in the custody of
the Department.
2. I will abstain from the use of alcohol.
3. I will remain in Dubuque County, State of Iowa, unless granted permission to leave by
the Court or the Department of Correctional Services.
4. I will report in person or by phone on 3/26/2012 at 9:00 a.m. /p.m.
to the Department of Correctional Services and abide by further reporting instructions:
5. I will notify the Department of Correctional Services by phone of any change in my address or phone
within 24 hours of the change by calling. (Phone number to call: (563557 -7244 )
I HAVE READ, UNDERSTAND AND ACCEPT THE ABOVE CONDITIONS AND INSTRUCTIONS:
Pr bationer Td2n'/
.'� 3 -2a -i,2
ACC i- 3OJ' ' Date
T esdc \ 2; °`f S P
7772.
'1 /0 2-0 / 0
tiRR -22 -2012 08:15 From: DUBUQUE COURTHOUSE 1
• •
• •
•
To:563 587 3811 P.1/1
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY -
STATE OF IOWA,
vs.
Plaintiff,
Defendant.
Criminal No(s). 01311
RECORD OF INITIAL APPEARANCE
APPARANCESFOR
STATE: ...)L County Attorney: DEFENDANT: X PDO; Atty.
CHARGE(S):1'GiJj61
The Court finds probable cause to believe an offense was committed by the Defendant.
A copy of the Complaint was given to the Defendant and/or counsel on this date.
APPOINTMENT OF COUNSEL,
( ) The defendant anticipates retaining Attorney
( ) The Court continues the previously ordered appointment.
(,The Court appoints: j{, the Public Defender; Attorney
at public expense subject to the filing of a financial (affidavit PDO refused case due to contlict/caeeload.
:S_ Cs r
Di
F RTH
R • ROC
GS
( ) The defendant is released without bail or conditions. ( ) Bail and conditions previously set are continued.
rA,The defepdpnLis released on the bail chocked below:
$ i l) WO unsecured appearance bond; 10% cash required
$ cash or approved surely bond cash only
The defendant shall appear et all times required and is personally responsible for learning whon his/her appearance lu required-
( ) Defendant shall sign tickets as forfeitable unsecured appearance bond in cases
[)0 The defendant is placed In the custody of the Department of Correctional Services, 745 Main Street, Dubuque, Iowa, 52001,
583/557 -7244, for supervision Community Treatment Coordinator Probation 8uporvieor
( ) U®tween the hours of p m and a -m. the defendant shall be in his /her residence except for court
appearances, employment purposoa or emergency medical sere.
( ) The defendant shall have no contact In any way with
( ) Defendant shall comply with separate [Domestic Abuse] [Harassment] (Stalking] (Sexual Abuse] Order of Protection.
( ) Defendant shall obtain a substance abuse evaluation and follow rocommendallons, if any
( ) Defendant shall not operate a motor vehicle in Iowa without a valid Iowa license.
( ) Defendant shell satisfy sobriety rules.
( )
FURTHER PROCI;EDINQS $CHEDULEP
All further proceedings shall Do held at the Dubuque County Courthouse, 720 Contra) Avenue, Dubuque, Iowa
( ) The INITIAL APPEARANCE is continued until at 1015 a.m Defendant was so informed.
(8.30 a.m video If defend nt a II In custody)
()CIA PRELIMINARY HEARING /ARRAIGNMENT Is scheduled for - � at 10.15 a.m. Defendant was no Informed.
( ) The defendant waived a preliminary hearing and is held to answe
( ) A BOND REVIEW is scheduled for et .m.
( ) DRIVING WHILE SUSPENDED COURT on Friday, at 10,00 a.m.
( ) SIMPLE MIBDIMEANOR COURT on . at 0
DATED:
JUDGI~ 1 MAGISTRATE - FIR T JUDICIAL DISTRICT OF IOWA
PLEASE NOM: C: If you roqulro Dm assistance of auxiliary aide or services 10 participate In court becauco of a disability, immodintoly op I your district ADA
coordinator at 315/823/3332. If you aro hearing impaired, cat relay Iowa Try al 1- 900 - 736.2942
On By:
Distributed to
Ver:12/11
IN THE DISTRICT COURT OF IOWA, IN AND FOR DUBUQUE COUNT'S'
` , 0 2 M 2 8 hrr 9.
TRIAL INFORMATION
11 ;AA
THE STATE OF IOWA
vs. )
)
KISCHEL RENEE HARRIS )
768 NEVADA ST, APT. 3 )
DUBUQUE, IA 52001 )
d/o/b 10/22/1975 )
Criminal No. 01311 FECR100045
Cross Ref. Crim. No.
County Atty. No.
92668
Agency Case No.
DPD12 -4285
I: " ,II:
,III: ,IV: .
COMES NOW BRIGIT M. BARNES, as Prosecuting Attorney of Dubuque County,
State of Iowa, and in the name and by the authority of the State of Iowa, accuses:
KISCHEL RENEE HARRIS
of the crime(s) of:
COUNT I: FORGERY,
in violation of Section(s): COUNT I: 715A.2(1),
of the 2011 Code of Iowa, as amended, committed as follows:
That said Defendant(s) on or about December 23, 2011, in Dubuque County, Iowa, did:
Count I: With the intent to defraud or injure anyone, or with knowledge that she was
facilitating a fraud or injury to be perpetrated by anyone, did make, complete, execute,
authenticate, issue or transfer a writing so that it purported to be the act of another who
did not authorize that act, and /or utter such a writing and /or possess such a writing, said
writing being a money order.
TRUF/IIFO MATION
/71/77 1/74/
,Pros c4Ctf g Attorney
AT!0J00630/
Kischel R r: iafi1es
7924 S. Mi S (FGON AVE, ,jFT.2E
Chicago, L', SQ67
■EDI?e.,.
2- 7132/2710
ule 869
G2002 ANNE GEDDES
KISCHEL R HARRIS
BOND # E83956084
BC #112 -75 -0094887 ACCEPTANCE SETOFF & DISCHARGE MONEY ORDER
NP
ANNE GEDDES'. WDAN
WARNING: THIS DOCUMENT HAS SECURITY FEATURES IN THE. PAPER
MONEY ORDER # 8690447305 -0001
Pay to order of
AMOUNT:
DATE:
DOLLARS
MEMO: PAYABLE ON DEMAND X 0248536132 UCC 1 -308, 3- 415
EFT For SETOFF & DISCHARGE ONLY Acceptance Agent duly authorized and without recourse. UCC 3- 415; 1 -308
DO NOT ACH/ NOT FOR DEPOSIT Account Narne: KISCHEL R HARRIS, No.: E248 -53 -6132
1: 2710713211: 8690447305111 0001
' ;
I .�_
IN THE DISTRICT COURT OF TOWA,.IN AND FOR DUBUQUE COUNTY
K112 OCT 12 P:11 9: 2
iUBi ' ; )` !'- : -' Criminal No. 01311 FECR100045
THE STATE OF IOWA
VS.
KISCHEL RENEE HARRIS
APPLICATION FOR DISMISSAL
COMES NOW the State of Iowa by Assistant County Attorney, Brigit M. Barnes, and
makes application to the Court for and on behalf of the State of Iowa to dismiss the above - entitled
charge(s) in the furtherance of justice for the following reasons:
1_ The State now has information that the Defendant's account number was on the
document she claimed to be a money order. The State initially had information that the account
number did not belong to the Defendant_
WHEREFORE, the applicant prays that the above - entitled charge(s) be dismissed in the
furtherance of justice in accordance with Iowa Rule of Criminal Procedure 2.33(1).
By:
STATE OF,TOWA
7M`,1 ARNES
mg Attomey
que Cciunty Courthouse
ORD
NOW, on this �`
,� day of , 20 2_ , there comes on for
hearing the Application of the State of Iowa, to dismiss the above - entitled charge(s) in the furtherance
of justice for the reason set out in the Application.
If Defendant was represented by court- appointed counsel, the Defendant must pay
restitution for attorney fees pursuant to §815.9 ^ ^ ^+ Pa and judgment is ordered for
the same. Die• plYke,46 .> r ari; - u 2,
IT IS THEREFORE ORDE , ADJUD ' AND DECREED that the above - entitled
charge(s) be and the same is hereby dismissed in the furtherance of justice.
Any warrant outstanding on this charge is .ereby quashed.
BY THE COURT:
U.S. Department of Justice
United States Attorney
Northern District of Iowa
111 Seventh Ave, SE 319- 363 -6333
Box 1 319- 363 -1990 (fax)
Cedar Rapids, IA 52901 319 -286 -9258 (try)
April 10, 2013
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Kischel Harris
768 Nevada St. #3
Dubuque, IA 52001
Dear Ms. Harris:
As you know, the FBI has conducted an investigation and found evidence that
you committed mail fraud by mailing a fraudulent money order to the Dubuque County
Clerk of Courts. The evidence indicates a violation of 18 U.S.C. § 1341.
Based upon our review of the facts in this case, this office has determined that
charges relating to these violations will be presented to a Grand Jury for consideration.
A maximum possible penalty the violation is imprisonment for up to five years along
with financial penalties and other consequences.
We ask that you or your attorney contact this office within fourteen (14) days of
receiving this letter. At that time we will discuss the results of the investigation and what
will happen next in this matter.
Sincerely,
SEAN R. BERRY
Acting United States Attorney
By, /s Anthony Morfitt
ANTHONY MORFITT
Assistant United States Attorney
THIS IS A PRIVATE COMMUNICATION BETWEEN THE PARTIES
CONSTRUCTIVE NOTICE OF CONDITIONAL ACCEPTANCE
Notice to Agent is Notice to Principal
Notice to Principal is Notice to Agent
Applicable to all Successors and Assigns
Dated: May 1, 2013
PRINCIPAL: Kischel Renee Harris
C/o Abigail LaPage, Notary Public
400 South Locusts Street
Dubuque, Iowa [52002]
Non - Domestic without U.S
RESPONDENT(S): Acting United States Attorney; Sean R. Berry
Assistant United States Attorney; Anthony Moffitt
United States Attorney
Northern District of Iowa
111 Seventh Avenue, Southeast
Box 1 Cedar Rapids, Iowa [52401]
Thank you for your presentment dated April 10, 2013 and received on or about April 20, 2013.
Principal, hereinafter, "accommodation party" conditionally accepts your offer that the accommodation party has
agreed to an investigation conducted by the F.B.I. or any of its agents for alleged mail fraud or fraudulent money
order to the Dubuque County Clerk of Courts and that the accommodation party for setoff has consented to be under
any State or Federal Code regulation or law, Upon Proof of claim:
1. That the financial Instrument had any defect where by any agent of the Clerk of the District Court and/or
Dubuque Police Department or any of its agents have any standing to make a claim whereby due process
was given in "Good Faith."
2. That anyone was injured
3. That there was any intent to commit fraud
4. That any crime was committed
5. That the public State court did find evidence of mail li and
6. That there is no controversy in the matter and all parties agree
7. That the accommodation party has been presented with an original charging instrument for my inspection
8. That the matter before this court has been set -off, settled and closed.
RESPONDENTS) have Ten (10) days from the receipt of this Constructive Notice of Conditional Acceptance
and the enclosed Affidavit of Specific negative Averment, hereinafter "AFFIDAVIT ", to respond on a point -by-
point basis, via sworn affidavit, under RESPONDENTS' full commercial liability, signing under penalty of perjury
that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient
response. If an extension of time is needed to properly answer, please request it in writing in the given time frame.
Failure to respond will be deemed agreement with the fact stated in the enclosed AFFIDAVIT and an inability to
prove RESPONDENTS' claim.
G,L2 /2 - ✓
Accommodation Party
ALL RIGHT RESERVED; WITHOUT PREJUDICE
COMMERCIAL AFFIDAVIT
The undersigned Affiant, Kischel Renee Harris, hereinafter "Affiant ", does solemnly swear, declare and state as
follows:
1. Affiant is competent to state the matters set forth herein.
2. Affiant has knowledge of the facts stated herein.
3. All the facts herein are true, correct and complete, admissible as evidence and if called upon as a witness
Affiant will testify to their veracity.
Plain Statement of Facts
1. There is no evidence that Affiant devised or intended to devise a scheme to defraud, obtain money or
property by means of false or fraudulent pretenses, representations or promises and affiant believes
no such evidence exists;
2. There is no evidence that Affiant acted with specific intent to defraud obtain money or property by
false or fraudulent pretenses, representations or promises and affiant believes no such evidence exist;
3. There is no evidence that Affiant participated in mailed fraud and affiant believes no such evidence
exist;
4. There is no evidence that the scheme was in connection with the conduct of telemarketing or
victimizing ten or more persons over the age of 55, or targeted person over the age of 55. That the
scheme was related to a presidentially declared major disaster or emergency and affiant believes no
such evidence exists;
5. There is no evidence that the scheme affected a financial institution and affiant believes no such
evidence exists;
6. There is no evidence that Affiant is not a living, breathing, sentient being on the land, a Natural
Person, and therefore is not and cannot be an ARTIFICIAL PERSON pursuant to any process, law,
code , or statute or any color of law thereof and Affiant believes no such evidence exists; and
7. There is no evidence of a defect in the financial instrument, hereinafter "money order" that visually
bares the writing "All Rights Reserved" and "without recourse" that constitute a reservation of
secured rights in law and Affiant believes no such evidence exists; and
8. There is no evidence of an injured party and Affiant believes no such evidence exists;
9. There is no evidence that the Affiant attempted to conceal activity, nor did affiant profit or convert
money to her own use and affiant believes no such evidence exist;
10. There is no evidence that affiant obtained money or property by false or fraudulent pretenses, a false
or fraudulent pretense, representation, or promise and affiant believes no such evidence exist;
11. There is no evidence that affiant used the United States Postal Service as part of an execution or
attempt to execute a fraud and affiant believes no such evidence exist.
Commercial Affidavit Oath and Verification
I, Kischel Renee Harris, Secured Party Creditor, under my unlimited liability and commercial Oath, proceeding in
good faith, under sound mind, having first -hand knowledge, affirm, state, and declare that the fact contained above
herein are true, correct, complete and not misleading, under penalty of International Commercial Law.
Witness my hand and seal.
Kischel Renee Harris, Secured Party Creditor
Executive Trustee for the Trust known as
KISCHEL R HARRIS
ALL RIGHTS RESERVED WITHOUT
PREJUDICE
IN WITNESS WHEROF I hereunto set my hand and seal on this 1st day of May, 2013 and herby certify all the
statement made above are true, correct and complete.
Date: May 1, 2013
Iowa state
) ss:
Dubuque County
Signed: c�� - ,
Kischel Renee Harris
JURAT
Subscribed and swom to (or affirmed) before me on the 1st day of May, 2013 by Kischel Renee Harris, prove to me
on the basis of satisfactory evidence to be the person who appeared before me.
(seal)
ABIGAIL LAPAGE
COMMISSION NUMBER 768105
MY e u kat N PIKES
LEGAL NOTICE The Certifying Notary is an independent contractor and not party to this claim. In the fact the Certifying Notary is a Federal
Witness Pursuant to TITLE 18, PART I, CHAPTER 73 SEC. 1512. Tampering with a witness, victim, or an informant. The Certifying Notary
also performs the functions of a quasi - Postal inspector under the homeland Security Act by being compelled to report any violations of the U.S.
Postal regulations as an Officer of the Executive Department. Intimidation a Notary public under Color of Law is a violation of Title 18, U.S.
Code, Section, 242 titled "Deprivation of Rights under Color of Law," Which primarily governs police misconduct investigations. This Statute
makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or united Sates
of America those rights protected by the Constitution and U.S. laws.
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Cc: National Urban League
Cc: Rainbow Push Coalition
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Northeast Iowa Comm College
PO Box 400
Calmar IA 52132
Statement of Account
Student Receivable
Account Holder 0346307 Statement Date 01/11/13
Mrs Kischel R. Harris
Amount to Pay 407.00
Mrs Kischel R. Harris
768 Nevada #3
Dubuque, IA 52001
A restriction is placed on all accounts with an unpaid balance.
This prevents registration & release of grades /transcripts.
Please direct questions regarding billing /payment to the Peosta
Bookstore /Business Services Office at 800- 728 -7367, ext. 206.
For questions about financial aid call ext. 220, 219, or 212.
Mailed payments should be addressed as follows:
NICC Bookstore, 8342 NICC Drive, Peosta, IA 52068
This will be your FINAL billing'for the 2012 /FA term. If payment
arrangements (full payment or authorized payment plan) are not
made within 10 days, this account will be placed in collection.
It will also be submitted to the State of Iowa Offset Program
which collects educational debt from any claim owed a person by
the state, including by not limited to an Iowa income tax refund.
Payments/
Ref No Date Term Code Description Charges Credits Balance
04/04/12 * ** Balance Forward * ** 465.00 465.00
000518880 08/15/12 2012 /FA Registration - 2012 /FA 1,548.50 2,013.50
000151513 08/15/12 2010 /FA PBANK Peosta Payments 265.00 1,748.50
000519521 08/16/12 2012 /SU 2012 /FA to Cover Balance 200.00 1,548.50
000519523 08/16/12 2010 /FA 2012/SU to Correct Error 200.00 1,748.50
000519530 08/16/12 2012 /SU To Cover Error 200.00 1,948.50
000519535 08/16/12 2010 /FA To Correct Error 200.00 2,148.50
000519538 08/16/12 2010 /FA To Cover Errors 400.00 1,748.50
000519564 08/16/12 2010 /FA 2012 /FA to Cover Balance 200.00 1,548.50
000519567 08/16/12 2012 /FA Balance From 2010 /FA 200.00 1,748.50
000520239 08/20/12 2012 /FA 2012/FA Book Charges 403.65 2,152.15
000523278 08/27/12 2012 /FA 2012 /FA Book Charges 11.00 2,163.15
000524564 09/11/12 2012 /FA 2012 /FA Book Charges 62.30 2,225.45
V0197550 09/17/12 2012 /FA FA Fin Aid Refund 3,865.55 6,091.00
000103529 09/24/12 2012 /FA UNSUB Federal Unsub Loan 2,970.00 3,121.00
000103530 09/24/12 2012 /FA SUB Federal Sub Loan 1,733.00 1,388.00
000103531 09/24/12 2012 /FA FPELL Federal Pell Grant 1,388.00 0.00
000526264 10/09/12 2012 /FA Registration - 2012 /FA 0.00 0.00
000526323 10/10/12 2012 /FA Registration - 2012 /FA 489.00 - 489.00
000107293 10/24/12 2012 /FA UNSUB Federal Unsub Loan 896.00 407.00
Total: 8,052.00 7,645.00 407.00
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