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Suit by Dull Mullen i summons in a Civil Action UNITED STATES DISTRICT COURT for the Northern District of Iowa G wn ) Plaintiff } V. ) Civil Action No. C14-1023-EJM Defendant SUMMONS IN A CIVIL ACTION { C� TO: (Defendant's nanae and address � � C_ �l o, rn Ltlam) o, M A lawsuit has been filed against you.. Within 21 days after service of this summons on you(not counting the day you received it)—or 30 days if you are the State of Iowa—or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or(3)—you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose naive and address are: h If you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. I� sots CLERK OF COURT Bate: 11/10/2014 Signature of Clerk or Deputy Clerk C4 aV Oils- Case ilsCase 2:14-cv-01023-EJM Document 8 Filed 11/10/14 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRIP O 'SIS o SI 1, Sharon Dull Mullen,Pro-Se and 014 OCT2q P : 0 I Renee H. Mullen,Pro-Se, 2216'Street ' Racine, WI 53403 i Phone; 262-456-012 Plaintiffs C14-1023-EJM Case No. Ca*1367 City of Dubuque, Iowa,:Defendant In care of: COMPLAINT: Mr. Michael C. Van l lilli en, Dubuque City Manager :notice to City of Dubuque,. 50 W. 1 Street Iowa for payment of: � Dubuque Iowa,.52001 445 Lyras Blvd. Dubuque, I Phone: 563-589-41I0 and IA.. ,use of property from � December 13, 1990-2014 M . Crnna.Brumwell Say., and funds in Receivership Assistant City Attorney owed to Plaintiffs. Suite 330 Harbor View Place 300 Main.Street Dubuque,Iowa 52001-6944 Phone: 563-583-4113 Clem of Court Dubuque County Courthouse 720 Central Ave, Dubuque, IA 5200 Phone (563) 589-4418 I Now Cones, Sharon Dull;Mullen, Pro-Se and Renee H, Mullen,Pro-Se,Plaintiffs, hereinafter referred to as Plaintiffs v. The City of Dubuque,Iowa,Defendant,hereinafter referred to as Defendant state as follows: 1, subject Matter Jurisdiction Plaintiffs seek Diversity of Citizenship 28 U.S. Code Sec. 1332 (1) Citizens df different States, .The district courts shall have original jurisdiction ofall civil actions inhere the matter in controversy exceeds the sum of 75,000.00, exclusive of interest and cents and is between {1)citizens of,different jcrent ,states, 2. Plaintiff's citizenship,domicile and residency is 221 6 `Street, Racine, Wisconsin 53403 for the past 25 years. Case 2:14-cv-01023-EJM Document 7 Filed 11/10/14 Page 1 of 6 3. Defendant is The City of Dubuque,Iowa,Incorporated 501 C I Instrumentality of the United States, The city of Dubuque Iowa is located in the State of Iowa. Under Section 1441, a corporation is a citizen of state in which it is incorporated. 4. Property which is the subject of disputed case is owned by Plaintiffs and Title is in the name of Plaintiffs. Subject property is located at 445 Loras Blvd, in Dubuque, Iowa. 5. Defendant, City of Dubuque has had Receivership under Iowa 657A Receivership from December 13, 1990 to the present. This is an unconstitutional law and in violation of Plaintiffs,Fifth,Third and Fourteenth Amendment Rights. The United States District Court for the Eastern District of Wisconsin has fluther jurisdiction under 28 USC Section 1331 "The District Courts shall haw original jurisdiction of all civil actions arising under the Constitution, lands or treaties of the United States. "plaintiff's Constitutional Rights have been violated under the Fifth Amendment,Third Amendment and Fourteenth Amendment as stated below. 6. On October 28, 2014,Plaintiffs filed a lawsuit in The United States District Court for the Eastern District of Wisconsin located in Milwaukee,Wisconsin for payment of 445 Loras Blvd.,Dubuque Iowa and the use of Plaintiffs property from December 13, 1990 to the present time of October 27,2014 or until final payment is made to Plaintiffs under Plaintiffs Fifth Amendment,Fourteenth Amendment and Third Amendment rights, 7. This Action of a Summons and Complaint is being filed timely. Defendant,The City of Dubuque, Iowa has not filed a Summons and Complaint nor served Plaintiffs in the Iowa District Court for Dubuque County for the payment of Plaintiff's property. Plaintiffs action is on the subject of Defendants co:rrespondence with Plaintiffs to purchase 445 Loras Blvd. The Defendant also owes Plaintiffs for payments due for the use of 445 Loras Blvd. from December 13, 1990 to the present October, 2014. 8. Aggregation: The amount in controversy is above$75,000.00 in the amount of $287,525.28 which includes the following: $ 78,000.00 Assessed Value of$60,000,00 x 1300/a=$78,000.00 ti 6,597.00 Balance in Receivership as of February 2014 6,110,00 Insurance in Receivership 1,500.00 Fraudulent Billing for porches in 2013 never done. 2,250.00 Fraudulent Billing for furnace 01-11-2013 Building condemned 14,605.00 Loan from City of Dubuque to Receivership(CDB G Grant to City) 4 extra years billed(15 year loan for$73,026.00 from 1991 to 2006. Paid 3 extra years of 405.70 per mo.X 36 months=$14,605.00 1,899.28(Billed for property taxes 1988,1989& 1990. Was paid by owner. 176,574.00 Section 8 rents&tenant rents average$800.00 month x 312 Months=$249,600.00 minus$73,026.00 loan=$176,574,00 $287,525.28 Excluding Interest and Costs, 9. Defendant,The City of Dubuque, Iowa granted Fifth Amendment rights in 1988 to City of Attorney,Mr. Barry Lindahl's former law partners,Frances Henkel and James Case 2:14-cv-01023-EJM Document 7 Filed 11/10/14 Page 2 of 6 Roth doing business as H and R Properties by granting his former partners Eminent Domain. All three attorneys shared the same office spm and secretuy before Mr. � Lindahl became Dubuque City Attorney. In February 26, 1987,property located at � 423 Loras Blvd. was recorded for purchase price of$9,000.00 from Wm. Friedman and Orville Murphy. On April 5, 1988,The City of Dubuque under Fent Domain. purchased 423 Loras Blvd.from H and R Properties for$25,000.00. This was two houses down from Plaintiffs property at 445 Loras.Blvd. Plaintiffs were denied Eminent Domai A letter from lis. Crenna Brumwell Salun,Assistant City Attorney states, " stated that 445 Loras Blvd is the only receivership ever me by the City ref Duhugr e. As I have told you manly times, the City decided not to pursue receivership again because it requires a lot of work and time,"' " City has previously responded to this request. 1t rejected. The City has provided a counter offer of$50,000,00 with no interest." When.Plaintiffs were denied Eminent Domain, it was a violation of Plaintiff's Fourteenth Amendment Rights,"...gqr shall any, state...deny to any on within its "u 4&tc the gqM4 protection,otthe laws.". u 10. Defendant,the City of Dubuque, Iowa and its representatives including Mr. Barry9 Lin ahl did not file a Fiduciary Report, Form 56 with the IKS. to avoid any accounting and payment of taxes as required by the I.R.S. Defendant ftuther refused to file a 1099. Defendant's actions were for the purpose of denying Plaintiffs any income or show loss of income for tax purposes. lit.Barry Lindahl had knowledge of his duty,but refused to follow the law. 11. Defendant,the City of Dubuque has fraudulently listed The City of Dubuque as Owner and Mr. Steve Cook, .Manager as Owner. Plaintiffs are listed as owners and. 6 have Title. 12. Defendant,the City of Dubuque,Iowa's representatives,have mailed correspondence to Plaintiff's stating they intend to purchase Plaintiff's property at 445 Loras Blvd. 13. Defendant made one offer and two counter offers."base offers do not include the appraised value of$60,000.00 x 130%or$78,000.00 for the purchase price. This pertains to Iowa Fent Domain.Lave, 14. Defendants have not sent any earnest money with Defendant's offer as required by law. 15. Defendants have not acknowledged Plaintiff's disclosure statement as required by law. Seller must provide a disclosure statementooncerning the condition of the property at least 7 clays before a contract is signed. 16. Defendants have occupied Plaintiffs proper from December 1.3, 1.990 to the present,October,2014 as Receivers under Iowa 657.A. This was a taking without paying just compensation. Plaintiffs,asked for Just Compensation at that time. Defendant's owe Plaintiff s for the use of Plaintiffs property. 17. Defendants have overcharged Plaintiffs for management fees. Those fees have ranged from 22%of the income to more than the income from rents. Any excess in the account was emptied into outrageous management costs. For example, in 2010, the rents were$4,116.00 but the management fees were$5,628.24. 18,Management has allowed Plaintiffs building to deteriorate to the paint it should be tarn.down. 19. Plaintiffs were never paid anything.Defendants have used and kept the income for the bast nearly 24 years. This was in violation of Plaintiffs Fifth Amendment, Case 2:14-cv-01023-EJM Document 7 Filed 11/10/14 Page 3 of 6 9 Fourteenth Amendment and Third Amendment Rights. Plaine use U. S. Supreme Court Case Lain"Youngstown Sheet and Tube Co.v.Sawyer." Numerous cases have used this one case law to be included later. "Majority Opinion: Justice Black wrote for the majority, although the number of divergent concurring opinions made it clear that he did not necessarily speak for it. Black took as he often dit4 an absolutist view, holding that the President had no power to act except in those cases expressly or implicitly authorized by the Constitudon or an act of Congress" 20. Plaintiffs further use U.S Supreme Court Case Law. United Statex v.Sioux Nation Q,fInd'irm, 448 US. 371 (1981), was a United States-Siffeme Court case in which the Court held that:1)the enactment by Con of a law allowing the 8irnax 1�trtirrrr to pursue a claim against the United,States that had been previously adjudicated did not violate the doctrine o„fseparat on ofprrwers;and 2)the taking ofproperty that was set aside for the use of the tribe rewired just compensation, including interest 21. The Supreme Court affirmed this was a Wring of the Sioux Nation's Fifth Amendment Rights. Plainb$'s state the Defendant,The City of Dubuque,Iowa a denied:Plaintiffs Fifth Amendment Rights when they slid not first pay for their property before using it,have.refused to follow Eminent Domain in:the present and have further denied Plaintiffs rights by not:paying for the use of Plaintiffs property. 22.Plaintiffs further affirm their Fifth Amendment Rights were denied as Defendant,The l City of Dubuque owe Plaintiffs interest for the use of their property. Plaintiffs use U.S.v.Sioux.Nation. The U.S.Supreme Court awarded in addition to just compensation also interest for the past 100 years. Defendant,City of Dubuque,Iowa 1 used Plaintiffs property for nearly 24 years. 23.Defendant has failed to fallow Eminent Domain Proceedings. Defendants have not filed a Motion for Eminent Domain proceedings. This is the only way that V Defendant,The City of Dubuque has the authority to buy Plaintiff's property. 24. Defendant's representative,Ms.Crena Brumwell Salim has verbally threatened Plaintiffs that Defendant will sell the PlaindIrs property without Plaintiff's permission to another buyer for any price rather tlian pay Plaintiffs. Therefore,Plaints pray that the Court will grant their Petition to be heard the United States District Court for the Eastern District of Wisconsin. This is Plaintiffs only Dope for a fair trial. Sharon Drill vll aintiff Renee Mullen,Plaintiff Pro-Se Dates this-!?f Clay of October,2014 Certified Filed Service To The City of Dubuque In Care Of- Case 2;14-cv-01023-EJM Document 7 Filed 11/10/14 Page 4 of 6 4 Clerk of Court Dubuque County Courthouse, Mr.Michael'Vag Milligen,Dubuque City Manager and, Ms.Crenna Brumwell Salim,Assistant City Attorney li �i 'i II . !I jl t I� �I o I Case 2:14-cv-01023-EJM Document 7 Filed 11/10/14 Page 5 of 6 Clerk of Court Dubuque County Courthouse, I r. ich el Van Milli en, Dubuque.que City Manager and, Ms. Crennu Brumwell Sahm,Assistant City Attorney 5 I fi i t I Case 2:14-cv-01023-EJM Document 7 Filed 11/10/14 Page 6 of 6