Suit_City of Dubuque vs. Edward Davis et al IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA, )
Petitioner, ) Case No. 01311 EQCV Q 0
vs. )
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EDWARD F. DAVIS, DUPACO COMMUNITY )
CREDIT UNION, DEPARTMENT OF HUMAN )
SERVICES FOR THE STATEF
O IOWA
ORIGINAL NOTICE
KAREN C. BOELK-YAGER, STATE OF IOWA )
FOR THE CLERK OF DISTRICT COURT )
FOR DUBUQUE COUNTY, AND CITY )
OF DUBUQUE, )
Respondents. )
TO THE ABOVE-NAMED DEFENDANTS:
You are hereby notified that there is now on file in the office of the clerk of the above
court, a petition in the above-entitled action, a copy of which petition is attached hereto.
The Petitioner's attorney is Crenna Brumwell, Assistant City Attorney, whose address is
300 Main Street, Suite 330, Dubuque, Iowa, 52001.
You are further notified that unless, within twenty(20) days after service of this original
notice upon you, you serve, and within a reasonable time thereafter file, a written motion
or answer, in the Iowa District Court for Dubuque County, at the county courthouse in
Dubuque, Iowa, judgment by default will be rendered against you for the relief
demanded in the petition.
CLERK OF THE ABOVE COURT
By: S!i hftOACCI
Designee
Dubuque County Courthouse �1
Dubuque, IA 52001
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NOTE: The attorney who is expected to represent the defendant should be promptly advised by
defendant of the service of this notice.
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STATE OF IOWA JUDICIARY Case No. EQCV103001
County Dubuque
Case Title CITY OF DUBUQUE V DAVIS 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 htto://www.iowacourts.state.ia.us/Efile 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:
hftp://www.iowacourts.state.ia.us/Efile
FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA
COURT.RULES CHAPTER 16:htto://www.iowacourts.state.!a.us/Efile
Scheduled Hearing:
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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)833-3332 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.)
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Date Issued 05/19/2015 03:27:02 PM
District Clerk of Dubuque County I
/s/ Chandal Link
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E-FILED 2015 MAY 19 11:08 AM DUBUQUE-CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA, )
Petitioner, ) Case No. 01311 EQCV 1 n a
vs. )
EDWARD F. DAVIS, DUPACO COMMUNITY )
CREDIT UNION, DEPARTMENT OF HUMAN )
SERVICES FOR THE STATE OF IOWA, ) PETITION
KAREN C. BOELK-YAGER, STATE OF IOWA )
FOR THE CLERK OF DISTRICT COURT
FOR DUBUQUE COUNTY, AND CITY )
OF DUBUQUE, )
Respondents. )
COMES NOW the Petitioner, City of Dubuque, Iowa, and states to the Court as follows:
1. That the City of Dubuque is a municipality located in Dubuque County,
Iowa.
2. That the property which is the subject matter of this suit is 971 Bluff Street,
Dubuque, Iowa, and legally described as:
Lot 9, and Lot 2 of Lot 10, both of the Subdivision of the East Part
of Out Lot 655 in the City of Dubuque, Iowa, according to the
recorded plats thereof.
3. That there is situated upon this property, a building which is abandoned,
vacant, and dilapidated within the meaning of Iowa Code Section
657A.10A(3).
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4. That the Respondent, Edward Davis, has an interest in this property in C
that he is the deed holder.
c.
5. That the Respondent, Dupaco Community Credit Union, may have an
interest in this property in that it holds a mortgage for the property
(Instrument No. 2010-15685).
6. That the Respondent, Department of Human Services for the State of
Iowa, may have an interest in this property in that judgment was entered in
their favor on November 29, 1993, November 28, 2000, and June 7, 2005
for Case No. EQCV086596.
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E-FILED 2015 MAY 19 11:08 AM DUBUQUE- CLERK OF DISTRICT COURT
7. That the Respondent, Karen Boelk-Yager, next friend and mother of
Tiffany Lynn Boelk, a minor child, may have an interest in this property in
that judgment was entered in her favor on November 29, 1993, November
28, 2000, and June 7, 2005 for Case No. EQCV086596.
8. That the Respondent, State of Iowa for the Clerk of District Court for
Dubuque County, may have an interest in this property in that judgment
was entered in their favor on September 13, 2013 for Case No.
OWCR107297.
9. That the.Respondent, City of Dubuque, Iowa, may have an interest in this
property in that judgment was entered in their favor on December 10,
2010 for Case No. DUSTA0105412.
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10. The Petitioner herein, City of Dubuque, has documentation that supports
its statement that the building situated on the property has been
abandoned and sufficient evidence to support the considerations required
by Ch. 657A.1 OA and/or evidence that all the parties with an interest in the
property did not make a good faith effort to comply with an order of the
local housing official within sixty(60) days after the filing of this Petition.
WHEREFORE, Petitioner prays that:
1. That the Court enter an order that the matter be set for hearing no less
than sixty (60) days after the filing of the petition;
2. Upon hearing, the Court determine that the property is abandoned within
the meaning of Iowa Code Section 657A.1OA;
3. That the Court enter judgment against the Respondents pursuant to
§657A.10A of the Iowa Code awarding the title to the property to the City
of Dubuque, Iowa, free and clear of any claims, liens, or encumbrances
held by the Respondents; and
4. For such other and further relief as the Court deems just and equitable.
CIT O DU Q15 IOWA
By:
enna Bramwell
Assistant City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 589-4381
Masterpiece on the Mississippi
City Attorney's Office
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6946
Dubuque
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All -America City
2007
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City of Dubuque
50 W. 13th Street
- Dubuque, IA 52001
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