Suit_City of Dubuque vs. Chad Hansen et al 4
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA,
Petitioner, ) Case No. 01311 EQCV 102q�(i
)
vs. )
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CHAD R. HANSEN, WENDY M. GIPSON, )
DEPARTMENT OF HUMAN SERVICES FOR }
THE STATE OF IOWA, AMBER J. PRIEBE, ) ORIGINAL NOTICE
ASHLEY M. BECKER, CITY OF DUBUQUE, ) s
IOWA, ACC 133 LLC/DUTRAC/ITP, AND ) f
DUBUQUE COUNTY, IOWA, )
Respondents. ) ��
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TO THE ABOVE-NAMED DEFENDANTS:
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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.
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CLERK OF THE ABOVE COURT
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Designee
Dubuque County Courthouse
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. EQCv102986
county Dubuque
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Case Title CITY OF DUBUQUE V HANSEN ET AL
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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
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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:
http://vArw.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:http://www.iowacourts.state.ia.us/Efile
SIIScheduled 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.)
Date Issued 05/15/2015 02:08:07 PM
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District Clerk of Dubuque County
/s/ Kati Ernst
E-FILED 2015 MAY 15 8:50 AM DUBUQUE- CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA,
Petitioner, Case No. 01311 EQCV
vs.
CHAD R. HANSEN, WENDY M. GIPSON,
DEPARTMENT OF HUMAN SERVICES FOR
THE STATE OF IOWA, AMBER J. PRIEBE, PETITION
ASHLEY M. BECKER, CITY OF DUBUQUE,
IOWA, ACC 133 LLC/DUTRAC/ITP, AND
DUBUQUE COUNTY, IOWA,
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 1849 Jackson
Street, Dubuque, Iowa, and legally described as:
North Y2of the Middle 1/5 of Out Lot 490 in the City of Dubuque,
Iowa, according to the United States Commissioners Map 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.1 OA(3).
4. That the Respondent, Chad Hansen, has an interest in this property in that
heis the deed holder.
5. That the Respondent, Wendy M. Gipson, mother of Daniel Austin Gipson
and Cody Lee Hansen, minor children, may have an interest in this
property in that judgment was entered in her favor on March 24, 1997 on
Case No. EQCV090046 and on May 6, 1999 for Case No. USUS091415.
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 February 19, 1999 for Case No. EQCV090046.
7. That the Respondent, Amber J. Priebe, mother of Kurt Joseph Priebe, a
minor child, may have an interest in this property in that judgment was
E-FILED 2015 MAY 15 8:50 AM DUBUQUE-CLERK OF DISTRICT COURT
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entered in her favor on April 12, 2006, March 27, 2008, October 18, 2011,
and January 29, 2014 on Case No. DRCV095575.
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8. That the Respondent, Ashley M. Becker, mother of G.M.H., a minor child,
may have an interest in this property in that judgment was entered in her }
favor on January 28, 2009 and September 16, 2010 on Case No.
DRCV096690. j
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9. That the Respondent, City of Dubuque, Iowa, may have an interest in this
property in that it is owed for unpaid special assessments against the
property.
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10. That the Respondent, ACC 133 LLC/DuTrac/ITP, may have an interest in
this property in that it is a Tax Certificate holder.
11. That the Respondent, Dubuque County, Iowa, may have an interest in this
property due to delinquent property taxes.
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12. 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.10A 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.
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WHEREFORE, Petitioner prays that:
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1. That the Court. enter an order that the matter be set for hearing no less
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than sixty(60) days after the filing of the petition;
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2. Upon hearing, the Court determine that the property is abandoned within
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the meaning of Iowa Code Section 657A.10A; I
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3. That the Court enter judgment against the Respondents pursuant to E
§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.
GIT F DU nOWA
By:
Crenna Brumwell I o
Assistant City Attorney j f
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E-FILED 2015 MAY 15 8:50 AM DUBUQUE- CLERK OF DISTRICT COURT
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
(563) 589-4381
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Masterpiece on the Mississippi
City Attorney's Office
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6946
Dubuque
katil
All -America City
,III/
2007
ENVELOP
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.TIFIE
U.S. POSTAGE ' PITNEY BOWES
7012 2210 0002 7514 4518
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
ZIP 52001 $ 006m69°
02 WI
01396862A^AY 19. 2015
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CITY OF DUBUQUE, IOWA, )
Petitioner, ) Case No. 01311 EQCV102986
vs. )
CHAD R. HANSEN, WENDY M. GIPSON, )
DEPARTMENT OF HUMAN SERVICES FOR )
THE STATE OF IOWA, AMBER J. PRIEBE, ) ANSWER
ASHLEY M. BECKER, CITY OF DUBUQUE, )
IOWA, ACC 133 LLC/DUTRAC/ITP, AND )
DUBUQUE COUNTY, IOWA, )
Respondents. )
FOR ANSWER TO THE PETITION, Respondent, City of Dubuque, Iowa admits items 1
through 12 as outlined in the Petition.
WHEREFORE, Respondent requests the Court:
1. 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, determine if the property is abandoned within the meaning
of Iowa Code Section 657A.10A and award title to the property to the City
of Dubuque.
City of Dubuque, Defendant
By:
Crenna Brumwell
Assistant City Attorney
300 Main Street, Suite 330
Dubuque, IA 52001
Telephone: 563-589-4381
Facsimile: 563-583-1040
Email: cbrumwel(o-)-cityofdubugue.orgZn
Original Filed.
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CERTIFICATE OF SERVICE
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The undersigned hereby certifies that a genuine copy of the foregoing document was
served by regular mail upon the persons named below and at the addresses indicated
on the L&L day of �V , 2015.
Jer9nifer GAN
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Chad Hansen
511 Garfield #106 jl
Dubuque, IA 52001
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Wendy M. Gipson/McInnes �
1398 Jackson #2
Dubuque, IA 52001
State of Iowa, Department of Human Services
c/o Erin Eastman, Assistant Attorney General
1305 E. Walnut Street �
Des Moines, IA 50319
Amber J. Priebe
2516 Stafford Street
Dubuque, IA 52001
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
Ashley M. Becker
3287 Getty Terrace
Dubuque, IA 52001
ACC 133 LLC/DuTrac/ITP
PO Box 762
Dubuque, IA 52004-0762
County Attorney's Office
Dubuque County Courthouse
720 Central Avenue, 4th Floor
Dubuque, IA 52001
Masterpiece on the Mississippi
City Attorney's Office
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6946
Dubuque
brarld
All -America Cilv
2007
RETURN SERVICE
REQUESTED
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
BMDYN5B 52001
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