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Suit by Freerick Kammiller, III et al Copyrighted June 4, 2018 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Sarah Cassella for property damage; and Horsfield Materials, Inc., for vehicle damage; City of Dubuque vs. Gary Bernhard et al.; City of Dubuque vs. Frederick J. Kammiller I I I, et al. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Cassela Claim Supporting Documentation Horsfield Materials, Inc. Claim Supporting Documentation City vs. Bernhard Suit Supporting Documentation City vs. Kammiller Suit Supporting Documentation E-FILED 2018 MAY 03 4:11 PM DUBUQUE -CLERK OF DISTRICT COURT IN THE IOWA DfSTRICT COURT FOR DUBUQUE COUNTY '� 1 , � � I GITY O� DIJBUQUE, lOWA, ) I Petitioner, ) Case No. 01311 EQGV �0"IS�o 0 ) i vs. ) :; ) PETITI(JN .,� ; '�j FREDRICK J. KAMMILLER, III AKA ) � `"� '; FREDRICK JOSEPH KAMMILLER LIVlNG ) � r� � ��! ;i REVOCABLE TRUST, } t-: ,� FM� i AMERICAN TRUST &SAVINGS BANK, } s '�� ,=� �I GITY OF DUBUQUE, IOWA, ) � �:� ;�~ I _ , DlJBUQUE COUNTY, tOWA, ) ._ :.m, ;� ` � . Responcients. ) �` �-; :. ��' �� q GUMES NOW the Petitioner Ci of C)ubu ue lo II�; , ty q , wa, and states to the Court as fol[ows: �I i 1. Thaf the City of Dubuque is a municipality located in Dubuque Caunty, lowa. �',; 2. That the property which is the subjeet rnatter of fhis suit is 50Q Hill Street, � Dubuque, lawa, and leg�ally described as: ; � I� Lot 1 in G. Martin's Subdivision in the City of Dubuyue, lowa, � according ta the recorded pJat thereaf.. � �i 3; Thafi there [s sifivated upon this property, a building which is abandoned, ;! vacant, and dilapidated wifhin the meaning of lowa Gode Section ; I�, 657A.10A(3}. ` �jj , ! 4. That the Respondent, Fredrick J. Kammiller, II( a,k.a. Fredriek Joseph ` "�, Kammiller, Trus�tee Of The Fredrick J. Kammiller III a.k.a. Fredri'ck Joseph ` a Kammi{ler Living Revocable Trust Dated November 2, 2006, has an � interest in this property in that he is the deed ho(der. � � 5. That the Respondent, American Trust & Savings Bank, may have an interest in this property in that it halds a mort a e for the ro ert � 9 9 p P Y � (Instrument �Jo. 24'i1-12408). � N 6. That the Respondent, American Trust & Savings Bank, may have an � interest in this property in that judgment was entered in itsfavpr on March �l 7, 2016 for Case No. EQCV103722. This remains indexed in Lis Pendens � November 3, 2015. � � . � F � � �� E E-FILED 2018 MAY 03 4:11 PM DUBUQUE - CLERK OF DISTRiCT COURT � II 7. That the Respondent, City of Dubuque, fowa, has an interest in this property in that judgment was entered in its favor on October 4, 2016 for I Case No, DUCICV1�5053, on March 1, 2Q17 for Case Na. ; DUCICV105572, on August 23, 2017 for Case No. DUGICV106534, and on December 13, 2017 for Case No. DUCICV�06848, DUC(CV1�6773 and DUC(CV1 Q6822, � I 8. That the Respandent, Dubuque County, lowa, may have an interest in this property due fo delinquent property taxes and/or assessments against the property. 'I 9. The Petitioner herein, City of Dubuque, has documentatian that supparts : 'I its sfatement that the buifding situated on the property has been ` 'i abandoned and sufficient evidence to support the considerafiions required '" by Ch. 657A.10A andi�r evidence that all the parties with an inferest in the I',i property did nat make a good faith effort to comply with an order of #he '�I local housing afficial within sixty(60) days after the filing of this Petition. �� '� WHEREFORE; Petitioner prays that: ,i 1. Upon hearing, fihe Courk determine that the property is abandoned within the meaning af fawa Cade S�ction 657A.1�A; :; 2. That the Court enter judgment against the Respondents pursu�nt to ` I''' §65ZA.10A of the lowa Code award�ng the title to the property to the City of Dubuque, lawa, free and clear of any claims, liens, or er�cumbrances held by the Respandents; and j; � �, For such other and further relief as the Court deems}ust and equitab(e. � �,�� I GlTY UF QUBUQUE, IOWA � � � ,� ;� By: � 'a Crenna Brumwell � Gi#y Attarnsy � Suite 330, Harbar View Place� � � 300 Main Street ' Dubuque, IA 52001-6944 � (563) 589-4381 _ � � � � � ,� i � � h � ' f , �� , - � � E-FILED 2018 MAY 03 4:11 PM DUBUQUE - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT GOURT FOR DUBUQUE COUNTY ) � ClTY OF DUBUQUE, lOWA, ) '' !� Petitioner, ) Case No. 01311 EQCV (0��0� ;j � � vs. } !I ) ORIGINAL N�TI�E '� FREDRICK J. KAMM(LLER, 111 AKA ) !I FREDRICK JOSEPH (�AMMILLER LIVWG ) �l REVOCABLE TRUST, ) ,; AMERICAN TRUST& SAVWGS BANF�, ) ; CITY OF DUBUQUE: lOWA, ) � i DUBUQUE COUNTY, IOWA, ) ' u Respondents. ) � ; ) i 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. I The P�titioner"s attorney is Crenna Brumwe(l, City Attorney, whose address is 3QQ Main :� , Street, Suite 330, Dubuque, lawa, 52001. -� You are further notified thaf unless, within twenty (2Q) days after service of fihis original ' ; notice upon you, you serve, and within a reasonable time thereaftec file, a written motion '� or answer, in the Iowa ❑istrief Court far Dubuque County, at the county cour�house in I;i Dubuque, lowaz judgme�n# by d�faurt wi(t be rendered� against� you ;fo�r� the relEef �� demanded in fhe petition. �; �� GLER�OF THE ABtOVE �OURT I I By: ` ; Designee Dubuque County Courthouse � . Dubuque, IA 52001 � � . � NC?TE: The attorney who is expected to represent the defendant shou(d be promptly advised by � defendant of the service of this notice. �� , 3 � � �� E-F1LED 2018 MAY 04 2:08 PM DUBUQUE -CLERK OF DISTRICT COURT '�� STATE OF IOWA JUDICIARY case"o. EQCV107560 County DUbUC�U@ � � Case Title LP DUBUQUE V KAMMILLER ET AL � 5 THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. ,i 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. II i' You must register through the lowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and 'f password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. j; i; i; 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: II'; http://www.iowacourts.state.ia.uslEfile 'i; 'ii FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA I; COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile �'u Scheduled Hearing: I{�I i il I� � �i il :; 1 'i 1 If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district � n ADA coordinator at(379)833-3332 . (if you are hearing impaired,call Relay lowa TTY at 1-800-735-2942.) � Date Issued 05/04/2018 02:08:27 PM ' � tiaf;��#;,,, �� , �,, � � � : 4.�< � �� ,� . � � � � x District Clerk of Dubuque County j /s/Ana Unger � � ; � � � s E-FILED 2018 MAY 03 4:00 PM DUBUQUE -CLERK OF DISTRICT COU�F.;��»� ,� �� M f �`aa. .. y�✓ / . / �;��f .:�., � ��, �� IN THE IOWA DISTRICT C�URT FOR DUBUQUE C�3(.��TY '�°�F��,�.� � %r,, �F: -� `�` I� — � � ' ��` � —�— F ,.., �..�:�� CITY QF DUBUC�UE, IUWA, ) '�� ;,;� �� Petifiioner, ) Case �lo. 01311 EQCV �' Ot 155� �, ) ,l vs. ) tl i, ) ORIGfNAL NOTICE � I� � �REDRICK J. KAMMILLER, (II AKA ) � � FREDRICK JO�EPH KAMMILLER LIVING ) �� REVOCABLE TRUST, ) '� AMERICAN TRUST & SAVINGS BANK, ) � CITI�(�F DUBUQUE, I�WA, ) DUBUQUE COUNTY, IOWA, } ; Respondenfs. ) 'i ) 'i a TO THE ABOVE-NAMED DE�ENDANTS: . I'i ii You are hereby notified that there is now on file in the of€ice of the cierk ofi the above court, a petition in the above-entitled action, a copy of whieh petition is attached hereto. ;Ij The Petitior�er`s attorney is Grenna Brumwell, Cifiy Attorney, whose address is 300 Main 'i Street, Suite 330, Dubuque, lowa, 52001. ' ��a } i You are further notified fhat un(ess, within twenty (20) days after service of this original '� notice upon yau, you serve, and within a reasonable time thereafter fife, a wrifiten motion or answer, in the lowa Districf Cour� for Dubuque County, at the county courthouse in ' Dubuque, towa, judgment by defau(t will be rend�red against �ou for the relief 1 demand�ed xn the �etition. � . �� , = L� CLERK OF THE ABOVE C�URT : II�I; I � ��, By: ' � D��igr�ee � � Dubuque County Courthouse Dubuque, IA 52001 NOTE: The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. � ; ,� 4� : ; � � � � � � : � � E-FILED 2018 MAY 04 2:04 PM DUBUQUE -CLERK OF DISTRICT COURT ,,�� ,i i � i I! � STATE OF IOWA JUDICIARY �aSe"°. EQCv1o75�9 '�r County Dubuque � ; i CaseTitle LP DUBUQUE V KAMMILLER ET AL � i� THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILlNG. II� 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 lowa Judiciai Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and u password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. li �;� FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER �i 16 PERTAINING TO THE USE OP THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: i; http://www.iowacourts.state.ia.us/Efile I1 ,�,I FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT PILINGS,REFER TO DIVISION VI OF IOWA i; COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/EFile �I i �'; Scheduled Hearing: � I; �II II �� i � I I I� I J i 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 lowa TTY at 1-800-735-2942.) ,� Date Issued 05/04/2018 02:04:32 PM � 4 �R�'e`;wn w p�R.._I� . j' � �'�� '� � � � �� ._ � tl Ip � District Clerk of Dubuque County � /s/Ana Unger � � � ; �1 d , a 4 r E-FILED 2018 MAY 03 4:00 PM DUBUQUE -CLERK OF DISTRICT COURT � � IN THE IQWA DISTRICT COURT FC?R DUBUQUE COUNTY � ) i ClTY OF DUBUQUE, 14WA, ) ; �� Petitioner, ) Case No. 01311 EQCV,�Q]..��_ � ) = I vs. � I�i ) PETITIO(� ; il, FREQRICK J. KAMMILLER, I�i AKA } h FREDRICK JOSEPH I�AMMILLER LIVING ) REVOCASLE TRUST, ) ; �I AMERICAN TRUST & SAVINGS BANK, ) : i CITY �F DUBUQUE, IOWA, ) : I DUBUQUE GOUN7Y, I(JWA, ) � Respondents. ) � 1 L i �I II Il I� CQMES NQW the Petitioner, City of Dubuque, lowa, and states to the Court as foliows: ��, 'l. That the City of Dubuque is a municipality� loeafed in Dubuque County, ,� lowa. 2. That the properky which is the subject matter of this suit is 308 Hill Street, ,� Dubuque, lowa, and tegally described as: " !lii Lot 1 of Lot 3 in Buettel & Langworthy's Addition in the City of �;V Dubuque, lowa, according to the recorded plat fhereof. �' :� 3. That there is situated upon this property, a building which is abandoned, � vacant, and diiapidated within the meaning of lowa Code Section � 657A.10�A(3). � � �� 4. That the Respondent, Fredrick J, Kammiller, IIl a.k.a. Fredrick Joseph Kammiller, Trustee Of The Fredrick J. I�ammiller IIl a.k.a. Fredrick Joseph ' ii Kammiller Living Revocable Trust Dated November 2, 2006, has an interest in this property in fihat he is the deed holder. ! 5. That the Respondent, American Trust & Savings Bank, may have an interest in this property in thaf it holds a mortgage �or the property � (Instrument No. 2011-12408). � � ;� 6. That the Respondent, American Trust & Savings Bank, may have an , � interest in this property in that judgment was entered in its favor on March � 7, 2016 for Case No. EQCV103722. This remains indexed in Lis Pendens � Novernber 3, 2015. � � ; a � � _ � . '� % � � E-FILED 2018 MAY 03 4:00 PM DUBUQUE - CLERK OF DISTRICT COURT !I � � � 7. That the Respondent, City of Dubuque, lowa, has an interest in this j property in that judgment was entered in its favor on October 4, 2016 for ';I Case �10. DUGICV105053, an March 1, 2017 for Case No. ' ti DUC(CV105572, on August 23, 2017 for Case No. DUCICV106534, and ,�i on December 13, 2017 far Case No. DUClCV1�6848, DUCICV106773 j� and DUCIGV1Q6822. ',� '�i 8. That the Respondent, Dubuque County, lowa, may have an interest in this � property due to delinquent property taxes and/or assessments against the � property. � ' � I 9. The Petitioner herein, City of Dubuque, has documentation that supports i its statement that the building situated on the property has been � �bandoned and sufficient ev�dence to support the considerations required ; by Ch. 657A.10A and/or evidence that all the parties with an interest in the ;j property did not make a good faith effort to comply with an order of the ,'i local hausing official within siacty (60) days after the filing of this Petition. �� il WHEREF�RE, Petitioner prays that: '; ;; �ii 1. Upon hearing, the Court defermine that fhe property is abandoned wifhin '�i the meaning of lowa Code Section 657A.1OA; '�;; �� 2. That the Courf enter judgment agair�st fhe Respondents pursuant ta y §657A.10A of the {owa Code awarding the fitle to the property to the City '�� of Qubuque, lowa, free and clear of ar�y claims, liens, or encumbrances held by the Respondents; and ; I�i ii � �3. For such other and further relief as tfie Court deems just and equitahfe. CITY OF DUBUC,2UE, IOWA � h ,� �I gy� �'�i �re�ina Brumwell � i City Attorney � Suite 330, Har�or View Plaee � 3p0 Main Street � Dubuque, IA 52001-6944 ' � (563} 589-4381 � � � d . � � i , i 1 h C THE CITY OF DUB Masterpiece on the Mississippi City Attorney's Office Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6946 Masterpiece on the Mississippi City Attorney's Office Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6946 Dubuque RE -America Ci;y 11111' iii I 11 1 i 2007 2012P2013 7016 0600 0000 0613 447_ Dubuque :IeaicaChir 11111' 2007. 2012 e 2013 CITY OF DUBUQUE, IOWA 50 WEST 13TH STREET DUBUQUE, IA 52001 1 1 1 11 11 11 1 7012 2210 0002 7514 1531 City of Dubuque, Iowa 50 West 13th Street Dubuque, IA 52001 11;1iIli`11'111;:::1 U.S. POSTAGE .?EY BOWES 02 000 6 ,9 2 2018 00 ,1'1I 1 II Li i .: : _1;` c.: