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Claim by Judge Real EstateIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY JUDGE REAL ESTATE, L.L.C., Plaintiff, vs. CITY OF DUBUQUE, IOWA, an Iowa Municipality, Defendant. C/ 01311 ACV No. 6_S? L / &, ORIGINAL NOTICE TO THE ABOVE NAMED DEFENDANT: You are notified that a petition has been filed on the l0 day of 4e,6- , , 2012, in the Office of the Clerk of this Court, naming you as the Defendant in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The attorney for the Plaintiff is Jennifer A. Clemens- Conlon, Clemens, Walters, Conlon & Meyer, L.L.P., whose address is 2080 Southpark Court, Dubuque, IA 52003. That attorney's phone number is 563 -582 -2926; facsimile number is 563 -582 -2998. You must serve a motion or answer within 20 days after service of this Original Notice upon you, and, within a reasonable time thereafter, file your motion or answer, with the Clerk of Court for Dubuque County, at the County Courthouse in Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. If assistance of auxiliary aids or services is required to participate in court due to a disability such as hearing impaired, call the Americans with Disabilities coordinator at (319) 833 -3332. If you are in need of dual party telephone relay services, call Relay Iowa TTY at 1- 800 - 735 -2942. CLERK OF COURT Dubuque County Courthouse Dubuque, IA 52001 (SEAL) IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. S: \wp\Joan\Judge Properties\Judge Real Estate, LLC \City of Dubuque -2011 \Petition Cover Sheets.wpd N IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY JUDGE REAL ESTATE, L.L.C., Plaintiff, vs. CITY OF DUBUQUE, IOWA, an Iowa Municipality, Defendant. ) ) ) ev [/ ) 01311 ACV No. O &/ p 7 PETITION AT LAW COMES NOW Plaintiff, Judge Real Estate, L.L.C., and states: 1. Plaintiff is a limited liability company organized and authorized to do business in the State of Iowa. 2. Defendant, City of Dubuque, Iowa, [ "City "] is an Iowa municipal corporation. 3. Plaintiff is owner of real estate located at 3203 Jackson Street, Dubuque, Dubuque County, Iowa 52001 and legally described as: Lot One (1) in "Linehan Park Addition" in the City of Dubuque, Iowa, according to the recorded plat thereof <D 4. On or before June 17, 2011, a sewer main owned and maintained by the City collapsed, causing leaking joints, sinkholes, sewage backup and associated damages into the real estate and basement of the Plaintiff's building located thereon. 5. The City was negligent and at fault prior to and on the aforesaid date by failing to properly inspect and maintain said sewer main. 6. The aforesaid fault of the City was the proximate cause of the resulting damages to Plaintiff as herein related. t3 7. As a result of the aforesaid actions of the City, Plaintiff has sustained, and will in the future sustain, damages in the form of loss of personal property; damage to Plaintiff's real estate and the building situated thereon; monies expended in necessary repairs and loss of Plaintiff's time in removing water, sewage and damaged personal property from Plaintiff's real estate; cleaning thereof and other associated expenses. 8. The total damages sustained by the Plaintiff far satisfy the jurisdictional limits of the Iowa District Court. WHEREFORE, Plaintiff prays for judgment in its favor and against the Defendant, City of Dubuque, Iowa, an Iowa municipal corporation, for a sum in excess of the jurisdictional limits of Iowa Associate District Court and as will fully, fairly and adequately compensate Plaintiff for its damages, together with interest thereon as provided by law, attorney's fees and for costs of this action. JUDGE REAL DSTATE A .C., Plaintiff Jennifer s(-Conlon - AT0001534 CLEMEN ", ALTERS, CONLON & 'YER, L.L.P. 2080 SoGthpark Court Dubu e, IA 52003 Ph: (.3) 582 -2926 Fax:; 563) 582 -2998 S: \wpuoan\Judge Properties, nka Property Management Group\Judge Real Estate, LLC \City of Dubuque -2011 \Petition at Law wpd