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Claim Monahan, Eugene, KristyCLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: Lien holder Dupaco Credit Union - Owner: Kristy Monahan; Co-Signer Eugene Monahan filed by Eugene Monahan 2. Address: 4175 Sunlight Ridge, Dubuque, IA 52001 ` 3. Telephone Number: 563 583 4276 4. Date of Incident: Not sure - Reference Cpt. Terry Driscoll, Dubuque Police 5. Time of Incident: Not sure 6. Location of Incident (Be specific): Not given 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee’s name.) A 1998 Ford Windstar Van was stoppoed for no headlight. Driver did not a (have) a license so car was parked and then towed by Wenzel for City. Unable tolocate owner. Car was sold for parts for $675. However, tehre was a lien on title and city did not contact Dupaco...the title holder. Now Comes Dupaco asking E. Monahan for payment or face court for car that doesn't exist. * Book value of vehicle is $3400 per Dupaco. Ref. Gloria Trieweiler/Dupaco 8. What were weather conditions like? N/A 9. Give name and address of any witnesses: Kevin Billmeyer 10. Did police investigate? (If so, give names of officers.) NA 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). NA 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) NA 13. What other damages do you claim, if any? NA 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) NA 15. What amount do you claim from the City of Dubuque? Book Value $3400 16. Why do you claim the City of Dubuque is responsible? City failed to follow the lawn when disposing of a vehicle that carried a lien on the title. 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) No 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? NA Dated at Dubuque, Iowa this 11 day of April, 2006. , 20 . /s/ Eugene Monahan (Signature) (Print Name) (Rev. 1/00 & 7/01) . CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ;:J;~/ This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUFJ CLAIM WILL O.R WILL NOT BE. PAID. (} ~ u ( or -u Y\ -lwi,it.,/ ..' iL-tu~ 1. j) - ~ 0' ~ 1. Name ofc.Claimant: "'-JU-ifJI'U'.J) (,#,/,/ 11'",.L.Ch / '\ ...'~ r 11~nt..j''1C'''' / ~ 71Jf~- p-d. -t"3 ("-P"'0 Nl-<"n ....A""",. .. _ /!. / () . 2. Address: L/1l!J ~..LJ.I!..-t ,y nf-#~ t\.A-<.P>-<-<2"u , ~..>rd .00 I 3. Telephone Number: If /;3- !l- ~3 ...j. ~ 'lli il/1<~ 0 4. Date of Incident: . 't ~ C'r ~ ~~~) f)~0 ~<-V 5. Time of Incident: ,);u..r ~ 6. Location of Incident (Be speCifiC):-1ld:- !",;.a'YL> . 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) U N9'?.",F".-...."J. t'A),~..IA.h., I/~...., ,.~ <' ~ 1;-......L /,,, qlJ> l,,u/ ~!Jj. ~..uv'4 cki . "~ 4F ./Ju-f-w '-&"'--<'~~i.) AA1 (I.c./ :<-.4<0 fl,A,Ju.L /:tJ M.",-,i:-~.e ,L ,&)~~~,.lL""" .J. '.. -Zh-l~. t<.. ~~. ~ t.I.H-o ....A.A. ...t-.rl ~ f-<:: 7? P 7.d"f7, /::t.rZ<.,...,.., .:a<t:~ . -!" {, _ ~ . , '. .j'U...J ~'YY>l4 '0f"'<-<' ~ e I~r.' ,v.l'" ,,;u.. .y ~. .;-/ ~ u"'; l-k-l d+L-. ~ ~"!- 8. What were weathe~ conditions Iik€? ~J. 7l~ tr j I 9. Give name and address of any witnesses: 1.hU,~j 64/h/VifU 10. Did police investigate? (If so, give names of officers.) Jr.,. 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). rJ~ ->> ~...,..1;)A.1~ ..<A .413 ;.jt'o p.u to-'-'ftV'.A>. l\i ~j ~~ t~~i~,...q, 12. Was any damage done to property? (If so, describe property and the extent of damag~s. Attach estimates of damages or describe basis for ascertaining extent of damage.) NA 13. What other damages do you claim, if any? AlA 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) tJA 15. What amount do you claim from the City of Dubuque? ~~A~~IJ- ~11tJ,.J 16. Why do y~u claim the City of Dubuque is responSible?~ ~~-t/~-.J'~ Lw ~ CUI/~7J 1 ~ /b(,Jj,,~ h, ~ Ct>-v p' ~ Lio-.~ ,,,",,,I tf.?r It.--, 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) /"r>--O 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? J A r" ~ day of OJ'' ~J' / , 20 0 LP. TjJAM.. /)?J~ ~(;;i~nature) CV(;.."c:,,)F, ;'1)O,J)::}HAr./ (Print Name) Dated at Dubuque, Iowa this / I (Rev. 1/00 & 7/01) . 13 April 2006 City Clerk at City Hall 50 W. 13th St. Dubuque, Iowa 52001 Reference: CLAIM AGAINST THE CITY OF DUBUQUE, IOWA After attempting to fill out the attached form, it became apparent that in our case, we could not provide adequate information with that report. Therefore, we are including this letter with the claim. NAME OF CLAIMANT: Eugene and Joyce Monahan, co-signers ofloan for Kristy Monahan 1998 Ford Windstar Van. 4175 Sunlight Ridge Dubuque, Iowa 52001 563-583-4276 DUP ACO Credit Union - lien holder of 1998 Ford Windstar Van - financed by Kristy Monahan INCIDENT PARTICULARS Date, time and location not forthcoming from Cpl Terry Driscoll, Dubuque Police Officer OCCURRENCE DETAILS Apparently the 1998 Windstar Van was stopped by officers for missing headlight. The driver did not have a valid license and the car was parked. When owner did not show up at the scene to claim, the van was towed and stored by Wenzel. There are extenuating circumstances why Kristy Monahan was unable to claim the vehicle and we would discuss these personally rather than via this claim if necessary. However, we do NOT dispute that officers were well within their line of duty when stopping and then towing the car. According to Cpl Driscoll, after an allotted amount of time, the vehicle was sold for parts for $675 which was more than the towing and storage cost, and the extra $$ placed in a special fund for that purpose. . . WHY DO YOU CLAIM THE CITY OF DUBUQUE IS RESPONSIBLE In a phone conversation with Cpl Driscoll, he explained that there is a city procedure requiring a title search looking for lien holders before selling a car from storage. Per Driscoll, that did not happen in this case. If the city's procedure had been followed, DUPACO would have been notified and subsequently informed us as cosigners on the loan and parties making regular payments. We could have claimed the van and paid the fees. Now DUP ACO comes with a credit letter stating that unless Kristy Monahan and/or Eugene and Joyce Monahan, as cosigners, do not bring this account up to date, further legal proceedings will take place. What this means is DUP ACO would be taking us to court to pay for a van that through a clerical error, the City of Dubuque sold for parts. WHAT AMOUNT DO YOU CLAIM FROM THE CITY OF DUBUQUE According to Gloria Trierweiler, Installment Loan Supervisor at DUP ACO, the van carried a book value of $3,400. Cpl Driscoll indicated that the van had grill damage and at least one door did not open, however, since we did not see the van, we do not know how extensive the car was damaged. My husband is a retired mechanic and does his own work, and would have done any work required to fix the van. Therefore, we are asking for the book value ofthe van, $3,400 to be forwarded to DUPACO to be applied to the outstanding loan on this vehicle. Respectfully submitted, fi '~,. "1,.: /)/,1 'C} /f;C/lr-;---' ............ F 'It .1 ( " i/ \.",<1.p.JU 7~7U,--Aa.yV -'ffug<1pe and Joyce Monahan . , .~.