Claim Suit - :Links et al vs City et al
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THE IOWA STATE BAR ASSOCIATION I Ste h P Wi ISBA # 6037 I FOR THE LEGAL EFFECT OF THE USE OF
Official Fonn No. 301 p en . mg THIS FORM, CONSULT YOUR LAWYER
it THE IOWA DISTRICT COURT
, 7
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""'-0 .....;t DUBUQUE COUNTY
".
June Link (Mrs. Joseph F. Link), Marilyn M. Wing,
William Adam Link, Raymond 1. Waldbillig, James '\
Waldbillig, Jr., JeffWaldbillig, Lauri Waldbillig, John LAW 0
Arthur Link, Steven Patrick Link, Michelle Lynn Link,
Richard John Link and Michael Steven Link, EQUITY lliI No.t'V 31If!i(l~'(j9.57 ~5 -
Plaintlff(s), ( DATE PETITION FilED:
Sheila J. Link, M,;{~ew Oil Co., Credigy Receivables, Inc., >
Household Finance Corporation, Lamar Advertising Co.
LLC, Frank Hardie Advertising, Inc., City of Dubuque and
Unknown Claimants or Parties in Possession, ORIGINAL NOTICE
Defendant(s). )
TO THE ABOVE-NAMED DEFENDANT(S):
You are notified that a petition has been filed in the office of the clerk of this court naming you as the
defendant(s) in this action. A copy of the petition (and any documents filed with It) Is attached to \his notice.
The name(sl and address(esj of the attorney(-stfor the plaintiff(s) (is) (ere) , ,
Stephen P. Wing
The attorney's~) phone number~ (is) (ere) 563-323-3000 .,
facsimile number(lt) 563-323-7452 '- ~ '
-
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 you require the assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district ADA coordinator at (563) -
(If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)
;
(SEAL) CLERK OF COURT /0
Dubuque County Courthouse
Dubuque ,Iowa 52004
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS
Cl The Iowa State Bar Association 2003 301 ORIGINAL NOTICE FOR PERSONAL SERVICE
IOWADOCS~ Re'olsedJanuary, 1999
DWYER & WING, P.C.
Attomeys at Law
1503 Brady Street
Davenport, Iowa
52803
(563)323-3000
(563) 323-7452 Fax
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
JUNE LINK (MRS. JOSEPH F. LINK),
MARILYN M. WING, WILLIAM ADAM
LINK, RAYMOND J. WALDBILLIG,
JAMES W ALDBILLIG, JR., JEFF
W ALDBILLIG, LAURI W ALDBILLIG,
JOHN ARTHUR LINK, STEVEN
PATRICK LINK, MICHELLE LYNN
LINK, RICHARD JOHN LINK and
MICHAEL STEVEN LINK,
Equity No.
Plaintiffs,
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vs.
SHEILA J. LINK, MULGREW OIL CO.,
CREDIGY RECEIVABLES, INC.,
HOUSEHOLD FINANCE
CORPORATION, LAMAR
ADVERTISING CO. LLC, FRANK
HARDIE ADVERTISING, INC., CITY OF
DUBUQUE and UNKNOWN
CLAIMANTS OR PARTIES IN
POSSESSION,
Defendants.
PETITION FOR PARTITION
COMES NOW the plaintiffs, above named, by and through its attorneys, Dwyer &
Wing, P.C., and pursuant Chapter 651 and Iowa Rule of Civil Procedure 1.1201 et. seq.,
state:
1. The plaintiff are co-owners of a combined undivided 5/6 in the following
described real estated located in Dubuque County, Iowa, to-wit:
Lot 1 of the South 150 feet of the East 300 feet of the West 430 feet of Lot 2
of2, located in the Southeast Y. of the Southeast Y. in Section 21, Township
89 North, Range 2 East of the 5th P.M. in the City of Dubuque, Iowa
according to the recorded plat thereof, also described as:
Lot 1 ofthe North 150 feet of the South 183 feet of the East 300 feet of the
West 430 feet of Lot 2 of2, located in the SE Y. of the SE Y. in Section 21,
Township 89 North, Range 2 East of the 5th P.M. in the City of Dubuque,
Iowa according to the Plat recorded in Instrument #598-80.
Page 1 of 3
DWYER & WING. P.C.
Attorneys at Law
1503 Brady Street
Davenport. Iowa
52803
(563)323-3000
(563) 323-7452 Fax
2. Defendant, SHEILA J. LINK, is the owner of record of an undivided 1/6
interest in said real estate.
3. Defendant, MULGREW OIL CO., has an interest in the above describe land
by virtue of a Memorandum of Lease dated December 31, 1965 and filed April 16, 1966 in
Book 286 at Page 184 in the office of the Recorder of Dubuque County, Iowa, which lease
was assigned to Mulgrew Oil Company by assignment dated January 7, 1977 and filed May
30, 1978 as Document #4969-78 in the office of the Recorder of Dubuque County, Iowa.
4. Defendant, CREDIGY RECEIVABLES INC, is the holder of a judgment
against Plaintiff, James 1. Waldbillig, Jr. in case No. LACV053347 and may have some claim
against the real estate by virtue of the lien of said judgment.
5. Defendant, HOUSEHOLD FINANCE CORPORATION is the holderofa
judgment against Plaintiff, Raymond John Waldbillig in case No. LACV053082 and may
have some claim against the real estate by virtue of the lien of said judgment.
6. Defendant, LAMAR ADVERTISING CO. LLC, has an interest in the above
describe land by virtue ofa Memorandum of Lease filed June 24, 2004 as Document #11185-
04 in the office of the Recorder of Dubuque County, Iowa,
7. Defendant, FRANK HARDIE ADVERTISING, INC., has an interest in the
above describe land by virtue of a Memorandum of Lease filed February 4, 1998 as
Document #1466-98 in the office of the Recorder of Dubuque County, Iowa.
8. Defendant, CITY OF DUBUQUE is the holder of a judgment against Plaintiff,
Raymond John Waldbillig in case No. CICV054964 and may have some claim against the
real estate by virtue of the lien of said judgment.
9. Defendants, UNKNOWN CLAIMANTS OR PARTIES IN POSSESSION, are
made parties hereto pursuant to Iowa Rule of Civil Procedure 1.1204(2) as holders of actual,
apparent, claimed or contingent interests in said real estate.
Page 2 of 3
DWVER&WING.P.C.
Attorneys at Law
1503 Brady Street
Davenport, Iowa
52803
(563)323-3000
(563) 323-7452 Fax
.
10. The plaintiff requests that the court determine and establish the shares and
interests of the owners in the property, enter a decree accordingly, appoint referees, or other
appropriate agent, to conduct a sale of the property as provided by law and for such further
orders and relief as may be just and proper in the circumstances.
II. Pursuant to Rules of Civil Procedure 1.1224 and 1.1225 the Plaintiff requests
that the court fix and order payment of costs and attorney fees as provided by law.
WHEREFORE the plaintiffs, above named, pray that the court enter a Decree of
Partition to determine and establish the shares and interests of the owners in the property;
appoint referees, or other appropriate agent, to conduct a sale of the property; provide such
direction for the conduct of the sale as may be required, approve the sale; award the Plaintiff
costs and attorney fees as provided under Rules of Civil Procedure 1.1224 and 1.1225 and for
such further and additional relief as may be just and proper in the circumstances.
JUNE LINK (MRS. JOSEPH F. LINK),
MARILYN M. WING, WILLIAM ADAM
LINK, RAYMOND J. W ALDBILLIG,
JAMES WALDBILLIG, JR., JEFF
W ALDBILLIG, LAURI W ALDBILLIG,
JOHN ARTHUR LINK, STEVEN
PATRICK LINK, MICHELLE LYNN
LINK, RICHARD JOHN LINK and
MICHAEL STEVEN LINK,
By:
St en P. Wing #SCO 06037
Dwyer & Wing, P.C.
1503 Brady Street
Davenport, Iowa 52803
(563) 323-3000
(563) 323-7452 fax
sDwing@iowabar.org
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