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Claim Suit - :Links et al vs City et al 5/-;/L?0 (! {.' 12;1' tj /11 /:;)c:t.,tft7<" +? 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 . . ""'-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, ,,", 1".~;' ',_::~~,'-:- C;l ,.. ~j~ ,~::o i::"" ",.. ~:~o ~, C -n :XI '''0 '" ClU:; ~ 0-, ~-; -;t:) ". ~ c; ::c -<-' :-n ~ 00 --..;:c - ~-;?J cJ\ - --I I . 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 Page 3 of 3