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Suit by City of Dubuque vs. Michael Dennison et. al.IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CITY OF DUBUQUE, IOWA, Petitioner, VS. MICHAEL J. DENNISON, CACH LLC, CITY OF DUBUQUE, CBE GROUP INC., HORSFIELD MATERIALS, INC., DAVID R. BLEILE, MELISSA J. THOMAS, ROGER E. SIMON, DEPARTMENT OF HUMAN SERVICES FOR THE STATE OF IOWA, ) TRISTATE ADJUSTMENTS FREEPORT, ) INC., US BANK NATIONAL ASSOCIATION, ) DUBUQUE COUNTY, IOWA, AND STATE OF ) IOWA, ) Respondents. ) ) Case No. 01311 EQCV IDtbkab ORIGINAL NOTICE 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. The Petitioner's attorney is Crenna Brumwell, Assistant City Attorney, whose address is 300 Main Street, Suite 330, Dubuque, Iowa, 52001. You are further notified that unless, within twenty (20) days after service of this original notice upon you, you serve, and within a reasonable time thereafter file, a written motion or answer, in the Iowa District Court for Dubuque County, at the county courthouse in Dubuque, Iowa, judgment by default will be rendered against you for the relief demanded in the petition. CLERK OF THE ABOVE COURT By: See Ak4O C 1Qd Designee 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. STATE OF IOWA JUDICIARY Case Title Case No. EQCV102060 County Dubuque CITY OF DUBUQUE V DENNISON ET AL THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. 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 Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. 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: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16: http://www.iowacourts.state.ia.us/Efile Scheduled Hearing: 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 Iowa TTY at 1-800-735-2942.) Date Issued 10/10/2014 02:26:41 PM District Clerk of Dubuque /s/ Kati Ernst County E -FILED 2014 OCT 08 12:24 PM DUBUQUE - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ) CITY OF DUBUQUE, IOWA, ) Petitioner, ) Case No. 01311 EQCV ) vs. ) ) MICHAEL J. DENNISON, CACH LLC, CITY ) OF DUBUQUE, CBE GROUP INC., ) HORSFIELD MATERIALS, INC., DAVID R. ) BLEILE, MELISSA J. THOMAS, ROGER E. ) SIMON, DEPARTMENT OF HUMAN ) SERVICES FOR THE STATE OF IOWA, ) TRISTATE ADJUSTMENTS FREEPORT, ) INC., US BANK NATIONAL ASSOCIATION, ) DUBUQUE COUNTY, IOWA, AND STATE OF ) IOWA, ) Respondents. ) ) PETITION COMES NOW, the Petitioner, City of Dubuque, Iowa, and states to the Court as follows: 1. That the City of Dubuque is a municipality located in Dubuque County, Iowa. 2. That the property which is the subject matter of this suit is 595 Angella Street, Dubuque, Iowa, and legally described as: Lot 21 of Quigley's Subdivision of Out Lot 709, in the City of Dubuque, Iowa. 3. That there is situated upon this property a building which is abandoned, vacant, and dilapidated within the meaning of Iowa Code Section 657A.10A(3). 4. That the Respondent, Michael J. Dennison, has an interest in this property in that he is the deed holder. 5. That the Respondent, Cach LLC, may have an interest in this property in that judgment was entered in favor of Cach LLC on February 26, 2008 for Case No. SCSC061066. 6. That the Respondent, City of Dubuque, has an interest in this property in that judgments were entered in favor of the City of Dubuque on May 16, 2014 for Case No. DUCICV077104 and on August 13, 2014 for Case No. 0 E -FILED 2014 OCT 08 12:24 PM DUBUQUE - CLERK OF DISTRICT COURT DUSTA1019019, as well as delinquent property taxes and/or assessments against the property. 7 That the Respondent, CBE Group Inc., may have an interest in this property in that judgment was entered in favor of CBE Group Inc. on January 10, 2012 for Case No. SCSC071619. 8. That the Respondent, Horsfield Materials, Inc., may have an interest in this property in that judgment was entered in favor of Horsfield Materials, Inc. on November 19, 2013 for Case No. SCSC075043. 9. That the Respondent, David R. Bleile, may have an interest in this property in that judgment was entered in favor of him on December 13, 2010 for Case No. SCSC068756. 10. That the Respondent, Melissa J. Thomas, may have an interest in this property in that judgment was entered in favor of her on September 16, 2010 for Case No. DRCV099137. 11. That the Respondent, Roger E. Simon, may have an interest in this property in that judgment was entered in favor of him on May 11, 2006 for Case No. SCSC56863. 12. That the Respondent, Department of Human Services for the State of Iowa, may have an interest in this property in that judgment was entered in favor of her on September 16, 2010 for Case No. DRCV099137. 13. That the Respondent, Tristate Adjustments Freeport Inc., may have an interest in this property in that judgment was entered in favor of Tristate Adjustments Freeport Inc. on February 2, 2007 for Case No. SCSC058882. 14. That the Respondent, US Bank National Association, may have an interest in this property as it was assigned a judgment on Case No. EQCV100623 filed in July 2013. 15. That the Respondent, Dubuque County, Iowa, may have an interest in this property due to delinquent property taxes and/or assessments against the property. 16. The Petitioner herein, City of Dubuque, has documentation that supports its statement that the building situated on the property has been abandoned and sufficient evidence to support the considerations required by Ch. 657A.1 OA and/or evidence that all the parties with an interest in the property did not make a good faith effort to comply with an order of the local housing official within sixty (60) days after the filing of this Petition. E -FILED 2014 OCT 08 12:24 PM DUBUQUE - CLERK OF DISTRICT COURT WHEREFORE, Petitioner prays that: 1. That the Court enter an order that the matter be set for hearing no less than sixty (60) days after the filing of the petition; 2. Upon hearing, the Court determine that the property is abandoned within the meaning of Iowa Code Section 657A.10A; That the Court enter judgment against the Respondents pursuant to §657A.10A of the Iowa Code awarding the title to the property to the City of Dubuque, Iowa, free and clear of any claims, liens, or encumbrances held by the Respondents; and 4. For such other and further relief as the Court deems just and equitable. CITY OF DUBUQUE, IOWA r By: Grenna rumwell Assistant City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 589-4381 Dubuque briatri Masterpiece on the Mississippi All -America City Attorney's Office , Suite 330 Harbor View Place I f' 300 Main Street Dubuque, Iowa 52001-6944 7012 2210 0002 2007 7 a PliD , 521,:i: T 2O 4 A1:A Kevin Firrista ii, City Clerk City of Dubuque 50 West 13th Street Dubuque; IA 52001 d'f..- i i.ut't P, i czii t.iti „ 111.1111 2 1RA 06.69 _04236013 OCT 13 2014 AILED FROM ZIP CODE 52001 ti'