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City of Dubuque vs. Robert Meier et. al. IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CITY OF DUBUQUE, IOWA, ) Petitioner, ) Case No. 01311 EQCV_L010q01 vs. ) ORIGINAL NOTICE ROBERT J. MEIER, DONNA M. MEIER, ) STATE OF IOWA, ARC/TERRACE HEIGHTS, ) LLC, CITY OF DUBUQUE, IOWA, ANGELA ) .1 J. PEIL, GENERAL DRIVERS CREDIT ) UNION, AND DUBUQUE COUNTY, IOWA, ) --+ M Respondents. ) TO THE ABOVE-NAMED DEFENDANTS: 5 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 Ukhtd 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 No. EQCV102099 County Dubuque Case Title CITY OF DUBUQUE V MEIER ET AL • i 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. I You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.!a.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: hftp://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:htto://www.lowacourts.state.!a.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 10/22/2014 09:22:05 AM 4l��tiyF'e�ff*�'`ay,yF � District Clerk of Dubuque County /s/ Kati Ernst E-FILED 2014 OCT 16 8:50 AM DUBUQUE- CLERK OF DISTRICT COURT y IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ) Ili CITY OF DUBUQUE, IOWA, ) Petitioner, ) Case No. 01311 EQCV b ?i vs. ) PETITION ROBERT J. MEIER, DONNA M. MEIER, ) STATE OF IOWA, ARC/TERRACE HEIGHTS, ) LLC, CITY OF DUBUQUE, IOWA, ANGELA ) J. PEIL, GENERAL DRIVERS CREDIT ) UNION, OHP 25 LC, AND DUBUQUE ) COUNTY, IOWA, ) Respondents. ) 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 2525 Windsor Avenue, Dubuque, Iowa, and legally described as: Lot 24 in Stafford's Addition to 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 Respondents, Robert J. Meier and Donna M. Meier, have an interest in this property in that they are the deed holders. 5. That the Respondent, State of Iowa, may have an interest in this property in that judgments were entered in favor of the State on November 9, 2010 for Case No. STA0045557, on March 2, 2011 for Case No. STA0050450, on April 18, 2011 for Case Nos. STA0052795/STA0052796. 6. That the Respondent, ARC/Terrace Heights, LLC, may have an interest in this property in that judgment was entered in favor of ARC/Terrace Heights, LLC on September 28, 2007 for Case No. SCSC60604. 7. That the Respondent, City of Dubuque, may have an interest in this property in that judgment was entered in favor of the City on March 21, 2012 for Case No. DUSTA0069531. E-FILED 2014 OCT 16 8:50 AM DUBUQUE-CLERK OF DISTRICT COURT 8. That the Respondent, Angela J. Peil, mother of Brandon William Peil, a minor child, may have an interest in this property in that judgment was entered in their favor on September 19, 2001 on Case No. DRCV092634. 9. That the Respondent, General Drivers Credit Union, may have an interest in this property in that judgment was entered in favor of General Drivers Credit Union on January 27, 1010 on Case No. SCSC066570. 10. That the Respondent, City of Dubuque, has an interest in this property in that it is owed for unpaid special assessments against the property. 11. That the Respondent, OHP 25 LC, may have an interest in this property in that it bought a tax sale certificate for the property on June 16, 2014. 12. That the Respondent, Dubuque County, Iowa, may have an interest in this property due to delinquent property taxes and/or assessments against the property. 13. 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.10A 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. 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; 3. 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 By: Crenna Brumwell f i E-FILED 2014 OCT 16 8:50 AM DUBUQUE - CLERK OF DISTRICT COURT Assistant City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 589-4381 Masterpiece on the Mississippi City Attorney's Office Suite 330 Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 Dubuque katX1 All -America City 1111 1 'CERTIFIED' p *spok 1 1 7012 2210 0002 7514 3863 2007 DS IA S27 •iZ:Tr•2071.4 Kevin Firnstahl, City Clerk City of Dubuque 50 West21 th Street Dubuque, IA 52001 .1n.ww..Attretatan411 ti P NEV BOWES 02 11V1 $ 06.69° 0 0 0 42 8 60 1 3 OC T 2 3 2014 MAILED FROrvi ZIP CODE 5 20 0 1 •u.