Suit by Blake and Linda Schellenberg ' II
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IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
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CITY OF DUBUQUE, IOWA, )
Petitioner, ) Case No. 01311 EQCV 10�►Z�Id
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vs.
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BLAKE AND LINDA SCHELLENBERG, )
FIRST HORIZON HOME LOANS/FIRST )
TENNESSEE BANK NA/MORTGAGE ) ORIGINAL NOTICE
ELECTRONIC REGISTRATION SYSTEMS, )
CITY OF DUBUQUE, IOWA, FRTL-C104 LLC/ )
UMB BANK COLORADO NA, MICHAEL )
VAUPEL, AND ACC 169/DUTRAC/ITP, )
Respondents. )
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.
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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
deanded in the petition.
CLERK OF THE ABOVE COURT
._, By: Ott �CAtartt
Designee
Dubuque County Courthouse
Dubuque, IA 52001
NOTE: The attorney who is expected to represent the defendant should be promptly advised by I
defendant of the service of this notice.
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STATE OF IOWA JUDICIARY Case No. EQCV103240
County Dubuque
Case Title CITY OF DUBUQUE V SCHELLENBERG 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:
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: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 07/09/2015 02:04:12 PM
District Clerk of Dubuque County
/s/Ana Unger
E-FILED 2015 JUL 09 9:20 AM DUBUQUE-CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
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CITY OF DUBUQUE, IOWA, )
Petitioner, ) Case No. 01311 EQCV 031 2y 0
vs. )
BLAKE AND LINDA SCHELLENBERG, )
FIRST HORIZON HOME LOANS/FIRST )
TENNESSEE BANK NA/MORTGAGE ) PETITION
ELECTRONIC REGISTRATION SYSTEMS, )
CITY OF DUBUQUE, IOWA, FRTL-0104 LLC/ )
UMB BANK COLORADO NA, MICHAEL )
VAUPEL, AND ACC 169/DUTRAC/ITP, )
Respondents. )
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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 1025 Bluff
Street, Dubuque, Iowa, and legally described as:
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Easterly 'Yz of Lot 5 of the Subdivision of the East part of Out Lot
655 in the City of Dubuque, Iowa, except 4 foot wide right of way on
the North side thereof, according to the recorded plat thereof.
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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).
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4. That the Respondents, Blake and Linda Schellenberg, have an interest in
this property in that they are the deed holders. j
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5. That the Respondent, First Horizon Home Loans/First Tennessee Bank
NA/Mortgage Electronic Registration Systems Inc., may have an interest
in this property in that they hold a mortgage for the property (Instrument j
------ . _ _ - _N:os..2-00-7-1-3-935.and-=2.010--1-890)-.-._—__-. .__-_
6. That the Respondent, City of Dubuque, has an interest in this property in
that it is owed for unpaid special assessments against the property.
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E-FILED 2015 JUL 09 9:20 AM DUBUQUE -CLERK OF DISTRICT COURT
7. That the Respondent, FRTL-C104 LLC and UMB Bank Colorado NA, may
have an interest in this property in that they are a Tax Certificate holder.
8. That the Respondent, Michael Vaupel, may have an interest in this
property in that he is a Tax Certificate holder.
9. That the Respondent, ACC 169 LLC/DuTrac/ITP, may have an interest in
this property in that they are a Tax Certificate holder.
10. 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 j
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; j
2. Upon hearing,the Court determine that the property is abandoned within
the meaning of Iowa Code Section 657A.1OA;
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
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By:
Crenna Brumwell
Assistant City Attorney E
Suite 330, Harbor View Place
_30.0 Main-Street-.--------
Dubuque,
_Dubuque, IA 52001-6944 i
(563) 589-4381 '
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