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Notice of Suit_Sharon Dull Mullen IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CITY OF DUBUQUE, IOWA, ) Petitioner, ) Case No. 01311 EQCV VS. ) ORIGINAL NOTICE SHARON DULL MULLEN, ) RENEE MULLEN, ) CITY OF DUBUQUE, IOWA, ) ABIGAIL LAND HOLDINGS 10 LLC, ) DUBUQUE COUNTY, IOWA, ) 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 Brumweil, City Attorney, whose address is 300 Main Street, Suite 330, Dubuque, Iowa, 52001. 9 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: MOAcd 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. t CD = I M M C STATE OF IOWA JUDICIARY Case No, EQCV105357 County Dubuque Case Title LP DUBUQUE V DULL MULLEN 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 htto://www.lowacourts.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: hftr)://www.iowacourts.state.ia.us/Efile II FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION 41 OF IOWA COURT RULES CHAPTER 16:htto://www.lowacourts.state.ia.us/Efile it Scheduled Hearing. I� i u I i! 4 a n �I I 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 10/28/2016 01:37:47 PM f . rt x`t District Clerk of Dubuque County /s/Ana Unger a E—FILED 2016 OCT 28 12:27 PM DUBUQUE— CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CITY OF DUBUQUE, IOWA, ) Petitioner, ) Case No. 01311 EQCV I t" ()J vs. ) } PETITION SHARON DULL MULLEN, ) RENEE MULLEN, ) CITY OF DUBUQUE, IOWA, ) ABIGAIL LAND HOLDINGS 10 LLC, ) DUBUQUE COUNTY, IOWA, ) Respondents. ) n 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, 7 Iowa. 2. That the property which is the subject matter of this suit is 445 Loras Boulevard, Dubuque, Iowa, and legally described as: Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof. 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, Sharon Dull Mullen and Renee Mullen, have an interest in this property in that they are the deed holders. 5. That the Respondent, City of Dubuque, Iowa, may have an interest in this property in that judgment was entered in its favor on September 30, 1994 for Case No. CICV894929; on November 18, 1997 for Case No. CICV894930; and on April 22, 2015 for Case No. EQCV086244. 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. 7. That the Respondent, Abigail Land Holdings 10 LLC, may have an interest in this property in that they are a Tax Certificate holder. 3 u Y E-FILED 2016 OCT 28 12:27 PM DUBUQUE - CLERK OF DISTRICT COURT 8. That the Respondent, Dubuque County, Iowa, may have an interest in this property due to delinquent property taxes and/or assessments against the property. 9. 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. N WHEREFORE, Petitioner prays that: 1. Upon hearing, the Court determine that the property is abandoned within the meaning of Iowa Code Section 657A.10A; � IN 2. 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 g 3. For such other and further relief as the Court deems just and equitable. CITYr DUB OWA By: Crenna Brumweil City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 589-4381 f i THE CITY OF U.S.POSTAGE>)PITNEY BOWES DUB E Dubuque Masterpiece on the Mississippi All-America City 'p•.$ ZF 520011 S006.465 02 1YV City Attorney's Office , 0001;95862 NOV 10 2015 Suite 330,Harbor View Place I I2 210 0002 7514 1876 300 Main Street 2007 7 012 Dubuque,Iowa 52001-6946 City of Dubuque, Iowa 50 West 13th Street Dubuque, IA 52001 Y7