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HomeMy WebLinkAbout1991 Lawsuits 77 1 fl C 20 Alin: 20 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY _CITY CLERIC y {' ?t CIT' I�q�(Eti !OM CI l IA L ,::\ DUANE ANDERSON 479 28 0653 ] Plaintiff, ] ] vs . ) Equity No. 53731 ] MAX YOCUM, ] --, MICHAEL STACEY, ] CITY OF CORALVILLE, ] JOHNSON COUNTY, ] IOWA STATE BANK AND TRUST CO. , ) MOTION FOR COURT_ IOWA CITY READY MIX, INC. , ] TO ENTER DEFAULT JUDGMENT, 1 CITY OF IOWA CITY, STATE OF IOWA, ] BREESE PLUMBING INC. , ] co — GALE KRAMER, AMY MILLIGAN, ] • r and JAMES R. NANKE, ] and ANY UNKNOWN CLAIMANTS AND ] PARTIES IN POSSESSION TO REAL ] PROPERTY DESCRIBED AS: 3 Lot twenty-two (22) in Block ] three ( 3) , in Page's Addition ] to Iowa City, Iowa, according ] to the recorded plat thereof . ] ] Defendants . ] COMES NOW the Plaintiff, by and through the undersigned attorney, and moves the Court to enter a default judgment against those parties not appearing in the above-captioned case. The parties not appearing are: Max Yocum, a/k/a Stanley Max Yocum, Michael Stacey, Iowa City Ready Mix, Inc . , the city of Iowa City, Breese Plumbing, Inc. , Gale Kramer, and Amy Milligan. DATED this // day of December, 1991 . P fl 1 SLC 20i 11: 20 i (//' CITY CLERK PATRICIA C. KAMATH 485 46 9078 ' Vf10'f'!!-,, 1486 First Avenue Suite C Iowa City, Iowa 52240 319/338-5454 ATTORNEY FOR PLAINTIFF cc: John S. Wisby Assistant Attorney General Hoover State Office Building Des Moines, IA 503019 James Nanke P.O. Box 8752 Iowa City, IA 52244 John Bulkley Assistant Johnson County Attorney P.O. Box 2450 Iowa City, IA 52244 Donald L. Diehl 1400 5th Street P.O. Box 5640 Coralville, IA 52241 Proof of Service The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by depositing a copy thereof in the U.S. Hail, postage prepaid, in envelopes addressed to each of the attorneys of record herein at their spective addresses disclosed o9 tfie ple dings, on the" )day of A yam :'1, p99]. /J , , r,, .il /.(•< t` C 2 ( ( 91 OEC 20 Aii 11= 20 '/ D ' IN••THE IOWA DISTRICT COURT FOR JOHNSON Co TY,,;;. ,; ii DUANE ANDERSON 479 28 0653 ) Plaintiff, ] l vs . ] Equity No. 53731 l MAX YOCUM, ] MICHAEL STACEY, ] CITY OF CORALVILLE, ] JOHNSON COUNTY, ] IOWA STATE BANK AND TRUST CO. , ) IOWA CITY READY MIX, INC. , ] ORDER CITY OF IOWA CITY, STATE OF IOWA, ] BREESE PLUMBING INC. , ) GALE KRAMER, AMY MILLIGAN, ] and JAMES R. NANKE, ] and ANY UNKNOWN CLAIMANTS AND ] PARTIES IN POSSESSION TO REAL ) PROPERTY DESCRIBED AS: ] Lot twenty-two (22 ) in Block ] three ( 3 ) , in Page's Addition ] to Iowa City, Iowa, according l to the recorded plat thereof . ] l Defendants. ] The following parties, having appeared not in the above- captioned case after due and proper service, and/or notice by publication, are therefore ORDERED, ADJUDGED, AND DECREED to be in default in this action: Max Yocum, a/k/a Stanley Max Yocum, Michael Stacey, Iowa City Ready Mix, Inc. , the city of Iowa City, Breese Plumbing, Inc. , Gale KrameK, and Am, Milligan. DATED this /6 /i day of /-29.4.70 //4A/ , i9 / . ,1a-i7-ii. ll 1 - gf'" , ,,, , t141° . . ct ti) . _ Ili 471 ---,' LW) CI 10e JUDGE OF THE SIXTH JUD CI; _' RICT ::y __. . —. ITK4?:1-1.1.0 _____ trc- t 14i* 1 Cli It \-- -- — . 1 8.1991 IP! 1L Flan IN THE IOWA DISTRICT COURT FOR JOHNSON Alatitte 11112: 03 CITY CLEM.. DUANE ANDERSON 479 28 0653 ] (d ,�,' CITY, '' Plaintiff, ] vs . ] Equity No. 53731 l MAX YOCUM, MICHAEL STACEY, ] CITY OF CORALVILLE, JOHNSON COUNTY, ] c_ p l IOWA STATE BANK AND TRUST CO. , ] � ^" IOWA CITY READY MIX, INC. , ] AFFIDAVIT CITY OF IOWA CITY, STATE OF IOWA, ] i BREESE PLUMBING INC. , ] o ;LJ' N 0 GALE KRAMER, AMY MILLIGAN, l "`-' y- 1 and JAMES R. NANKE, co and ANY UNKNOWN CLAIMANTS AND ] o Gr, PARTIES IN POSSESSION TO REAL �� r PROPERTY DESCRIBED AS: ] Lot twenty-two ( 22) in Block ] three ( 3) , in Page's Addition ] to Iowa City, Iowa, according ] to the recorded plat thereof . ] Defendants . • I , Patricia C. Kamath, attorney for the Plaintiff and the undersigned affiant, do hereby state that I attempted to serve notice upon Defendants Michael Stacey and James R. Nanke at their last known mailing addresses of P.O. Box 2042, Iowa City, Iowa, 52244 , and P.O. Box 8752, Iowa City, Iowa, 52244, respectively, without success, and proceeded to serve notice on said Defendants by publication. (:24e-ex-) (1. 7111414--(4.---) ATRICIA C. KAMATH 485 46 9078 1486 First Avenue Suite C Iowa City, Iowa 52240 319/338-5454 ATTORNEY FOR PLAINTIFF STATE OF IOWA ] ] SS: JOHNSON OF COUNTY ] Subscribed and sworn to before me, a Notary Public, by known to me to be the identisa1-person named in the foregoing document on this // day of re-/lie-1_2 , 19 1. � L . . 4I1 # LI r `011 .-'4PUB i7 IN "I aR SiD COU' Y AND STATE vo cp -4-4 L w fV 2 k <1 IN THE IOWA 911T,S7Rjcr couRT FOR JOHNSON , 8 4/ S '36 CITY `�9rI etC DUANE ANDERSON 479 28 ©65IT ] / ;q? r ] Plaintiff, ] ] vs . ] Equity No. 53731 MAX YOCUM, MICHAEL STACEY, ] CITY OF CORALVILLE, ] JOHNSON COUNTY, ] IOWA CITY READY MIX, INC. , ] AMENDED PETITION CITY OF IOWA CITY, STATE OF IOWA, ] BREESE PLUMBING INC. , ] GALE KRAMER, AMY MILLIGAN, ] and JAMES R. NANKE, ] and ANY UNKNOWN CLAIMANTS AND ] PARTIES IN POSSESSION TO REAL PROPERTY DESCRIBED AS: ] Lot twenty-two ( 22) in Block ] three ( 3) , in Page's Addition ] to Iowa City, Iowa, according ] to the recorded plat thereof . ] Defendants . ] COMES NOW the Plaintiff, by and through the undersigned attorney, and for the cause of action against the Defendants states to the Court as follows : 1 . The Plaintiff hereby drops the Iowa State Bank and Trust Company from the caption as a named party Defendant. 2 . The Plaintiff hereby incorporates paragraphs one through 20 of the original petition, filed September 17, 1991, except for the reference to the Iowa State Bank and Trust Company in paragraph 3 . 2 . The interest or apparent interest of the State in this case in the following judgments against Defendant Max Yocum: a. Case No. 49877, Docket 129, page 287 , State of Iowa against Max Yocum d/b/a Yocum's Construction, November 1, 1989, for costs of $30 . 00. b. Case No. 63500, Docket 89, page TR, State of Iowa against Max Yocum, September 1, 1989, in the amount of $23 .00 and $15 .00 for costs . c. Case No. 63501, Docket 89, page TR, State of Iowa against Max Yocum, September 1, 1989, in the amount of $15 .00 for costs . d. Case No. 61072, Docket 86, page TR, State of Iowa against Max Yocum, December 9, 1986, in the amount of $85.25 and costs of $30 .00 . e. Case No. 61072, Docket 86, page TR, State of Iowa against Max Yocum, December 9, 1986, in the amount of $64 .40 . f. Case No. 49728, Docket 129, page 138, State of Iowa against Max Yocum, September 4, 1987, in the amount of $71. 00 for costs. 3 . Plaintiff hereby incorporates the remainder of the original petition, filed September 17, 1991 . DATED this day of October, 1991 . �.o cp •`i w _..rn o • • w 2 i ()___ k// f PATRICIA C. KAMATH 485 46 9078 1486 First Avenue Suite C Iowa City, Iowa 52240 319/338-5454 ATTORNEY FOR PETITIONER cc: Max Yocum Michael Stacey City of Coralville Johnson County Iowa City Ready Mix, Inc . City of Iowa City State of Iowa Breese Plumbing Inc . Gale Kramer Amy Milligan James R. Nanke Proof of Service The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by depositing a copy thereof in the U.S. Nail, postage prepaid, in envelopes addressed to each of the attorneys of record herein at their respective addre a disclosed • t.= lea.ings, yp" ��02 day of , if` „1991. CD �r;T >7 C"") eT 4f —I w ;-<S_- -ci -1, +'"-) CO 3 END OF CASE FILE