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HomeMy WebLinkAbout1995 Lawsuits IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ALLIED MUTUAL INSURANCE COMPANY, ) Plaintiff, ) NO. .54,71z_ vs. ) ORIGINAL NOTICE CITY OF IOWA CITY, ) ) Defendant. ) TO THE ABOVE-NAMED DEFENDANT(S): 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 Plaintiff's attorney is JOHN K. VON LACKUM, of the law firm of ELDERKIN & PIRNIE, P.L.C., whose address is Suite 700 Higley Building, 118 Third Avenue S.E., P.O. Box 1968, Cedar Rapids, Iowa 52406. You are further notified that unless, within 20 days after service of the Original Notice upon you, you serve, and within a reasonable time thereafter file, a Motion or Answer in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. (,4 j hw .A /61'3 Ito Clerk of the Above Court County Courthouse Iowa City, Iowa , -; u, NOTE: The attorney who is expected to represent the Defendant should be promptlycadlvised by Defendant of the service of this Notice. • -17 GC ra-t C' i 1! • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ALLIED MUTUAL INSURANCE ) ' COMPANY, 42-0111280 ) G Plaintiff, ) No. 5C.-7 I L - vs. PETITION CITY OF IOWA CITY, ) Defendant. ) Plaintiff for cause of action against Defendant states: 1. Plaintiff is an Iowa corporation and property and casualty insurance company which is conducting an investigation concerning a motor vehicle accident. 2. Defendant is an Iowa municipal corporation in Johnson County, Iowa. 3. The Iowa City Police Department of the City of Iowa City, Iowa, investigated an accident referred to above which occurred between Roy Strong and Christopher Lenz with photographs and measurements by a technical investigator named Cathy Lippold. 4. It is believed that the Iowa City Police Department took photographs, made diagrams, made measurements and recorded same and possibly took statements in connection with the accident which would be included in its police report No. 95-505-074. 5. In order to continue its investigation Plaintiff needs access to such police report including photographs, diagrams and measurements and statements taken in order to have the opportunity to copy same. `' ' • rn t C- i 6. The Iowa City Police Department has refused to make its file available for such purposes without Court Order. WHEREFORE, Plaintiff prays for an Order directing the Iowa City Police Department to open its file No. 95-505-074 to a representative of Plaintiff and to permit copying of same and for such other and further relief and orders which may be appropriate. �OHN K. VON LACKU 00005768 ELDERKIN & PIRNIE, P.L.C. 700 Higley Bldg., P.O. Box 1968 Cedar Rapids, IA 52406 (31'9) 362-2137 ATTORNEYS FOR PLAINTIFF try to m 4--) uu c- - =� W J�F V 2 END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY i ASSOCIATES FINANCE, INC. , • Plaintiff, EQUITY NO. 5,5 j 7 vs . • JAMES ALCAYDE, MARGARET • ALCAYDE, AMERICAN FINANCE ORIGINAL NOTICE CORPORATION, CITY OF IOWA • CITY, IOWA, Defendants . Cal TO THE ABOVE NAMED DEFENDANT: CITY OF IOWA CITY s c/o City Clerk , 1 City Hall -- Iowa City, IAN --r' Cil YOU ARE HEREBY NOTIFIED that there is now on file c?n 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 Plaintiff 's attorney is DAVID L. WETSCH, whose address is 974 - 73rd Street, Suite 20, Des Moines, IA 50312 . YOU ARE FURTHER NOTIFIED that unless, within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file, a motion or answer in the Iowa District Court for Johnson County at the Johnson County Courthouse, Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. ( 66/1EDWARD F. STEINBRECH CLERK OF COURT - Deputy Johnson County Courthouse Iowa City, IA 52244 NOTE: The attorney who is expected to represent the Defendant should be promptly advised by Defendant of the service of this Notice. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY .-Or �. ASSOCIATES FINANCE, INC. , Plaintiff , EQUITY NO. 5 , q7 , d'•� JAMES ALCAYDE, MARGARET •• ALCAYDE, AMERICAN FINANCE PETITION IN FORECLOSURE CORPORATION, CITY OF IOWA • WITHOUT REDEMPTION p to CITY, IOWA, E m Defendants . cr. -v COMES NOW the Plaintiff, Associates Finance, Inc:. , aid in ,73 support of its cause of action against the Defendants, states to the Court as follows : 1 . The Plaintiff is a corporation doing business in the State of Iowa. 2 . In accordance with the provisions of Section 654 . 20 of the Code of Iowa, the Plaintiff hereby states as follows : NOTICE THAT PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE- FAMILY OR TWO-FAMILY DWELLING, OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL 2 HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY . YOU MAY PURCHASE AT THE SALE. 3 . The Defendants, James and Margaret Alcayde, are individuals residing in Iowa City, Johnson County, Iowa. 4 . On or about January 26 , 1994 , the Defendants made, executed and delivered to the Plaintiff a Loan Agreement for the principal sum of $39, 236 . 00 . 5 . To secure said Note, the Defendants executed and delivered to the Plaintiff a Real Estate Mortgage on the following described real estate in Johnson County, Iowa, to-wit: 5 . To secure said Note, the Defendant executed and delivered to the Plaintiff a Mortgage on the following described real estate in County, to-wit : Lot 57 , LINDEN PARK ADDITION to Iowa City, Iowa, according to the plat recorded thereof in Book 6 , Page 59 , Plat Records of Johnson County, Iowa . �^ This Mortgage was duly filed for record in the Office _of Elle , : Recorder of Johnson County, Iowa, on January 27, 1994, :in Book 1696 , Page 264 . '1 6 . The Note provides that if it is not paid when due `aid remains unpaid after a date specified by notice to the borrower, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the lender. In accordance with the terms of said Note, the Plaintiff has provided the Defendants with such notice, a copy of which is 3 attached hereto, marked Exhibit "A" , and incorporated herein by this reference. 7 . The payments on said Note have been delinquent since December of 1994 . Accordingly, the Plaintiff has elected and does hereby reaffirm its election, pursuant to the terms of said Note and Mortgage, to accelerate the Note and Mortgage, and does hereby declare the entire indebtedness immediately due and payable. 8 . There is presently due, owing, and unpaid on said Note, as secured by said Mortgage instrument, the following sums : a) Unpaid principal of $38, 826 . 48 ; b) Accrued interest of $1 , 166 . 81 as of April 17, 1995; c) Future accruing interest on the unpaid principal at the rate of $16 . 52 per diem from and after April 17 , 1995; d) Abstracting costs of $305 . 00 . 9 . In accordance with the provisions of Section 654 . 20 of the Code of Iowa, Plaintiff hereby waives any deficiency judgment against the Defendants, and hereby elects to foreclose the aforementioned mortgage without redemption. 10 . The City of Iowa City, Iowa, is included as a Defendant in this action due to re Rehabilitation Lien dated September 6 , 1991 , filed September 19 , 1991 , in Book 1280, Page 318, of the Johnson County Recorder's Office, and also a Real Estate Mortgage instrument dated September 6 , 1991, recorded September 19 , 1991 , in Book 1280, Page 323, of the Johnson Count Recorder' s Office, \w 't.. 11 E,t which secures a Promissory Note dated' September 6, 1991, recorded 0; • 4 September 19 , 1991 , in Book 1280, Page 322, of the Johnson County Recorder' s Office. 11 . American Finance Corporation is included as a Defendant in this action by virtue of a Real Estate Mortgage instrument which has not been released, but which has been paid in full . Said Real Estate Mortgage instrument is dated September 13, 1975 , recorded October 10, 1975, in Book 215, Page 313, of the Johnson County Recorder' s Office . 12 . No personal money judgment is requested against any of the Defendants to this action. WHEREFORE, Plaintiff prays for judgment in rem as to the above described real property, for the principal sum of $38, 826 . 48, . accrued interest of $1 , 166 . 81 as of April 17 , 1995, together . ith .. interest accruing thereon at the rate of $16 . 52 per diem' frorrt=oand after April 17 , 1995 , abstracting costs of $305 . 00, and all taxes, insurance, and other abstracting fees paid by the Plaintiff, plus the costs of this action. Plaintiff further prays for judgment and Decree establishing Plaintiff ' s Mortgage as the first and superior lien on the above- described real estate, foreclosing Plaintiff ' s Mortgage for the full amount of the aforesaid judgment, interest, and costs, and accruing interest and costs; establishing that Plaintiff ' s first and superior lien dates from the date of the execution of said Mortgage; declaring and adjudging the claim and rights of each and all of the Defendants to be junior, inferior, and subsequent to the 5 Plaintiff ' s Mortgage lien; and foreclosing Plaintiff ' s Mortgage against all Defendants . Plaintiff further prays that the judgment Decree forever bar and stop each and every other Defendant from having or asserting any right, title, lien, or claim in said real estate, and that a Special Execution issue from this Court directing the sale of said mortgaged premises, or so much thereof as may be necessary to satisfy said judgment, interest, and costs; and That upon completion of the Sheriff ' s Sale, a Sheriff ' s Deed issue to the successful bidder, conveying absolute title of said real estate against all Defendants and all persons claiming by, through, or under them, with a Writ of Possession then issuing forthwith to put the grantee of said Sheriff ' s Deed in immediate possession of said real estate. The Plaintiff also prays fo such other and further relief as the Court may deem equitable . nd j sthe •r-mises . 41 ..,. al .L., C :i -L. CH PK1000004 974 - 73rd Street, Suite 10 Des Moines, IA 50312 Telephone ( 515) 223-6000 ATTORNEY FOR PLAINTIFF ''x,\01 ').. 112 WADI OS :z W8 91 I' M` ;.) ,...a ...i... 6 STATE OF IOWA ) ) ss COUNTY OF POLK ) I , David L. Wetsch, being fi t duly sworn, state that I am the attorney for the Plaintif he, ei • hat I have read this Petition in Foreclosure With,,ut •e.empti•n. tle facts and allegations contained therein are r e and c• v --c as I verily believe. �4N Subscribed and swor to`befor me by,saidid L. Wetsch on this / 2._ dayof J 19 &0(.( on Lit,LvI I NOTARY P BLIC)IN AND FOR THE STA E O IOWA 11) BECKY LYNNOMM1SSION EXPISWEENRES EY MY aa9` �C1C ‘ .� • DAVID L. WETSCH ATTORNEY AT LAW 974 SEVENTY-THIRD STREET SUITE 20 DES MOINES,IOWA 50312 515.223-6000 FAX 515.223-6011 April 19, 1995 James and Margaret Alcayde 125 Schrader Road Iowa City, IA 52245 RE: Associates Finance, Inc . 1705 First Avenue, Suite B Iowa City, IA 52240 January 26 , 1994 , Real Estate Mortgage Dear Mr. & Mrs . Alcayde : You are obligated under a Loan Agreement and Mortgage executed by you on the 26th day of January, 1994 , in the original amount of $39 , 236 . 00, covering the real estate legally described as : Lot 57 , LINDEN PARK ADDITION to Iowa City, Johnson County, Iowa . You are now in default of this obligation for your failure to make the loan payments due since December 1 , 1994 , as itemized below: Principal and interest due for: December 1, 1994 , payment $ 531 . 43 January 1 , 1995, payment $ 531 . 43 February 1, 1995, payment $ 531 . 43 March 1, 1995, payment $ 531 . 43 April 1 , 1995, payment $ 531 . 43 TOTAL YOU MUST PAY TO CURE THE DEFAULT: $2 , 657 . 15 You have a right to cure this default by tendering the above amount by May 19 , 1995 , (hereinafter called the "Cure Date" ) , which is thirty days from the date this letter is mailed or personally delivered to you. Please make payments to: Associates Finance, Inc . c/o David L. Wetsch Attorney at Law 974 - 73rd Street, Suite 20 Des Moines , IA 50312 c. `;; ,+ c' Telephone ( 515) 223-6SQ; i , James and Margaret Alcayde April 19 , 1995 Page Two You must make payment in the form of certified funds or cash. Personal checks or other forms of payment will not be accepted. If you cure this default, you may continue with this obligation as though you did not default . If you do not cure this default and the breach of the Mortgage by the Cure Date, Associates Finance, Inc . , is entitled to proceed with initiating a foreclosure action. If you default again in the next year, Associates Finance, Inc . , may exercise its rights without sending you another notice like this one . If a foreclosure action or procedure is necessary, Associates Finance, Inc . , may request the Court to include in the foreclosure action or procedure abstracting expenses, Clerk of Court fees, Sheriff ' s fees , and all other costs associated therewith. As stated above, the total delinquent balance due, owing, and unpaid on your Note and Mortgage to Associates Finance, Inc . , is the sum of $2 , 657 . 15 . Unless you notify us within 30 days after receipt of this letter that the validity of this debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us of a dispute, we will obtain verification of the debt and mail it to you . Also, upon your written request within 30 days , we will provide you with the name and address of the original creditor if different than the current creditor . We may proceed with suit against you without waiting the 30 days , if so requested by our client. This letter is an attempt to collect the debt, and any information obtained will be used for that purpose. Please give this matter your immediate attention and govern yourself accordingly. / Sincerely y.urs, I 'VID . WETSCH Attorney for Associates Finance, Inc. DLW/bls 1, it : ` p; :Z ila 91yil� 95 1 END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ANTHONY CARROLL EICHER, individually, ] and SHARLENE EICHER, individually, and ] ANTHONY AND SHARLENE EICHER, jointly husband and wife; and ANTHONY AND SHARLENE EICHER, ] as Guardians and next best friends of JEREMY EICHER, MICHAEL EICHER, and JAMIE EICHER ] Plaintiffs, ] LAW. No. v. ] 56366 The CITY OF IOWA CITY, and EDWARD P. SCHULTZ , individually, and as ] ORIGINAL employee and agent of the City of Iowa City, ] NOTICE and DEANNA BERNARD, n/k/a DEANNA PETERSEN, individually, and jointly and severally, and DEANNA BERNARD n/k/a DEANNA PETERSEN, as Guardian ] and next best friend of JAMIE BERNARD, and BRETT BERNARD, individually, and jointly ] and severally, Defendants. 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 AT LAW, a copy of which is attached hereto. The Petitioner is represented by Sally Heckman Peck, located at 102 S. Clinton St. , #403 , Iowa City, IA 52240 , phone 319-351- 2332 . 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 Motion or Answer in the Iowa District Court for JOHNSON County, Iowa, at the Courthouse in IOWA CITY, Iowa, Judgment by Default will be rendered against you for the rel ief _demanded in the Petition . /./ /te-(4/4, ii(�1�uLL� CLERK OF T E SIXTH JUDICIAL DISTRICT OF IOWA JOHNSON County Courthouse IOWA CITY, Iowa 52240 NOTE: The Attorney who is expected to represent the DEFENDANTS should be promptly advised by the Defendants of service of this Notice. ') t t7 :Z Wd 0 12101 S6 1;- U 1 1.4 M+d IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ANTHONY CARROLL EICHER, individually, ] and SHARLENE EICHER, individually, and ] ANTHONY AND SHARLENE EICHER, jointly ] husband and wife; and ANTHONY AND SHARLENE EICHER, ] as Guardians and next best friends of ] JEREMY EICHER, MICHAEL EICHER, and JAMIE EICHER ] Plaintiffs, ] LAW. No. v. ] 5636 The CITY OF IOWA CITY, and ] PETITION EDWARD P. SCHULTZ, individually, and as ] AT LAW employee and agent of the City of Iowa City, and DEANNA BERNARD, n/k/a DEANNA PETERSEN, =a individually, and jointly and severally, and DEANNA BERNARD n/k/a DEANNA PETERSEN, as Guardian ] and next best friend of JAMIE BERNARD, and ] -, BRETT BERNARD, individually, and jointly ] J. and severally ] ' Defendants. ] , For cause of action, and for trial by jury, the Plaintiffs state: 1 . At all material times, Plaintiffs ANTHONY CARROLL EICHER and SHARLENE EICHER were and still are residents of the City of Iowa City, State of Iowa. 2 . At all material times, Plaintiffs, ANTHONY CARROLL EICHER, and SHARLENE EICHER, were and still are husband and wife, and were and still are the parents of JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, who were and still are residents of Iowa City, Johnson County, Iowa. 3 . At all material times, Defendant Officer EDWARD P. SCHULTZ was a servant, agent, and employee of Co-Defendant, the City of Iowa City so that his acts are imputed to the City of Iowa City. LY1 :Z 'Fs 01 4... SG • 6. At all material times, the Defendant, DEANNA BERNARD, n/k/a DEANNA PETERSEN, was and still is a resident of the City of Iowa City, Johnson County, Iowa; and was and still is the mother of JAMIE BERNARD and BRETT BERNARD. 7 . On or about the 6th or 8th day of July, 1992 , the DEFENDANT EDWARD P SCHULTZ, in the course of his duties as police officer and employee of the City of Iowa City, assumed investigation of two cases, one case a case of Criminal Trespass, and the other of Indecent Exposure. 8. DEFENDANT EDWARD P. SCHULTZ, maliciously procured the prosecution of the PLAINTIFF ANTHONY CARROLL EICHER for Criminal Trespass and Indecent Exposure. 9. The PLAINTIFF, ANTHONY CARROLL EICHER, was completely acquitted and exonerated of both charges by a jury of twelve peers in Johnson County on or about the 10th day of March, 1993 after less than one hour of deliberation. 10 . The fact of this arrest and incarceration became known among his friends and acquaintances, members of his church, AND continue to be known, and that the public knowledge of said facts and charges will inescapably become known in the future as the result of the malicious prosecution and conduct of the DEFENDANTS. 11 . DEFENDANT OFFICER SCHULTZ, as a consequence of inadequate investigation, improper identification procedures, and with improper motive, acted without probable cause and with malice in the prosecution of PLAINTIFF ANTHONY EICHER. Officer Schultz had 81 :z 1-id 01 aN Sn 2 • no reasonable grounds for pursuing the prosecution of the Plaintiff because a reasonable police officer should have known that the method used to obtain the identification of Plaintiff Anthony EICHER was untrustworthy. 12 . DEFENDANT OFFICER SCHULTZ acted with malice in the prosecution of PLAINTIFF ANTHONY EICHER, stemming from an earlier unsuccessful prosecution. 13 . The malicious prosecution by DEFENDANT OFFICER SCHULTZ was the direct and proximate cause of PLAINTIFF ANTHONY EICHER's and all the Plaintiffs' damages received as a consequence of the Plaintiff ANTHONY EICHER, being forced to endure a criminal trial founded on unjust grounds. 14 . From the time of arrest and through the date of trial herein, Defendant CITY OF IOWA CITY, and its agent EDWARD P. SCHULTZ, communicated falsehoods to third parties about the Defendant, claiming he had a prior criminal record when in fact he had none. 15. Defendant CITY OF IOWA CITY, and its agent EDWARD P. SCHULTZ, knew such statements were false and were known to be false at all times material hereto, and they made no attempt to correct said falsehoods. 16. These falsehoods were a proximate cause of damage to the Plaintiffs. 17. As the result of the improper conduct of Officer SCHULTZ, Plaintiff ANTHONY',CARROLL EICHER has been stigmatized as } rk; a member of his community, his church, and in his employment. He has suffered severe mental and emotional distress and anguish, embarrassment and humiliation, has suffered economic loss, additional expenses for counselling, and he has incurred additional damages for medical , drug and therapeutic expenses as a result of the physical and emotional stress reactions proximately caused by the actions of the Defendant, CITY OF IOWA CITY. 18 . As a direct and proximate result of the Defendants' intentional acts, PLAINTIFFS: ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, suffered physical and mental pain and injury, and will continue to so suffer in the future. 19 . Defendant EDWARD P. SCHULTZ, communicated falsehoods to third parties about the Defendant, claiming he had a prior criminal record when in fact he had none, from the time of arrest and continuing through trial herein, and thereafter. Said falsehoods were never corrected or retracted. 20. Defendant EDWARD P. SCHULTZ, knew said statements to be false at the time they were made, and made no attempt to correct or retract the falsehoods . 21 . The defamatory and false statements are a proximate cause of damage to the Plaintiffs ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER. 22. As a direct and proximate result of Defendant EDWARD P. SCHULTZ's intentional acts, PLAINTIFFS, ANTHONY EICHER, SHARLENE 8 : 14d 01 1 SS 'VWia b.t-i J � R EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, suffered physical and mental pain and injury, and will continue to so suffer in the future. 23 . Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN, communicated falsehoods to third parties about the Defendant through the date of trial and continuing thereafter, claiming he had a prior criminal record when in fact he had none. 24 . The statements made by Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN, were false and known to be false or were made with reckless disregard for the truth or falsity thereof at the time they were made, and she has continued to make such statements knowing then to be false. 25. The defamatory and false statements are a proximate cause of damage to the Plaintiffs ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER. 26 . As the result of said defamation, the Plaintiff ANTHONY CARROLL EICHER has been stigmatized as a member of his community, his church, and in his employment. He has suffered severe mental and emotional distress and anguish, embarrassment and humiliation, has suffered economic loss, additional expenses for counselling, and he incurred additional damages for medical , drug and therapeutic expenses as a result of the physical and emotional stress reactions proximately caused by the actions of the Defendant, DEANNA BERNARD, n/k/a DEANNA PETERSEN. 27. As a direct and proximate result of Defendant DEANNA 5 �'i i 01 BERNARD, n/k/a DEANNA PETERSEN 's intentional acts, PLAINTIFFS, ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, suffered physical and mental pain and injury, and will continue to so suffer in the future. 28. Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN, communicated falsehoods to DEFENDANTS JAMIE BERNARD AND MICHAEL BERNARD. DEFENDANTS JAMIE BERNARD AND MICHAEL BERNARD communicated the defamatory and false statements to third parties in the neighborhood and at the school of PLAINTIFFS JAMIE EICHER, JEREMY EICHER AND MICHAEL EICHER about the PLAINTIFF ANTHONY CARROLL EICHER, claiming he had a prior criminal record when in fact he had none, beginning at or near the time of his arrest, continuing through the date of trial , and thereafter. 29. The statements made by Defendants JAMIE BERNARD, and MICHAEL BERNARD, were false and known to be false or were made with reckless disregard for the truth or falsity thereof at the times they were made. 30. The defamatory and false statements are a proximate cause of damage to the Plaintiffs ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER. 31 . As the result of said defamation, the Plaintiffs ANTHONY CARROLL EICHER and SHARLENE EICHER have been stigmatized as members of their community, their church and their children's school. PLAINTIFFS ANTHONY CARROLL EICHER AND SHARLENE EICHER suffered "1t severe mental and emotional distress and' anguish, embarrassment and 0'7 :Z k!d 01 dYri ; 6 «,.. LM :::idim • humiliation, have suffered economic loss, additional expenses for counselling, and they have incurred additional damages for medical , drug and therapeutic expenses as a result of the physical and emotional stress reactions proximately caused by the actions of the Defendants, 32 . As a direct and proximate result of Defendant JAMIE BERNARD, and MICHAEL BERNARD's intentional acts, PLAINTIFFS ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, suffered physical and mental pain and injury, and will continue to so suffer in the future. 33 . As a direct and proximate consequence of the behavior of the Defendants, the Plaintiff , ANTHONY EICHER, has experienced injury to his own reputation in the community where he lives and where he is employed. 34 . As a direct and proximate result of the Defendant's actions , the Plaintiff , SHARLENE EICHER, has suffered damage to her reputation in the community where she lives and where she is employed. 35. As a direct and proximate result of the action of the Defendant, the minor children of the Plaintiffs have suffered injury to their reputation where they live and where they go to school . 36. As a direct and proximate result of the behavior of the Defendants, the Plaintiff , ANTHONY EICHER, has suffered mental distress and injury to feelings as a result of his arrest and O14 ,. 13 VA 01 g+� :; d 01 0H S6 �1?.:'t N77 Cid • pretrial incarceration and as a result of having to defend himself against unfounded charges. He has also experienced mental distress and injuries as a result of humiliation, embarrassment, or shame, and has experienced mental distress and anguish and injury to his feelings as a reaction of others toward the Plaintiff. 37 . As a direct and proximate result of the behavior of the Defendants, the Plaintiff, SHARLENE EICHER, has experienced mental distress and injury to her feelings as a direct result of the malicious prosecution of Plaintiff ANTHONY EICHER, as a result of having to spend money to assist her husband in the defense against the unfounded charges brought against him, as a result of humiliation, embarrassment, and shame, and as a result of the reaction of others toward her. 38. The Plaintiffs' children have experienced mental distress and injury to their feelings as a direct result of the Defendant's malicious prosecution of Plaintiff ANTHONY EICHER and have suffered humiliation, embarrassment, and shame and as a result of the reaction of others toward them. 40. The behavior of Defendants Schultz and Defendant Bernard were malicious and without reasonable grounds and punitive damages are sought. 41 . As a result of the conduct of the DEFENDANT EDWARD P. SCHULTZ, the PLAINTIFF, ANTHONY CARROLL EICHER, suffered damage to his personal reputation, suffered damage to his marital relationship with his wife, sufferlfcamage. t.o the parent child 8'1 :Z 1,Id 01 0 relationship with his children, suffered loss of freedom, loss of time from work, loss of income, loss of privacy, suffered physically and mentally, and incurred great expense in defending himself. 42 . As a result of the conduct of the DEFENDANT DEANNA BERNARD, the PLAINTIFF, ANTHONY CARROLL EICHER, suffered damage to his personal reputation, suffered damage to his marital relationship with his wife, suffered damage to the parent child relationship with his children, loss of privacy, suffered physically and mentally, and incurred great expense in defending himself. 43 . As a result of the conduct of the DEFENDANT EDWARD P. SCHULTZ, the PLAINTIFF, SHARLENE EICHER, has suffered damage to her personal reputation, suffered damage to her marital relationship with her husband, suffered damage to the parent child relationship with her children, suffered loss of freedom, loss of time from work, loss of income, loss of privacy, suffered physically and mentally, and incurred great expense. 44 . As a result of the conduct of the DEFENDANT DEANNA BERNARD, the PLAINTIFF, SHARLENE EICHER, suffered damage to her personal reputation, suffered damage to her marital relationship with her husband, suffered damage to the parent child relationship with her children, loss of privacy, suffered physically and mentally, and incurred great expense. WHEREFORE the PLAINTIFFS, ANTHONY EICHER, SHARLENE EICHER, €31 . did 0 I MI S6 9 0A JEREMY EICHER, MICHAEL EICHER, and JAMIE EICHER pray for judgment against the DEFENDANTS, EDWARD P. SCHULTZ, DEANNA BERNARD, n/k/a DEANNA PETERSEN, JOHNSON COUNTY, and the CITY OF IOWA CITY, individually, and jointly and severally, for trial by jury, for costs, attorney fees and interest from the date of filing. R- ,•ectfUlly�submitted, LLY HECKMAN PECK 000 00 6478 102 South Clintm_Street; Suite 403 • • . - • , Iowa 52240 319-351-2332 ATTORNEY FOR PLAINTIFFS cc: Anthony CARROLL EICHER EDWARD P. SCHULTZ CITY OF IOWA CITY DEANNA BERNARD, n/k/a DEANNA PETERSEN 001 V..11`3 r1'3 VM01 5}>t 1.10 84 :2 Wd 01 /11/W S6 END OF CASE FILE • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JANET M. FULLER ) <o SSN # 478-52-4850 ) csl PLAINTIFF, ) NO. J�° �a) �^ ( vs. ) ORIGINAL NOTICE - __ CITY OF IOWA CITY, IOWA, ) DEFENDANT. ) * * * * TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition at Law and Jury Demand in the above-entitled action, a copy of which Peti- tion of Law and Jury Demand is attached hereto. The Plaintiffs' attorney is Douglas D. Dag- gett, 703 S. Clinton Street, P.O. Box 720, Iowa City, Iowa 52240-0720, (319) 339-7727. You are further notified that unless you appear thereto and defend in the Iowa District Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa, within twenty (20) days after the service of this Original Notice upon you, judgment by default will be ren- dered against you for the relief demanded in the Petition at Law and Jury Demand. (Seal) EDWARD F. STEINBRECH sij CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa 52240 NOTE: Persons named as Defendants are told to "appear thereto and defend." These words are not always understood. The required appearance may be made either by the Defendants or by Defendants' attorneys. IT IS NECESSARY TO SERVE AND FILE A SPECIAL AP- PEARANCE, MOTION OR PLEADING TO PREVENT A DEFAULT (Rule 87). The attor- neys who are expected to appear for the Defendants should be promptly advised by Defendants of the service of this notice. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY .. . } � JANET M. FULLER ) r'i;;_a, 8 PA7 7A SSN # 478-52-4850 ) f . ,?(5 PLAINTIFF, ) NO. J�4D / 1/- , ,;r 1. ) vs. ) PETITION AT LAW ) CITY OF IOWA CITY, IOWA, ) ) DEFENDANT. ) * * * * * COMES NOW Plaintiff, Janet M. Fuller, and for cause of action against the Defendant states as follows: 1. Janet M. Fuller is an individual residing in Johnson County, Iowa. 2. The City of Iowa City is an Iowa municipality located in Johnson County, Iowa. 3. Janet M. Fuller lives in a house at the address 1714 DeForest Avenue, Iowa City, Iowa. This house is located on the corner of DeForest Avenue and Sycamore Street. 4. Janet M. Fuller suffered damages when water flooded the basement of her house on at least three different occasions. These occasions include July, 1993, September or October, 1993, and June, 1995. 5. The water damage sustained by Ms. Fuller was caused by run-off rain water that the storm water drains were unable to properly drain from the street in front of Ms. Fuller's house. ir. 6. The City of Iowa City was negligent in the following particulak n, a. By failing to properly construct the storm water drains,, and b. By failing to properly maintain the storm waterain "� 7. The City of Iowa City's negligence is the proximate cause of Ms. Fuller's dam- ages. 8. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure number 3. WHEREFORE, Plaintiff, Janet M. Fuller, requests judgment against the Defendant, City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of fact, plus interest at the maximum rate allowed by law and for the costs of this action. FOSTER LAW OFFICE By: Do s D. Dagl. ►' 000014787 703 S. Clinton Street P.O. Box 720 Iowa City, IA 52244-0720 (319) 339-7727 Attorney for Plaintiff 1:22a0555.1tg LO cn C:0 , G"3 i L ry T,- N C., , IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY , `S,+► JANET M. FULLER ) oo ` SSN # 478-52-4850 ) PLAINTIFF, ) NO. .5-Ga Z2 • cf vs. ) JURY DEMAND) CITY OF IOWA CITY, IOWA, ) ) DEFENDANT. ) * COMES NOW Plaintiff and hereby demands a trial by jury of all fact issues in this case. DATED this 16' day of August, 1995. FOSTER LAW OFFICE BY: n Do leCS P. Dag:,//000014787 70 �S. Clinton Street P.O. Box 720 Iowa City, IA 52244-0720 (319) 339-7727 Attorney for Plaintiff 1:22a0555.1tg C11 r+1 G7 U _ fV END OF CASE FILE f IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official Form No.301 OF THIS FORM,CONSULT YOUR LAWYER THE IOWA DISTRICT COURT Noa.0 JOHNSON COUNTY I I -0 Hills Bank and Trust Company,Plaintiff(s), LAW • (42-0310580) EQUITY ® No. 56739 vs. Matthew J. Parizek (480-94-8142) , ORIGINAL NOTICE State of Iowa, and City of Iowa City, Iowa, Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): 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 plaintiff's(s') attorney is Nancy B. Willis whose address is P_o_xox 143. 150 E. Court St. , Suite 201, Iowa Citylowa 52244 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for JprDgrn County, at the courthouse in Iowa City , Iowa, judgment by defaul ill be rendered against you for the relief demanded in the petition. EDWAR F. STEL (SEAL) 4 CLERK it! HE ABOVE COU' Johnson County Courthouse Iowa city , Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE This Printing October.1989 Revised October.1989 A kn IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY = - 7 Hills Bank and Trust Company, ) (42-0310580) ) ) EQUITY NO. 56739 - Plaintiff, ) -, PETITION FOR FORECLOSURE OF v. ) REAL ESTATE MORTGAGE Matthew J. Parizek (480-94-8142) , ) `=-� State of Iowa, and City of Iowa ) City, Iowa, ) Defendants. ) NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. PETITION COMES NOW the Plaintiff, by and through its attorney, Nancy B. Willis, and for cause of action states as follows: 1. That the Plaintiff is an Iowa corporation, authorized to transact business as a banking institution under the laws of the State of Iowa, with its principal place of business at Hills, Johnson County, Iowa. 2. That the Defendant, Matthew J. Parizek, resides at 4440 Driftwood Lane SE, Iowa City, Iowa 52240, and is a resident of Johnson County, Iowa. 3. That on or about October 28, 1994, Defendant Matthew J. Parizek executed and delivered to Plaintiff a promissory note being in the original amount of $29,000.00 with interest provided therein, a copy of which note is marked Exhibit A • 1 .• and is attached hereto and by this reference incorporated herein. 4. That as security for the promissory note referred to in the preceding paragraph, Defendant Matthew J. Parizek made, executed and delivered to Plaintiff, a written mortgage. Said mortgage was recorded October 28, 1994, in Book 1830, Page 66, records of the Recorder of Johnson County, Iowa. Said mortgage covers the following described real estate: Lot 3 of Zahner Subdivision of part of Government Lot 1, Section 34, Township 79 North, Range 6 West of the 5th P.M. , according to the plat thereof recorded in Book 4, Page 423, Plat Records of Johnson County, Iowa. Also a permanent easement for ingress and egress over a lane 20 feet in width shown as "Access Road" on the plat referred to above, and also over a lane 20 feet in width extending west from the northwest corner of Lot 8 of said subdivision, and thence north to the north line of Government Lot 1, thence west to the County Road, all as shown on said plat. A copy of said mortgage is marked Exhibit B and is attached hereto and by this reference incorporated herein. 5. That Defendant Matthew J. Parizek is currently in default on the note referred to in Paragraph 3 for failing to make the payments due June 1, 1995, July 1, 1995 and August 1, 1995, each of which said monthly payments are in the amount of $330.75. 6. That the mortgage referred to in paragraph 4 above provides for the acceleration of the indebtedness in the event of default. 7. That on or about June 23, 1995, Plaintiff mailed to Defendant Matthew J. Parizek a Notice of Right to Cure Default, which letter also included information informing said Defendant of his right to mortgage counseling, a copy of which notice is marked Exhibit C and is attached hereto and by this reference incorporated herein. 8. That said Defendant has failed to cure his default. Attached hereto is Plaintiff's affidavit attesting to the same, marked Exhibit D and by this reference incorporated herein. 2 "^ T o 9. That attached hereto as Exhibit E is an affidavit of Plaintiff' s attorney concerning attorney's fees, which affidavit is by this reference incorporated herein. 10. That the above described real estate is non-agricultural land, -and is less than ten acres. 11. That four traffic violations have been entered against Matthew James - Parizek as follows: a) #NTHP650682, entered August 1, 1995, fine of $130.00 in favor of the State of Iowa, costs in the amount of $25.00 in favor of the State of Iowa; b) #STHP638349, entered June 28, 1995, fine of $19.50 in favor of the State of Iowa, costs in the amount of $15.00 in favor of the State of Iowa; c) #ICSTIC044577, entered April 20, 1995, fine of $27.00 in favor of the City of Iowa City, costs in the amount of $15.00 in favor of the State of Iowa; d) #ICSTIC046599, entered June 27, 1995, fine of $39.00 in favor of the City of Iowa City, costs in the amount of $15.00 in favor of the State of Iowa. That Defendants State of Iowa and the City of Iowa City, Iowa may claim an interest in the above described property by virtue of said traffic violation judgments. WHEREFORE, Plaintiff elects to accelerate the entire indebtedness on the note referred to in paragraph 3. Plaintiff prays for judgment in rem against the above described real estate in the following amount: principal in the amount of $28,867.25, plus accrued interest through August 18, 1995, in the amount of $719.31, plus interest accruing from August 18, 1995, at the rate of $6.73 per day. Plaintiff further prays for judgment for attorney fees, costs, accruing costs and advances. Plaintiff further prays that its mortgage recorded in Book 1830, Page 66 be 3 ua © G'7 r � established as a first purchase money mortgage against the above described real estate and be established as a first lien against said real estate, subject only to unpaid real estate taxes, and that all Defendants' rights in and to said real estate be forever barred and foreclosed (allowing, however, said Defendants the right to purchase the above described real estate at sale) . Plaintiff specifically waives its right to a deficiency judgment. Plaintiff prays that sale of the above described property will occur promptly after entry of judgment and that the purchaser at sale will be entitled to immediate possession of the above described property; no redemption being allowed to any Defendants. Plaintiff further prays for such other general and equitable relief as the Court deems just and reasonable. Dated this 2. 3 day of August, 1995. WILLIS & WILLIS 11 / , BY: 1 B. Willis 478-64-7260 P. O. Box 143 150 East Court Street, Suite 201 Iowa City, Iowa 52244 319-337-9621 ATTORNEYS FOR PLAINTIFF t'+ 4- :.il J r- rso ca crt4 • STATE OF IOWA SS: JOHNSON COUNTY I, John Benson, being first duly sworn, do upon oath depose and state that I am an officer of Hills Bank and Trust Company, Plaintiff in the above-entitled action, that as such officer I have read the foregoing petition and know the contents thereof and that the allegations contained therein are true and correct to the best of my knowledge and belief. J :son, Officer of Hills Bank and Trust Company Subscribed and sworn to before me by John Benson this 23 day of August, 1995. s(43)b( • rry c:., ; o. Notary blic in and for the State of Iowa LO C,! -:5 ". C CA,) 5 atthew J. Parizek NOTE 468 702 6 TDF C � __ � 4440 Driftwood Lane SE Iowa City, IA 52240 -\.-L% October 28, 1994 Iowa City Iowa 10.1.1 Ic+al (sl,,.) 4440 Driftwood Lane SE Iowa City Iowa 52240 !Property Addr...t 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received,I promise to pay U.S. S 29,000.00 (this amount is called "principal"), plus interest,to the order of the Lender. The Lender Is Hills Bank and Trust Company 131 Main St. Hills Iowa 52235 . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is Celled the"Note Holder." • 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 8.500%. Interest will be charged beginning on October 28, 1994 The interest rate required by this Section 2 is the rate I will pay both before and alter any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Scheduled Payments • I will pay principal and interest by making payments when scheduled: ® I will make 35 payments of $ 225.00 each on the 1st of each month beginning on December 1, 1994 . ❑ I will make payments as follows: In addition to the payments descrbed above,I will pay a"balloon payment"of$ 28,425.19 on November 1st 1997 .The Note Holder will deliver or mail to me notice prior to maturity that the balloon payment Is due.This notice will state the balloon payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note.My scheduled payments will be applied to interest before principal.If, on November 1, 1997 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date" I will make my scheduled payments at any location of Hills Bank and Trust Company or at a different place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment"When 1 make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there wilt be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees In writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected horn me which exceeded permitted limits will be re- funded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal,the reduction wilt be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any scheduled payment by the end of N/A calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be N/A % of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B) Default II I do not pay the full amount of each scheduled payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, '='7f(1/ r f the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I t� - owe on that amount. That date must be at least 30 days alter the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder t Even If, at a lime when I am in default,the Note Holder does not require me to pay immediately in full as described above, the Note 1 'Cf1d f Holder will still have the right to do so if I am in default at a later time. f J r �Gfifj :J (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohbited by applicable law. Those expenses include. for example,reasonable attorneys'fees. MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) Page I of 2 FSOIS.LMO(6/94) Exhibit A, page 1 499-752-e TDF • t. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Propeny Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(8)on page one of this Note or at a different address it I am given a notice of that different address, S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises+wade in this Note, including the promise to pay the full amount owed. Arty person who Is a guarantor, surety or endorser of thus'Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guaratator, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. • 9. WAIVERS and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amount due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result it I do not keep the promises which I make in this Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.Some of these conditions are described as follows: Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent, Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise Is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. BALLOON PAYMENT DISCLOSURE [Complete the balloon payment notice below if this Note provides for a balloon payment at Section 3(A) on page one of this Note.[ THIS LOAN IS PAYABLE IN FULL November 1. 1997 . I MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, WHICH MAY BE A LARGE PAYMENT. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. I WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR I WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, I MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAME LENDER. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. V 112/yeA- (Seal) dorra-•.MatttSew J. Parizek (Seal) Bcuowv (Seal) 9aro-•1 rt. , 1 r• t�t: • ISION ORIGINAL ONLY) • .q 11. c1 . t`.� ` • n c. Pas.2 al 2 F5015.010)6!w) Exhibit A, page 2 455402.5 TOF • FILED 'JO7. 2 Boo- N3. II 4T I0J 94 CCT 26 Pi' 3 2I c;r1 - (Spac.Aoav Tom Lin.For Recording Data] MORTGAGE THIS MORTGAGE("Security Instrument")is given on October 28, 1994 .The mortgagor it Matthew J. Parizek , a single person ("Borrower"' This Security Instrument is given to Hills Bank and Trust Company • which is organized and existing under the laws of the State of Iowa ,and whose address 131 Main Street Hills, Iowa 52235 ("Lender' Borrower owes Lender the principal sum of Twenty Nine Thousand and 00/100 Dollars (U.S.E 29,000.00 ).This debt is evidenced by Borrower's note dated the same da' as this Security Instrument ('Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable c November 1, 1997 .This Security Instrument secures to the Lender: (a)the repayment of the debt evidenced by the Not • with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with nterest, advanced and paragraph 7 to protect the security of this Security Instrument: and (c) the performance of Borrower's covenants and agreements under th Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following describe property located in Johnson County, Iowa: Lot 3 of Zahner Subdivision of part of Government Lot 1, Section 34, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Book 4, Page 423, Plat Records of Johnson County, Iowa. Also, a permanent easement for ingress and egress over a lane 20 feet in width shown as "Access Road" on the plat referred to above, and also over a lane 20 feet in width extending west from the northwest corner of Lot 8 of said subdivision, and thence north to the north line of Government Lot 1, thence west to the County Road, all as shown on said plat. which has the address of 4440 Driftwood Lane SE Iowa City is,...:; ]earl Iowa 52240 ('Property Address"); ]zip Comb! TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,appurtenances,and tortures now hereafter a part of the property. All replacements and additions snail also be covered by this Security Instrument. All of the foregoing referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is ]awfully seised of the estate hereby conveyed and has the right to mortgage, gr and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and defend generally the title to the Property against all claims and demands.subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when c the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance.Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Len on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or groL rents on the Property, if any; (c) yearly hazard or property insurance premiums; (0) yearly flood insurance premiums, if any; (e) ye. mortgage insurance premiums, if any; and(f)any sums payable by Borrower to Lender, in accordance with the provisions of paragraph B lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items.' Lender may, at any time, collect and t Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escr account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 2601 et s ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may,at any time,collect and hold fundr an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of correct data z. reasonable_estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity(including Lender Lender.is Such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender r not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, um Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may req:. earrower.tolpa)r.a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unl L i app)icable1„ dv provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be requ to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds. showing Credits and debits to the Fu: and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by Security Instrument. IOWA-Singe.Family-FNMA/FMLMC UNIFORM INSTRUMENT Form 301E 9/90 M F11389.LMO(0/931 Pay.1 of a Exhibit B, page 1 1b30 65 the Funds held by Lender excB9• '• Tounts permitted to be held by applicable ander shall account to Borrower for the • s Funds in accordance with the requie..ments of applicable law. If the amount of the —.ids held by Lender at any time is not • • ;tent to pay the Escrow Items when due, Lender may so notify Borrower in writng•and, in such case Borrower shall pay to Lender the aunt necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's ,le discretion. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 21, Lender shall acquire or sell the Property. Lender, prior to the acquisition or sale of the Property, Shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied: frst, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest • due;fourth,to principal due;and Last,to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property wtlich may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these -obligafc'ns in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment.Borrower shall promptly furnish to Lender all notices at amounts to be paid under this paragraph. If Borrower mak& the!te • payments directly, Borrower shall promptly furnish to Lender recapts evidencing the payments. Borrower shall promptly discharge any Flan which has priority over this Security Instrument unless Borrower. (a)agrees in eating to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b)contests in good faith the fen by. or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Or Property Insurance. Borrower shall keeo the improvements now existing Or hereafter erected on the Property insured against loss by fie, hazards included within the term *ex:ended coverage and err outer hazards,including floods or flooding, for which Lender requires insurance.This insurance shall be maintained in the amounts and for tine periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval wrath shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option, obtain, coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shalt be acceptable to Lancer and shall include a statrsaro mortgage clause. Lender Shall have the right to hold the polices and renewals. If Lander requires, Borrower shall promptly give b9, Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance Car'ar and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's securgy, is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a otter'.then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due.The 30• day period will begin when the notice is green. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secure:by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation Maintenance and Protection of Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to Occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent Shall not be unreasonably withheid,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, Is begun that in Lender's good faith judgement could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may care such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lancers good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan applcat,cn process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material informat.cn) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of me Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of theease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements Contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rignts in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court, paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain tine mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance ' ! reviously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not 'avhilable. Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance L 7 f ., croverage('n the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and I • 1 EY-Obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the iegiirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law, 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. F636g"lMO(2/s3) Pag.2 01 a Exhibit B , page 2 - 1 h30 r I 67 46a-702.6 TDF J. Condemnation.The procee � ".y award or claim for damages,direct or cot., „dial, in connection with any condemnation • .ter taking of any part of the Property,or'or conveyance in leu of condemnation,are hereby assigned and shall be paid to Lender. - - In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or then due,with any excess paid to Borrower.In the event of a partial taking of the Property in which the far market value of the Property ,mediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the ;taking unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following traction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the far market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of partial taking of the property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not A Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrowers or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, want and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument; and(c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges Collected or to be collected in connection with the loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces • principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method-The notice shall be directed to the Property Address or any Other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severaoie. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lencer may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to ire earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those Conditions are that Borrower: (a) pays Lender all sums which tnen would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument spall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the "Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes Of the Loan Servicer unrelated to a sale of the Note. If there is a mange of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above apo applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to De appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual •I knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of v J j �- . any Hazardous substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. c63e9.LM0(2/93) Page 3 or 4 Exhibit B , page 3 •= 183U 'tri 68 ret-702-e TOF • used in this paragraph 20, "h!,•:..,,,-s Substances' are those substances de,_._,ntra toxic or hazardous substances by • .omental Law and the following substances:gasoline, kerosene, other flammable or toxic _etroleum products, toxic pesticiees and • a . tides, volatile solvents. materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph "Env'rormental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to heaith, .ety or environmental protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security.Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default. (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure byudicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be • entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without • charge to Borrower. 23. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. • 24. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waves any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. Tne provisions of this paragraph 24 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 25. Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated inro and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)ware a part of this Security Instrument. [Check applicable box(es)] • ❑Adjustable Rate Rider ❑Condominium Rider 01.4 Family Rider ❑Graduated Payment Rider ❑Planned Unit Development Rider ❑Biweekly Payment Rider ❑Balloon Rider ❑Rate Improvement Rider ❑Second Home Rider 0 Other(s) [specify) I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAYvtS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE. I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGE PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. al Mat hew J. Parizek / BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and M any rider(s) executed by Borrower and recorded with it. The undersigned borrower(s)acknowledge(s)receipt at a copy Of this instrument. Witnesses: �,.r r / •p %�Ci'9/id � ( i (Seal) Borrow' Matthew J. Part'zek (Seal) Bari ower 15:4,5 B'ow T-r I. Fon A:,nowledgmsntl STATE OF IOWA ss: COUNTY OF Johnson On this 28th day of October , 1994 ,before me,a Notary Public in the Stale of Iowa, personally appeared: Matthew J. Parizek , a single person to me personally known to be the person(s)named in and who executed the foregoing instrument,and acknowledged that he executed the same as his voluntary act and deed. My commission expires: 10/31/97 .� Notary Public in and for said County and State Tim D. Finer 1�r flier .' f .11 ! t.t !Space Deow This Line RH1,0a0 For Lana'and Recorder I < :c Id fie NOTARIAL SEAL t a a F63$9.1M0 12/951 Page a of• Exhibit B, page 4 .:• 1 830 ..:Ci 69 466.702.6 TDF Hills Bank and Trust Company Main Bank, Hills, Iowa • 3:9-679-2291 June 23 , 1995 -COLLECTION DIVISION- Matthew Parizek 4440 Driftwood Lane SE Iowa City, IA 52240 NOTICE OF RIGHT TO CURE DEFAULT (Sent Certified and Regular Mail) Dear Mr. Parizek: This letter provides notice of your right to cure the default under a promissory note dated October 28, 1994, with a current principal balance of $28, 867 . 25, that is secured by a real estate mortgage on the property at: (See Attached Legal Description) . This default consists of the failure to make the following payments: Due June 1, 1995 $330 .75 You have the right to cure this default by July 28, 1995. You can cure this default by bringing the payments current on this loan. To do so, you must pay the Total Amount Due of $330. 75 , plus the next regularly scheduled payment of $330. 75 due July 1 , 1995, for a grand total of $661. 50. Payment can be made to any of our offices in Iowa City, Coralville, North Liberty or Hills. This letter is notice to you that Hills Bank requires you to bring this loan current by July 28 , 1995. If you do not, Hills Bank can then proceed to enforce its right to foreclose on the mortgage covering this property. Enclosed for your reference is a copy of Iowa Code section 654 . 2D (see subsections 3 through 7) which sets forth your right to cure. We recommend you contact your attorney. Iowa law may give you the right to counseling services . Here are a list of local agencies you can contact: A.I.D. Center Hawkeye Area Community Action 206 6th Street 1300 South Gilbert Street Sioux City, IA 51101 Iowa City, IA 52240 Dept. of Community Development Hawkeye Area Community Action 226 West 4th Street 5560 6th Street SW Davenport, IA 52801 Cedar Rapids, IA 52406 Sincerely, n enson Second Vice President • Exhibit. C, page 1 • 131 Main Street, Hills, Iowa 52235,319-679-2291 • 1401 South Gilbert Street. Iowa City, Iowa 52240.31i-338-1277 • 1009 2nd Street, Coralville, Iowa 52241,319-351-8000 • Highway 965, North Liberty. Iowa 52317. 319-626-22E" • 132 E.Washington Street, Iowa City. Iowa 52240.319-351-3337 z!)l VI t - . • • FILED ?O. I�✓ 914 OCT 23 NI 3: 21 R=1 .Y - IS?ace Azov. Thi. Line For Recording Dual MORTGAGE THIS MORTGAGE ("Security Instrument") is given on October 28, 1994 . me mortgagor is Matthew J. Parizek , a single person ("Borrower"). This Security Instrument is given to Hills Bank and Trust Company which is organized and existing under the laws of the State of Iowa , and v--.:se address is 131 Main Street Hills, Iowa 52235 ("Lender")_ Borrower owes Lender the principal sum of Twenty Nine Thousand and 00/100 Dollars (U.S. $ 29,000.00 ). This debt is evidenced by Borrower's note date: tre same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due a-.: payable on November 1, 1997 . This Security Instrument secures to the Lender: (a) the repayment of the debt evidence: by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, a:-tasted under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agree-.er is under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the fc•;cwrg described property located in Johnson County, Iowa: Lot 3 of Zahner Subdivision of part of Government Lot 1, Section 34, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Book 4, Page 423, Plat Records of Johnson County, Iowa. Also, a permanent easement for ingress and egress over a lane 20 feet in width shown as "Access Road" on the plat referred to above, and also over a lane 20 feet in width extending west from the northwest corner of Lot 8 of said subdivision, and thence north to the north line of Government Lot 1, thence west to the County Road, all as shown on said plat. • Exhibit C, page 2 which has the address of 4440 Driftwood Lane SE Iowa Citc'i (Stre.:l Ic.:ri Iowa 52240 ("Property Address"); 5 Izio Cod.l TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appuranances, an: rx:_res now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. ATtxf :'e f;regcing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has tfte right ',td -: .,ate, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.' Borrower_ wa-a-:s and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. -.r THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limiter :a.a:icns by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pa. 'A nen due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shat :a+ to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yea :axes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payrre-:s cr ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if _-v: (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions c: :c agraph 8. in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, :: e:: and hold • __.._. a I. n •pr.in% T,.,,„ lonr,or fnr forlarally related mortaace loan may require for E_-:.+er's escrow r (- I e ire ., GAGES 4-10 1 pep F • which is subject to chp and w l f p'°- ��654A hick is 1 g. An affidavit signed ban°-:e:,;:the _-e_;;,: . subject to a debt of twenty thousand dollars or more i t`}t the creditor has complied nigh this section is • • . 1 under the deed of trust or mortgage unless the i ke—ed to be conclusive evidence cf c:-::lance b•: • person receives a mediation release under section t 111 persons other than the creditor an: :ne :or:- 654A.Z1,or unless the court determines after notice i psm • and hearing that the time delay required for the t 57 Pits,ch 142, §14 • mediation would cause the person to suffer irrepara. ; • • ble harm.Title to land that is agricultural property j 634.3 Venue, is not affected by the failure of any creditor to receive I An action for the foreclosure of a mortgage of real a mediation release, regardless of its validity. roperty, or for the sale thereof under an e:cum• E6 Acts,ch 1214, §12; 87 Acts, ch 73, §1 wee or charge thereon, shall be 1::::rh: in the ?ep..tte as July I,1959:leFulati.e iin dings::5 Acts.ch I2li.51.27 I c•+0.1ty in which the property to be , :_oC?''t thereof, is situated. - 654.2D Nonagricultural land — notice, right I to cure default. (c73 §2675; C97, §3493; C24. •:•f•• 3: 1. Except as provided in sec.ion 634.2 ,a f 12374;C46,50,54,55,62,66,7', 7C, 7c,- E,, ' creditor ' shall comply with this section before initiating an '3) • action pursuant to this chapter or initiating the procedure established pursuant to chapter 655A to • �65i'4 Separate suits on note and r_c-;a,=e. procedu en ta deed e;trust or tomor chap. if separate actions are broughtin the same :runty 2. A creditor who believes intga faith that a • io the bond or note, and on the r;r:_a__ :::e n to etocure it,the plaintiffmust elect w;_i:=tc::-=—ute borrower on a deed of trust or mortgage on a home. stead is in default shall give the borrower a notice of lbeotirer will be discontinued at the =ia�-•=—:-^s:. is to i re ll �t' 6- 2 .IC51,§2086;R60, 3663;C73 §332;; •2: rightir, section 54. 5. A credi• § C=_ - -6, tor gives the notice when the creditor delivers the 71, 27,31,35, 39, §12375; C:5, 5'1,; , Zi. i.:, c"6, notice to the consumer or mails the notice to the 1�73,75,77,?9,81, §654.4) lm..so amain judo..spa prohibited.a ES borrower's residence as defined in section 537.1201, 7dat.dpevwieo,§611,3 • subsection 4. ' 3. The borrower has a right to cure the default • .5 Judgment— sale and rete nn::::. within thirty dans from Cn2 date the creditor es linen a mortgage or deed of trust is f_.:_.. -: he . the notice. �� CCt shall render judgment for the - — :. c The creditor shall not accelerate the matu• i`"d to be due, and must direct the r:— • rimy of the unpaid balance of the obligation,demand forty, or so much thereof as ismer st a-:.:• :e or otherwise take possession of the lard, otherwise tldtosatisfy the judgment,with interest z-: .-__. • than by accepting a voluntary ,.,._neer of it, or ll undo execution snail issue accarcing: � :=e 7.p:- otherwise attempt to enforce the obligation until ale under the specialelecutionis -e-_ to;:e spirt. da s 2fter a -oiler rctice e;r ' ` to cure is bn in cases of sale under g e ?q:_::=n .4right plaintiff elected o. Until the expiration of tai::: days arson notice Ildelption under section 654.20.ci,• INJ is given, the borrower may cure the default by 1,§2084;R60, §3061;C73, 1.1.32:: _ 04,?'�3I,35, 39 ten.._.:-- ei.:er the amount of all unpaid install. §13376; C'S, v -. _ . X73 7 7 79, SI, §6 -i r:?-.5 Cue a: the timecf tender, :y:•-c,_ accele:3 ,_ yJ' 1.2 7J4.o f-- t:c:, o the a.::Cunt sta:ed in the :ice ci right to C7 s , § �J cure. whichever less, or by tendering ao,eh 623 :;. ` performance n :=a- to cure a defa_:: which is �{b Deficiency—general cu v erre cesc:::ec in the notice of right to cure. •l'Le mortgaged prCce:.: does ret s=� The act of curing a default restores to the �Ct to satisfy the execution, agenera:• n .:....7.- 5. _ borrower the borrower's rights under the obligation ?a7.b: issued against the mortgagor, -•'__-. _.. and :he deed - mortgage. k' _..._-- ...: 6. Thiscf trust or •tet have stipulated otherwise. ' section does not prohibit the creditor froom .'ter, a deficient.judgment or genera? enforcing the creditor's interest inthe land at anyPremised upon the deficiency time after the creditor has complied •�.::.h this sec. .rt the i e'rot-c. .__ :_ tion and the borrower did act c.`-_ the alleged 771.199 mortgagor shall not to an_nl :e3_.a __... �- 0--The r Iii all of the following za default. 1.!-.7-1,ae mortgaged property is ag..cu?___. ._n_. I 7. A borrower has aright to cure the defaulte mortgagoractively t , was acts ely engage- in • — unless the c:eci:or has given the be-ower a proper �tue air iculturaI landupon the c - __ notice of right to Cure with resae- to a _cr default r`'•On which i in a d -•_..- . :,,,• .c.; resu.t2d 2tic:2_c: ••a.....: which occurred within three hundred sir' ;ve C3y5 tee action 'o -_ _ was for the fore:!os•�e ofa .__. c cfthe -resent default. the a S. _ :: `on grit•lltu al land or for the e=:::_• 1 section does not apply if the creditor is 311 �;_ an obligation secured by a first atc:;za :: c individual or individuals, or if the mortgage' Prop' ,4-rnoulhual land. s ertv is property other than a one-family or too' ..fie first mortgage secures a loan obi'ga: _:. family dwelling which is the residence cf the mor' - .1 condition for the making of the lean t gagor. .:.fie borrower pun:n ase or ownstcc f in ::.e c: =• Exhibit C, page 3 • ► IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY Hills Bank and Trust Company, ) (42-0310580) ) EQUITY NO. Plaintiff, ) AFFIDAVIT v. ) Matthew J. Parizek (480-94-8142) , ) State of Iowa, and City of Iowa ) City, Iowa, ) Defendants. ) The undersigned, being first duly sworn on oath deposes and states as follows: 1. That he is an officer of the Plaintiff-Creditor. 2. That all provisions concerning a notice of right to cure have been complied with, pursuant to section 654.2D, Code of Iowa (1995) . 3. That Defendant-Borrower failed to cure his default within 30 days after notice of right to cure was given. 4. As of this date said default has still not been cured for the payments due June 1, 1995, and all subsequent monthly payments due. Dated August 23 , 1995. ? f-t ohn Benson Subscribed and sworn to before me this Z3 day of August, 1995. °'`''r :7 n•t" `'�? Notary PubQic in a for the State of Iowa LI : !d tP� Ji1VS5 it * aj Exhibit D IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY Hills Bank and Trust Company, ) (42-0310580) ) EQUITY NO. Plaintiff, ) AFFIDAVIT OF PLAINTIFF'S v. ) ATTORNEY FOR ATTORNEY FEES Matthew J. Parizek (480-94-8142) , ) State of Iowa, and City of Iowa ) City, Iowa, ) 1 Defendants. ) STATE OF IOWA SS: JOHNSON COUNTY I, Nancy B. Willis, being first duly sworn, do depose and state that I am an attorney of record for the Plaintiff in the above entitled action and that the fee claimed herein is for services actually rendered in this cause. That there is no contract, agreement, or arrangement, either oral or written, express or implied, between myself and my client, or between myself and any other person, contemplating any division of compensation for services rendered in the above entitled proceedings except (if shown by these proceedings) other legal counsel in a regular bonafide law partnership with or associated with the undersigned in the above entitled matter, or jointly serving with her as attorney, in relation to this cause. That the Defendant, Matthew J. Parizek had information of the whereabouts of the note sued upon, and reasonable opportunity to pay the same before the suit was brought herein. WILLIS & WILLIS � , Ct7 Nanc Willis s t P. O. Box 143 c-._ IN)r -� � 150 East Court Street, Suite 201 Iowa City, Iowa 52244 ryel V STATE OF IOWA ) co, SS: co JOHNSON COUNTY ) Subscribed and sworn to before me this 73 day of August, 1995. C ., 4. ti.(114:11 Notary Publ. in and for the State of Iowa 7,�� ' ""' ":- '1 D!.'�'l;!LIS r� f; M. :U'V..ION EXPIRES • Exhibit E END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY STEVEN J. JAEGER, 479-88-0781, and ) TINA M. JAEGER, 482-96-4709, ) NO. 5 702 PLAINTIFFS, ) ) ORIGINAL NOTICE vs. ) C.31 EDWIN C. McMARTIN, Individually ) 'c.-- and as a police officer of the City of ) c' Iowa City, IOWA and the CITY of ) co IOWA CITY, IOWA, ) -0 DEFENDANTS. ) 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 at Law in the above-entitled action, a copy of which Petition at Law and Jury Demand is attached hereto. The Petitioners' attorney is Davis L. Foster, 703 S. Clinton Street, P.O. Box 720, Iowa City, Iowa 52244-0720, (319) 339-7727. You are further notified that unless you appear thereto and defend in the Iowa District Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa, within twenty (20) days after the service of this Original Notice upon you, judgment by default will be ren- dered against you for the relief demanded in the Petition at Law and Jury Demand. (Seal) EDWARD F. STEINBRECH CLERK O THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa 52240 NOTE: Persons named as Defendants are told to "appear thereto and defend." These words are not always understood. The required appearance may be made either by the Defendants or by Defendants' attorneys. IT IS NECESSARY TO SERVE AND FILE A SPECIAL AP- PEARANCE, MOTION OR PLEADING TO PREVENT A DEFAULT (Rule 87). The attor- neys who are expected to appear for the Defendants should be promptly advised by Defendants of the service of this notice. '(,( IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY '`'�r `s, STEVEN J. JAEGER, 479-88-0781, and ), TINA M. JAEGER, 482-96-4709, ) ) NO. ; ;r;',` 'r 4 PLAINTIFFS, ) ;y tj;,4,7 ) PETITION AT LAW r ;' vs. ) � ) EDWIN C. McMARTIN, Individually ) and as a police officer of the City of ) Iowa City, IOWA and the CITY of ) IOWA CITY, IOWA, ) ) DEFENDANTS. ) * * * * * C) COMES NOW Plaintiff, Steven J. Jaeger, and for cause of action against.tbe Degn- dants states as follows: ` PREAMBLE 1. Steven J. Jaeger is an individual residing in Johnson County, Iowa. 2. Tina M. Jaeger is an individual residing Johnson County, Iowa. 3. Steven J. Jaeger and Tina M. Jaeger are married. 4. Edwin C. McMartin (hereinafter McMartin) is an individual residing in Johnson County, Iowa. 5. The City of Iowa City (hereinafter Iowa City) is an Iowa municipality located in Johnson County, Iowa. 6. On or about November 20, 1993, McMartin was a member of the Iowa City Police Department. 7. On or about November 20, 1993, McMartin, in the course of his duties as a •• 2 police officer, was on patrol in a squad car near the intersection of Linn Street and Court Street. 8. At or near this location McMartin came into contact with Steve and Tina Jaeger. 9. McMartin suspected that Steven Jaeger possessed an open container of alcohol. 10. After brief questioning, McMartin pursued, confronted, and forced Steven Jaeger to the ground. In the process of forcing Steven Jaeger to the ground, McMartin used several modes of physical force. 11. Tina Jaeger was located near the scene of McMartin's attack on Steve Jaeger and contemporaneously observed it. 12. Steven Jaeger suffered personal injuries and incurred medical expenses as well as other miscellaneous damages as a result of his injuries. DIVISION I COMES NOW Plaintiff, Steven J. Jaeger, and for cause of action under 42 U.S.C. § 1983 against Edwin C. McMartin, individually and as a Police Officer of the City of Iowa City, states as follows: 1. Plaintiff repleads paragraphs 1 through 12 of the Preamble as if set out in full herein. 2. McMartin violated Steven Jaeger's civil rights protected by the Constitution and laws of the United States by using excessive force against Steven Jaeger in the course of arrest. C) 3. McMartin, at all relevant times, acted under color of State Law. =''--- '' J 3 4. McMartin's conduct actually and proximately caused Steven Jaeger to suffer personal injury. 5. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 3. 6. McMartin acted in willful and wonton disregard for the rights and safety of Steven Jaeger. These actions actually caused Steven Jaeger damage. WHEREFORE, Plaintiff, Steven J. Jaeger requests judgment against the Defendant, Edwin C. McMartin, Individually and as a Police Officer of Iowa City, for actual damages in an amount to be determined by the trier of facts, plus interest at the maximum rate allowed by law, for the costs of this action, for attorney fees pursuant to 42 U.S.C. § 1988, and for puni- tive damages. DIVISION II COMES NOW Plaintiff, Steven J. Jaeger, and for cause of action under 42 U.S.C. § 1983 against Defendant, City of Iowa City, Iowa, states as follows: 1. Plaintiff repleads paragraphs 1 through 12 of the Preamble as if set out full ' herein. 2. Defendant Iowa City violated Steven Jaeger's civil right to be free from excessive force, protected by the Constitution and Laws of the United States by failing to adequately train and supervise McMartin in the course of his employment as a Police Officer. r, r- , 3. Iowa City, at all relevant times, acted under color of State Law. , , co ,', .. -0 - Cp) • 4 4. Iowa City's conduct proximately caused the actions that resulted in Steven Jaeger's injuries. 5. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 3. WHEREFORE, Plaintiff, Steven J. Jaeger, requests judgment against the Defendant, City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of facts, plus interest at the maximum rate allowed by law, for the costs of this action, and for attorney fees pursuant to 42 U.S.C. § 1988. DIVISION III COMES NOW Plaintiff, Steven J. Jaeger, and for cause of action against the Defen- dants, Edwin C. McMartin, individually and as a Police Officer of Iowa City, and the City of Iowa City, Iowa states as follows: 1. Plaintiff repleads paragraphs 1 through 12 of the Preamble as if set out in full herein. 2. McMartin assaulted Steven Jaeger when he confronted Steven Jaeger in that McMartin's words and actions put Steven Jaeger in fear of physical pain or injury. 3. McMartin battered Steven Jaeger in that McMartin repeatedly used physical force to inflict blows upon Steven Jaeger's body. Such acts were done with the purpose and intent to cause physical pain and injury. u, Q �sNra d 5 4. Iowa City is legally responsible for the actions of the members of its police force including McMartin. 5. As a proximate result of the Defendants' actions, Steven Jaeger sustained injuries. 6. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 3. WHEREFORE Plaintiff, Steven J. Jaeger, requests judgment against the Defendants, Edwin C. McMartin, individually and as a Police Officer of Iowa City, and the City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of facts, plus inter- est at the maximum rate allowed by law, and for the costs of this action. DIVISION IV COMES NOW Plaintiff, Tina M. Jaeger, and for cause of action against Edwin C. McMartin, individually and as a Police Officer of the City of Iowa City, and the City of Iowa City, Iowa, states as follows: 1. Plaintiff repleads paragraphs 1 through 12 of the Preamble as if set out in full herein. 2. During the course of Tina Jaeger's sensory and contemporaneous observance of McMartin's attack on her husband, Steven Jaeger, she reasonably and actually believed that Steven Jaeger would be seriously injured or killed. ur o � 3. Tina Jaeger's observance of McMartin's attack on her husband caul herE- ao r•- i :- , serious emotional distress. 6 4. Iowa City is legally responsible for the actions of the members of its police force including McMartin. 5. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 3. WHEREFORE, Plaintiff, Tina M. Jaeger requests judgment against the Defendants, Edwin C. McMartin, individually and as a Police Officer of Iowa City, and the City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of facts, plus inter- est at the maximum rate allowed by law, and for the costs of this action. DIVISION V COME NOW Plaintiffs, Steven J. Jaeger and Tina M. Jaeger, and for cause of action against Edwin C. McMartin, individually and as a Police Officer of the City of Iowa City, and the City of Iowa City, Iowa, state as follows: 1. Plaintiffs replead paragraphs 1 through 12 of the Preamble as if set out in full herein. 2. McMartin's attack of Steven Jaeger is outrageous conduct. 3. McMartin acted with the intent of causing or in reckless disregard of the probability of causing severe emotional distress. 4. Steven and Tina individually suffered severe emotional distress. Said emotional distress was proximately caused by McMartin's outrageous conduct-6- 5. 611 Iowa City is legally responsible for the actions of the members of its polid5 ..r force including McMartin. "„ 7 6. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 3. WHEREFORE, Plaintiffs, Steven J. Jaeger and Tina M. Jaeger request judgment against the Defendants, Edwin C. McMartin, individually and as a Police Officer of Iowa City, and the City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of facts, plus interest at the maximum rate allowed by law, and for the costs of this action. FOSTER LAW OFFICE By: eAPI Davis L. Foster 000001608 / By: /�aPi.: L D. .g .s D. Dag_;%r 1 x4014787 7[1 . Clinton Street P.O. Box 720 Iowa City, IA 52244-0720 (319) 339-7727 Attorneys for Plaintiffs v:12a0468.1tg do C-41 CD ce c co o :: w IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNT 4,,its STEVEN J. JAEGER, 479-88-0781, and ) /7r• A TINA M. JAEGER, 482-96-4709 ) /�, ) NO. 51v70? 'c4 0 PLAINTIFFS, ) /r�'u7- JURY DEMAND /rye. vs ) EDWIN C. McMARTIN, Individually ) and as a police officer of the City of ) Iowa City, IOWA and the CITY of ) IOWA CITY, IOWA, ) ) DEFENDANTS. ) COMES NOW Plaintiffs and hereby demands a trial by jury of all fact issues in this case. DATED this WA day of August, 1995. FOSTER LAW OFFICE By: ob,crio Alow Davis L. Foster 000001608 By: Adk / ,/"!,1//r Door D. Dag o,r 000014787 70 . Clinton Street P.O. Box 720 Iowa City, IA 52244-0720 (319) 339-7727 Ul Attorneys for Plaintiffs 5 : END OF CASE FILE 1 ' J&J ,) , SC-1 IN THE IOWA DISTRICT COURT FOR Sotiosoh COUNTY Frank/ivy tehscilvil (Small Claims Division) P.,.mIt(sh Nome) Ac x 311 • (Adores+ Fir I 7rfbevi, 'ew4t SZb2-7fin, ORIGINAL NOTICE (Nome, ;ICI U l 19, (Action for Money Judgment) (Adorns) JaJrcf..,t: rvZ,y — V5. .iih:'aCi„I,. _ "' No. 61--9.:.: ECA t l Small Claim _ `5Pi" frtf4E l jk Leli S lies i; I 9 . s✓ t (Htendom�): (NeT Qn Date Filed /Z-4�4� U' = n — rl(,{,1 eta al's r'/Yc° Apt, o — : r Art, 0 c, •., coo LLl/ E. LJasif i Ki het (Name) 5z z.Ory u �, (Adorns) HC . Q r•^ >.,-r C..) TO THE ABOVE NAMED DEFENDANT(S): t� YOU ARE HEREBY NOTIFIED that the plaintiff(s) demand(s) from you the amount of $ cc)CCC. 00 plus costs, I based on ZP1-'t111 t t1/ IS ASS tc7' pie/itli;It S p-ec '- I p o " 6111)C.14 km' beetl kept by (h t1rDk t I 's rc .^l� 0)1)4,4 .4'CU4 /C" Ct^1vrvirt iala/kf'5 .- See aiiiccect exdllbit& . II l I UNLESS YOU APP AR b<' completing and fi ing the attached appearance and answer form with the clerk of the court 1 at the Courthouse in 4 yL e. Iowa 52.2-4V , within 20 days after service of this original notice upon you, judgment shall be rendered against you upon plaintiff's claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer on or before the date specified, you will then receive notification from the clerk's office of the place and time assigned for hearing. Judgment Entry x ✓ �i, .4d .d"""'/P Plaintiff(s) JUDGMENT ENTRY IT IS HEREBY ORDERED THAT JUDGMENT BE ENTERED AGAINST THE DEFENDANT(S) Plaintiff(s) in the amount of $ with interest at the rate of % from the_. day of , A. D., 19 , and Attorney Fees in the amount of $ plus court costs in the amount of $ • IT IS FURTHER ORDERED that the foregoing judgment be paid at the rote of $ per (month) (week) . Dated this day of A. D., 19 NOTICE OF APPEAL VMO l 'i'..i-ti 7 VMO 1 given this day of , 19 . (IiU nr .z ,,d 03 330 seMognhote) (Clerk) (Clerk'sOi gn..) II (Mogrstrate) (County) 11 LT ` '(. rJ I S . t a - _ - - raaa- a as aaaraar a-a a- — • iT its. - -- - - amu. ss • APPEARANCE AND ANSWER OF DEFENDANT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY, IOWA Plaintiff(s) j (Name) (Address) I " (Name) (Address) " 4 VS. APPEARANCE AND ANSWER OF DEFENDANT II Defendant (s) » (Name) Small Claim No » „ Date Filed 4 h ( Address) N M • M (Name) 4 K M M M p (Address) 4 II r w M Phone Number: 4 M A F M wM VA1o1 'Alla V/AU! P I HEREBY enter my appearance and deny the claim of plaintiffs). \. 13 rk U 1 Je. Defendant 8E..`Z.. d...O J�j.ia S6 By 1 IA Attomey for Defendant " KOCH BIIOTIERB,OES MOINES C-0.3D-W XSIA a-a a-a-a a- -a-as a as -a a a a-r - — -- - ----s-S --------------'----- -- -- 'a-s-a a-sa-a-az -- — -- I eeee z_e eee ees:ee ie. a-ewes ce — — — - - - .: _ e ALM .K es,s1 f • Io . I 11 �.i EDWARD F. STI.INBRECII JOHNSON COUNTY CLERK OF DISTRICT COURT IF YOU WISH TO HAVE A HEARING BEFORE A MAGISTRATE ON THIS SMALL CLAIM TO ARGUE YOUR CASE , THEN FILL OUT THE ATTACHED APPEARANCE AND ANSWER OF DEFENDANT FORM AND RETURN IT TO OUR OFFICE WITHIN THE AMOUNT OF TIME INDICATED ON THE ATTACHED ORIGINAL NOTICE . OUR OFFICE IS LOCATED AT 417 SOUTH CLINTON STREET IN IOWA CITY , IOWA . IF YOU WISH TO MAIL YOUR APPEARANCE AND ANSWER FORM TO OUR OFFICE SO THAT WE RECEIVE IT WITHIN THE TIME INDICATED ON THE ORIGINAL NOTICE , OUR MAILING ADDRESS IS : SMALL CLAIMS CLERK P . O. BOX 2510 IOWA CITY IOWA 52244-2510 IF YOU WISH TO SETTLE THIS SMALL CLAIM , PLEASE CONTACT THE PLAINTIFF , OR THEIR ATTORNEY , AS SOON AS POSSIBLE SO THAT A SETTLEMENT CAN BE REACHED BEFORE THE TIME INDICATED ON THE ORIGINAL NOTICE AND THAT THE PLAINTIFF WILL FILE A DISMISSAL SHOWING THAT SETTLEMENT HAS BEEN REACHED . IF YOU HAVE ANY QUESTIONS PLEASE CALL OUR OFFICE AT : (319) 356-6060 Extension 5 BETWEEN THE HOURS OF 8AM AND 4 : 30PM MONDAY THROUGH FRIDAY , EXCEPT HOLIDAYS . PLEASE NOTICE : We will notify you by ordinary mail of the date and time of the hearing . We will mail this notice to you at the address you indicate for yourself on the Appearance and Answer of Defendant form . So please list a proper mailing address on this form . Also , please list a phone number that you can be reached at during our office hours . tlM01 Jlll3 VMOl M3-13 A113 TAKE NOTICE AND GOVERN YOURSELF ACCORDINGVD :Z d OZ 330 S6 SMALL CLAIMS DEPARTMENT .._�'� JOHNSON COUNTY , IOWAj :. P.O. BOX 2510 / IOWA CITY, IOWA 52244 END OF CASE FILE P to c w _ _ i ra J IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY LESTER AND MARY FRANCES ) �; KEMPF TRUST, ) NO. CD Plaintiff, ) vs. ) NOTICE OF APPEAL OF CITY OF IOWA CITY, IOWA, and ) CONDEMNATION AWARD JOHNSON COUNTY, IOWA, ) Defendants. ) TO: City of Iowa City, Iowa; Johnson County, Iowa; and Sheriff of Johnson County, Iowa YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the above-named Plaintiff, Lester and Mary Frances Kempf Trust, does hereby appeal from the acts of the Compensation Commission and its report entered on September 7 , 1995, including the amount of damages. A copy of the Notice of Appraisement of Damages and Time for Appeal is attached hereto as Exhibit "A" and by this reference made a part hereof. YOU AND EACH OF YOU ARE FURTHER HEREBY NOTIFIED that Plaintiff will file a petition as prescribed by the provisions of Iowa Code Chapter 6B and that this appeal is to the Iowa District Court in and for Johnson County and will come on for hearing pursuant to the rules prescribed by said District Court. Dated this 2-47 -- day of September, 1995. MEARPSN, SUEPP L, DOWNER & HAYES P.L.C. 40007 Wi liar F . ea :on 000003619 122 So th 1n Street Iowa •ity,rIowa 52240 Telephone: 319/338-9222 ATTORNEYS FOR PLAINTIFF •w . Johnson County, Iowa Condemnation Form 8 In the Matter of the Condemnation ) LaCri -of Certain Rights in Land by the ) r-, Cr City of Iowa City, Iowa, for a ) NOTICE OF �`-'o -61 Project Located in Johnson County, ) APPRAISEMENT OF �, .;;:. Iowa, Known as: 1 DAMAGES AND TIME _ FOR'APP=EAL 7`' _eachate Co.:�eyance SystE,n Project ) 11 _:. G ' -- Kempf Trust Parcel. ) �- CD TO: Kempf Trust c/o Lester and Mary Kempf; City of Iowa City, Iowa Land & Consequential Total Award Atty's Fees Improvement Damages and Costs Kempf Trust 5 5,000.00 5 725.00 5 5,725.00 5 5 5 I 15 5 I $ 5 5 $ . S i5 $ $ $ $ 5 $ $ $ 15 $ $ $ $ $ $ 5 I5 $ $ 15 I $ $ 1 $ 5 I $ S. -- _. a 5 I $ You and each of you are hereby notified that the duly appointed and qualified commissioners assessed and appraised the damages sustained by reason of the condemnation as set out above, and that pursuant to the Code of Iowa, you may within thirty (30) days from the date of mailing this Notice, appeal to the District Court as by law provided. EXHIBIT "A" I, the undersigned, Sheriff of Johnson County, Iowa, hereby endorse and certify that I have mailed by ordinary mail on this 7th day of September , 1995, a true copy of this Notice of Appraisement of Damages and Time for Appeal to the person whose name and address appears above. `his 7th gay c September 1995 134)610114: ROBERT CARPENTER Sheriff of Johnson County, Iowa condemn\farm.B lD V7 C—% {.sH 53 END OF CASE FILE TOE IOWA STATE BAR ASSOCIATION John D. Cruise,Attorney-at-Law FOR THE LEGAL EFFECT OF THE USE OF Official form No.301 01 083 Barker, Cruise,Kennedy&Houghton THIS FORM,CONSULT YOUR LAWYER STAN. PT=T " THE IOWA DISTRICT COURT JJcI ASCO JOHNSON COUNTY DEAN G. OAKES and LAW El EVELYN M. OAKES, EQUITY ® No. Plaintiff(s), VS. IOWA CITY BOARD OF REVIEW and CITY OF IOWA to CITY, IOWA, ORIGINAL NOTICE L Defendant(s). rsa 1 I .7 TO THE ABOVE-NAMED DEFENDANT(S): 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 name(s) and address(es) of the plaintiff's(s') attorney(s) is (are) John D. Cruise, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, Iowa 52244 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. STEINBRECH (SEAL) (Ai CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City , Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. CG : GA CM, ) (et The Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE CALFS Release 3.0 6/94 Revised January, 1991 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DEAN G. OAKES 482-48-6069 ) and EVELYN M. OAKES, ) EQUITY NO. 56614 PLAINTIFF, ) ) PETITION %? .; ) -� " VS. 1 v: IOWA CITY BOARD OF REVIEW ) ?, and CITY OF IOWA CITY, IOWA, ) DEFENDANTS. ) ¢ * * * COMES NOW the undersigned attorney for the Plaintiffs, Dean G. Oakes and Evelyn M. Oakes, and for cause of action against the Defendants Iowa City Board of Review and City of Iowa City, Iowa, states as follows: 1. Plaintiffs are individuals residing in Johnson County, Iowa. 2 . Defendant Iowa City Board of Review is a governmental body organized pursuant to Iowa Code Section 441. 31 (1993) , and is a part of the City Government of Iowa City, Iowa. 3 . The City of Iowa City, Iowa, is an Iowa Municipal Cor- poration located in Johnson County, Iowa. 4 . On or about April 1, 1995, the Iowa City Assessor en- tered an assessment for property owned by Plaintiffs located at 103 East College Street, Iowa City, Johnson County, Iowa. The total amount of the assessment was $800, 920. 00. 5 . Pursuant to Section 441. 37 of the Iowa Code (1993) , Plaintiff protested the assessment to the Iowa City Board of Re- view. A copy of the Petition to the Board of Review i att&hed ( `o DZ LJ -2- hereto as Exhibit "1" and is by this reference made a part hereof. 6. On June 1, 1995, the Board of Review reduced the as- sessment from $800,920 . 00 to $791, 720. 00 . 7 . Plaintiffs contend that the Board of Review erred in its decision and that the assessment should have been reduced from $800, 920. 00 to $725, 000. 00, which is the actual value and fair assessment of the property. 8 . Plaintiffs have prepared and served a Notice of Appeal of the decision of the Board of Review with that Notice being served on the Clerk of the Board of Review, William White, within twenty (20) days of the decision of the Board of Review in accor- dance with Section 441. 38 of the Code of Iowa (1993) . The Notice of Appeal is attached hereto as Exhibit "2" along with its at- tachments. All of these exhibits and attachments are by this reference made a part hereof. WHEREFORE, Plaintiffs request that the Court hear the appeal of this case and reduce the assessment to the actual value and fair assessment of the property of $725 , 000. 00 and grant any and other relief that may be appropriate under the circumstances. BARKER, CRUISE, KENNEDY & HOUGHTON BY: ; Y: 41 at J n D. Cruise 000001083 0 S. Dubuque Street IO. Box 2000 owa City, IA 52244 , 01 (319) 351-8181 Attorney for Dean G. Oakes , C Q:\jc\jc2\21b3564.1tg iia `�y `� te and Evelyn M. Oakes cD �)1_;_• .1 fJft � PETITION TO BOARD OF REVIEW „�,!( ri Regular Session Chapter 441,Code of Iowa 76 Office No. Dated: 515 ,19 I S To the Honorable Board of Review of the City of Iowa City,Iowa: The undersigned 1)C/ i) OA Ke,s whose mailing address is: R o`C f t1 Sf,, _Ye cup, , , 4-3 7-41`74 as owner(or a grieved taxpayer) of the following described real estate situated in th6 City of Iowa City,Iowa,to wit: /0 3 Car St. which STREET ADDRESS IS KNOWN AS(PROPERTY ADDRESS): /0 Se .1X• and as such,liable for the payment of taxes thereon,both general and special,does,hereby respect! y object to the assess- ment made against said real estate as of January 1,19 L��j ,in the sum of$ga°/q20. for the following reasons: (Strike out the ground or grounds that do not apply.) 1. a.That said assessment is not equitable as compared with the assessments of other like property in the City. (Give legal description and assessment of representative number of comparable properties,not leas than five if real estate is inv-4olved.)'0 f Assessed at a. 2. b.That said property is assessed for more than the value authorized by law;that the amount of said overassess- ment is$ 7S 4�O, ;that$ 'oR S,000. is its actual value and is a fair assessment. 3. c.That said property is not assessable,is exempt from taxes,or is misclassified for the following reason,to wit: 4. d.That there is an error in the assessment as specifically stated,to-wit: 6. e.That there is fraud in the assessment as specified herewith: 6. That there has been a change downward in the value since the last assessment,to-wit(Section 441.35,Code of Iowa): O c1� WHEREFORE,the undersigned respectfully prays that the assessment against said real estate be reduced to an amount that is fair,equitable,and just,or cancelled if property is not assessable. r IN) ..,... An oral hearing is requested: OYES ( 'IO r -v t v 1-11 RespectflOr submitt n zi For Use of Board of Review 0/ nn� //_ / T.d 30' Ca Action taken. asp Leis.: s Address k�0 I,f(G�LW�//((��q// 741 �n�q2� 7d 711 ., City,State,Zip K 10., & .57a-3' 545/ �lP�v�J 1 or by Duly Authorised Agent of Above Named Date: ��1/gy MAIL CORRESPONDENCE TO: (If necessary attach Exhibits hereto setting forth more specifically the ground(s)of protest.) • (Continued on Reverse Side) cxHis • Please provide the following information on the pre rty an aasesaTrtent to which you are objecting: 1. What is the present use of the property? S ./ 0 ' 2. (a)How was the property acquired? 015urchased°Gift°Trade°inheritance°Other,explain (b)When was the property acquired?(Date) i Q ` If more than five years ago,then skip to#3. (c.)If purchased,what was the total purchase price? Crt?O,,OGYJ— (d.)If trade,what were terms? (e.)If gift,what was the cost basis on the gift tax declaration? (f.)If inheritance,what was court appraisal?$ 3. (a.)Within the past five years,has anyone madean appraisal of the property? [ ES ONO (b.)If so,when and for what purpose? –ta (c.)What was the appraisal value?$ 1 S�UlU (d.)How much fire insurance is carried on this property?$ 6.-012/0C90, 4. (a.)Have you improved,remodeled,added to,or changed this property since acquiring it? f riES ONO If yes,but more than five years a o,,then skip to#5 Describe changes: �' LSA bL (b.)When were changes made? (c.)Cost of changes:$ (d.)Does above cost include labor? OYES ONO 5 For income producing properties,(i.e.apartments,office rentals,etc.)attach to the petition a current operating statement.An official form may be obtained from the assessors office for this purpose. The Board of Review of the City of Iowa City,being vested with subpoena power pursuant to Code of Iowa Chap- ter,441.32,may issue a subpoena duces tecum directed to the owner(s)of any realty concerning which a protest has been filed requiring said owner(s)to furnish a current operating statement listing all income and expenses,or the data necessary for the compilation of same. Confidential Income Statement attached. CEYES ONO 7 C000 6. In your opinion,what was the fair market value of the property as of January 1st? ! PROTEST OF ASSESSMENT TO LOCAL BOARD OF REVIEW (References hereinafter are to Code of Iowa) 441.37.Protest of Assessment—Grounds. I. Any property owner or aggrieved taxpayer who is dissatisfied with the owner's or taxpayer's assessment may file a protest against such assessment with the board of review on or after April 16,to and Including May 5,of the year of the assessment.In any county which hat been declared to bee disaster area by proper federal authorities after March 1 and prior to May 20 of said year of assessment,the board of review shall be authorized to remain in session until June 15 and the Lime for filing a protest shall be extended to and include the-period frons May 25 to June 5 of such year.Said protest shall be in writing and signed by the one protesting or the protesters duly authorized agent-The taxpayer may have an oral hearing thereon if request therefore in writing is made at the time of filing the protest.Said protest must be confined to eine or more of the following grounds: a.That said aseeeament is not equitable as compared with assessments of other like property In the taxing district,When this grouriai relied upon as the basis of a protest the legal description and assessments of a representative number of comparable properties,as de= scribed by the aggrieved taxpayer shall be listed on the protest,otherwise said protest shall not be considered on this ground. b.That the property is assessed for more than the value authorized by law,stating the specific amount which the protesting party be- lieves the property to be overaasesaed,and the amount which the party considers to be Its actual value and the amount the-party coniTJ. era n fair assessment. e.That the property is not assessable,is exempt from taxes,or is misclassified and stating the reasons for the protest d.That there is nn error in the assessment and state the specific alleged error. e.That there is fraud in Lhe assessment which shall be specifically stated. In addition to the above,the property owner may protest annually to the board of review under the provisions of section 441.35,but such protest shall be in the some manner and upon the same terms as heretofore prescribed in this section.(See additional information on section 441.35 and appeal ground.six below) 2.A property owner or aggrieved taxpayer who finds that a clerical or mathematical error has been made in the assessment of the owner's or taxpayer's property may file a protest against that assessment in the same manner as provided in this seciton,except that Lhe protest may be filed for previous years.The board may correct clerical or mathematical errors for any assessment year In which Lhe taxes have not been fully paid or otherwise legally discharged. The board shall no:correct an error resultIng from a property owner's or taxpayer's inaccuracy in reporting or failure to comply with section 441.19. 441.21 subsection 3 states;"The burden of proof shall be upon any complainant attacking such valuation es excessive,inadequate, inequitable or capricious: however, in protest or appeal proceedings when the complainant offers competent evidence by at least two disinterested witnesses that the market value of the property is less than the market value determined by the assessor,the burden of proof thereafter shall be upon the officials or persons seeking to uphold such valuation to be assessed.' 441.35 Powers of review board. The part of this section that relates to grounds six states:In any year after the year in which an assessment has been made of all of the real estate in any taxing district,it shall be the duty of the board of review to meet as provided In section 441.33,and where it finds the same has changed in value,to revalue and reassess any part or all of the real estate contained in such taxing district,and In such case,It shall determine the actual value as of January 1 of the year of the revaluation and reassessment and compute the taxable value thereof,and any aggrieved taxpayer may petition for a revaluation of the taxpayer's property,but no reduction or increase shall be made for prior years. Therefore,grounds 6 relates to a condition where there has been a change in value of the real estate since the last assessment The board of review may receive evidence in regards to the change and the cause and may then determine that the assessment as of January first of the current year is incorrect because of a change in the value of the property since January first of the previous reassessment year.This ground is not applicable In a reel estate reassessment year,but Is the only ground for protesting an existing assessment in a non-reassessment year. 441.38 Appeal to district court. Appeals may be taken from the action of the board of review with reference to protests of assessment,to Lhe district court of the county in which the board holds Its sessions within twenty days after Its adjournment or May 31,whichever date Is later.No new grounds in addition to those set out in the protest to the board of review as provided in section 441.37 can be pleaded,but additional evidence to sustain those grounds may be introduced.The assessor shall have the same right to appeal and In the same manner as an individual taxpayer,public body or other public officer as provided in section 441.42.Appeals shall be taken by filing a written notice of appeal with the clerk of district court and notice of appeal shall be served ns an original notice on the chairperson,presiding officer,or clerk of the board of review after the filing o notice with the clerk of district court. v.6 n/ r f's A�B f� 4 r NOTICE OF APPEAL SG6/!( TO: William White, Clerk Iowa City Board of Review Pursuant to Iowa Code Section 441. 38, you are hereby noti- fied that Dean G. Oakes and Evelyn M. Oakes hereby appeal to the Iowa District Court in and for Johnson County, Iowa, the decision of the Iowa City Board of Review, dated June 1, 1995, with regard to the property located at 103 East College Street, Iowa City, Johnson County, Iowa. A copy of the Decision of the Iowa City Board of Review is attached hereto as Exhibit "A" and is by this reference made a part hereof. DATED this 20th day of June, 1995. BARKER, CRUISE, KENNEDY & HOUGHTON BY: (7J44) ( ,, , John D. Cruise 000001083 X920 S. Dubuque Street / P.O. Box 2000 ✓Iowa City, IA 52244 (319) 351-8181 Attorney for Dean G. Oakes and Evelyn M. Oakes Q:\jc\jc2\21b3563.doc L n.-- "�•_ CJ7 zaz ()\ 1! 0 7,0 SIE T 2 �I IOWA CITY BOARD OF REVIEW P.O. BOX 1350 JOHNSON COUNTY ADMINISTRATION BUILDING 913 S DUBUQUE ST IOWA CITY IA 52244-1350 TELEPHONE: (319) 356-6066 June 1, 1995 Dean Oakes PO Box 1456 Iowa City IA 52244 Re: Petition #76 Map 46-3090 (C) Dean G. & Evelyn M. Oakes You are hereby notified that the Iowa City Board of Review on May 31, 1995 authorized a change in the 1995 assessed value for your property at:. 103 E College Street From $800,920 to $791,720 The reason for this adjustment isas follows: The Boatd finds that a change in the assessment is justified and changes the assessment as stated above. The Board of Review has taken final action on your above property and adjourned May 31, 1995. Appeals to district court may be taken within twenty (20) days of May 31, 1995, Section 441.38, The Code. William White, Clerk . Iowa City Board of Review Lc) ur1 CD C: C C,- "Na • --7 EXHIBIT "A" rAtn 2 STATE OF IOWA ) RETURN OF SERVICE OF ) SS : NOTICE OF APPEAL JOHNSON COUNTY ) I received the attached Notice of Appeal on this 20th day of June, 1995, and I certify that on the 20th day of June, 1995, I served the same on the Defendant Iowa City Board of Review, a Board acting for the City of Iowa City, Iowa, by delivering a copy thereof to William White, Clerk of the Board of Review, at his residence at 1411 1/2 Rochester Avenue, Iowa City, Johnson County, Iowa. &54 —72 ,1,_____-- Wade A. Houser Subscribed and sworn to before me by the above-named Wade A. Houser, on this 20th day of June, 1995 . c;,, , D.L C}iELF Notar Public in an. for the FAYCOIM' 1oNEFxPIRES State of Iowa. April 7.1996 .owe Q:\jc\jc2\21b3565.1tg to G11 'y : 3t2 M CD y .4..:.]: W • r-,xH;B END OF CASE FILE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATES OF COLORADO, CONNECTICUT, FLORIDA, MASSACHUSETTS,NEW JERSEY, NEW YORK,OHIO,PENNSYLVANIA, UTAH, WASHINGTON,ALABAMA, ALASKA, ARIZONA, ARKANSAS, CALIFORNIA, DELAWARE, GEORGIA, HAWAII, IDAHO, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, LOUISIANA,MAINE, MARYLAND, MICHIGAN,MINNESOTA,MISSISSIPPI, MISSOURI, MONTANA, NEBRASKA,NEVADA, NEW HAMPSHIRE, NEW MEXICO, NORTH CAROLINA, NORTH DAKOTA, OKLAHOMA, OREGON, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE,TEXAS, VERMONT, VIRGINIA,WEST VIRGINIA, WISCONSIN,WYOMING and the DISTRICT OF COLUMBIA, GUAM,and the NORTHERN MARIANA ISLANDS by and through their Attorneys General, on behalf of a class, Plaintiffs Civil Action No.: 94-2429-LFO v. AIRLINE TARIFF PUBLISHING COMPANY, ) �o ALASKA AIRLINES, INC., o al AMERICAN AIRLINES, INC., c; n- 1 CONTINENTAL AIRLINES, INC., La DELTA AIR LINES, INC., ) <--)- -- NORTHWEST AIRLINES, INC., ) TRANS WORLD AIRLINES, INC., ) r . r • UNITED AIRLINES, INC., —) o USAIR, INC., ) y rn Defendants. NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT WITH ALL DEFENDANTS AND HEARING TO: Each State of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and each of their political subdivisions or instrumentalities, as hereinafter defined. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR LEGAL RIGHTS WILL BE AFFECTED BY LEGAL PROCEEDINGS IN THIS LITIGATION. IF YOU ARE A CLASS MEMBER, YOU MAY BE ENTITLED TO RECEIVE BENEFITS UNDER THE PROPOSED SETTLEMENT DESCRIBED IN THIS NOTICE. Page 1. tar..% III. PROPOSED SETTLEMENT The plaintiffs have reached a settlement with all defendants in this case. The basic terms of that settlement require the defendants to make available to all Class Members a discount of ten percent(10%) off any published fare for domestic air transportation services when used for official governmental travel by their employees, agents or invitees. This discount will be available for travel on any of the airline defendants, their majority-owned subsidiaries, or any connecting itinerary consisting entirely of travel on one airline and on a non-defendant airline that has a code- sharing arrangement with an airline defendant pursuant to which it provides domestic travel under that airline's code(i.e., a "commuter carrier"). This ten percent(10%) discount is available on any published full fare, leisure fare, or contract fare in excess of$50.00. The discounts are not subject to any special restrictions or special"black-out" periods; general terms and conditions do apply. This ten percent(10%) discount will be available for a period of eighteen(18)months or until total discounts to the Class of$40 million have been reached, whichever occurs first. Class Members will receive a second notice informing them of when the discount fares will become available. These discounts will be available only for"official government travel." Travel by employees, agents or invitees of an eligible governmental entity for purposes unrelated to their employment, agency or invitation is not eligible for these discount fares. In order to qualify for these discounts,the costs of any such travel must be paid for or reimbursed by the eligible governmental entity. Any unauthorized or non-eligible traveler using these discounts will be subject to criminal prosecution. There will be no need for individual Class Members to file a claim form or other proof of damages in order to participate in these discount fares. The discount fares totaling$40 million will not be apportioned among the Class Members on a pro-rata or per capita basis. Instead, Class Members traveling at or near historical levels are intended to derive benefit from the settlement approximating their damages due to any alleged overcharge. The complete terms of the proposed settlement are on file and may be examined or copied during regular business hours at the Office of the Clerk of the United States District Court for the District of Columbia, located at 333 Constitution Avenue, N.W., Room 1825, Washington, D.C. 20001. IV. WHAT ARE YOUR OPTIONS AS A CLASS MEMBER Your options as a member of the Class are as follows: A. You may do nothing and remain a member of the Class. If you wish to remain a member of the Class you do not have to do anything. If you choose to take no action,your interests as a Class Member will be represented by the Class Representatives and their counsel. You will be bound by the terms of the Settlement Agreement and any final judgment that may be entered. As a member of the Class, you will not be responsible for attorneys fees or litigation expenses. As described below, all costs and attorneys fees due plaintiffs are to be paid out of a separate Administration Account established by the airline defendants and will have no effect on the settlement fund benefiting Class Members. CD cn r..tt>cy Page 3. _0 -73 C" 17:, overcharges with respect to airline tickets purchased at any time in the past. If you do not exclude yourself from this Class, you will release all such claims. The release will extend to the defendants and those commuter carriers on which discounts are made available for domestic travel and to each of their respective past or present officers, directors, agents,employees, parents,affiliates, subsidiaries, and divisions, and to their respective successors, assigns and legal representatives. The proposed settlement provides the option to the defendants of withdrawing from this Settlement Agreement if a substantial number of the Class Members exclude themselves from the Class. If an airline defendant determines, in its exclusive discretion,and in good faith,that the States or other eligible governmental entities that have opted out of the Settlement Agreement represent a realistic threat of continuing litigation representing claims of substantial injury, then that airline defendant may terminate its participation in the Settlement Agreement. As a result of any such termination, the Case Management States may elect, in their sole discretion,to terminate the Settlement Agreement in its entirety. VII. HEARING The Court will hold a Hearing in a Courtroom to be announced at the United States District Court for the District of Columbia, 333 Constitution Avenue,N.W.,Washington, D.C. 20001, on May 10, 1995, at 10:00 a.m.,to determine whether the proposed settlement should be approved as fair,adequate and reasonable. The Hearing may be continued without further notice. It is not necessary for you to appear at the settlement hearing. Any member of the Class who has not elected to be excluded from the Class may object to approval of the proposed settlement, and may appear at the Hearing,individually or through the Member's own counsel, if the Class Member has submitted a written Objection and Notice of Intention to Appear. Any objections to approval of the proposed settlement must be filed with the Clerk of the Court and served on counsel for Plaintiffs, and counsel for Defendants by March 8, 1995. Any objection shall state each specific reason,if any, in support of the objection and any legal support for such objection shall be cited. Such objections shall be accompanied by supporting papers and briefs,which must be filed with the Clerk of the Court, United States District Court for the District of Columbia, 333 Constitution Avenue,N.W., Room 1825, Washington, D.C. 20001,with Proof of Service on each of the following counsel for the parties: For State Plaintiffs: Louise M. Quick Assistant Attorney General Antitrust Bureau 120 Broadway, Suite 2601 New York, New York 10271 For Airline Tariff Publishing Jonathan B. Hill ,, Company: Dow, Lohnes&Albertson c_ ._„ 1255 23rd Street,N.W.,Suite 500 -=t'. =„ Washington, D.C. 20037 For Alaska Airlines, Inc.: James V. Dick - Squire, Sanders&Dempsey 1201 Pennsylvania Avenue,N.W. r�' Washington, D.C. 20004 J Page 5. END OF CASE FILE THE IOWA STATE BAR ASSOCIATION ISBA#03619 William L.Meardon Official Form No. 301 Meardon, Sueppel, Downer&Hayes P.L.C. c-n 17) 271 THE IOWA DISTRICT COURT - �_ -- .v JOHNSON COUNTY �� � i{ _. CAROLYN JANE SWAILS, LAW EQUITY ❑ No. 54 Or Plaintiff(s), VS. ERNEST J. TRIPLETT, JOHNSON COUNTY, IOWA, and CITY OF IOWA CITY, ORIGINAL NOTICE IOWA, Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): 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 name(s) and addressies) of the plaintiff's(s') attorney(s) is (are) William L. Meardon, Meardon, Sueppel, Downer & Hayes P.L.C. , 122 South Linn Street, Iowa City, Iowa, 52240 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the_ ti ' � EDI/JAM/F.F. 5 i .,r ,, GSI (SEAL) 1111 CLERIcMF THE ABOVE COURT Johnson County Courthouse Iowa City , Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. 301 ORIGINAL NOTICE FOR PERSONAL SERVICE Revised January, 1991 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON' COUN,TY.' / • T 4ra CAROLYN JANE SWAILS, ) NO. Plaintiff, ) vs. ) ) PETITION FOR DECLARATORY ERNEST J. TRIPLETT, JOHNSON ) JUDGMENT AND INJUNCTION,0 COUNTY, IOWA, and CITY OF ) u' IOWA CITY, IOWA, ) Defendants. Plaintiff states: c):-. St) c.,) 1. Plaintiff is a resident of Johnson County, Iowa, antr the daughter of Clara M. Wegmuller Triplett (Clara) , who died on August 15, 1977 . Defendant, Johnson County, Iowa, is an established County of the State of Iowa, and the City of Iowa City, Iowa, is a municipal corporation established under the laws of the State of Iowa. 2 . At the time of her death Clara was married to and residing with Ernest J. Triplett (Triplett) in certain real estate owned solely by her located in Iowa City, Johnson County, Iowa, and more particularly described as: The North 117 feet of Lot One (1) Block One (1) in Regan' s First Addition to Iowa City, Johnson County, Iowa (the real estate) . 3 . Attached hereto as Exhibit "A" and by this reference made a part hereof is an Amended Report of Change of Title pertaining to the real estate owned by Clara at the time of her death. cn c"j �C -71 -10 2 �.. CD--7 w 4 . Plaintiff has become the owner of the interest of Boyce Ann Wegmuller in said real estate by virtue of a Quit Claim Deed dated March 21, 1995, and recorded on the 12th day of April, 1995, in the Records of the Recorder of Johnson County, Iowa. 5 . The real estate referred to herein is located on the south side of Summit Street at an address designated as 802 South Summit Street, Iowa City, Iowa, and is a duplex which has remained vacant for the past few months. 6. Triplett moved from the real estate to the Iowa City Care Center during November, 1993 , and the property was rented to third parties until the spring of 1994 when it was vacated by the tenant. 7 . On December 30, 1994 , James E. Feeley, M.D. wrote a letter concerning the physical condition of Triplett indicating that Triplett will not be able to return to an independent living situation outside of the nursing home. A copy of Dr. Feeley' s letter is attached hereto as Exhibit "B" and by this reference made a part hereof. 8 . Without notice to or the consent of the Plaintiff or her sister, Joyce Ann Wegmuller, Defendant, Johnson County, Iowa, suspended all of the real estate taxes for the property at 802 South Summit Street and the Johnson County Attorney furnished information concerning the suspended taxes in the accumulated amount of Twenty-two Thousand Fifty-two Dollars and Thirty-five Cents ($22 , 052 . 35) for taxes payable in 1982 through 1995 , a copy LO Cr, c-, 3 c � of a letter from the Assistant Johnson County Atto-rhey mated February 8, 1995 (three pages) is attached hereto as Exhibit "C" and by this reference made a part hereof. 9 . Attached hereto as Exhibit "D" and made a part hereof by this reference is a letter from the Housing & Inspection Services Department of the Defendant, City of Iowa City, Iowa, showing the condition of the property and required maintenance to bring the property to code specifications. The real estate remains vacant. 10 . The cost of repairs and maintenance to comply with the terms of Exhibit "D" is substantial, and at this point in time Plaintiff has no assurance that if she advances these costs she would be in a position to terminate the life estate interest of Triplett. 11. Plaintiff has received no income whatever from the real estate described herein or from any Defendant or agency thereof. 12 . Plaintiff contends: A. The nonpayment of real estate taxes and the condition of the property constitutes waste and should result in a termination of the life estate of Triplett in the above-described real estate. B. The suspension of real estate taxes without notice to the persons owning a remainder interest was without authority and said taxes as suspended should be removed as a lien from the real estate. 1/40 cs+ C. The zoning permitting a duplex as a nonconf9rming use of the property should be maintained on its basis as it existed during January, 1995, until the Court enters a ruling determining the rights of the various parties to this litigation. D. The rights, if any, of Triplett and Johnson County, Iowa, in and to the above-described real estate should be terminated and the Defendant, City of Iowa City, Iowa, should be enjoined from enforcing its ordinances until order of this Court as long as the property is not rented. Unless the City of Iowa City, Iowa, is enjoined from further action until further order of Court, Plaintiff will sustain irreparable damage. E. The Court should enter a declaratory judgment prescribing the rights of the parties and enter such further orders as may be appropriate under the circumstances. By reason of the foregoing, Plaintiff asks that the Court enter a declaratory judgment and injunction as requested and such supplemental orders as may be necessary to accord her proper declaratory judgment and relief. HEARD', , S ' 107, DOWNER & HAYES P.L.C. B , . �/ ./ /. ��//� 2,�%Fi 54 vL:/''-'a'" on 000003619 ;mut, inn Stree Iowa Ci , Iowa 522 , 0 Telephone: 319/338 9222 ATTORNEYS FOR PLAINTIFF 5 STATE OF IOWA ) ss: COUNTY OF JOHNSON ) I, Carolyn Jane Swails, being first duly sworn, state that I am the Plaintiff in the above-captioned matter, that I have reviewed the foregoing Petition for Declaratory Judgment and Injunction and the statements contained therein are true and correct as I verily believe. Al11 '" / / ' A. CAR. YN JILS Subscribed and sworn to before me by Carolyn Jane Swails on this �( day of April, 1995. Sti.e_IL Notary Public in a for the State of Iowa LO CD ci CD =tit-_ —v rrl "t, c• 1• LI ._'. 1 l - . AMENDED AS TO NAME CHANGE. REPORT OF CHANGE OF TITLE In the District Court of Iona, in ".nd for Johnson County STATE OF IOWA ) co S3: CJI JOHNSON COUNTY, C.3 TO THE COUNTY AUDITOR OF .. Johnson COUNTY, IOWA g I Mary A. Conklin Clerk of the District Court of Iowa in and for Johnson County, do hereby certify that oneClara M. Wegmuller TriplettAugust , this life on Augus = t mow' Com ., 1511) 1977 and having made and signed an instrument of writing a :;end foi her last Will and Testament, which was duly admitted to probate by said Court ash 213 20 shown by Will Record No. page • That said Last Will and Testament recites in part: I give, devise and bequeath my property to my daughters,' Carolyn Jane Swails and Joyce Ann Wegmuller, subject to a life estate in Ernest J. Triplett, who' filed.his election to refuse•to take under the will and his election to occupy the homestead in lieu of his ownership share of the below referenced real estate pursuant to Sections 633.240 and 633.241 of the Code of Iowa. This change of title corrects a change of title executed July 14, 1978, a-•copy--o€••-wh•ieh---i-s--•a•t t aehed--hereto. ............... ... ...... That in accordance with the inventory of the Real Estate filed therein the description of the Real Property of said Decedent is as follows, to-wit: • • North 117 feet of Lot One (1) Block One (1) in Regan's 1st Addition to Iowa City, Johnson County, Iowa. Therefore in accordance with the law and as by statute of the State of Iowa contemplated, you are therefore required, on the payment of a transfer fee of twenty-five cents, to enter the same upon the transfer books as provided therefore and establish the title to said property accordingly. IN TESTIMONY WHEREOF, I have hereunto attached my official signature and affixed my official seal at my office in Iowa City, Iowa this 24th day of June . 19 81 •Ma>;.y....A.. Conklin lerk of said ,D,.iis�strict Court. (.2} J z`z (SEAL) Deputy. EXHIBIT "A" B-18 250 AM f u 7 C a n P r �/ �l r � _, -f l , I / � �r 77` ii 6k C o1 n C C' °( /i I c /� •• ` / r' � c 4 /,,, 4 I 1 / / C (� 7- <- r+ /2 /, , , p �a rs I J / 72 c(/-S ( rj o roc/ c/rn � /1 / l -D . n C / A c___.)-- / r 71 d/ c ro F- n r .-, I r �r c/ . r I I r t` G (4 IC ^�� n 9 � Ut 11 / 5 r rvr ( � n 7] N (—- r r� 0 // I flit C 8 ) r ¢ (4 '74-- „ ,5 c\ ` c arm C CI ml'/ O Cfi 1 vra. "'-i i <f14 = Vs EXHIBIT "B" o co w ter= r'J Office of the CIvII-Juvenile Anne M.Lahey John Bulkley i Johnson County Attorney JohnB lkleyrMinol _�� t�. Criminal A, ii.! /, Johnson County Courthouse••417 South Clinton Street•• P.O. Box 2450•• Iowa City, IA 52244 Linda M.Paulson1t Phone(319)339-6100• Fax(319) 339-6149 Janet M.Lyness Richard 0.Westphal Teresa A.Vens J. Patrick White Jan W.Burbidge County Attorney Child Support February 8 , 1995 CarolA Turner 1-(319)362.8645 Bill Meardon Meardon Sueppel Downer & Hayes kr, 122 S Linn St. r✓: Iowa City IA 52240-1802 `_�'' _ ...e:...e: ,M ' _ RE: Triplett : - - 1 Tl Dear Bill . - = "T c p: to -y.., I enclose a list of all suspended taxes on the parcel at 80'2 S. Summit. IN) The total is the amount that would be payable pursuant to Section 427 . 11 , Iowa Code, if the Triplett life estate was terminated today. If the 1994-95 taxes, assessed in the summer of 1995 , are suspended, the amount due upon termination of the life estate would increase by the amount of the new taxes . The total would be due the first September 1 or March 1 after the life estate was terminated; interest on the total would accrue at the rate of 1 1/2% per month after the due date , pursuant to Section 427 . 11 . I've reviewed our earlier correspondence and I need to clarify an earlier oversight on my part. My August 25 letter stated that since Mr. Triplett stopped receiving SSI in October, 1993 , the suspension of taxes on the real estate expired pursuant to Section 427 . 9 , the Code. But I failed to note that Section 427 . 9 also provides that taxes shall be suspended if the owner "is a resident of a health care facility, as defined by Section 135C. 1 , which is receiving payment from the department of human services for the person's care. " EXHIBIT 11C" 0 Printed on recycled paper weft 4 soy ink Bill Meardon Feb. 8 , 1995 page 2 The department of human services advised me that Mr. Triplett meets these alternative criteria for tax suspension, so the suspension will remain in force as long as he continues to be the owner of the real estate, living in a Section 135C. 1 health care facility and receiving DHS payments for his care. Sincerely, N* John Bul y Assistant Johnson County Attorney /rjg cc: Cletus Redlinger Johnson County Treasurer UP 0 -o o r� w HHHHH 1-3 M 07 ro l0l0k0 kDID1.0l0 wkDkr) kOC 0 9' 'O VD kir) %D03C000O0 OOCOC00000 X V1 N ;h L.) 1•11-4 0 k0 00 -1 rn U1 A W N H ro n I I I 1 1 1 1 1 1 1 1 1 1 K to U1 L=J kOkD10 lDkr) C003Cu CO C0030303 rn z r PWN I-' 0LAD 0 -.1 O\ UI .P. WN y C� Cl) dzCSN � w y H H HHH HHHHH HHHHH b l0k0DOD 'O VD kO lO 'D kO kO kD X - lO kO k0 tD kD OO 00 O0 OO O3 C7 0 00 txi 0 .PWM O\ O141. W N > Cl) H 0 111 1 1 1 1 1 11111 CJd 0 0 \O lD iD O0 00 CO CO O0 00 00 r �+ U1 .1=. W NH0kO00 �761O1 .PW r+7 > H N 4/14)1.4/1 4./14i14/14/14/1 4./14/14/14/14.n. FG CO (VH H H H H H H HHHHH O 01000 0000 ,-1101 ONUlUl W H Ul W .A03 "....1 (..) k0 0103 H U1 H 01 W N ON .4=% 00000 .P P 01010 N00 0 . . . • . • • • C W 000 00000 0000J Z Ul 000 00000 0000U1 1-3 V 01 ')'3_\.) \f!t01 Z I :t did I— MiS6 END OF CASE FILE