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HomeMy WebLinkAbout1998 Lawsuits IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY SMALL CLAIMS DIVISION BLOYER PROPERTY, ) o co Plaintiff; ) Small Claim No. 45891 _ co Vs. 1j O ) C 7 N PHYLLIS PAINTIN, ) ) Defendant, ) ACKNOWLEDGMENT OF SERVICE ) vs. ) ) IOWA CITY HOUSING AUTHORITY, ) ) Third Party Defendant. ) I, ikou-,a„ k. ?rr ' state that I hereby acknowledge that I have received a true copy of the Cross-Petition Against Third Party on this g day of , 1998. "E"). Name For Iowa City Housing Authority 23 S. Gilbert Street Iowa City, Iowa 52240 Subscribed and sworn before this b day of c.)et4tO•tly 1998. Qt:416911/ vKy toimsulost 42301443 gin It? Notary Public in and for the State of Iowa do : X17 5 IN THE IOWA DISTRICT COURT 3- OH N S 0 tu COUNTY, IOWA ,9 c„..) v"apev^�j t Vit Plaintiff(s) ,. C_ � -• c . �1. (Name) ° ((.7 a ( to cop AA vv, .t (Address) , 0t a 1 Yve o u K S I- �� (Name) T._(7l�Ce C t , -TA\ C 0� a 4.0 • -,- (Address) ,--,c-,; (-,; - V S. Defendants) (} i ',- l� ��'}} 11 S (00.1v,+; Vt ( ROSS-I'1•:TI"I ION (Name) (/„ 4_g J c + �`f" I AGAINST THIRD PARTY (Address) I lt5$ra�� tU t 1 t.t t I Pt S 4a 1 c T r c�+ (Name) Small Claim No. LES-rt ` 1 • (Address) Date Filed Third Party Defendant(s) 7-7-; (Name) AlA Vi I r co (Address) d3 S. G1 "1 `'tr� S - (Address) TO: ‘I-M-A? 0. C 1 'b HOES ( t1 A l.( oiI THIRD PARTY DEFENDANT(S): YOU ARE HEREBY NOTIFIED that, �Q 11 1rP ` • 1 1 t S 4 (��1 0 , as • o�� o a • cross-petitione s), demand(s) from you the amount of$ �--� based on / +G‘ k, Sn rehy \�-'t ( ��( e P©($1 O CtP V\ (state ht ietly the basis for the demand) 4knf a---e tr+ tn? pqiclk C)k-k .'cg SVIC ‘(.4j q4-0,,\.0.,\-f 3-cereci ,S4 (,) I -- -. d . er1 l q 1 �( tr e CMS -�-- eSS±, CP -Vett--r wt ��1o �?� k -Cr t t'c�- -'0 Je ve 1. C Q voC SS �) is W UNLESS YOUPIcfiling the attached appearance and answ f 4175,�� AR by `orneting and� PP etvrm OujGh the clerk of the court at 1� � in t ij , Iowa 1 (Exact Address) (Cite) S a °�4-9 within 20 days after service of this original notice upon you, judgment shall be rendered (Zip Code) _ against you upon cross-petitioner(s)claim together with interest and court costs. • IF YOU DENY THE CLAIM AND APPEAR by-filing the attached appearance and answer within 20 days after . service of this original notice upon you, you will then receive notification from the clerk's office of the place and time assigned for hearing. Sv,s4v, Dt.ktet AIN 0000O a ��Dr KOCH BROTHERS DES MOINES P-27B.14 KBF 4108 . A � Cross- titioner(s) U ck l Sery rS (c p• e( ISS (r - --*- A T I /'.:--I, `S`. r- 1 'le, s »� iai ,gil .iii • C,i i' i ORIGINAL NOTICE — SMALL CLAIMS (Action for Money Judgmenf)1j}f''J ?� �+ Form S.C.21z_I �t: IN THE IOWA DISTRICT COURT ' ORr,kc11.1111,1.1'IKh1 gli IN AND FOR JOHNSON `oc 9 o a [tES MOINES P-121.N 2B27A V COUNTY, IOWA l' t;.'• 11 'I�.; r ,,,� yet -:,i (Small Claims Division) OR- ,`I' 1i" t� I Ulf j fil1YF^I C E f Small Claim No.,SCS�d I5` ) Docket �C1},aaPage No. s' iiii OZ-Z11- 10.._ /7,4/te CA/6/-7-/ 44,,e, - /PlaiiStiff(s) Defendant(s) -�g ' =Jfl// J -_. L . � -� Ll /ell j ' f .L Address of said Plaintiff 57}• 0 Address of said Defendant Ze•ege-ei Ze-. •'- 51` VS. Plaintiff Defendant Address of said Plaintiff Address of said Defendant TO THE ABOVE NAMED DEFENDANT(S): �,// esc YOU ARE HEREBY NOTIFIED that the plaintiff(s)demand(s) from you the amount of$ 7`' ' ' plus court costs, based on A/CA' •-/ ..9z7, 7t?V`�— EA-`, 7t'7 (State briefly the basis for the demand) `�f/ �— « e/l-' ‘----,'' z7 ,645--‘,..- ./›.---e..; ?42Z' C i 7` F e'/›-r C�sv/3 'h'�/rj . "-..7t-',4-:2 /a �i /�i< /1 �/� :F Li -T' ' -A r f --g KSS al t U. 2-017"0717 a/777 ' 4t-'Z.. 3 /*`' f /30' UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the clerk of the '',::?k court at the Johnson County Courthouse,in Iowa City,Iowa 52244(zip code),within 20 days after service of this original t% ii- notice upon you,judgment shall be rendered against you upon plaintiff's claim together with interest and court costs. riz st IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after service of this original notice upon you, you will then receive notification from the clerk's office of the place and time iai assigned for hearing s; 5iii &O f $/L w T,5 Plaintiff(s) y for Plaintiff(s) Address .7 ,-'0• ick iii544. ;2'y Plaintiff(s) Phone No.e5if 3 s/ '-42 sy ti1L,g, !'7/4't e-, )N•teA %. YtY 1. f r JUDGMENT ENTRY 'f' Y x' ' IT IS HEREBY ORDERED THAT JUDGMENT BE ENTERED AGAINST THE Defendant(s) (...0 r. . C..CD IN kg Plaintiff(s) _ '-'n is.:,i:ii? Plaintiff(s) - -._17, '-'niso; i ts< 'I in the amount of$ with interest at the rate of - ' %from `I:'! s:).t CO ;.:.:1',i5 the day of ,A.D., 19 and Attorney Fees in the amount:of 4r� gii $ plus court costs in the amount of$ _ - wx :i IT IS FURTHER ORDERED that the foregoing judgment be paid at the rate of$ • - - fib` per (month) (week). Dated this day of _ , A.D:, 19 NOTICE OF APPEAL V given this day of , 19 >rtrs (Magistrate) (Clerk) (County) ,k kii Bond on Appeal $ r (Magistrate) (County) - 't PROOF OF SERVICE '` The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by depositing a copy thereof in the U.S. 'i•';' Mail,postage prepaid,in envelopes addressed to each of the attorneys of record herein at their respective addresses disclosed on the pleadings,on t.. 19— -ail' .. . . . . .,....., ................. ....... ......... . ..... .............. , .. ... ......... IN THE IOWA DISTRICT COURT a off N 5 0 ti COUNTY, IOWA Plaintiff(s) ov r' '' (Name) °/t1 f✓- al rvi� M `. (Address) I C)tla 1 k V f o ` U J 5+ (Name) 1_r-L7 L-)Ct Ct t , -1� 1 c 4-0 ,t'.�. •�� (Address) �J �L '. (,^- VS. �'�. _ Defendant(s) {� > � • 1' l i S a E ✓1�1 0 CROSS-PETITION ITION (Name) (/ 1 c th -t it I AGAINST THIRD PARTY (Address) rbU'a lU t k t , T A Ca Lt- I (Name) Small Claim No. `�Sg`� .- (Address) Date I filed Third Party Defendant(s) 0o ( to (Name) WQ Ca l,( c) G (Address) d3 • Gtop Cf S* / ,( � . (-.y t S. IA -- (Name) i (Address) JJ --�- CD N TO: w 4 b i l 0 Lt_c ( �i Lt-iGN r i` r J I III RD PARTY rY DEF[ NI)AN r(S): YOU ARE HEREBY NOTIFIED that, e h ( IIS ?qt --( VI as i 000 of cross-petitions s), d11emand(s) from you the amount of$ it000 �—� {� based on / -Ct k It � `l ) n.„-k- \�-'t ( h+ e per(4, O tA cJ 4J(Spuc bricll the basis for the demand) -\-Vnl<' �- t,.- �.e p q 'd- c$ S iS s `1 - 4 tAA l i s-e r Q d b T C \-ta kS V\ ��0. (�-h _ c . �.Ateh k 4 l - r o Ct�S `�- o-{ ce w4 t 4 (c ti - ,ock � c ue De . .� P VOC ecs (s UNLESS YOU P'AR by corn sting and filing the attached appearance and a sw Al pp n. �r form with the clerk of the court at 4 l cJ • Cell (DMZ-445f- in 4O U30 C t i (Exact Address) Iowa (City) S d °�q--v within 20 days after service of this original notice upon you, judgment shall be rendered (Zip Code) against you upon cross-petitioner(s) claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after service of this original notice upon you, you will then receive notification from the clerk's office of the place and time assigned for hearing. `C:may J SU,Sq v, D t ,e a NV oo0o659a?� KOCN BROTHERS,DES MOINES P-27611 NEW 4108 #-ow\ Cross-rAtitioner(s) qg ( Sery r I rS ( we .�-+_ -f^ A T 1 f'. `r• 1 ti r. ... ,.... ,;:1.;:., C -9: . .. .(I Q;I.. .n i• \[D, ,. , ....•.. 0ii iiii 4 l__._ a L ORIGINAL NOTICE—SMALL CLAIMS (Action for Money Judgmenf93 1'1 `�• l 3 2 Form S.C. 211-I IN THE IOWA DISTRICT COURT R•.. �(�'t '"`'""'""'` ' '""'' L.'`,.11`4'‘1. tF 9 O 51[,is MOINES P-121-N 28274 ;;r IN AND FOR JOHNSON COUNTY, IOWAt. X1..1 (Small Claims Division) 0 • II T l ' alii*1 I C E Small Claim No.Sd �J eI ) CSrrDocket Page No. 1340 k Ply/zee- -7-1 berms-kf�- 41. Ph /is A71/7%11 iiii Plaidtiff(s) _ / Defendant(s) `��7 �/l-��/c vim` _L - /44 IS' 5-& V. 4414, 1 Address of said Plaintiff 5; y1/ Address of said Defendant 4f-4e/1e-elea.- s -il/ iiii VS. MS Plaintiff Defendant Address of said Plaintiff Address of said Defendant TO THE ABOVE NAMED DEFENDANT(S): '/ YOU ARE HEREBY NOTIFIED that the plaintiff(s)demand(s) from you the amount of$ 7DODey`e • ,' pii lus court costs, based on �6iG'' —i��)7 77€'�t T i� (State briefly the basis for the demand) /f=-[lgAr., - / '4-. 67�/ 4-r-,," ' rt ,)t.' Ave)iii 7`4-z e7>--r .52,-v/) ,7z-,-v-4=-"/V .. "--7,7,1=-07 A/9777>tyi ���*7 -7 'vim ii -: /5�5-fl �—t� z".g 774-17e---P- �f Ave--e--z,4) ,'f'-�3v� /I/-07-44s51vc thin-S ,9rg•010 p$ UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the clerk of the court at the Johnson County Courthouse,in Iowa City,Iowa 52244(zip code),within 20 days after service of this original notice upon you,judgment shall be rendered against you upon plaintiffs claim together with interest and court costs. 423 IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after service of this original notice upon you, you will then receive notification from the clerk's office of the place and time Y iiii assigned for hearing. . -` &ate P$G-2/ P)e;_4€477 J9a-7 �.�.� ter_ -z . . ;f.c•I. Plaintiff(s) ""-"•` for Plaintiff(s) Address = > 5.--;.47/� • % Plaintiff(s) Phone No e3/q) 3 sl f 4 2 S�/ /tie-R. PolvE!-b,'t€' .- -� t JUDGMENT ENTRY '-� IT IS HEREBY ORDERED THAT JUDGMENT BE ENTERED AGAINST THE Defendait(s) KS''' \f TJ * e ;L2; �:g Plaintiff(s) c ' tvs in the amount of$ with interest at the rate of)-' -` %from 1-'y% C___ 1':',.)r the day of ,A.D., 19 and Attorney Fees in the amount of :Y; Ys-xi $ plus court costs in the amount of$ 'ig IT IS FURTHER ORDERED that the foregoing judgment be paid at the rate of$ IY per (month)(week). Dated this day of , A.D., 19 tNOTICE OF APPEAL I7E X;1 ?; given this day of , 19 ,-j mi (Magistrate) (Clerk) (County) ,' '2.''Y Bond on Appeal $ i'r.'E (Magistrate) (County) • Yi 3f Y;a PROOF OF SERVICE ry The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by depositing a copy thereof in the U.S. R:1 Mail, osta a prepaid.in envelopes i':c p g p p addressed to each of the attorneys of record herein at their respective addresses disclosed on the pleadings.on iiil c ilii 19 .... sa s az x / rr r „r I)A kA rtOI.A Jr APPEARANCE AND ANSWER OF THIRD PARTY DEFENDANT KOCH BROTHERS.DES MOINES P-264-4 1937A k,;+ Form S.C.-220 1r IN THE IOWA DISTRICT COURT " kA yH JA IN AND FOR COUNTY, IOWA or Plaintiff(s) r (Name) x J. (Address) 4 „,r (Name) k kA (Address) r'r vs. ,;. " �')'(4Defendant(s) APPEARANCE AND ANSWER OF " THIRD PARTY DEFENDANT 'r (Name) Small Claim No. (Address) Date Filed / (Name) IL (Address) j Third Party Defendant(s) Ca C _' S (Name) r t . CO j : (Address) _;; -? ,iii (Name) =_ N y r— :, r, (Address) I HEREBY enter my appearance and deny the claim of ,cross-petitioner(s). r Third Party ii d ar } ,V : By ., Attorney for Third Party Defendant I/ COPIES FOR: (Plaintiff) (Attorney for Plaintiff) k; a (Plaintiff) (Attorney for Plaintiff) I t ' - _• EDWARD F. STEINBRECH JOHNSON COUNTY CLERK OF DISTRICT COURT If you wish to have a hearing before a Judge to argue your case , then fill out the APPEARANCE AND ANSWER OF THIRD PARTY DEFENDANT form attached. Return it to : CLERK OF COURT OFFICE Courthouse , 417 South Clinton Iowa City , Iowa Or mail it to : SMALL CLAIMS CLERK COO P .O. BOX 2510 c� IOWA CITY , IOWA 52244 c MAKE SURE THAT OUR OFFICE RECEIVES IF FROM YOU ON OR BEFORE THE TIME '4 ! INDICATED ON THE CROSS-PETITION AGAINST 3RD PARTY FORM. If you wish to settle this claim then please contact the defendant immediately so that a settlement can be reached before the time indicated on the CROSS-PETITION form. If you have any questions , please come to our office or call our office at ( 319) 356-6060 , ext. 5 , during normal office hours . Thank you , If you require the osslisoco of omen olds or services to M • cod Dame of Small Claims Department disabilfty col district ADA Johnson County , Iowa coorduorat31 - are hearing q1 Nn at 1-800-735 • - P.O. BOX 2510 / IOWA CITY, IOWA 52244 / TELEPHONE (319) 356-6060 END OF CASE FILE A IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY SMALL CLAIMS DIVISION BLOYER PROPERTY, ) ) Plaintiff, ) Small Claim No. 45890 w CO vs. ) o PHYLLIS PAINrIN, ) -, ' ' Defendant, ) ACKNOWLEDGMENT OFitVI -- CO vs. ) ,c) ) IOWA CITY HOUSING AUTHORITY, ) ) Third Party Defendant. ) I, Ma,t✓ti, lc< ."7 -1-, state that I hereby acknowledge that I have received a true copy of the Cross-Petition Against Third Party on this SY day of 4„!nt2 1998. /�i��.2 h. :J 1 N For Iowa City Housing Authority 23 S. Gilbert Street Iowa City, Iowa 52240 Subscribed and sworn before this 6 day of 'S-" 1998. )r..,..10), My to.ksulsb, eitItis ulnikh Notary Public in and for the State of Iowa C.C.—. L/ ASS - / moi. 11 . . . . 2. ,: .. .,.• IN THE IOWA DISTRICT COURT '1°44. NCO COUNTY, IOWA �Plaintiff(s) i c� v(Name) c(e. C �. p (Address) f 1 Kr k • p-' t ' (Name) � � � ,; �' Td�q C �t Ta 5 d a � (Address) V S. cv' Defendant(s) P!�'1 4+ ( S r7 q l t , • " i T CROSS-PETITION- (Name) 16 *e sc-r{-a SiA. f AGAINST THIRD PARTY (Address) co rn 1u i 1\sc` 5 a.a 4-1 ((--.S—(Name) ((--.S— U Small Claim No. ` Q (Address) Date Filed Third Party Defendant(s) (Name) TO U.) q Cltb u S I V11 A1,�`��arJ �-4 c.t (Address) t ``1� r� �-- CO UD (Name) `�o' �c, C t TA S d ado p ".f (Address) • TO: k�� Ct \\r1 )t1' ( THIRD PART DEFENi)AN=F(s): N) P YOU ARE HEREBY NOTIFIED that, "t�"IS i (A I V1�t , as . cross-petitioner(s)4emand(s) from you �f$. i(4) ,t e-I gtri\• ` e v %I C1 1 C)v11 ^ based on ` 1• q t k v10 '�) 1�egl— � -R Q l�- l l 1 Ci-t-h'E' (`lLate hr env the hams for the demand) ff__ ..• Cek Ove Cc �t\e h� �e S` _i •. v> 0 5���1 c� i 111 .� . _ . . I - - . ,. © a .• • W i UNLESSYOUAPn�I,nAR,�by co lettiing/a filing the attachedAappearance and answer form with the clerk of the court at 4-1 / 3. It�'l'1 ik.. & I :ob Pp h rtroQUl96in Iowa (Exact Address) (City,) - P , within 20 days after service of this original notice upon you, judgment shall he rendered (Zip Code) against you upon cross-petitioner(s) claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after service of this original notice upon you, you will then receive notification from the clerk's office of the place and time assigned for hearing. giel,4 c—ISOZ: . '5 "k tN (.4 (ek , `�,10t ( Se1vfr� • ( l,3 o 8qd)- NOCH BROTHERS.OE5 MOINES P 2T& /ItH KBF 4105 tb%A ��-' Cross-petitioner(s) 43 0 T. 012- -t,A • ' z-z�i::szrr:z-x;;r..r�;r:�z3rxeL�:c-::�:•;. rrz;zri�:r.a;^- <�s.< " i a,, .a..P.: .iia:.c:L•rr,3rY:zo-::z;;i3ci:>tt..::..........'zr ED z'ierr.rcr z.immtii zat•.. ..}. .:.:.. L:: FILED ORIGINAL NOTICE—SMALL CLAIMS 98 SAY 19 PM 2: 57 IN THE IOWA DISTRICT COURT • IN AND FOR JOHNSON COUNTY, IOWA IE il` .t t� . CLERK Uf C IRICT CCDM FOR FORCIBLE ENTRY (Small ORIGINAL NOTICE ) ,1ONN,ioN CJU��iY, Iowa. AND DETAINER ONLY Small Claim No. S: v , Q? 54 )e ' f ��+'� ��� � ��i- _ " "IS a 4te Filed —'/G� CID Plainttff(s) Defendant(s) /92-7 /rEkv - tel. ..2--a. , ` /l t�1 �-r' / ii Address of said Plaintiff &_.)P— /-eTAddress of said Defendant"4.,,e-41-4"141-1e.„Zit - - Plaintiff VS. -�/ Defendant Address of said Plaintiff Address of said Defendant TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY NOTIFIED that the above named plaintiff(s)demand(s) from you possession of (State exact address of real property) for the reason that (State basis of demand) . 11 ";r r / -"it.)- iiii n. i. `LESSi YOU APPEAR y� before r e court to contest this matter at CouJ4(A, I.I.-Se) -41 7 5-0,. 0141-0A) lb exact address of court) in Lk-kV' dl Ct I q (city), Iowa, )` at. o'clock m. on they of a(6 be rendered against you for possession of the property afId for court costs. 19R judgment shall -3c.o Pee, % z, pearl /ttb r /947-7 , -el cr . -L.0- �U J aPlainti f(s ( 3wey-for Plaintiff(s) Address (3iO3s -o2sV ' /o'/ylf ` �ih/EKc6llf Aba 4. JUDGMENT ENTRYr-!!! IT EREB RDER ED THAT JUDGMENT BE ENTERED IN FAVOR OF op PLAINTIFF AND AGAINST �-' �` .15 DEFENDANT(S) FOR POSSESSION OF THE PROPERTY 'ii LOCATED AT _ _ 03 V ':i Aii AND FOR COSTS OF THIS ACTION IN THE AMOUNT OF$ Lite DATE THIS DAY OF V A. D. I9 TA ' PROOF OF SERVICEgi The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by depositing a copy thereof in the U.S. .• •,— Mall,postage prepaid,in envelopes addressed to each of the attorneys of record herein at their respective addresses disclosed on the pleadings.on `of ' 1. iL 19 L:r I S C I.L KOCH BROTHERS.DES MOINES P- MAGISTRATE COUNTY 16B.A A3J2) ill L'tC .Lim %�+ L�i�•tit)%:L'w...................................................iLw., IN THE IOWA DISTRICT COURT 3---°+t MCO N COUNTY, IOWA • Plaintiff(s) `` (Name) 6"(c C` i ?cc; I v� Vv�t ter- c n (Address) (1 ,;3 Kt, k . , c� '�;. (Name) © Q C 1 TA 5J d -f3 ,` G' . (Address) JI vs. t,-'. Defendant(s) P�t�{ 1`(S ?0(I fi\ t 11 CROSS-PETITION- (Name) ROSS-PETI ION (Name) 1 Co S---f Si $t- AGAINST THIRD PARTY (Address) C.'O rG VV I 1 TA- . •S aa 41 (t--S- (V (Name) Small (Taint No. l !/ (Address) Date t=iled Third Party Defendant(s) (Name) TQ„UJgCi \fbL,SI _ A`k c`-�`it� (Address) S• • � e f(�-....1 J (Name) 7�09' Cc- TA S a, a, co (Address) - co • c__ TO: 1 k-../ Ct }bk5l (1�q �(I- ( , THIRD PA b)ANT'� J Tom): YOU ARE HEREBY NOTIFIED that, ► "'��`l s �ol ( f/)�t - :as cross-petitioner(s) emand(s) from you t#�at ant-rrf-ifS 1 \ e� oirV� e V I . -1-U 0-•� j based on 1 t 1 k vl q -- ) 't± 'L�Q k v\ Cill+`e J ((tate hr I1v the basis for the demand) • cA-lbV\ Cc 1f\Q /4k'N-t- rib .1)e pf' O ( J" cc U s'kk9c( c\I) . ce vm q t W d roc rno-H= c v ` v14 1 o t k°Ck ±D If O'e De'V.1 AUk() peOCeCc 1114--• (SVO UNLESS YOAP AR by co leting a filing the attached appearance and answer form with the clerk of the court at 4'l / ci• lA.�'t ik, di I .w P LI [zur-i-ro l 96 in , Iowa "� (Exact Address) (City) - �t t/ , within 20 days after service of this original notice upon you, judgment shall be rendered (Zip Code) • _ against you upon cross-petitioner(s) claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by.filing the attached appearance and answer within 20 days after service of this original notice upon you, you will then receive notification from the clerk's office of the place and time assigned for hearing. RA'4e4_ ✓'- et kr\ ,D(4 WC ' `- at t Seiv ' -( IQ00=03-2%.2-)- KOCH BROTHERS DES MOINES P2T8-H KBF AI 08 y-} I �� ....Cross-petitioner(s) .,.:.. .,....., ..... ...... .......... ........ .. ..., ., ..., . . ... ... ... ... .. ' `111 43a \oma Ave .-.� ".+ t Tw ff" i . ... a. . .,1'.'�:F7:IT• 1';?7rf4 :.t��:X�r.:d3.trfl.w.3:-: ::Y,I.�J,x.`:3;-r.:;r :;xm::� �::r�:•7C•::,r•11::9rxX3r taK•)c-`'�•:,'!:• �< ,.c+. .. '� 1.;;Y=,),''''''4,408-3=''''X:41-0:341, C,' . I„Y ..,. .,:.:.:)..080-3=':.':X:41-:3 I F.`,.....L,.)....a • , .:IS k.3,F;K..w,.,-S`F 3,3. - _ 4 1:.Itl)tY4,'•a):•>:r:-• `)SJt::r<' ^AOt)^ tcL•tr :;x f-NEED ORIGINAL NOTICE—SMALL CLAIMS 98KAY 19 PM 57 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY, IOWA CwwwK uF- UlSiRICT CUUh1 1.11 FOR FORCIBLE ENTRY (Small ORIGINAL NOTICE JOHNSONc;�ur;iY, lowr�. AND DETAINER ��t �� Small Claim No. �1((Tr� 0:; 5 �.I eA' �P� L .7) gate Filed .5-4't-9g Y f ` 2/ r/i',,%?�c a'vii- !QI)vi- i/'/7`d{/ Plaintiff(s) ( Defendant(s) fl / 7 /�DeU�' tel. .LIa. , ` /� l Address of said Plaintiff .-..),2- 4) 7Address of said DefendantJ ,9 P' .- Plaintiff VS. �/ Defendant ii Address of said Plaintiff Address of said Defendant TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY NOTIFIED that the above named plaintiff(s)demand(s) from you possession of /10418 6-6 57: 44142 5t f dam- viL� � � 6- -.9-_,,z/� (State exact address of real property) for the reason that (State basis of demand) • 0 i i/( ' 405A- . ( 6.5 LES YOU APPEAR before, a court to contest this matter at CoLf4(A SP) ( 7 C exact address of court) in LS CLj til (+ I /�j ��o'clock � at (city), Iowa, m. on the��,-,,-�nay of Mau) 19R judgment shall be rendered against you for possession of the property ani for court costs. '11 f WIVEROKt-0/l./5,,:i Plaintiff(s) (14- m or Plaintiff(s)6 Address (3/e0 757 3 —o2S� '� `�O!! JUDGMENT ENTRY IT EI.43 RDERED THAT JUDGMENT BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT(S) FOR POSSESSION OF-IE PROPERTY LOCATED AT L MI `i t "O AND FOR COSTS OF THIS ACTION IN THE AMOUNT OF$ c..,_ . V ; i DATE THIS DAY OF �" N` A. D. 531 iii c% PROOF OF SERVICE •= IA The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by depositing a copy thereof in the U.S. rte. Mail,postage prepaid.in envelopes addressed to each of the attorneys of record herein at their respective addresses disclosed on the pleadings,on -• i`C 19 iiil _ gli form ti.0 213 2 KOCH BROTHER$,DES MOINES P-I MAGISTRATE COUNTY FYI 6B-a w332] :.�)cfi:r..:3 •rrst.rwrc.�Icrtr: <..1,,>, 3;;g .,y.r );<:: ::j:.'' .:.j2')%.:%r ,x,:$. i',a< .<.:3L':F ):3Its`f•I$,4L:itit:r.tc • CJI ..a j1M. # 4 4 APPEARANCE AND ANSWER OF THIRD PARTY DEFENDANT KOCH BROTHERS.DES MOINES P-264.4 1937A Form S.C.-220 F(I IN THE IOWA DISTRICT COURT �r, rg 'i' IN AND FOR COUNTY, IOWA M M � Plaintiff(s) I � (Name) )4 (Address) (Name) (Address) VS. Defendant(s) APPEARANCE AND ANSWER OF THIRD PARTY DEFENDANT (Name) Small Claim No. 1 I (Address) Date Filed (Name) (Address) Third Party Defendant(s) O co (Name)Name c . (Address) (Name) r., .. (Address) > I HEREBY enter my appearance and deny the claim of cross-petitioner(s). Third Party Defendant By Attorney for Third Party Defendant COPIES FOR: (Plaintiff) (Attorney for Plaintiff) (Plaintiff) (Attorney for Plaintiff) ....-- —----- -- s `Y 'V:1[JR s.�.�:J- --- ms's'si-�:is'i s.•:'i:ii*. • �- • • v44 j. A -pia, 7.,§ EDWARD F. STEINBRECH JOHNSON COUNTY CLERK OF DISTRICT COURT If you wish to have a hearing before a Judge to argue your case , then fill out the APPEARANCE AND ANSWER OF THIRD PARTY DEFENDANT form attached. Return it to : CLERK OF COURT OFFICE Courthouse , 417 South Clinton Iowa City , Iowa © ami L_ Or mail it to : SMALL CLAIMS CLERK F 71 P . O. BOX 251000 IOWA CITY , IOWA 52244 -� ._ MAKE SURE THAT OUR OFFICE RECEIVES IF FROM YOU ON OR BEFORE: THE i ME INDICATED ON THE CROSS-PETITION AGAINST 3RD PARTY FORM. If you wish to settle this claim then please contact the defendant immediately so that a settlement can be reached before the time indicated on the CROSS-PETITION form. If you have any questions , please come to our office or call our office at (319) 356-6060 , ext. 5 , during normal office hours . Thank you , IfOU y require the widow of obi aids or services to - ie oow't bocawe of s Small Claims Department disability, coi district ADA Johnson County , Iowa coordinator at 31 Et 200fi you are hearing cal Roby 10,111 ITY at 1`800-735. ' 4 P.O. BOX 2510 / IOWA CITY, IOWA 52244 / TELEPHONE (319) 356-6060 END OF CASE FILE . - • R ;c:1•",,tSZI SNIM +� �v p� Y ( 41 'X+n'4KR3ti:g3:iS r3X'11=2:1F1xXX `..waA.[Jisti'I.YitXkSYYi3 � $3 �i 'J �fF Kp JF1S�3L'i'dTx.kC41e.',r'x,#fiY'IF 1},. ®\� 3,�� :(3:�YZ9:S(���:Y�Y.� Xi:X...:-„X3:v'kiln"fXI:�::�XE)(�::�L`: '.L3,:1�X i:::::�It:;�):-0.:L:}t..i .I: �ift � FILED :a it. ac ti: ag qq8 llL —Z Pik 3' 19 98 JUL —Z M 11 29 ga ORIGINAL NOTICE-SMALL CLAIIvT��Action forMoney Judgment) r'` Eli f. "' FaCm S.C. 213-I g:rA 'f IN TILE IO'M eIlynAC0URT [ l p Nov.IL i• \ CI tlJl�\h.� lril {il�N Nov.11.199b) dSyf IN AND FOR Qk'f aC-083-2 �.; gH: I N COUNTY, IOWA ORIGINAL NOTICE 1.0 70.;.. Small Claims Noc /5 ':•` ;� r HELEN T. MARLAS' CITY OF IOWA CITY. IO to tgz Plaintiff(s) 752 Oakland Avenue Defendant(s) 410 East Washington `t Street ,r.Y Iowa City, Iowa 52240 Iowa Cit Iowa �' ::.:r Y, 52240 g. Address of said Plaintiff Address of said Defendant = VS. ` tY . BB z Plaintiff Defendant e ei i^ .'3 Address of said Plaintiff Address of said Defendant x TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY NOTIFIED that the plaintiff(s)demand(s)from you the amount of$ 4000.00 or less #sr plus court costs, based on nrooerty damage }; by- ,tt (State briefly the basis for the demand) Property in my basement was damaged "`'' 6 wron ful r sewage backups in 1993, and later, arising from Iowa City' s violations of its ti-ii' own Iowa City Code pertaining to sewage and storm water disposal and from its q5 inadequate sewer system. ee,; UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the clerk of the court at the Johnson County Courthouse, in.lowa City, Iowa 52244, within 20 days after service of this original notice upon you, judgment shall be rendered against you upon plaintiffs claim together with interest and court costs. et B. IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after service Rii of this original notice upon you,you will then receive notification from the clerk's office of the place and time assigned for hearing. 5=' �.i. Bti i 7 `frefreera' 70- 0AtClxn'o fiytldn. /t a&ria, xg. Plaintiff(s) (A1teeey_t -- 4aiitiff(s) Address 5Z2`�C1 r '• Plaintiff(s) Phone No. 33g- 5'517 zX JUDGMENT ENTRY IT IS HEREBY ORDERED THAT JUDGMENT BE ENTERED AGAINST THE Defendant(s) ~i • Plaintiff(s) Y= gg in the amount of$ with interest at the rate of %from E 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 rate of$ per (month) (week). Dated this day of ,A.D., 19 NOTICE OF APPEAL given this day of , 19 . if (Magistrate) (Clerk) (County) Bond on Appeal $ _ (Magistrate) (County) PROOF OF SERVICE sc' The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by depositing a copy thereof in the US. u; Mail, postage prepaid, in envelopes addressed to each of the attorneys of record herein at their respective addresses disclosed on the pleadings,on Pi? pp,,,,((��� 19 ' u • - .. < - dT e YTS")YJ S S r._,K"t z.1 XYXX YSX t t i ,. 'xrFarnr sXccuz r C. KQ Y • » r APPEARANCE AND ANSWER OF DEFENDANT ' IN THE IOWA DISTRICT COURT F. IN AND FOR JOHNSON COUNTY, IOWA " Plaintiffs) • (Name) (Address) (Name) APPEARANCE AND ANSWER (Address) OF DEFENDANT VS. SCSCO I/ Defendant (s) h (Ne) Date Filed to (Address) o c (Name) D _, r (Address) r N 3 —40 ra tir Phone Number: t Fr' a o2 w ,,� *^ •. 4 I HEREBY enter my appearance and deny the claim of plaintiff(s). `D p, d ^r Defendant is Ji By AAttorney for Defendant pi' Y' KOC S ThERS DES wmES Lag W 3851 ixi-K-X-'- ---k c mX- :•••i•x t aiX XLt- _31— uuuv.i�. xsrawCY—,C - xxcr_x_*_cc...: N 'AYY7YYYYYYY1YY1l a a C4. �CYLY Y-Y Y'i�(ICYYI �Y _ _ a x, rarr rir l • r' (ITis es _— EDWARD F. STEINBRECH 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 I8S B ==N � c REACHED. IF YOU HAVE ANY QUESTIONS PLEASE CALL OUR OFFI �E��1T'.- — (319) 356-6060 Extension 5 --r c; r- a=-0 n BETWEEN THE HOURS OF 8AM AND 4 :30PM MONDAY THROUGH FRIDAZ EX&Pl jOLIDAYS . PLEASE NOTICE : We will notify you by ordinary mail of the dame and time of the hearing . We will mail this notice to - -you at the address you indicate for yoursetf-oma-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 . If you require the assistance of auxiliary aids GOVERN YOURSELF ACCORDINGLY • or services to participate in court because of a disability, immediately call your district ADA _SMALL LLAIMS__DEP_ARTMENT_ coordinator at 319-398-3920. Ext.200 (If you JOHNSON COUNTY , IOWA are hearing impaired,call Relay Iowa TTY at 1-800.735.2942). P.O. BOX 2510 / IOWA CITY, IOWA 52244 - END OF CASE FILE .5 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HELEN MARLAS ) Plaintiff, ) NO. (ACUIC1 ) v. ) ORIGINAL NOTICE ) CITY OF IOWA CITY, ) Defendants ) 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, a copy of which is attached hereto. The Petitioner's attorney is SALLY H. PECK, whose address is 102 SOUTH CLINTON STREET, SUITE 403, IOWA CITY, Johnson County, Iowa 52240. . You are further notified that unless you serve within twenty (20) days of service of this notice on you and file within a reasonable time thereafter a written special appearance, motion, or answer in the Iowa District Court for JOHNSON County at the Courthouse in IOWA CITY , JOHNSON COUNTY, Iowa,judgment by default will be rendered against you for the relief demanded in the Petition. EDWARD F. STEINDRECH / 14 " CLERK OF COURT, JOHNSON COUNTY The attorney who is expected to represent the Defendant should be promptly advised by Defendant of service of this Notice. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920. Ext. 200 (If you n are hearing impaired, call Relay Iowa TTY at1-800-735-2942). kr) ro .m CCG � ``ick y o • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY - HELEN MARLAS ) - ,1 = • Plaintiff ) NO. LPCv cn c. . N v. ) PETITION AT LAW -o 111 'f CITY OF IOWA CITY, ) ,�r Defendants ) �. .n COMES NOW, Plaintiff and for cause of action against the Defendant states and says: 1. ..- That the Plaintiff, HELEN MARLAS, is a resident of 752 Oakland Ave., Iowa City, Johnson County, Iowa. 2. That the Defendant City of Iowa City is a municipality in Johnson County as defined in the Code of Iowa, Chapter 613. 3. That the City of Iowa City built and has responsibility for maintaining sanitary sewer lines within the municipality, in particular sanitary sewers which serve the residence owned and occupied by the Plaintiff herein. 4. That the City of Iowa City had and has a duty to properly design, construct and maintain sanitary sewer lines within the City of Iowa City. 5. That the City of Iowa City failed to properly design, construct and/or maintain the sanitary sewer line(s) which serve the property owned and occupied by the Plaintiff 6. That on or about the 4th day of July, 1993, as a direct and proximate result of the Defendant's failure to properly design, construct and/or maintain the sanitary sewer line(s) Mich co serve the property owned and occupied by the Plaintiff, sewage backed up and into 4jasenrent,I. of the property owned and occupied by the Plaintiff causing damage. - vo r 7. That the Defendant suffered damage in excess of$4,000.00 WHEREFORE, the Plaintiff prays for damages in an amount in excess of$4,000.00, for costs, interest, attorney fees and al relief to which she is entitled. , Resp c�fu cr suKmitted, sort 7 LY H. PECK, 6478 102 South Clinton St., Ste 403 Iowa City, IA 52240 (319) 351-2332 (phone) (319) 358-8873 (fax) ATTORNEY FOR PLAINTIFF cc: Helen Marlas 2FID ao D= _m _ ©z N 0 D o END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HAWKEYE MORTGAGE ACCEPTANCE ) CORPORATION as Assignee of a ) Mortgage from HAWKEYE BANK ) OF WASHINGTON COUNTY,N.A. ) Plaintiff, ) ORIGINAL NOTICE vs. ) ) `La(tJO 5(311(0 JOHN D. KRAMER, ) 1900 BROADWAY HOMEOWNERS ) ASSOCIATION, INC., ) AMERICAN NURSERY PRODUCTS, ) HERJUS, INC. D/B/A Nagle Lumber Company, ) .r) IOWA STATE BANK& TRUST COMPANY, ) CO WIESER PRECAST, INC., ) SELZER-WERDERITSCH, ) 7 -- NEENAH FOUNDRY COMPANY, ) (7co -1 CITY OF IOWA CITY, ) S & G MATERIALS, ) o MOYER& BERGMAN, ) y w MELISSA KRAMER, ) PRESTON ENTERPRISES, ) 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 in the above-entitled action, a copy of which Petition is attached hereto. The Plaintiffs attorney is Patrick C. Galles of the law firm of Correll, Sheerer, Benson, Engels, Galles & Demro, 411 Main Street, P.O. Box 842, Cedar Falls, IA 50613; ph: (319) 277-4102; fax (319) 277-4124. YOU ARE FURTHER NOTIFIED that unless, within twenty (20)days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file, a written Motion or Answer in the Iowa District Court in and for Johnson County at the Johnson County Courthouse, 417 S. Clinton St., Iowa City, Iowa,judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at(319)589-4448. If you are hearing impaired,call Relay Iowa TTY at 1-800- 735-2942. EDWARD F. STEINBRECH, Clerk of the Johnson County District Court By: 64441411-01/"- Deputy 417 S. Clinton Street, Iowa City, Iowa 52244 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. w co IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY - _-•-- HAWKEYE MORTGAGE ACCEPTANCE ) -=' '1 CORPORATION as Assignee of a ) - 1 Mortgage from HAWKEYE BANK ) = L.) OF WASHINGTON COUNTY,N.A. ) tan/051°3"(0 Plaintiff, ) APPLICATION TO REOPEN FORECLOSURE FOR vs. ) OMITTED DEFENDANTS ) JOHN D. KRAMER, ) 1900 BROADWAY HOMEOWNERS ) ASSOCIATION, INC., ) AMERICAN NURSERY PRODUCTS, ) ,_ co HERJUS, INC. D/B/A Nagle Lumber Company, ) IOWA STATE BANK & TRUST COMPANY, ) -, ' c)-+ -- WIESER PRECAST, INC., ) - UM- SELZER-WERDERITSCH, ) T111 NEENAH FOUNDRY COMPANY, ) �� _ CITY OF IOWA CITY, ) r 0 S & G MATERIALS, ) oo MOYER& BERGMAN, ) MELISSA KRAMER, ) PRESTON ENTERPRISES, ) COMES NOW, the Plaintiff, Hawkeye Mortgage Acceptance Corporation, Successor in Interest as Mortgage Assignee, and in support of its Application states to the Court as follows: 1. That Hawkeye Mortgage Acceptance Corporation is the assignee of the mortgage interest of Hawkeye Bank of Washington County pursuant to an Assignment of Mortgage dated March 14, 1997 and recorded on or about April 10, 1997 in Book 2250 at Page 176 as Document No. 18120 of the records of the Johnson County Recorder's office. 2. That Plaintiff has now discovered that by mistake the following defendants: 1900 Broadway Homeowners Association, Inc., American Nursery Products, Herjus, Inc. d/b/a Nagle • • Lumber Company, Iowa State Bank & Trust Company, Wieser Precast, Inc., Selzer-Werderitsch, Neenah Foundry Company, City of Iowa City, S & G Materials, Moyer & Bergman, Melissa Kramer, and Preston Enterprises, were inadvertently omitted as such in the original proceeding. 3. That when the suit began, said Defendants held junior and inferior lien interests to that of the bank against the real estate described in the original Petition. 4. That Plaintiff intended to make the above named parties defendants in the original proceeding and believed that same had been done and that the foreclosure decree would be effective against them. 5. That Defendants' interests in this real estate are junior and inferior to the lien of Plaintiff's mortgage. 6. That Plaintiff realleges against all of the above named defendants all of the allegations of the original Petition as though fully set forth herein. See attached Exhibit"A". 7. That Defendant Iowa State Bank and Trust Company may claim an interest in this real estate as a result of a mortgage from John D. Kramer and Lorna Kramer to Iowa State Bank and Trust Company dated May 6, 1985 and recorded in Book 766, Page 199 on or about May 9, 1985. 8. That Defendant Preston Enterprises may claim an interest in this real estate as a result of small claims judgments Case No. 36113 entered on or about June 3, 1988, Case No. 36042 entered on or about June 28, 1988. 9. That Defendant Melissa Kramer may claim an interest in this real estate asGg result Q of a Decree of Dissolution of Marriage entered October 22, 1990. = �� L w c� • 10. That Defendant City of Iowa City may claim an interest in this real estate as a result of small claims judgments against Jake Kramer as Case No. 36112, Case No. 36113, Case No. 36042, and Case No. 36043 all entered on or about February 11, 1993. 11. That Defendant S & G Materials may claim an interest in this real estate as a result of a judgment entered against John"Jake" D. Kramer on or about June 17, 1994. 12. That Defendant Moyer& Bergman may claim an interest in this real estate as a result of a judgment entered against Jake Kramer on or about December 23, 1994. 13. That Defendant Neenah Foundry Company may claim an interest in this real estate as a result of a judgment entered against Jake Kramer on or about February 10, 1995. 14. That Defendant Selzer-Werderitsch may claim an interest in this real estate as a result of a judgment entered against John D. Kramer a/k/a Jake D. Kramer on or about May 12, 1995. 15. That Defendant Wieser Precast, Inc. may claim an interest in this real estate as a result of a judgment entered against Jake Kramer on or about June 7, 1995. 16. That Defendant Iowa State Bank& Trust Company may claim an interest in this real estate as a result of a judgment entered against John D. Kramer on or about July 25, 1995. 17. That Defendant 1900 Broadway Owners Association may claim an interest in this real estate as a result of a judgment entered against Jake Kramer on or about August 31, 1995. 18. That Defendant Herjus, Inc. d/b/a Nagle Lumber company may claim an interest in this real estate as a result of a judgment entered against John D. Kramer alk/a Jake D. Kramer CO1.13 on or about October 9, 1995. _.c->r.- c-) 03 -72 Lam, v . � C) 19. That Defendant American Nursery Products may claim an interest in this real estate as a result of a judgment entered against John Kramer a/k/a Jake Kramer et al on or about October 20, 1995. WHEREFORE, Plaintiff, Hawkeye Mortgage Corporation Successor in Interest to Hawkeye Bank of Washington County,N.A., prays that the Court grant Plaintiff's Application to Reopen Foreclosure to include omitted parties and for such other relief as the Court deems equitable in the premises. CORRELL, SHEERER, BENSON ENGELS, GALLES, & DEMRO, P.L.C. Attorneys for Plaintiff 411 Main Street, P.O. Box 842 Cedar Falls, IA 50613 ph: (319) 277-4102 fax: 31 • 7-4124 By ato ►`a 44,. C. 1 alles I BA# - 010009194 '.D co Q O _ Z7 r•' 7: Q IV GFS IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HAWKEYE BANK OF WASHINGTON ✓/ '' fi / `/ COUNTY, N.A. , ) ,;.' Plaintiff %., , is ` vs. ) Equity No. 50344, ) JOHN D. KRAMER, ) Defendant ) PETITION IN EQUITY COMES NOW the above-named Plaintiff and for cause of action against Defendant states : 1 . Plaintiff is a banking corporation doing business in Washington, Iowa. 2 . Defendant is an individual whose residence is 829 Dover Street, Iowa City, Iowa, in Johnson County. 3 . On August 24 , 1984 , Defendant made, executed and delivered a Promissory Note in the principal amount of $33 ,750. 00, to American Federal Savings and Loan Association, a copy of which is attached hereto as Exhibit "A" . 4 . To secure payment of said Promissory Note, Defendant also made , executed and delivered a mortgage agreement and rider form for Unit No. 10A in Building No. 1958 , 1900 Broadway, Iowa City, Iowa, copies of which are attached hereto as Exhibits "B" and "C" . On November 26 , 1990, said mortgage and loan was acquired by and assigned to Plaintiff, then known as The National Bank of Washington, as shown by the copy of the Assignment of Real Estate io co Mortgage attached hereto as Exhibit "D" . = o ao =� - v I • 5. Defendant has in the past failed, refused and neglected to pay the monthly installment required by the terms of said Promissory Note. 6 . On May 17 , 1993 , a Notice of Default and Right to Cure was given to Defendant. 7. Defendant remains in default for non-payment of the monthly installments due and owing on August 1, 1994, and each month thereafter. 8 . Plaintiff, as the owner and holder of said note and mortgage is entitled to the entire balance due and owing by Defendant in the amount of $30 , 815 .15 as of February 23 , 1995 , plus interest of $3 . 66 per diem, and the cost of these proceedings , including reasonable attorney's fees. 9 . The Affidavit regarding fees of Plaintiff's attorney is attached hereto as Exhibit "E" . WHEREFORE, Plaintiff prays for judgment personally against Defendant in the amount of $30 ,815 .15 plus interest at the rate of 12% per annum and the costs of these proceedings, including reasonable attorney's fees; for further judgment establishing- and foreclosing the parties' mortgage agreement as a first and superior lien against the property therein described; that a special execution issue for the sale of said property as may be necessary to satisfy the judgment herein, and that Defendant's equity of redemption be barred and foreclosed except as to pch r-- i W rights as are provided by statute; and for such other and further relief as may be deemed just and equitable. l CRAIG BUIKLE 000000100 315 S uth owa Avenue Washi t-on, IA 52353 ( 319 ) 653-6693 ATTORNEY FOR PLAINTIFF STATE OF IOWA ) COUNTY OF WASHINGTON) ss . I , the undersigned, Terry Nielsen, first being duly sworn on oath, depose and say that I am Vice President of Hawkeye Bank of Washington County, N.A. , that I have read the foregoing Petition and I am executing the same on behalf ofsaid corporation by authority of its Board of Directors ; that I acknowledge the execution of this Petition to be the voluntary act and deed of said corporation, by it and by me voluntarily exeucted. Signed this � 1 day of I tu..44t� , 1995 . 4J). f ,Cl Terly Nielsen Subscribed and_ / sworn to before me by the said Terry Nielsen this ,2711Iday of I-.bruar�/ , 1995 . L KRIS BUSSWRZ /�.� C(W(('•'Z 1 MY COMMISSION EXPIRES N tary Public ' and for -a.. ,2.-9� e State o Iowa r , sem, J ro - ut 1p C co rn .... ) „ C co -,„,. 54 • Page 1 of 4 PROTECTED ADJUSTABLE LOAN NOTE WITH CONVERSION OPTION (AML) NOTICE TO BORROWER: THIS NOTE CONTAINS A PROVISION ALLOWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST RATE MAY RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE MAY RESULT IN LOWER PAYMENTS. U.S. $ 33750.00 IOWA CITY, IOWA 52240 (City) (State) AUGUST 24 , 19 84 1. FOR VALUE RECEIVED, the undersigned ("Borrower") promises to pay to the order of American Federal Savings and Loan Association of Iowa ("Note Holder") the principal sum of THIRTY THREE THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars (U.S. $ 33750. 00 with interest on the unpaid principal balance from the date of this Note, until paid, at the initial rate of 12 000% per annum, which interest rate shall increase or decrease as provided below. The interest rate required by this Section and Section 4 below is the rate required to be paid both before and after any default described by Section 5 of this Note. (a) Provided Borrower is current with respect to all payments due on this Note each month for twelve months prior to the date the first, second, third, or fourth "Notice of Periodic Adjustment" pursuant to paragraph 4(a) below is prepared, Borrower may, at Borrower's option, modify the repayment terms of the indebtedness evidenced hereby on the second, fourth, sixth or eighth Change Date (defined in paragraph 4 below). At that time, Borrower may convert the adjustable rate loan evidenced by this .Note into a fixed interest rate loan to be fully repaid in equal monthly payments of principal and interest over the remaining term of this loan (i.e., 29, 28, 27, or 26 years, depending on the conversion date selected). • (b) Note Holder's "Notice of Periodic Adjustment" to Borrower given prior to the second, fourth, sixth or eighth Change Date shall contain the following information pertaining to Borrower's option to convert: i ) the approximate fixed interest rate payable by Borrower if Borrower converts into a fixed interest rate loan (the actual rate will be the rate in effect on the date the conversion is registered); ii) the approximate amount of Borrower's new monthly payment at the fixed rate of interest; iii) a date, at least 15 days from the date the notice is given, by which Borrower must "lock in" an interest rate by telephoning a number provided and registering the conversion with the Note Holder, and a subsequent date (not later than the applicable Change Date) by which • Borrower must complete, execute and deliver to Note Holder a document in the form required by Note Holder evidencing the modification of the Note to provide a fixed interest rate; and iv) the amount of the premium for increased private mortgage insurance, if any, which Borrower will be required to pay in order to convert. (c) The fixed rate of interest payable by Borrower will be three-eighth of one percent above the most recent Federal Home Loan Mortgage Corporation's (FHLMC) 60 day mandatory delivery for 30 year fixed rate mortgages, rounded to the highest one-eighth of one percent. The new fixed interest rate will become effective on the applicable Change Date. to C17, co PAL Note ML- 136 /0584 . .�, Cat # 3136 o0 EXHIBIT "A" Page 1 nc T' 2% w Paye 2 of 4 Borrower's monthly payments at the new fixed interest rate will begin as of the first monthly payment after the applicable Chanye Date. The monthly payment will be the amount that is necessary to repay in full the principal Borrower will owe (assuminy timely payment of all amounts due prior to that date) on that Cnanye Date in substantially equal payments by the Final Payment Date at the fixed interest rate. (d) borrower must reyister the loan for conversion and must complete, execute • and deliver to Note Holder the document evidencing the modification of the Note prior to the applicable dates set forth in Note Holder's "Notice of Periodic Adjustment" as provided in paragraph 1(b). If borrower fails to do so within the specified time frames or if borrower has not been current for each month for the prior twelve months with respect to all payments due on this Note, Borrower can no longer exercise the option to convert. In this case, the terms of this Note will continue in effect without any change. (e) Upon borrower's timely delivery to Note Holder of the executed modification to the Note, Section 4 below shall cease to be effective. 2. Principal and interest shall be payable at 601 Grand Avenue, Des Moines, . Iowa 50307 or such other place as the Note Holder may designate, in consecutive monthly installments of THREE • HUNDRED FORTY SEVEN AND 16/100 Dollars (U.S. $ 347 ib on the first day of each month beginning OCTOBER 1, 19 R4 Such monthly installments, as increased or decreased according to the terms hereof, shall continue until the entire indebtedness evidenced by the Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on SEPTEMBER 01, 2014 ("Final Payment Date"). 3. Each monthly installment shall be applied first to interest then due and the remainder, if any, to principal . For purposes of allocation of any monthly installment payment as between principal and interest, interest shall consist of the outstanding principal balance on this loan immediately prior to allocation of the monthly installment payment times the annual interest rate in effect at that time divided by twelve. All other interest calculations on this loan shall be made on a daily interest basis calculated on the basis of actual days elapsed in a 365-day year. 4. The "Index" is the average of the twenty-six (26) consecutive weekly auction average rates on Treasury bills with a constant maturity of 6 months, as published by the Federal Reserve board in statistical release H.15 (5 19). The average of the twenty-six (26) most recently published figures at the time that • the Notice of Periodic Adjustment is prepared by the Note Holder is called the "Current Index". If the Index ceases to be available, a substitute index authorized by the Comptroller of the Currency shall be used. Subject to the conditions of this paragraph, the interest rate on this Note shall first be increased or decreased beginning on MpF•r-H 1, 19 n , and every sixth (6th) month thereafter (the 'Chanye Date") so that the interest rate hereon is the sum of 3 00 % (the-"Maryin") plus the Current Index value, which sum is rounded up to the next highest one-eighth of one percentage point; subject to the limitations set forth in subparagraph (b) below. (a) Chanyes in the interest rate hereon shall be implemented by chanyiny the . amount of each monthly installment payment to the extent necessary so that future installments will fully amortize this Note over its remaininy term at the new interest rate. Each chanye in installment payments shall begin with the payment due on the first day of the month following the related Change Uate. The Note Holder will mail or deliver to the Borrower a notice • of any changes in the amount of the monthly payment ("Notice of Periodic Adjustment") before the effective date of .any change. The notice will include information required by law to be given and also the title and • telephone number of a person who will answer any questions reyardiny the �D notice. CQ � o EXHIBIT "A" Z c") • Page 2co n ,p r. Page 3 of 4 (b) Any change in the interest rate effective on any Change Date shall be in increments of one-eighth of one percentage point. Any changes in the interest rate effective on any Change Date shall not exceed one-half of one percentaye point. The maximum interest rate which may be imposed shall not exceed the initial interest rate plus 4 percentage points and the minimum interest rate which may be imposed shall not be less than the initial interest rate minus 4 percentage points. 5. If any monthly installment owiny under this Note is not paid when due and remains unpaid after a date specified by notice to the Borrower, or if the borrower is in default under any other terms of this Note or the Mortyaye/Deed of Trust/Deed to Secure Debt with ARM Rider (the "Security Instrument") securing this Note, then at the Note Holder's option the entire principal amount outstanding and accrued interest thereon shall at once become due and payable. If the Note Holder exercises its option to accelerate, the Note Holder shall mail the Borrower notice of acceleration. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which the Borrower may pay the sums declared due or cure other defaults. If the Borrower fails to pay • such sums or cure other defaults prior to the expiration of such period, the Note Holder may, without further notice or demand on the Borrower, invoke any remedies permitted by this Notice and the Security Instrument. The Note Holder may exercise this option to accelerate during any default by the Borrower regardless of any prior forbearance. If suit is brought to collect this Note, the Note Holder shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to, reasonable attorney's fees. 6. The Borrower shall pay to the Note Holder a late payment service charge of 5% of any monthly installment not received by the Note Holder within 15 days after the installment is due to cover the extra expense of handliny delinquent payments. This late payment charge will be collected only once on any late payment. 7. The Borrower may prepay the principal amount outstandiny in whole or in part at any time and from time to time without premium or penalty. Any partial 'prepayment shall be applied first against the accrued but unpaid interest and then to the principal amount outstandiny and shall not postpone the due date of any subsequent monthly installments. Partial payments will reduce the amount of the monthly payments only after the first Change Date following the partial prepayment. However, any reduction to the monthly payment amount due to the partial prepayment may be offset by an interest rate increase. B. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, yuarantors and endorsers, hereof. This Note shall be the joint and several obligations of all makers, sureties, yuarantors and endorsers, • and shall be binding upon them and their successors and assigns. 9. Unless applicable law requires a different method of yiviny notice, any notice to the Borrower provided for in this Note shall be yiven by mailing such notice by first class mail addressed to the Borrower at the Property Address stated below, or to such other address as the Borrower may designate by notice to the Note Holder. Any notice to the Note Holder shall be yiven by mailing such notice by first class mail to the Note Holder at the address stated in paragraph 2 of this Notice, or at such other address as inay have been desiynated by notice to the Borrower. 10. The indebtedness evidenced by this Note is secured by a Security Instrument of even date herewith and reference is made to the Security Instrument for riyhts as to acceleration of the indebtedness evidenced by this Note. 11. If all or any part of the Property or an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Note Holder's prior written consent, Note Holder may, at Note Holder's option, declare all the sums secured by the Security Instrument to be immediately due and payable. However, this optionco shall not be exercised by Note Holder if exercise is not authorized by Federal O o Law. D_, n EXHIBIT "A" co cD Page 3 -` —t, • • Paye 4 of 4 If Note Holder exercises such option to accelerate, Note Holder shall mail Borrower notice of acceleration. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower inay pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Note Holder may, without further notice or demand on a Borrower, invoke any remedies permitted by this Note and the Security Instrument. The Note Holder shall have waived such option to accelerate if, prior to the • sale or transfer, the Note Holder and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to the Note Holder. As a condition to waiving the Note Holder's right to accelerate, the loan terms, including the interest payable on the sums secured by the Security Instrument, the Margin for future interest rate changes, and the maximum interest rate change cap of 4% above or below the initial interest rate shall be subject to modification by the Note Holder. Notwithstanding a sale or transfer, Borrower will continue to be obligated under this Note and the Security Instrument unless Note Holder has released Borrower • in writing. 12. 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: (a) the interest rate or any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits; and (b) any sums already collected from the Borrower which exceeded permitted limits will be refunded to the Borrower. The Note Holder may choose to make this refund by reducing the principal the Borrower owes under this Note or by making a direct payment to the Borrower. If a refund reduces principal , the reduction will be treated as a partial prepayment. 13. If the Note Holder refers this Note to an attorney for collection or seeks legal advice following a default, or if any other judicial or non-judicial action is instituted, or an attorney is employed to reclaim, sequester, protect, preserve or enforce the Note Holder's interest in any real property or other security for this Note, including but not limited to proceedings under the Federal Bankruptcy laws or Federal or State eminent domain laws, borrower shall pay Note Holder's reasonable attorneys' fees and costs. 14. The provisions of this Note shall be governed by the laws of the jurisdiction in which the property which is subject to the Mortgage/Deed of Trust securing this Note is located except to the extent such law is contrary to or inconsistent with the laws, rules or regulations of the United States or to the extent such law restricts activities otherwise pe nnitted to federally chartered savings and loan associations in which event the laws, rules, and regulations of the United States shall govern. 15. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety , or endorser of this Note is also obligated to do these things. Any person who takes over • these obligations, including the obligations of a guarantor, 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 who sign this Note. This means that any one who signs this Note may be required to pay all of the amounts owed under this Note. / 1958 BROADWAY 10A — • - B••rowe JOHN Di Ki RAMER • .. IOWA CITY IA 52240 Okt ��( il,r nq9� mProperty Address � (Execute iriyinal Only) c p LORNA M KRAMERCO EXHIBIT "A" — Page 4 .. N a�l' .• • • 30. ;4-(0 19814 fUG 30 1;1110: 25 [Spee Above This Line For Recording Dauj MORTGAGE ++� THIS MORTGAGE ("Security Instrument")is given onAUGUST 24 , 1984 The mortgagor is JOHN II KRAHER AND LORNA H KRAMER , HUSBAND AND WIFE ("Borrower").This Security Instrument is given to AMERICAN • FEDERAL SAVINGS AND LOAN ASSOCIATION OF IOWA ,whichisorganizedandexisting under the laws of THE UNITED STATES OF AMERICA,and whose address is 601 GRAND AVENUE, DES MOINES, IOWA 50307 ("Lender"). Borrower owes Lender the principal sum of THIRTY THREE THOUSAND SEVEN HUNDRED FIFTY ANII JI4e0•S•S.. 33750. 00 ).This debt is evtdenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on. SEF'TEHB EEk Q1, 014 .This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convey to Lender the following described property located in .County,Iowa: JOHNSON UNIT NO. 10A IN BUILDING NO. 1958, 1900 BROADWAY, A CONDOMINIUM, JOHNSON COUNTY, IOWA, (WHICH UNIT AND REGIME ARE MORE PARTICULARLY DESCRIBED IN A CERTAIN DECLARATION OF SUBMISSION OF PROPERTY TO HORIZONTAL PROPERTY REGIME FOR "1900 BROADWAY," A CONDOMINIUM WHICH WAS DATED THE 9TH DAY OF APRIL, 1980, AND FILED FOR RECORD THE 10TH DAY OF APRIL, 1980, IN THE OFFICE OF THE COUNTY RECORDED OF JOHNSON COUNTY, IOWA, IN BOOK 570, AT PAGE 156 AND FOLLOWING), TOGETHER WITH AN UNDIVIDED .95448 PERCENTAGE INTEREST IN THE LAND DESCRIBED IN SAID DECLARATION AND IN THE COMMON AREAS AND FACILITIES IN SAID HORIZONTAL PROPERTY REGIME, TOGETHER WITH LA AND SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND COVENANTS OF RECORD. THE — CO LANDS SUBMITTED TO THE HORIZONTAL PROPERTY REGIME AND UPON WHICH SAID C." tZ7 UNIT IS LOCATED ARE DESCRIBED AS FOLLOWS: LOTS THREE (3) AND FOUR (4) IN= 2 "PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA," ACCORDING TO THE t �* PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 20, PLAT RECORDS OF JOHNSON Com- co '" • COUNTY, IOWA; AND ALSO BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE SOUTH 0 DEGREES 26 MINUTES' 20 SECONDS WEST 65.86 FEET ALONG THE i - : - 1 EAST LINE OF SAID BLOCK 2, BRAVERMAN CENTER, THENCE NORTH 89 DEGREES —-, 33 MINUTES 40 SECONDS WEST 410 FEET TO THE WEST LINE OF SAID BLOCK 2, O N "' THENCE NORTH 0 DEGREES 26 MINUTES 20 SECONDS EAST 215.09 FEET ALONG THE - WEST LINE OF SAID BLOCK 2 TO THE SOUTHWEST CORNER OF SAID LOT 4 ABOVE r DESCRIBED, THENCE SOUTH 69 DEGREES 33 MINUTES 40 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 4 TO THE POINT OF BEGINNING. THIS IS A PURCHASE MONEY MORTGAGE which has the address of 1958 BROADWAY 10A IOWA CITY (Street[ [City) Iowa 5.224.0 ("Property Address"); (zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, • appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and-all fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will 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 by jurisdiction to constitute a uniform security instrument covering real property. • e r sPIT "B" !.-‘IOWA—Sin le Family—FNMA/FHLMC UNIFORM IN Iv i . Page e IVO!. ��� I-.LE i Form 3Q16 12/83 ML-19/0484 UNIFORM CovENAt' Borrower and Lender covenant and agree as follows: • 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when 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 shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums,if any.These items are called"escrow items."Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency(including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds,analyzing the account or verifying the escrow items,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender,together with the future monthly payments of Funds payable prior to the due dates of the escrow items,shall exceed the amount required to pay the escrow items when due,the excess shall be, at Borrower's option,either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds.If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due,Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. 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 19 the Property is sold or acquired by Lender,Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender at the time of application 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:first,to late charges due under the Note;second,to prepayment charges due under the Note;third,to amounts payable under paragraph 2;fourth,to interest due-,and last,to principal due. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations 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 of amounts to be paid under this paragraph.If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien 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 forfeiture of any part of the Property;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 Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier 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 security 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 claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair le-restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin 'i "'• when the notice is given. C'7 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 CO under paragraph 19 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 secured by this Security � • Instrument immediately prior to the acquisition. _ y • 6. Preservation and Maintenance of Property;Leaseholds. Borrower shall not destroy,damage or substantially v change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, �� Borrower shall comply with the provisions of the lease,and if Borrower acquires fee title to the Property,the leasehold and �. fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. 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 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 rights in the Property. Lender's actions may include paying nny 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. Lt_u EXHIBIT "B" Page 2 7 c/) • • 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 the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. • 8. 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. 9. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu 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 not then due,with any excess paid to Borrower.In the event of a partial taking of the Property, 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 fraction:(a) the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking.Any balance shall be paid to Borrower. 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 I and 2 or change the amount of such payments. 10. 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 Borrower 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. 11. 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 ofparagraph 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,grant 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. 12. 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 n �� 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. CO t 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of ° rendering any provision of the Note or this Security Instrument unenforceable according to its terms,Lender,at its option, •-13 j may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19.If Lender exercises this option,Lender shall take the steps specified in the second paragraph of a paragraph 17. - I •' 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it ar by W mailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the .t 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 severable. 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,Lender 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 L ty time prior to the 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 ajudgment enforcing this Security Instrument.Those conditions are that Borrower: (a)pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration 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 shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had L_1-1,_ , occurred.However,this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. r , ren Gln, VOL 7�. ) f=.GE UJ • .4 NoN-UNIFORM COVET .s.Borrower and Lender further covenant and agree as fo. ,. 19. 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 paragraphs 13 and 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 by judicial 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 19,including, but not limited to,reasonable attorneys'fees and costs of title evidence. 20.Lender in Possession.Upon acceleration under paragraph 19 or abandonment of the Property and at any time prior to the expiration of any period of redemption following judicial sale,Lender(by judicially appointed receiver)shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including those past due.Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents,including,but not limited to,receiver's fees,premiums on receiver's bonds and reasonable attorneys'fees,and then to the sums secured by this Security Instrument. 21.Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. 22.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. 2.3.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 waives any right to a deficiency . judgment against Borrower,the period of redemption from judicial sale shall be reduced to 60 days.The provisions of this paragraph 23 shall be construed to conform to the provisions of Sections 628.26 and 623.27 of the Code of Iowa. 24.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 into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.[Check applicable box(es)] O Adjustable Rate Rider 0 Condominium Rider E 2-4 Family Rider _____. . O Graduated Payment Rider 0 Planned Unit Development Rider O Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms •nd covenants contained ' this Security Instrument and in any rider(s)executed by Borrower and recorded with it. \ / • ._ 2--_ _2 `P/_`:' _(Brat) JOH I KRAMER Borrower — — A —'�� �C --(Seal) L ' M KRAMER —Borrower [Space Below This Una For Acknowledgment] STATE OF IOWA, JOHNSON County ss: On this 24TH day of AUGUST , 134 ,before me,a Notary Public in the State of Iowa, personally appeared JOHN II KRAMER ANII LORNA M KRAMER , HUSBANU AND WIFE ,to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that THEY executed the same asTHEIR voluntary act and deed. . My Commission expires: ✓: f�J���•/(�; . Notary PuOlt n and ter saki County and Stan I ------j • CO L' C7 fT1 t m EXHIBIT r1B" - 1 • Page I .. ca ' =y { I CO .. • ery , ril .VOL IC-0t'.LE U • Page 1 of 2 PROTECTED ADJUSTABLE LOAN RIDER TO THE MORTGAGE/DEED OF TRUST/UEED TO SECURE DEBT (AML) NOTICE: THIS SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS A PROVISION ALLOWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST RATE MAY RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE MAY RESULT IN LOWER PAYMENTS. This Rider is made this 24TH day of • AUGUST 19 84 , and is incorporated into and shall tie deemed to amend and supplement the Mortyaye, Deed of Trust, or Ueed to Secure Debt (the "Security Instrument") of the same date given by the undersiyned (the "borrower") to secure Borrower's Note to American Federal Savinys and Loan Association of Iowa (the "Note Holder") of the same date (the "Note")yand covering the property described in the Security Instrument and located at 1958 BROADWAY 10A IOWA CITY JOHNSON IA 52240 (Property Address) MODIFICATIONS. In addition to the covenants and ayreements made in the Security Instrument, Borrower and Note Holder further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note has an initial interest rate of 12. 00• The interest rate may be • increased or decreased every 6th month on each change Date," as described in the Note. Changes in the interest rate are governed by changes in the Index as defined in the Note. The "Index" is the average of the twenty-six (26) consecutive weekly auction average rates on Treasury Bills with constant maturity of six (6) months, as published by the Federal Reserve Board. The maximum change in the interest rate at any one time is one-half of one per- centage point. The maximum interest rate variation over the life of the loan is four (4) percentage points over or under the initial interest rate. The monthly payment amount may be adjusted every 6th month to take effect on the month following each Change Date as described in the Note. The new monthly payment amount is based on the interest rate in effect on the Change Date and will remain in effect until the month followiny the next succeeding Change Date. B. 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) the interest rate or any such loan charge shall be reduced by the t.p amount necessary to reduce the charge to the permitted limit; and (ii) any _ co sums already collected from [he Borrower which exceeded limits will be refunded to the Borrower. The Note Holder may choose to make this refund by�' � —q1 educing the principal of the Note or by making a direct payment to the p�_... 4� Borrower. If a refund reduces principal , the reduction will be treated as a partial prepayment. 1 • C. CONVERSION FEATURE n ; . •1 (i) Borrower may, at Borrower's option and provided Borrower has been l current on the loan each month-for twelve months prior to the applicable_ Change Date, modify the repayment terms of the indebtedness secured t,J hereby prior to the second, fourth, sixth or eighth Change Date. At that timet Borrower may convert the adjustable rate loan evidenced by the Note into a fixed interest rate loan to be fully repaid in equal monthly payments of principal and interest over the remaining term of the loan (i.e., 29, 28, 27, or 26 years, depending on the conversion date selected). (ii) Note Holder's "Notice of Periodic Adjustment" to Borrower pursuant to parayraph 4(a) of the Nate given prior to the first, second, third, or fourth Change Date shall contain the followiny information pertaining to Borrower's option to convert: (a) the approximate fixed interest rate payable by Borrower if Borrower converts into a fixed interest rate loan (the actual rate will be the rate in effect on the date the conversion is • reyistered); (b) the approximate amount of Borrower's new monthly payment at the fixed rate of interest; and EXHIBIT "C" Page 1 PAL RIDER ML 137/0584 CAT 1/3137 VOL 74.6 1'',OE Si' - Page 2 of 2 (c) a date at least 15 days from the date the notice is given by which Borrower must "lock in' an interest rate by telephoning a number provided and registering the conversion with the Note Holder, and a subsequent date (not later than the applicable Change Date) by which Borrower must complete, execute and deliver to Note Holder a document in the form required by Note Holder evidencing the modification of the Note to provide a fixed interest rate. (iii) The fixed rate of interest payable by Borrower will be three-eighth of one percent above the most recent Federal Home Loan Mortgage Corporation's (FHLMC) 60 day mandatory delivery for 30 year fixed rate mortgages, rounded to the highest one-eighth of one percent. The new fixed interest rate will become effective on the applicable Change Date. Borrower's monthly payments at the new fixed interest rate will begin as of the first monthly payment after the applicable Change Date. The monthly payment will be the amount that is necessary to repay in full the principal Borrower will owe (assuming timely payment of all amounts due prior to that date) on that Change Date in substantially equal payments by the maturity date set forth in the Note at the fixed interest rate. (iv) Borrower must register the loan for conversion and must complete, execute and deliver to Note Holder the document evidencing the modification of the Note prior to the applicable dates set forth in Note Holder's "Notice of Periodic Adjustment" as provided above. If Borrower fails to do so within the specified time frames, Borrower can no longer exercise the option to convert and in this case, the terms of this Note will continue in effect without any change. (v) Upon Borrower's timely delivery of the executed modification to the Note, paragraph A above shall cease to be effective. 0. TRANSFER OF THE PROPERTY Paragraph 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Note Holder's prior written consent, Note Holder may, at Note Holder's option, declare all the sums secured by this Security Instrument to be immediately due and payable. However, this option shall not be exercised by Note Holder if exercise is not authorized by Federal Law. If Note Holder exercises such option to accelerate, Note Holder shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, C o Note Holder may, without further notice or demand on Borrower, invoke any T n Ili remedies permitted by paragraph 18 hereof. -- The Note Holder shall have waived such option to accelerate if, prior to the 9) sale or transfer, the Note Holder and the person to whom the Property is to -v "'i be sold or transferred reach agreement in writing that the credit of such =`',— ..- person is satisfactory to the Note Holder. As a condition to waiving the ��- N —3 Note Holder's right to accelerate, the loan terms, including the interest .. payable on the Note, the Margin for future interest rate changes, (as that co term defined in the Note), and the maximum interest rate change Cap of 4% ,- above or below the initial interest rate shall be subject to modification by the Note Holder. Notwithstanding a sale or transfer, Borrower will continue to be obligated under this Note and the Security Instrument unless Note Holder has released Borrower in writing. By signing this, Borrower agrees to all of the a•.ve _w / - :out eryy - 1 owe oft N KAHER t 7 EXHIBIT "C" Page 2 VOL 1-'J ps'CE U� fBv1ERICAN� • FEDERAL SAVINGS & LOM( � P.O. Box 2506 Iowa City, Iowa 52244 . Dr.) MIEN k_.)R MAIL TO: t' /A National Ba_.., of Washington JAN NO. 6801012415 300 S. Iowa. POOL NO. 7A UN Washington, IA 52353 COUNTY OF JOHNSON ASSIGNMENT OF REAL ESTATE MORTGAGE . KNOW ALL MEN BY THESE PRESENTS: That AMERICAN FEDERAL SAVINGS ASSOCIATION OF IOWA, DES MOINES,IOWA,IN CONSERVATORSHIP,RESOLUTION TRUST CORPORATION AS CONSERVATOR located at 601 GRAND AVE., DES MOINES, IOWA 50309 Party of the first part, in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration paid to it by The National Bank of Washington located at 300 S Iowa Ave., Washington, IA 52353 party of the second part, the receipt of which is hereby acknowledged, does by these presents grants, bargains, sells, assigns, transfers and sets . over unto the said party of the second part that certain mortgage executed by JOHN D KRAMER AND LORNA M KRAMER, HUSBAND AND WIFE to the said AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION OF IOWA the County of JOHNSON State of Iowa, and described in said Mortgage as follows, to witt: Q0C' �f AS DESCRIBED ON SAID MORTGAGE REFERRED TO HEREIN. �I ll FILED NO. 1/5 •;•,...:73 di,. 90 DEC=7 AH 8: 40 which said mortgage recorded on AUGUST 30, 1984 in the of€ice<agJ; h . recorder of JOHNSON County, in the State of,_-:C•-I.Owa in Book No. 726 at Page No. 81 .1'•`'i""I'. '-•1'•W%. as Document No. 2500 on microfilm no. together with the said note therein described, and the money due or to become due thereon, with interest at the rate specified in said note. TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns, forever, subject only to the provisions in the said indenture of mortgage contained. IN WITNESS WHEREOF AMERICAN FEDERAL SAVINGS ASSOCIATION OF IOWA has caused this instrument to be.duly signed this 26th day of NOVEMBER 1990 by its duly authorized officers. AMERICAN FEDERAL SAVINGS ASSOCIATION OF IOWA DES MOINES IOWA IN CONSERVATORSHIP I RESOLUTION TRUST CORPORATION , ; , f ,1 CONSERVATOR s , I -- S* • teo 1 `‘ CD - / BY /J . C7 OHN . JOHN - TLE: ROI—AGING AGENT I 12) _ 00 . STATE OF F_,�t)CL. ) )SS COUNTY OF q.-0 ` ' ) v On NOVEMBER 26, 1990 , before me, - - personally appeared JOHN M. JOHNSON A:— personally -personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as MANAGING AGENT on behalf of AMERICAN FEDERAL SAVINGS ASSOCIATION OF IOWA,DES MOINES,IOWA,IN CONSERVATORSHIP,RESOLUTION TRUST CORPORATION AS CONSERVATOR that executed it. • K, S. HAUGEN $7611., �* MY OMISSION EXPIRES Notary Public in an' for said County and State R.. 1 SI EXHIBIT "D" Page 1 Drafted By: anq18t• is,: 73 Ontrak Assignment Service (OAS.IA.FB) C=S.003.0018 Y i� �lIIIlI � IIII ... . aItIII II 0- c ri,, 4.41 r-01g s nnFRi EXHIBIT "A" • LEGAL DESCRIPTION OF REAL ESTATE Unit No. 10A in Building No. 1958, 1900 Broadway, a Condominium, Johnson County, Iowa, (which unit and • regime are more particularly described in a certain Declaration of Submission of Property to Horizontal Property Regime for "1900 Broadway, " a Condominium which was dated the 9th day of April, 1980, and filed for record the 10th day of April, 1980, in the office of the County Recorder of Johnson County, Iowa, in Book 570, at page 156 and following) , together with an undivided .95448 percentage interest in the land described in said Declaration and in the common areas and facilities in said Horizontal Property Regime, together with and subject to all easements, restrictions and covenants of record. The lands submitted to the Horizontal Property Regime and upon which said unit is located are described as follows: Lots three (3) and four (4) in "part of Block 2, Braverman Center, Iowa City, Iowa," according to the plat thereof recorded in Plat Book 7, page 20, Plat Records of Johnson County, Iowa; and also beginning at the southeast corner of said Lot 4, thence south 0 degrees 26 minutes 20 seconds west 65.86 feet along •the east line of said Block 2, Braverman Center, thence north 69 degrees 33 minutes 40 seconds west 410 feet to the west line of said Block 2, thence north 0 degrees 26 minutes 20 • seconds east 215.09 feet along the west line of said Block 2 to the southwest corner of said Lot 4 above described, thence south 69 degrees 33 minutes 40 seconds east along the south line of said Lot 4 to the point of . beginning. This Deed is given in full performance of a real estate contract between Nineteen Hundred Group, Inc. as Seller and John D. Kramer and Lorna M. Kramer, husband and wife, which contract is dated August 24, 1981 and filed of record August 27, 1981 in Book 607 at nage 58 in the • Office of the Johnson County Recorder. • • • 0 co EXHIBIT "D" c o - m Page 2 ,3 • -O. ; e b GO VOL •ii0 ME 33 i A-fIDAVIT FOR ATTORNEY FEES . Farm 210 11 — --_ Iowa Official Fa;,, Mo. 1 19 - j IN THE DISTRICT COURT OF THE STATE OF IOWA I - il HAWKEYE BANK OF WASHINGTON JOHNSON COUNTY COUNTY, N.A. r Plaintiff Equity No. • , $ vs. xpa1 JOHN D. KRAMER r AFFIDAVIT OF PLAINTIFF'S ATTORNEY Defendant FOR ATTORNEY'S FEES i i I, Craig Arbuckle , being duly sworn, do depose and say that : I am a regular attorney, and one of the attorneys of Plaintiff, and that the fee claimed herein is for services actually rendered in this cause. That there has been and is no.agreement, expressed or implied, between me and my client, or be- -- :i . tween me and any other person unless a practicing attorney engaged as such with me in this cause for any division or shar- . ing of the fee to be taxed. That the Defendant had information of the whereabouts of the contract sued on, and reason- :• able opportunity to pay the same before suit was brought therein. . -- CJ 1 L I , - - • t w- r 1 � 1 - 1 -. 3 S.....+. Gdli%'�4--��.�� -cJ 1V Craig Arbu le __.: - STATE OF IOWA, Washington County, ss. • Subscribed and sworn to by Craig Arbuckle , before me this 28th day of Fabry , A. D.$95? _1 995 . !, • 1.� SUSAN• ua,�Exs • CCS �� YyZc,e� ' UNUMMONDARES Notary Public in and for the • 'J afi4 " State of Iowa - • EXHIBIT "E" ---- _-- 1 • m' • 0 - r riI ›'.7.7 Oi .7! rC..) END OF CASE FILE AO 440(Rev 1/901 Summons in a Civil Action • ntteb States ptstrt.ct QIr ,trt SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION PARK CONSTRUCTION COMPANY, SUMMONS IN A CIVIL ACTION a Minnesota Corporation, Plaintiff,V. CASE NUMBER: THE CITY OF IOWA CITY, IOWA, an Iowa City, Defendant. 3-98 -9.00-7 3 TO:(Name and Address of Defendant) THE CITY OF IOWA CITY, IOWA Attn: Marian K. Karr, City Clerk 410 East Washington Iowa City, IA 52240 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY(name and address) Benjamin B. Ullem August B. Landis Whitfield & Eddy, P.L.C. 317-6th Avenue, Suite 1200 Des Moines, IA 50309-4195 Telephone: (515) 288-6041 Fax: (515) 246-1474 an answer to the complaint which is herewith served upon you, within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. cc C^ -<i -0 } _ o2 u, -,� TAM 1 9 1999 CLERK DATE :'s PUTY LERK AO 440(Rev.V90)Summon in•Civil Action RETURN OF SERVICE • DATE Service of the Summons and Complaint was made by mel NAME OF SERVER (PRINT) TITLE Check one box below to indicate appropriate method of service ❑ Served personally upon the defendant. Place where served: ❑ Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: ❑ Returned unexecuted: ❑ Other (specify): STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on _ Dare Signature of Server Address of Server C,, Lr) 4�= r CE • b ~O 1)As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure. • • IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA . DAVENPORT DIVISION - Y1 o Pi: 1,: Park Construction Company, a Minnesota Corporation, Civil No. Plaintiff, 3 `95 C (J- OC.)-73 VS. vs. COMPLAINT City of Iowa City, Iowa, an Iowa City, co Defendant. =<F- COMES NOW the Plaintiff, Park Construction Company ("Park"), and Rif.:its CJl Complaint against Defendant City of Iowa City, Iowa ("City") states and alleges as folly vs: JURISDICTIONAL ALLEGATIONS 1. Plaintiff Park Construction Company is a corporation incorporated under the laws of the State of Minnesota, with its principal place of business located in Minneapolis, Minnesota. By reason of such facts, Park is a citizen of the State of Minnesota, and of no other State. 2. Defendant City of Iowa City, Iowa is an Iowa City, organized and existing as a political subdivision under the law of the State of Iowa and is located in the State of Iowa. By reason of such facts, City is a citizen of the State of Iowa, and of no other State. 3. As alleged in greater particularity hereafter, the amount in controversy in this dispute exceeds the sum of $75,000.00 exclusive of interest and costs, and is C / 1 ( ) 1 P4 between citizens of different states such that this Court has subject matter jurisdiction over this action pursuant to 28 USC § 1332(a)(1). 4. Defendant City is a resident of this judicial district such that this action is properly venued in this Court pursuant to 28 USC § 1391(a). FACTUAL ALLEGATIONS COMMON TO ALL COUNTS 5. Park is engaged in the business of constructing road, sewer, utility and other heavy construction projects. 6. On or about December 5, 1995, Park entered into Contract 1 South River Corridor -Interceptor and Relief Sewers ("Contract")with City pursuant to which Park agreed to construct and install certain wastewater treatment and collection facility improvements in accordance with the applicable contract documents. 7. Pursuant to the Contract, City agreed to additively adjust the Contract price if Park encountered certain"Differing Subsurface or Physical Conditions"during the performance of the work. Subparagraph 4.2.3 of the Contract's General Conditions defined such Differing Subsurface or Physical Conditions to include any condition which either: 4.2.3.1. is of such nature as to establish that any "technical data"on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or f' :Cr 4.2.3.3. differs materially from that shown or indicated in r the Contract Documents, or y' , (7,1 4.2.3.4. is of an unusual nature, and differs materially c^' from conditions ordinarily encountered and generally 2 recognized as inherent in work of the character provided for in the Contract Documents 8. During Park's and its subcontractor's performance of RCP pipe installation work in October, 1996, on the above-described project Park encountered unforeseen subsurface rock within the pipe zone associated with the 84"diameter jacked highway crossing under Highway 6. Said rock constituted a Differing Subsurface or Physical Condition in that it differed materially from the subsurface conditions depicted in the technical data and Contract Documents,was of such a nature as to require a change in the Contract Documents,was of an unusual nature differing materially from conditions ordinarily encountered, and generally recognized as inherent in the work, and otherwise met the definitions of said Conditions set forth in said Subparagraph 4.2.3 of the General Conditions. 9. By letter dated October 31, 1996, Park timely provided City with written % notice of its encountering this Differing Subsurface or Physical Condition and of its c_ m substantial impact on pipe jacking activities. Park requested a Change Order,changing' F= the pipe grade to clear the rock elevations to avoid the need of additional special-chemical grouting and drilling costs. A true copy of this notice dated October 31, 1996, is attached as Exhibit 1 and incorporated herein by reference. 10. City denied the Change Order and directed Park to continue pipe jacking through the newly discovered rock formation,using specialized chemical grouting procedures to prevent soil and road subsidence above the rock. 11. As a result of Claimant's encountering of such Differing Subsurface or Physical Condition and the City of Iowa City's instruction to proceed with rock removal 3 using specialized jacking methods to prevent soil loss, Claimant incurred the following additional expenses to complete the work: a. Payments to Terracon Consultants, Inc. $437.50 (Additional borings along pipe alignment to determine the limits of rock excavation). b. W.G. Jaques Co.: $60,078.32 (Design and completion of a chemical grouting application to prevent overlying sands from caving in as rock was mechanically removed in front of the tunnel boring head). c. Park Construction Co. $9,078.00 (Crane service to move equipment, material and people in and out of the pit). d. Payments to Lampland, Inc. $63,042.00 (delays to tunnel boring subcontractor caused by required special grouting and for removal of the rock with a hydraulic impact hammer added to their excavation equipment in the boring head). - 12. By reason of its encountering the above-alleged Differing Subsurface or Physical Condition and performance of the special grouting and drilling procedures required by the City, Park is entitled to an additive equitable adjustment in the Contract's price of not less than$132,635.82. City's denial of said adjustment constitutes a material and substantial breach of the Contract's payment provisions. COUNT I 13. Park re-alleges and incorporates by reference herein paragraphs 1 through 12 of its Complaint. 14. The Contract is between Citizens of different states, involves a substantial amount of services and goods supplied by persons whose principal places of business are located outside the State of Iowa and said Contract constitutes a transaction in interstate commerce within the terms of the Federal Arbitration Act, 9 USC § 2. Q co -`� 4 cm 15. The Contract includes written provisions and an agreement to submit disputes thereunder to mediation and binding arbitration within the meaning of the Federal Arbitration Act, 9 USC § 2 and the Iowa Arbitration Act, Iowa Code § 679A.1. A true copy of the relevant dispute resolution provisions of the Contract which provide for such mediation and arbitration under the auspices of the American Arbitration Association are attached hereto as Exhibit 2 and are incorporated herein by reference. 16. Pursuant to the applicable provisions of the Contract and the Federal Arbitration Act, 9 USC § 1 gl seq. and the Iowa Arbitration Act,Iowa Code § 679A.1 gt qeq., Park is entitled to an order of this Court compelling the parties to submit this dispute to mediation and binding arbitration and retaining jurisdiction to enforce any resulting arbitration award by judgment of the Court upon application therefore as provided in the applicable statutes. COUNT II 17. Park re-alleges and incorporates herein by reference paragraphs 1 through 16 of its above Complaint. 18. Park believes that the above-alleged Contract provides for resolution of this dispute by mediation and binding arbitration under the auspices of the American Arbitration Association. However, if it be determined that this dispute is not so subject to binding arbitration then, in the alternative, Park would be entitled to an adjudication and judgment of the Court on its above-alleged claim against City for breach of contract and-_ to recover from City direct and consequential damages proximately caused by City's 3l breach of contract in an amount not less than$132,635.82. a cn 5 REQUEST FOR RELIEF WHEREFORE, Plaintiff Park Construction Company requests that the Court enter its order and judgment for it against defendant City of Iowa City, Iowa as follows: 1. On Count 1 of the Complaint, that the Court issue its order compelling the parties to mediate and arbitrate this dispute in accordance with the provisions of the Contract and applicable statutes and retaining jurisdiction to enter judgment on any resulting arbitration award upon application for such entry as provided by law; 2. In the alternative, on Count 2 of the Complaint, should this dispute be determined to be nonarbitrable,awarding Plaintiff a money judgment against Defendant in the amount of$132,635.82,the amount now due and owing to Plaintiff pursuant to the • parties' Contract; 3. Awarding Plaintiff its costs and disbursements herein and such interest as allowed by law; 4. Awarding such other and further relief as Plaintiff may be entitled to receive under applicable law. co y (ft L:• • 6 • • WHITFIELD & EDDY, P.L.C. 317 Sixth Avenue, Suite 1200 Des Moines, Iowa 50309-4110 Tel: (515)288-6041 Fax: (515)246-1474 By. :enjam. ':. Ullem PK0005651 BY: "A.,Liii.I.C//'I Aug i st : a is PK0009228 -and- A. Patrick Leighton Leonard W. Glewwe MOORE, COSTELLO & HART, P.L.L.P. 1400 Norwest Center 55 East Fifth Street St. Paul, Minnesota 55101-1792 Tel: (612) 227-7683 Fax: (612) 602-2670 ATTORNEYS FOR PLAINTIFF PARK CONSTRUCTION COMPANY Original Filed. I:J901PARMPROHAC.MOT E CD C --- rr IY C." cv 7 PARK CDNSTRUCTIotu coOctober 31, 1996 0 11 Charles Schmadeke Director of Public Works `' • .n City of Iowa City v `� 410 E. Washington Street Iowa City,Iowa 52240-1826 Re: Contract 1 - South River Corridor Interceptor Sewer .Dear Mr Schmadeke, - On October 15, 1996 our tunnel subcontractor, Lampland Inc.,halted work on the Highway 6 sewer jacking due to unforseen rock encountered within the pipe zone. The contract drawings call for the bottom of the 84" RCP to set at approximately elevation 621.00. Along the south edge of the jacking pit,rock was encountered between 621.46 and 622.71.To the west toward Gilbert Street, rock was between 620.96 and 621.81. As noted in the contract soils report from Terracon, limestone bedrock and non-homogeneous soils make jacking very difficult or unfeasible. Preliminary pipe glades near or below bedrock were revised to clear the anticipated rock. Lampland has unsuccessfully attempted to jack through this rock. Grade control is lost because the boring head tends to climb above the rock. Excavating the rock in front of the boring head causes the ground at the tunnel face to "run"creating voids under the roadway that can lead to collapse. Additional borings taken on October 25th for Park under Highway 6 indicate rock within the pipe zone extends horizontally between 33 feet and 80 feet from the jacking pit. In accordance with General Provision Paragraph 4.2.3,Notice of Differing Subsurface or Physical Conditions. we wish to notify the City of Iowa City, the existence of conditions such as to require a change in the Contract Documents(paragraph 4.2.3.2), of an unusual nature,and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents(paragraph 4.2.3.4). We request a Work Change Directive or Change Order be issued as provided for in Article 10. rvr6 Park Conttructton Company (I' !r 7400 B ech Slrcc+NE Mln++cspoit , .4Inncu+ia'S-ii 795 )s chane;61r1MARGO F 1612171%4495? • • We feel the pipe grade can be raised to clear the]mown rock elevation with a minimal effect in contract price.Maintaining the existing grade will require chemically grouting the sands above the identified rock prior to jacking to provide stability in the sands and reduce the risk of ground loss and subsidence under the road.A preliminary cost of S 59,132 far chemically grouting has been proposed to Park without a guarantee as to its effectiveness Additional costs associated with pipe jacking through the grouted sands and rock need to be determined. Your prompt review of this matter is requested to avoid any long term delay with our jacking subcontractors schedule and its effect on the interceptor installation. - Sincerely, PARK CONSTRUCTION COMPANY fedaaland Manager it - . . J • ^ • l l AmericanJ aa,a wP7 __.__ — E TT" GC-A to General Conditions of the E foriattaRscatioa-' demandfor arbitrationw Between OWNER and CON- bit made within the Y or tax.day permed specified is TRACTOR Dated paiaaaph 161 as sppricabie. and is an other cases within a Foe pee with EJCDC Na 1910-8 (1994 ed.) feasoosbie time altar the chain. 4ft:oust or other Beamer is question has aris=and in no coact stall any such demand be made after the date when institution of legal other t in p c based on such daim.dispute or DISPUTE RESOUJIION AGREEMENT question would be barred by the appficable statute of& ita- tioas- OWNER and CONTRACTOR berebY agree that Article 16 16.4. Except as provided in paragraph 16.5 below. no oldie Genail Conditions to the Agreement between OWNER abivatioa arising out doe netaias to the Contract Documents and CONIRACrOR is amended to indudc the following obeli include by conaoradationjoinderor in any ocher manner any other t entity y ENGINEER, ENGI- NEthe ER'spates S Coosultsut and the of6cera, directors. agents. S and octet matters in question ploy or of any of than)who is nota party to this16_t. All claims, est doe neat-neat- contractdracZ unless: between OWNER and CONI'RACIOR a n i g to the Contract Doasmcnts or the breach thereof(except 16 4.t. the inclusion of such otter presets or rarity is for claims which have been waived by the making or gyp' ezis to be rpormor entity those trace of final payment as provided by 14.15)will be necessary if Ilio the a beaafforded.and decided by arbitration in accotdsact with the C who ars already pis Industry Arbitration Rules of the American Arbitration Ate'cie 16.4.2. mach other or entity is substantially - 16 Th then obi,subject arbit tarbitrate � of this or volved in a question d laworfact which is common those 16.This oro oro to red irate as arbitr:riaa y surto as,k�dy parties m the and wtsieh will arise cowed to articuate entered Tato in accordance herewith as provided in this Article 16 will be specifically enforceable under ill sum proceedings,and the prevailing law of any coon having juriscktion. 16.4_3. the written consent of the otter person or entity 16.2. No deor sem to be included and of OWNER and CONTRACTOR demand for arbitration of any claim, dispute �'� obtained for suds incizaion. which shallother matter tint is required to be referred to ENGINEER make speci5c referent= to this paragraph; but no such for decision in accordance with paairaPh 9.11 will be oome�shall aoaaertt to arbarszion of any made until the tetter d(a)the dao on which ENGINEER has descnIsed in such consent or to any dispute to n rendered a written decision or(b)the thirty-first day after not y identified in such consent. parties have presented their evidence to ENGINEER if a with any party written decision has not been rendered by ENGINEER before 16 3. N�P 16 4 if a claim,dispute or that dart.No demand for arbitration dray such daim,dispute 16.5. OWNER and CON'IRA�C- or other matter will be made later than thirty days after the date other matter in question either OWNER or an which ENGINEER has rendered a written decision in TOR involves the Work of a�• as a OWN w the respectce with paragraph 9.11; and the CONIRAGTOR maYj� S� R brty to ce thereof in within said thirty days'period will 'n between OWNER and CONTRA r. ult to demand arbitration% CONTRACTOR shall incl ide in all required by result in ENGINEER':decision beast fatal and binding upon 6.11 a specific provision whereby the� OWNER and CONTRACTOR. If ENGINEER taxdcss a de- paragraph6.11 an arbitration between OWNER ei ion after arbitration proceedings bare been initiated. such being joined to bthe Ryle d re S - decision may be mitered as evidence but will riot the and CONTRACID 16.5 tax in the such Sub of scarce arbitration P�°� except where the decision is accept- trot Nothing in shall create any claim.rust sion able to the parties concerned.No demand for arbitration d any act consenting toand written doasion of ENGINEER rendered in a cadX arwith or cause of action in favor of Cores u inst st paragraph 9.10 will be made later than tea days after the party OWNER. ENGINEER or ENGINEER'S maim such demand has dchvered written ootic=of intention docs cot otherwise cadet. to appcal as provided in paragraph 9.10. 16.6. The award rendered by the arbitructs will be final. 16.3• Notice of the demand for arbitration will be flied in judgment may be entered upon it in any court haviceg jtuisdic- a will not be subjoG to or appeal writing with the other party to the Agrecaint and with the tion thereof.and Lc. Co C- . ['flee remainder of this pale was left blank intentionally.] 2 i -... OC-A1 1 ' ,. 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C♦ M ONS �- •__ nsibility for having complied• Page 6 or from respo for errors or omissions f ar the apo°p 6-.25.1. pDrawings with the provisions SC-14.2 APPLICATION FOR PROGRESS PAYMENT Add the following paragraphs after paragraph 14.2 of the General Conditions to read: P accompanied by Statements of Account Status Suchn Application for Payments shall be equipment ed ed all persons or firms who have provided nd for use an the construction Subcon- tractors CORA cut by ' to the CONTRACTOR, and its Subcontractors, on CON'I'�CTOR, shall be made on the pursuant to this Contract_ Such statements ternents shall be collected fromCTOR prior the tors and material Par suppliers by theroved by CONTRA formractors and and equipmentlication for Payment, provided by the OWNER and shall be reviewed ubmisspon with App p R shall also provide, oand those of its Subcontractors to satisfactory ysubmission. CONTRA CTOR's employees satisfactory evidence that all of the COI�TI'RA C,I,OR for the performance to work or have been paid in full. the CpT1TTlA, shall C4nrnin,a provision of the effect Each labor, m tenialenterord ietut by to the projectCrOR s request statements ell that the of racterialesh ll provide at the CONTRA in that eq OWNER has no of that the other contracting p ty R, and a nowledg S on account of obligationaccount status ay submission to the o f aNE a or secure payment of any sums to such other contracting pa labor, rty tor payprovided to the project. R shall make material or equipment periodically submitted to it, the OWNER ER shall progre Application for Payments pprovided. The for the payment of Based or ApoCONTRACTOR, calculated as hereafter partial deduct payments toiCONI"RA ed byChapter 573 of the Iowafrom the and as e all from the estimated value of work doned5% of such amount, as security deduct provided and shall deduct liens and claims against the project all sums chargeable against the CONTRAC- TOR forppayments madef the Contract by CONTRACTOR,previous paymums ao the CQnRA ton forms to be provided TOR b and all sums to be retained under the provisions of the Cantrac n paidthe Cto be vide Each Application for Paayment Iowa sales taxshall include a eandluse taxa d byan of Oe Work. TOR the OWNER showing the mad and its Subcontractors on all materials which have become a ca compliancea all data to vcrify�$p041. cient t Application for Pof attached Genment shall include teral Decision Number IAj with minimum wage rate requirements SC-16 DISPUTE RESOLUTION which shall be neutral and ion of the mediator's fees, rah pis Utes shallur be partypaying their port p Mediation with each P Y S regiment on said mediator, mutually ngTeable to all parties. In the absence of agreement � resolved In law or equity. SC-1'7 MISCELLANEOUS �� to read: Add the following paragraphs I. R ulations a Compliance with OSHA gig requirements of 29 CFR and 29 CFR 1926 (Construction Industry Standard.) The 17.6 The Contractor and all subcontractors shall comply with the nce Standard) Contractor1910 (General Industry i and all subcontractors are solely responsible for compliance Employment Practices END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY BERNADETTE REBAL ) NO. LACV059282 Plaintiff, ) v. ) ROY L. YELDER; FLORENCE WIKEL, ) MOTION TO AMEND JANET L. MOORE and ROBERT ) PETITION TO ADD PARTY Lo WIKEL; ANNETTE SCHLAEGEL, ) JULE KASPAR,JR. and BETTY LOU ) r; d -17 KASPAR, MARY LYNESS; SAMCO OF ) c- -- IOWA CITY, an Iowa Corporation, and ) F. �� DONALD STALKFLEET, ) <_. - C' Defendants. = v, COMES NOW the Plaintiff, and, for her Motion to Amend Petition to Add Party, states to the Court as follows: 1. Plaintiffs proposed amendment seeks to add a new party Defendant: The City of Iowa City. Plaintiffs proposed Amended Petition at Law is attached hereto as Exhibit A. 2. The Defendants will not be prejudiced by the addition of this party. WHEREFORE, Plaintiff prays the Court allow Plaintiff to amend her Petition as proposed by the attached Amended Petition at Law and that the filing of the attached Amended Petition be deemed the filing of said amendment for all subsequent purposes of this case. Respectfully submitted, ARTIN A. DIAZ 000009676 *n 5" 8 South Clinton Street >:.-- -` Iowa City IA 52240 — 319-339-4350 telephone - r• 319-339-4426 facsimile o= w Attorney for Plaintiff L cn G ( • Richard Johnson 101 2' St. SE PO Box 5878 Cedar Rapids IA 52406 Attorney for Wikel, Moore &Wikel Connie Alt 500 Firstar Bank Bldg. PO Box 2107 Cedar Rapids IA 52406 Attorney for Defendant Roy L. Yelder informational copies: George Gartelos Highland Insurance Group PO Box 37 co Marion IA 52302 v- Illinois-Iowa Claim Service r,-- o t Attn: Chuck Brummond --' -Q ill PO Box 2598 _ ; Iowa City IA 52244 p //foot of§vrvicc Fiic IIflf�Ef21 flEE!EEHILIE4 Ilial the foregoing instrument was served PP SII{iffl!a 19,411E ahPvo eauic to each of the attorneys of F g0 frApe'tive a4dresses disclosed on the pleadings or — 14 Gtr p � § 311 Fax —4 14h�PIAXgei4 UPS idiiall iVeilk% Other IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY BERNADETTE REBAL ) NO. LACV059282 Plaintiff, ) V. ) o ) rJ p ROY L. YELDER; FLORENCE WIKEL, ) - JANET L. MOORE and ROBERT ) fir,., =' WIKEL; ANNETTE SCHLAEGEL, ) AMENDED ox c,�, • JULE KASPAR, JR. and BETTY LOU ) PETITION AT LAW �„ w KASPAR, MARY LYNESS; SAMCO OF ) (Jury Demand) IOWA CITY, an Iowa Corporation, ) DONALD STALKFLEET, and the CITY ) OF IOWA CITY ) Defendants. ) COMES NOW the Plaintiff, and for her cause of action against the Defendants, states as follows: 1. Plaintiff Bernadette Rebal is a resident of Iowa City, Johnson County, Iowa. 2. Defendant Roy Yelder is a resident of Johnson County, Iowa and is the owner of property located at 211 Iowa Avenue, Iowa City, Johnson County, Iowa. 3. Defendant Florence Wikel is a resident of Johnson County, Iowa and is an owner of property located at 2 South Dubuque Street, Iowa City, Johnson County, Iowa, and 4 South Dubuque Street, Iowa City, Johnson County, Iowa. 4. Defendant Janet L. Moore is a resident of Johnson County, Iowa and is an owner of property located at 2 South Dubuque Street, Iowa City, Johnson County, Iowa, and 4 South Dubuque Street, Iowa City, Johnson County, Iowa. • EXHIBIT A 4 5. Defendant Robert Wikel is owner of property located at 2 South Dubuque Street, Iowa City, Johnson County, Iowa, and 4 South Dubuque Street, Iowa City, Johnson County, Iowa. 6. Defendant Annette Schlaegel is a resident of Johnson County, Iowa and is an owner of property located at 6 South Dubuque Street, Iowa City, Johnson County, Iowa. 7. Defendants Jule Kaspar, Jr. and Betty Lou Kaspar are residents of Eugene, Oregon, and are owners of property located at 6 South Dubuque Street, Iowa City, Johnson County, Iowa. 8. Defendant Mary Lyness is a resident of Princeton, New Jersey, and is an owner of property located at 6 South Dubuque Street, Iowa City, Johnson County, Iowa. 0. Defendant SAMCO of Iowa City is an Iowa Corporation that, at the time of the incident mentioned herein, was the owner of property located at 10, 12, and 14 South Dubuque Street, Iowa City, Johnson County, Iowa. 10. Defendant Donald Stalkfleet is a resident of Johnson County, Iowa, and is the current owner of property located at 10, 12, and 14 South Dubuque Street, Iowa City, Johnson County, Iowa.. 11. The City of Iowa City is a municipality and has either ownership or property interests in the subject property. 12. All of the above named Defendants have a legal interest in property described as follows: An alley or right of way commencing at a point 82 feet east of the' corner of Block 66 in Iowa City, Iowa, according to the recorded: plat thereof, running thence south 150 feet, thence east 18 feet,r' ; • thence north 150 feet, thence west 19 feet to the point a5 w r beginning. C-3 13. On or about April 3, 1997, Plaintiff Bernadette Rebal was lawfully on the subject premises. 14. At the time of the incident, the property owned by the Defendants was cracked and uneven, creating a condition which caused Plaintiff to fall, resulting in personal injuries. 15. Defendants were negligent in creating or maintaining the condition on the premises that involved an unreasonable risk of injury to Plaintiff and for failing to warn the Plaintiff of the hazardous condition. 16. Defendants' negligence was a proximate cause of injuries to Plaintiff. 17. As a result of Defendants' negligence, Plaintiff has sustained damages which include, but are not limited to, past, present and future physical pain and mental suffering; past, present, and future medical expenses; past loss of income; and past, present, and future loss of full body. 18. Plaintiffs damages exceed the jurisdictional requirements of Rule 3, Iowa Rules of Appellate Procedure. REQUEST FOR JURY As part of this Petition, the Plaintiff requests a jury trial. WHEREFORE, Plaintiff Bernadette Rebal prays for judgment against Defendants in an amount that will reasonably compensate her and for interest and costs as provided l?y,law. o _ r o . c-) � W c Respectfully submitted, MARTIN DIAZ LAW FIRM M. rtin A. Diaz 011009676 52; S. Clinton St. Iowa City, IA 52240 (319) 3394350 telephone (319) 339-4426 facsimile Attorney for Plaintiff copy: Richard Johnson 101 2' St. SE PO Box 5878 Cedar Rapids IA 52406 Connie Alt 500 Firstar Bank Bldg. PO Box 2107 Cedar Rapids IA 52406 informational copies: George Gartelos Highland Insurance Group PO Box 37 Marion IA 52302 0` m Illinois-Iowa Claim Service 7)- Attn: )_Attn: Chuck Brummond - : o r'"0 PO Box 2598 <` Iowa City IA 52244 ES=` END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY THE RIVER PRODUCTS COMPANY,INC.#42-0493820 ) ) Plaintiff, ) NO. EQCV058826 vs. ) ) NEW HORIZON FS, INC.; CITY OF IOWA CITY, ) IOWA; DEL-CLAY FARM EQUIPMENT; PETERSON ) ORIGINAL NOTICE CONTRACTORS,INC.;IOWA CITY READY MIX,INC. ) CROELL REDI-MIX,INC.; U.S. FILTER/WATERPRO, ) (SHERIDAN AVENUE) INC.; CONTRACTORS MACHINERY, INC.; CHRIS ) JONES TRUCKING; IOWA CONCRETE PRODUCTS ) CO.; CASE EQUIPMENT COMPANY; NIKOL ) BORING,INC.; MIDWESTERN CULVERT, LTD.; ) QUINN EQUIP-MENT, INC.; L.L. PELLING CO.; ) MIDWEST CONSTRUCTION & CRANE SERVICES, ) INC.;AND WESTERN SURETY COMPANY, ) ) Defendants. ) IOWA CONCRETE PRODUCTS CO. O Cross Claimant ) D c-D vs. ) _-- O o MIDWEST CONSTRUCTION AND CRANE SER- ) ;G r -D r-- VICES INC.,and WESTERN SURETY COMPANY, ) Oz � ry Cross Claim Defendants. ) w TO THE ABOVE-NAMED CROSS-CLAIM DEFENDANT(S): You are notified there is an Amended and Substituted Answer and Cross Claim of Iowa Concrete Products Co.to Petition on file in the office of the clerk of the above court. A copy of this filing is attached. The Cross Claimant's attorney is Kevin H. Collins for Shuttleworth& Ingersoll,P.C. whose address is 500 Firstar Bank Building, P.O. Box 2107, Cedar Rapids, IA 52406. The Cross Claimant's attorney's phone number is 319-365-9461,with a facsimile transmission number of 319-365-8564. You must serve a motion or answer within 20 days after service of this Original Notice upon you, and within a reasonable time thereafter file your motion or answer in the Iowa District Court for Johnson County,at the county courthouse in Iowa City,Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 1-319-398-3920 ext. 200. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). EDWARD F. STE e,; R.LCH .%/dad 414filLeAlr I./. , I /.• (SEAL) Clerk of the A'ove Court Johnson County Courthouse Iowa City,IA 52401 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 9B ,Cj/ IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY fj '��P2 `% (<O THE RIVER PRODUCTS COMPANY, INC. #42-0493820 ) .0 ''y "/ ,y NO. EQCV058826 �,r Plaintiff, ) •.ljJ��'rf vs. ) ) IOWA CONCRETE PRODUCTS' NEW HORIZON FS, INC.; CITY OF IOWA ) AMENDED AND SUBSTITUTED CITY, IOWA; DEL-CLAY FARM EQUIP- ) ANSWER AND MENT; PETERSON CONTRACTORS, INC.; ) CROSS CLAIM IOWA CITY READY MIX, INC. CROELL ) REDI-MIX, INC.; U.S. FILTER/WATERPRO, ) INC.; CONTRACTORS MACHINERY, INC.; ) (SHERIDAN AVENUE) CHRIS JONES TRUCKING; IOWA ) -.• CONCRETE PRODUCTS CO.; CASE ) EQUIPMENT COMPANY; NIKOL BORING, ) INC.; MIDWESTERN CULVERT, LTD.; ) QUINN EQUIPMENT, INC.; L.L. PELLING ) CO.; MIDWEST CONSTRUCTION& CRANE ) SERVICES, INC.; AND WESTERN SURETY ) COMPANY, ) ) Defendants. ) ) IOWA CONCRETE PRODUCTS CO. ) ). Cross Claimant ) o vs. ) j ) MIDWEST CONSTRUCTION AND CRANE ) o SERVICES INC., WESTERN SURETY COMPANY, and CITY OF IOWA CITY. )) Cross Claim Defendants. ) ca Iowa Concrete Products Company, Inc., files this Amended and Substituted Answer and Cross Claim to add Paragraph 8 to the Cross Claim to include the City of Iowa City. The Amended Answer and Cross Claim remains the same as the original in all other respects. • ANSWER TO PETITION m CD For Answer, Defendant Iowa Concrete Products states: y o CD-C C") 1. The allegations of Paragraph 1 are admitted. o • 2. The allegations of Paragraph 2 are admitted. - w w 2. [sic] The allegations of Paragraph 2 [sic] are admitted. 3. The allegations of Paragraph 3 are denied for lack of information. 4. The allegations of Paragraph 4 are denied for lack of information. 5. The allegations of Paragraph 5 are denied for lack of information. _4. 6. The allegations of Paragraph 6 are denied for lack of information. 7. The allegations of Paragraph 7 are denied for lack of information. 8. The allegations of Paragraph 8 are denied for lack of information. 9. The allegations of Paragraph 9 are denied for lack of information. 10. The allegations of Paragraph 10 are denied for lack of information. 11. The allegations of Paragraph 11 are denied for lack of information. 12. The allegations of Paragraph 12 are denied for lack of information. 13. The allegations of Paragraph 13 are admitted. 14. The allegations of Paragraph 14 are denied for lack of information. 15. The allegations of Paragraph 15 are denied for lack of information. 16. The allegations of Paragraph 16 are denied for lack of information. 17. The allegations of Paragraph 17 are denied for lack of information. 18. The allegations of Paragraph 18 are denied for lack of information. 2 19. The allegations of Paragraph 19 are denied for lack of information. o co y" 32. .1 1 20. The allegations of Paragraph 20 are admitted. - o 21. The allegations of Paragraph 21 are admitted. M s 1 22. The allegations of Paragraph 22 are admitted. y w 23. This paragraph does not assert claims against Defendant Iowa Concrete Products Co, and, therefore, no response is made. WHEREFORE, Iowa Concrete Products prays the Court adjudicate the amount of the retained percentage in the hands of the City and order it used to pay Iowa Concrete's claim as well as adjudicate the validity of the amount and priority of all claims filed with the City pursuant to Chapter 573 Code of Iowa and for such further relief as is equitable. CROSS CLAIM AGAINST MIDWEST CONSTRUCTION AND CRANE SERVICES INC., WESTERN SURETY COMPANY,AND CITY OF IOWA CITY For its Cross Claim against Midwest Construction and Crane Services,Inc.,Western Surety Company,and the City of Iowa City,Iowa Concrete Products states: 1. Iowa Concrete Products is a company organized and existing under the laws of the State of Iowa with its principle place of business in West Des Moines,Polk County,Iowa. 2. On July 15, 1997,the City Council of Iowa City entered into a written Contract with Defendant Midwest Construction and Crane Services for the construction of the Sheridan Avenue Sanitary Sewer Bypass Project in the City of Iowa City. A copy of the contract is attached to the Plaintiff's Petition as Exhibit A. 3 3. Midwest, as principal and Defendant Western Surety Company, furnished bond in the sum of$144,318.00 incident to said work. A copy of the bond is attached t-the Pgtion as Exhibit B. cl o 4. Iowa Concrete Products furnished concrete pipe for the perforancef Contract,pursuant to an oral subcontract with Midwest. .. , C.4 5. Attached to this Cross Claim,as,Exhibit Iowa Concrete-1 is a copy of the statement of claim of Iowa Concrete Products Co., concerning this Project, representing concrete pipe provided to Midwest,at Midwest's request,which Exhibit sets forth the total amount(tale product provided and the total sum due and owing to Plaintiff in the amount of$6,561.93 plus accruing interest. The original claim was filed on behalf of Iowa Concrete with the City of Iowa City pursuant to Chapter 573,Code of Iowa(1997)on December 12, 1997. 6. The date of final acceptance of the Project as defined in Chapter 573 was January 27, 1998. 7. Suit was filed less than sixty days and more than thirty days after final acceptance of said improvement by the City. 8. The City of Iowa City has a retainage from the contract balance due to Midwest,but has not paid Cross Claimant, Iowa Concrete Products, any part of that retainage upon the claim filed by it. 9. Attached hereto as Exhibit Iowa Concrete 2 is its attorney's Affidavit for Fees. WHEREFORE,Iowa Concrete prays for judgment against Midwest and Western Surety for Iowa Concrete's unpaid Contract in the amount of$6,561.93 plus interest and costs,and attorney's 4 fees, as authorized in Chapter 573, Code of Iowa (1997). Iowa Concrete further prays the Court adjudicate the amount of the retained percentage in the hands of the City,order it used to pay Iowa Concrete's claim as well as adjudicate the validity of and the amount and priority of all claims filed with the City pursuant to Chapter 573,and for such further relief as the Court deems equitable. 4 KEV 3. OLEINS LI0000944 for SHUTTLEWORTH& INGERSOLL, P.C. 500 Firstar Bank Bldg., P.O. Box 2107 Cedar Rapids, IA 52406 PHONE: (319)365-9461 FAX: (319) 365-8564 ATTORNEYS FOR IOWA CONCRETE PRODUCTS CO. m norm Q � D= =a r : 1 w 5 Copy to: C.Peter Hayek Bruce A. Willey,Esq. Hayek,Hayek&Brown, L.L.P. 1921 51"Street N.E.,Suite 2A Bremer Building Cedar Rapids, IA 52402 120''/2 East Washington Street Attorney for Contractors Machinery, Inc. Iowa City,IA 52240-3976 and Case Equipment Co. Attorney for The River Products Co. Robert S.Michael,Esq. Douglas S.Russell P.O.Box 1757 Stein,Russell&Pugh,L.L.P. Iowa City IA 52244-1757 P.O. Box 2416 Attorney for Chris Jones Trucking Iowa City IA 52244 Attorney for New Horizon FS,Inc. Marc W.Casey,Esq. P.O.Box 274 Eleanor Dilkes Dyersville,IA 52040 Attorney for City of Iowa City Attorney for Nickol Boring,Inc. 410 East Washington Street Iowa City IA 52240 Brian Stone,President Midwestern Culvert,Ltd. William D. Werger,Esq. 1114 S.E.Lorenz Drive 401 East Main Street Ankeny,IA 50021 Manchester IA 52057-1717 Attorney for Del-Clay Farm Equipment Pat K.Quinn,President 3 3E Quinn Equipment,Inc. Kurt R.Leistikow, Esq. P.O. Box 293 P.O.Box 193 Marion,IA 52302 C-3 O r. Reinbeck,IA 50669r -n r`�i Attorney for Peterson Contractors, Inc. David Beachy,Office Manager L.L.Pelling Co. N Duane Tack,General Manager P.O. Box 38 .. w Iowa City Ready Mix, Inc. North Liberty,IA 52317 P.O.Box 629 Iowa City IA 52244 Robert J.O'Shea Brady&O'Shea P.C. Tim Herold,Manager 2735 First Avenue S E Croell Redi-Mix,Inc. Cedar Rapids IA 52402 300 50th Avenue Court S.W. for Midwest Construction&Crane Services,Inc. Cedar Rapids,IA 52404 Brent Beaty,Claims Attorney Steven H.Lytle Western Surety Company Nyemaster Goode Voigts West Hansell&O'Brien, 950 Echo Lane,Suite 250 P.C. Houston,TX 77024 700 Walnut, Suite 1600 Des Moines IA 50309-3899 r'F t r F rATE,r)F-S .r,y rz Attorneys for Waterpro Supplies Corp. t 4r)rs;g'ed hereby certifies that a ulpy .? n; :9nt was served upon counsel of recr,:#1 n party to the action in compliance he'ith kW" F;.::.r.ct(o)on: '21/itA4V/ 6 ,nig (j( U.S.Mail ( j FAX f ;liaqd De,rierred j AirBorne Egress • as CO NOTICE OF CLAIM FOR MATERIAL -a- PURSUANT PURSUANT TO §573.7, CODE OF IOWA 1997 S7 w TO: CITY COUNCIL OF CITY OF IOWA CITY RE: PUBLIC IMPROVEMENT PROJECT c..a CITY OF IOWA CITY, SHERIDAN AVENUE SEWER BYPASS PROJECT; GENERAL CONTRACTOR MIDWEST CONSTRUCTION & CRANE SERVICES, INC. f/k/a MIDWEST CONSTRUCTION YOU AND EACH OF YOU ARE HEREBY notified that, pursuant to Chapter 573, Code of Iowa, Iowa Concrete Products Co., Inc. has filed the attached Statement of Claim pertaining to the above project with the City Clerk, City of Iowa City, Iowa. )(\:g K . COLLINS LI0000944 for SHUTTLEWORTH & INGERSOLL, P.C. 500 Firstar Bank Bldg., P.O. Box 2107 Cedar Rapids, IA 52406 PHONE: (319) 365-9461 FAX: (319) 365-8564 ATTORNEYS FOR IOWA CONCRETE PRODUCTS CO., INC. LO C7 Ia --- N , C.) .4. EXH , 8,r IOWA C,oNCRETE-I F ! L 7 DCD 4'J M/ 19IT 11\1;1111PORT OF CLAIM FOR MATERIAL:II" tp!pgS(IT N TO §573.7, CODE OF IOWA 1997 -. `\' {O?tA CITY. IOWA -- STATE OF IOWA ) :. SS: ca COUNTY OF LINN ) I, Kevin H. Collins, being first duly sworn on oath,depose and state: 1. I am the attorney for Iowa Concrete Products Co., Inc. and am authorized to execute this Affidavit on its behalf. 2. Iowa Concrete Products Co., Inc. has supplied materials to the general contractor •}Y Midwest Construction & Crane Services, Inc. f/k/a Midwest Construction on City of Iowa City, Sheridan Avenue Sewer Bypass Project. 3. As more fully set forth in the attached invoices and statements, Iowa Concrete Products supplied materials to the general contractor Midwest Construction & Crane Services, Inc. filch Midwest Construction, for the City of Iowa City, Sheridan Avenue Sewer Bypass Project during the months of August through November 1997. 4. The amount now due and owing to Iowa Concrete Products Co., Inc. is Six Thousand Five Hundred Sixty One Dollars and Ninety-Three Cents ($6,561.93) with interest thereon at 18% per annum from November 29, 1997. 5. Iowa Concrete Products Co., Inc. charges 1.5% per month on the unpaid balance of accounts. 6. As of November 29, 1997, the total outstanding balance due, including the charge for unpaid balances, was Six Thousand Five Hundred Sixty One Dollars and Ninety-Three Cents ($6,561.93). ,... ., !----' 98 MAR 30 PM 2: 314 CFI l CLERK cd r r) il, i• ').11 91 DLIC I , p.11 t i• ...-.:• IOWA CITY. 10 WA 3 • •• ...i i : -•. .i...,-:..o, %1 1 11 IP 1 4-4 t4..1 0 0 ›N 0 cd J1 1 +A ".1 j up ‘11 iti.V.... Icn I 1 I IU i 1 i•.% EA Ci) 4-I ..• Z ..:j TS , 0 , CI 'd 0 ...., lik. •.... ... a .....; - 0 ilia > 4.) >, 15 z C .0 Z tl) E . . 1—. to c4 0 urti ›"' <4.• 0 mit. .0 (1)cq n-in (i) 0 0 t--2'- ["" 2-(t2g z E ITc--ci ¢ 0 012 rx -o . .. • . .. r'- ' ON C4 u) •-• .0 . L14 CI) cA ...0 E a) c.) 0.) .... . i. . _.. • + IOWA CONCRETE PRODUCTS CO. 4401 WESTOWN PARKWAY, SUITE 121 WEST DES MOINES, IOWA 50266-6721 fRtt TELEPHONE: ( 515 ) 223-8761 PLEASE RETURN THIS STUB WITH YOUR PAYMENT CUSTOMER NO. R/S NO. STATEMENT DATE PAGE MIDhEST ;,ONST C CRANE SERV INC 564095 1 827204 111- 29-971 1 955 C I M M I E AVE NE TRANSACTIONS AFTER STATEMENT DATE WILL APPEAR NEXT MONTI CEDAR RAPIDS IA 52402- 1255 SHIP TO: 2118 PROJECT P.O.NO. MON.NO. ' IOWA CITY - SHERIDAN AV SEWER BYPASS DATE TRANSACTION INVOICE ✓ I DISCOUNT SALES TAX CHARGES CREDITS BALANCE PREVIOUS BALANCE 10-25-97 6 ,318. 17 11-12-97 INVOICE 508105 7. 23 17 .22 361.62 6679. 79 11-12-97 CR IEMO 505143 13 .28- 273.3C 6405. 41 11-29-97 INVOICE 508468 1 .46 3.49 73.13 64-79 .6C •''. 11-29-97 INVOICE 508577 .00 .00 62 .33 6`61 .93 Up H�t CO o " "f1 -, -- c3-(4 r- • -v cow n? L') • • }Utl 8.69 7 .43 517. 14 273.33 TOTAL DISCOUNT TOTAL TAX TOTAL CHARGES TOTAL CREDITS $8.69 DISCOUNT MAY BE DEDUCTED ON CURRENT INVOICES IF ACCOUNT IS PAID BY 12-15-97 CURRENT INVOICES $243.76 11-97A • 'PAST DUE INVOICES $5,762.21 P I, 6,561 .93 78-00 12 I 10 115-o57 P.00 00.00 00.00 1)15 118.00 1 65553.24 1 STATEMENT TOTAL SLM CAT TYP EX JJJ STATE/CO CD PER TD NET IOWA CONCRETE PRODUCTS CD. ( R/S NO. 827204' ,� ...■v.v— ( A,, iviK- 1/ V:-"1 ►/ JOT I+JNA CONCr. r:T; RRO.)IJCTS C:). CO, 65 44Ol NEST Wy P. r i AYt SUITE 121 FISCAL ? li .ritil: 11-97 ❑ WCST UES MCIh;ES , IOWA 50266-6721 RUN 7AT�: 12/03/97 3A TEL PHONi:: ( r,151 z23-6761 KP: ':e412:22 P.M. 0 COPPCRAT IJN as INTEREST CNAr(.Vii) INVOICE NO. DATE PAGE SOLD MIDWEST COAST C CRANE SFRV INC I rOF,468 11-29-97I 1 STATE- TA7t 05 .000. MMIT0: 955 CIMMIE. AVEC NE EXEMPT CODE CC CITY TAX 00.00C' CEDAR RAPIDS IA 52402-1255 COUNTY TAX 00.000 CUSTOMER ORDER NO. REQUISITION NO. SHIP I I TO: PROJECT � TAX EXEMPTION CUSTOMER NO. R/S NO. IOWA CITY — s_;HERIVAN AV SEWER SYPASS I I 564095 827204 --- SLM CAT TYP EX STATE/CO CD PER TD COMM •-FOB OUR PLANT THIS INVOICE E.T.X EXEMPT ITEM COVERS SHIPMENTS 78r0013211. 100115-057102.00 00.00 CJ.00) JflLS IL�I.00 o{).GAJ I ?.J:1 I� I ON NGTICKETSNG CITY ^C:) RES"c'= V. 00 CLASS FEET/ CODE TICKET NO. meg Ay SUBST. PIECES METERS UNIT PRICE PER AMOUNT MpiDAY EXT TIGHTENING TJC;L 1. ....._...--- 85.00 EA „5.00 c= 027776 11-26 1100 C%%2v12 03F 00 S U'.T OT A L W.5.00 0 LESS 18.00% TRADE CISCUUt T 15.'0-- 8 PLUS 5.000~, STATC TAX (ON $69 '•49 ( • - o °D -..i I: , 14 C"3- ('J r.�' -v r 1 m nc • . y w 1 i I $1 .4( 01 EC J .PiT "A.Y UE. !?E.DI)CT[ is IF AC!;' li^:T IS BATCH: 5C11G61 i AIO 4Y 12-1.: —'?7 -'.;) 69.70 .00 N^:i—STATE. • I':ET AMOU(.T i''UL 14.-31-97 573. 19 ^C .00 .00 :iON—CITY ~ 1.5.)% PEP. M•::ATM' LATE CHART,;. ON PA;,T iI t c.';':1,,QTS C h'i•24 •0r., n1^,i—COUIJTY . STATE OFFICE COPY LOADING TICKET -- NO. 82 - 1 1 .1 0 . (ID . 827776 IOWA CONCRETE PRODUCTS CO. MANUFACTURER OF ENGLISH CRF_TEX CONCRETE PIPE AND PRECAST PRODUCTS INVOICE . t. SOLD TO MIDWEST CONSTRUCTION pLArrr CEDAR RAPIDS CUSTOMER DATE ORDER NO. 11 /26/97 LEFT PLANT AT I DELIVERED REQUISITION TIME3:24 PM SHIP TO SHIPMENT cIFDIFERENT IOWA CITY ORDERED ` THAN SOLD TO) AT(CITY) HAULER 00 F O B RECORD OF PROJECT SHERIDAN AVE SEWER BYPASS SALE 827204 DELIVERY ADDRESS STATION ORSIZE AND DESCRIPTION PRODUCT NO. QUANTITY WEIGHT/ MANHOLE PIECES FEET/METERS MASS EXT TIGHTENING TOOL 092912 1 . 0 kb :..s CO CD 3 ` ;i n" Q O N y w L/S # 821371 TOTAL 0 THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) HIRED HAULER CO.TRUCK Hauled By The materials itemized in this shipment are certified to be in compliance with the applicable A.A.S.H.T.O. and Iowa CUSTOMER v Department of Transportation plans and specifications. ^ MID •UCT 1i. Recd (�IJ1 By Authorized signature and date ORIGINAL ( '� • INVOICE ( AR505R-I/V2-11/b6) + IOWA CONCRETE PRODUCTS CO. CO. 05 ' 4401 WESTOWN PARKWAY, SUITE 121 FISCAL PERIOD: 11-97 5 cf),3A WEST OES MOINES, IOWA 50266-6721 RUN DATE: 12/04/97 • TELEPHONE: ( 515) 223- 1761 10 :51 A.N. CORPORATION - ► INTEREST CHARGED LL INVOICE NO. DATE PAGE ® S.LD MIDWEST CCNST E CRANE SERV INC 50E4577 11-29-97 1 STATE TAx 05.000% 955 CIMMIE AVE NE EXEMPT CODE 00 r CITY TAX 00.000% CEDAR RAPIDS IA 524021255 COUNTY TAX 00.000% CUSTOMER ORDER NO. REQUISITION NO. 4i SHIP I TO: w PROJECT TAX EXEMPTION CUSTOMER NO. R/S NO. -I4h IOWA CITY - SHERIDAN AV SEWER BYPASS I I 564095 1627204 FA SLM CAT TYP EX STATE/CO CD PER TO COMM *-FOB OUR PLAHr THIS INVOICE j E-TAX EXEMPT ITEMCOVERS SHIPMENTS L-LOCAL MXPalE ON THE FOLLOWING 780016111100115-057 . LOADING TICKETS 02.00 00.00 00.001015116.00 00.00100.00 I CITY 000 RESERV. OC } (s DESCRIPTION MI PIECES METERS UNIT PRICE PER AMOUNT CODE TICKET NO. Mp/DAY ' l TIME PRICE DIFFERENTIAL . OF 1.50" PER MONTH OF co (^ THE UNPAID UALANCE o = f„-� SEPTEMBER 1997 ANL) OLDER INVOICES ti. ;`''` " 3 x.7:4 w f� 1.50% OF 55,480.334,1 X32. i' 75- fir, p N r 49, fs WICK • 6P .00 82.33 NONr-STATE TERMS: NET AMOUNT DUE BY 12-15-97 $82.33 NC 82.33 .00 NON-CITY C .00 .00 NON-COUNT' I ' STATE OFFICE COPY g- v���v� mr.w�v t AR5Z0Rt/VZ ;i1/8bI t rl.` �: IOWA CONCRETE PRODUCTS CO. CO. 05 1 4401 WESTOWN PARKWAY. SUITE 121 FISCAL .PER CfIOD:. 11- 97 ' WEST DES MOINES. IOWA 50266 -6721 RUN DATE: 11/1,2/97 PI TELEPHONE: t 5151 223-8761 KP: OR 11 :15 A.M. K CORPORATION 4110 INTEREST CHARGED I, CREDIT MEMO NO. DATE PAGE _, • SOLD /1111:TO: MIDWEST CONST L CRANE SERV INC 5081431 11- 12-971 1 STATE TAX 05.000% 955 CIMMIE AVE NE EXEMPT CODE 00 CITY TAX 00.0002 • CEDAR RAPIDS IA 5240Z-.-1255 COUNTY TAX 00.000% . CUSTOMER ORDER NO. REQUISITION NO. I dPROJECT TAX EXEMPTION CUSTOMER NO. R/S NO. ' H Tf{MA (1 TY SHERIDAN AV SEWER BYPASS I 1 5640951 827204 SUA CAT TYP EX STATE/CO CD PER TD COMM r-FOB otRPLANT THIS CREDIT MEMO �.; E-UXEXEWTITEM COVERS SHIPMENTS L. TAX ON THE FOLLOWING 18"=001 321 11 00115-D571 02.00 00.00 00.0010151 18.00 00.001 2.001 LOADINGTICKETS CITY 000 RESERV. 00 ti.a DESCRIPTION W, PIECES FEET UNIT PRICE/ PER AMOUNT I CODE TICKET NO. MO E AY 24 INT CMV SEAL-S-SLY 2 / 114.00 EA : 228.00 44 827529 10-29 1100 092622 OOF DC • 2425 INT CMY SEAL BAND 2 42.00 EA 1 96.00 827529 10-29 1100 092628 r OOF Ot SUBT13TA_ 324.00 ,rii LESS 18.00% TRAOE DISCOUNT 56.32. m PLUS 5.000 STATE TAX ION 5 ' 13.213 ,. - c •n � LESS DISCOUNT-- 2.002 5.58i a . 0 ( 11 ., 7.---,;:--1 --o :.rrt...''i rn • " T . BATCH: 5011014 5.58 CASH DISC . BP 265.68 5.582 NON1STATE NET CREDIT • $273.38 NC .00 .00 .' NONwCITY C 260.10 .00 'NON=COUNT r STATE OFFICE COPY (11) --� LOADING TICKET .---) NO. 82- 7 52 y • J IOWA CONCRETE PRODUCTS CO. J MANUFACTURER OF J L IDT01P CRETEX CONCRETE PIPE AND PRECAST PRODUCTS IO SOLD TO PLANT CEDAR RAPIDS 11I OWf'ST CONSTRUCTION CUSTOMER DATE ORDER NO. 1171/;,--.`:)/97 LEFT PLANT AT I DELIVERED REQUISITION TIME 10:39 AN SHIP TO ENT ORDERED BY (IF TO) '_OWA CITY AT(CITY) HAULER FOIA RECORD OF PROJECT SALE 8 P 7 t7t 4 3HERIDAN AVE SEWER BYPASS DELIVERY ADDRESS 4 STATION ORQUANTITY WEIGHT/ MANHOLE SIZE AND DESCRIPTION PRODUCT NO. PIECES FEET/METERS MASS 2425 INT CMY SEAL BAND 092628 2. 0 24 TNT CMY SEAL-S-SL U 092622 2. 0 UD W D__, W -0 3 O N 0 Y cnW ti ,,,SLA A S,_-A 1-. ^ ,� n TOTAL 0 LiS # 821114 � � V' , THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) HIRED HAULER CO.TRUCK Hauled By The materials itemized in this shipment are certified to be in compliance with the applicable A.A.S.H.T.O. and Iowa CUSTOMER v Department of Transportation plans and specifications. I p � .,T C � UCT I ! Recd �� By Authorized signature and date • STATEMENT IOWA CONCRETE PRODUCTS CO. ' 4401 WESTOwN PARKWAY, SUITE 121 WEST DES MOINES , IOWA 50266-6721 TELEPHONE: ( 515 ? 223-13761 PLEASE RETURN THIS STUB WITH YOUR PAYMENT. CUSTOMER NO. R/S NO. STATEMENT DATE PAGE MIDWEST CONST 6 CRANE SERV INC W 564095 1 827204 110-25-971 1 955 CIMMIE AVE NE TRANSACTIONS AFTER STATEMENT DATE WILL APPEAR NEXT MONTI- CEDAR kAPIDS IA 52402- 1255 tie TO: PROJECT P.O.NO. REQ'N.NO. IOWA CITY - SHERIDAN AV SEWER BYPASS • I DATE J TRANSACTION INVOICE V DISCOUNT SALES TAX CHARGES CREDITS BALANCE PREVIOUS BALANCE • 9-27-97 5,762. 21 10-25-97 INVOICE 507812 9.90 23 .53 495.0E3 6257.29 10-25-97 INVDICE 507915 .00 .00 60.8B 6319 . 17 a, _ ,11 O r �f-- ? G O 1 9.90 23 .58 555.95 .00 TOTAL DISCOUNT TOTAL TAX TOTAL CHARGES TOTAL CREDITS 19.90 DISCOUNT mAY ESE DEDUCTED ON CURRENT INVOICES IF ACCOUNT IS PAID BY 11-15-97 CURRENT INVOICES $555.96 10-97A PAST DUE INVOICES $4,058.35 P 51318. 17 78-00 32 1 00 15-052 02.00 00.00 00.00 015 18.00 6308.27 SIM CAT TYP EX STATE/CO CD PER TD NET STATEMENT TOTAL IOWA CONCRETE PRODUCTS C^. ( R/S NO. 8272041 STATE OFFICE COPY V.: �., .... _.__ %ie,D1J2 c- LI vr.-ii/ CIO* + IOWA CONCRETE PRODUCTS CO. CO. 05 r„ 4401 WESTOWN PARKWAY. SUITE 11 FISCAL PERIOD: 10-97 Lj (ID WEST DES MOINES. IOWA 5026'-6721 RUN DATE: 10/30/97 3A) TELEPHONE: ( 515) 223-;:761 3 : 12 P.M. CORPORATION 4a INTEREST CHARGED INVOICE NO. DATE PAGE C.! 'sax' MIDWEST CONST L CRANE SERV INC ..•C7'+151 10-25-971 1 STATE TAX 05.0001; ® WO' 955 CIHtIF AVE NE EXEMPT CCOl 00 e CITY TAX 70.000% t CEDAR RAPIDS IA 524021 255 COUNTY TAX 00.0002 p CUSTOMER ORDER NO. REQUISITION NO. SHIP I TO: 11 u PROJECT TAX EXEMPTION CUSTOMER NO. R/S NO. 4 IOWA CITY - SHERIDAN AV SEWER 3YPASS I I 564095 1827204 • SW CAT TYP EX STATE/CO CD PER TD COMM ••roe outp.mr THIS INVOICE r E:1AX DIMPT fl M COVERS SHIPMENTS L LCCA.DtW 8U ON THE FOLLOWING 78-00 61 I ''0 15-052 02.00 00.00 00.00 01516.00 00.00 00.00 '. LOADING TICKETS CITY 000 RESEPV. 00 `-t DESCRIPTION suesT PIECES MRS I UNIT PRICE PER AMOUNT CODE TICKET NO. DATE UNIT TIME PRICE DIFFERENTIAL CF 1.50°; PER MONTH OF 2' THE UNPAID BALANCE CO 8 ( • AUGUST 1997 AND OLDER INVOICES �- 1.50% GF 64.058.35 ,...... ,.... . 560.66 7`5--- D.-! «. ,..„ u -<'-- tl C. Cn K r • r;rCil r. • `, L BATCH: 4BP .00 60.88 NON-STATE TERMS: NET AMOUNT DUE BY 11-15-97 1.60.82 NC 60.88 .00 NON-CITY C .00 .00 NON-COUNT ( STATE OFFICE COPY t . _ . , IOTA CONCRETE PRODUCTS CO. CO. 05 + 4401 .-4ESTOWN PARKWAY, SUITE 121 FISCAL PERIOD: 10-97 ...... WEST 0ES MOINES, IOWA 50266--' 721 RUN DATE: 10/29/97 3AJ/ TELEPHONE: ( 515) 223-6761 KP: 0R 3 :23 P.M. CORPORATION INTEREST CHARGED INVOICE NO. DATE PAGE SOLD �+I;;WEST CONST 1n CRANE SERV Inc -;07;;12, 10-25•-97 I STATE TAX 05.000 faro: ► S55 CI^M1 MIF AVE: r; EXE.r%PT CODE 00 L - / CITY TAX 00.000% CEDAR RAPIDS IA 52402-1255 COUh,TY TAX 00.0002 CUSTOMER ORDER NO. REQUISITION NO. SHIP I 1 TO: PROJECT TAX EXEMPTION CUSTOMER NO. R/S NO. IOWA CITY - SHERIDAN AV SEWER bYPASSI 1 5640951 827204 SLM CAT TYP EX STATE/CO CD PER TD COMM *.FOB OUR PUNT THIS INVOICE iE-TAX EXEMPT REM COVERS SHIPMENTS r2.00H T : ONTHEFOLLOWING CITY 000 RESERV. 00 78-001 321 lI COI 15-0521 02.00 00.00 00.001 OI�I 18.00 00.001 2.00tLOADING TICKETS .. DESCRIPTION Rua PIECES MIRyS UNIT PRICE PER AMOUNT CODE TICKET NO. DATE MO/DAY INT EXPANSION TOOL HS 1--- 70.00 f=A. 70. 00 4 827501 1C-24 1100 042924 OOF 0 y 24 INT CMV SIAL-S-SLV 2 114.00 EA 223.00 * PX27501 10-24 1100 092622-- 0O` 0 2425 INT CMY SEAL 6AND 2 46.00 EA 90.00 = 327501 10-24 1100 092628 ' OOF 0 r 1100 39 OOF U $ 2627 INT CMY SEAL 'Z AND 2 ` ::=,:., 48.00 EA c;~ .00 * 827501 10-24 0 326_ ✓ EXT TIGHTENI 0 TOOL 1 r:d.¢• n . .00 FA :i .0L' c 627501 10-24 1100 092912 OCE 0 tUUTOTAL 575.00 m LESS 18.00 TRADE DISCOUNTLG3.5:� PLUS 000 Z STATE TAX ( ON ? $471.50) 1A+ 2.:, 4.5d fir" =0 �' x p N 41 �: • ., ca •, ` To• 01 $9.90 DISCOUNT MAY E3E CEDUCTCJ IF ACCOUNT IS BATCH: 5010045 PAIP k'•Y 1.1-15-97 :,P 471. 50 .00 NON-STAT; ' NET AMOUNT DUE 11-30-97 S495.01:: NC .00 .00 NON-CITY 1.50% PER MONTH LATE CHARGE ON PAST CUE A►1r`UNTS C 461.60 .00 NON-COUN' STATE OFFICE COPY :, LOADING TICKET ----. NO. 82 — 7 5fl .. . . g�75�'tl fif) IOWA CONCRETE PRODUCTS CO. MANUFACTURER OF ENG!i SH CRETEX CONCRETE PIPE AND PRECAST PRODUCTS INVOICE SOLD TO PLANT CEDAR RAPIDS CUSTOMER DATE ORDER NO. 10/24/.57 LEFT PLANT AT DELIVERED REQUISITION TIM 07: 1.3 AM SHIP TO ammarr (IF ENT' ORDERED BY num�ssoou>To) tQWA CITY AT(CITY) HAULER 0 _FOB ' PROJECT RECORD OF SALE 5HERIDAN AvE SEWER BYPASS 827204 DELIVERY ADDRESS I STATION ORQUANTITY WEIGHT/ MANHOLE SIZE AND DESCRIPTION PRODUCT NO. PIECES FEET/METERS MASS TNT EXPANSIAN TOOL HS in 'a:'4 1. 0 24 INT CMY SEAL—S—SL V 0921S2F: 2. 0 2425 INT CMY SEAL BAND 092,328 2. 0 2627 TNT CMY SEAL BAND 092i7,39 2. 0 EXT TIGHTENING TOOL. 0.291.-' 1. 0 CD co c) mc Irl ,, . CD 33 N ..,.r c'') l U TOTAL __ 0 /S # 82109i' THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) "limp'. HAULER CO.TRUCK Hauled By The materials itemized in this shipment are certified to be in compliance with the applicable A.A.S.H.T.O. and Iowa CUSTOMERtj Department of Transportation plans and specifications. t t 'WES "`AN UCT I r Recd rii I STATEMENT + IO4A CONCRETE PRODUCTS CO. 4401 ►JESTOWN PARKWAY, SUITE 12T ` 0 WEST DES MOINES , IOWA 50266-6721 fi (ED TELEPHONE : ( 515) 223-8761 '1 a PLEASE RETURN THIS STUB WITH YOUR PAYMENT 11.1 CUSTOMER NO. R/S NO. STATEMENT DATE PAGE MIDWEST CONSTRUCTION 5640951 8272041 9-27-971 302 DLr) JUiiu�:JUE RD I Y LITHAWlioNS AFT STATEAIRNT ME ru-3kEP§AR NEXT MONT ANA?".CSA IA 52205 COUNTY SALES TAX I jj V SHIP TO: TA P.O.NO. AEON.NO. A A CITY - SHERIDAN AV SEWER 5YPASS I DATE TRANSACTION INVOICE 1 ✓ DISCOUNT SALES TAX CHARGES CREDITS BALANCE _f PREVIOUS BALANCE 4 , 703 .46 8-30-97 5-17-97 INVJ10E 506663 15.65 44.30 7132.64 5486. ) 9- 17-97 CR '•1E:'J.O 506724 8 .39- 145.26 5?!40. 9-2LL-97 INVOICE 506952 11 . 65 32.96 382.70 5923.`. 9-26-97 CR "E:u:J 506957 23.87- 499.85 5423. ( nw 9-27-97 INVJICE 507053 5. 77 19.16 338.52 76 rn a) o -,:^5) y a= Iv 'LA .0 1 34.07 59 .19 1703.85 645 . 11 TOTAL DISCOUNT TOTAL TAX TOTAL CHARGES TOTAL CREDITS $34.07 DISCOUNT MAY DE DEDUCTED ON CURRENT INVOICES IF ACCOUNT IS PAID (3Y 10-15-97 CURRENT INVOICES $1 .058.75 9-97A P 5,762.2 7£3-00 32 I 00 15-052 02.00 00.00 00.00 0151 18.00 I 5728.14 I STATEMENT TOTAL SLM ICAT TYP EX I STATE/CO CD PER TD NET J IOWA CONCRETE PRODUCTS CD. ( R/S NO. 82720 + IOWA CONCRETE PRODUCTS CO. CO. 05 4401 WESTOWN PARKWAY. SUITE 121 FISCAL PERIOD: 09.97 CD , WEST DES MOINES, IOWA 50266-6721 RUN DATE: 10/01/97 3A TELEPHONE: ( 5151 223-3761 KP: SH 11 :03 A.M. n NON-CORPORATION as INTEREST CHARGED INVOICE NO. DATE PAGE ' ^ • SOLD ,SIOWEST CONSTRUCTION 1 507063 1 9-27-971 1 STATE TAX 05.000 ® To- 302 OLD GU3UQUE FADEXE(MP T CODE 00 (- CITY TAX 00.00In ANAM6SA IA 52205- COUNTY TAX 01.000'4. CUSTOMER ORDER NO. REQUISITION NO. SHIP TO: V / PROJECT- TAX EXEMPTION CUSTOMER NO. R/S NO. t , IOWA CITY - SHERIDAN AV SEWER E3YPASS I I 564095 H27204 SUN CAT TYP EX STATE/CO CD PER TD COMM *-FOB OUR PLANT THIS INVOICE I E-TAX EXEMPT ITEM COVERS SHIPMENTS 78-00 132 11 100 kc-osz 102.00 00.00 00.00 1015 116.00 00.00 I 2.G() I L- = I ON THE FOLLOWING CITY 000 RrSER V. 00 ) LOADING TICKETS DESCRIPTION g� PIECES METERS UNIT PRICE PER AMOUNT CODE TICKET NO. MOAOAY i 15X 6.0 CL3 RCP CX4 C 5 5 ----- 40.0"-- 10. 32 FT 412.801* L 827217 9--26 1100 103418 -- J--OF 02, 15 INCH CX4 GASKET 5 / 0.00 EA 0.001* L 827217 9-26 L10G 09041:.5 ' -OF 02 r SUOTOTA 4 412 .601 LESS 18.00% TRADE DISCOUNT :'•,r•''''." ',b,. ( 74.30 O LESS CREDIT FOR HAULING ;;r• •"N.4 19. L4 ., f , r, PLUS 5.000 STATE TAX (ON ,;. 9.3b1 t .97 --- 4 PLUS 1.000:x; COUNTY TAX (ON ,r' 19..361 i 3.19 � c7- w -•-t<'7 O rm. o`er d .Y• Ca F . Is $6.77 DISCOUNT MAY BE DEDUCTED IF ACCOUNT IS BATCH: 5009057 e PAID BY 10-15-97 • 8P 338.50 .00 NON-STATE • NET AMOUNT DUE 10-31-97 $338.52 NC .00 .00 NON-CITY 0.75% PER MONTH LATE CHARGE ON PAST DUE AMOUNTS C 312.59 .00 NON-COUNTY "' STATE OFFICE COPY LOADING TICKET NO. 82— 7217 (1IFID IOWA CONCRETE PRODUCTS CO. MANUFACTURER OF ENGLISH 82'72 17' CRETEX CONCRETE PIPE AND PRECAST PRODUCTS INVOICE SOLD TOMIDWEST CONSTRUCTION PLANT CEDAR RAPIDS CUSTOMER DATE ORDER NO. 09/26/97 LEFT PLANT AT DELIVERED REQUISITION TIME • 2: 16 PM SHIP TO SHIPMENT (IFDI1E NTTo) ow CITY ORDERED BY THASAT(CITY) HAULER 00 F O B PROJECTRECORD OF FsHERIDAN AVE SEWER BYPASS SALE 827204 DELIVERY ADDRESS STATION ORSIZE AND DESCRIPTION PRODUCT NO. QUANTITY WEIGHT/ MANHOLE PIECES FEET/METERS MASS 15X 8. 0 CLS RCP CX4 C; 107418 5. 0 40. 0 73E0 SUB FOR ( 15X 8. 0 CLS RCP CX/1 C 105418 15 INCH CX4 GASKET 090405 5. 0 ‘ 1 Co Z c7 —v r : (4 tT► • L/S # 820794 TOTAL 7360 THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) HIRED HAULER CO.TRUCK Hauled By The materials itemized in this shipment are certified to be in compliance with the applicable A.A.S.H.T.O. and Iowa CUSTOMER X Department of Transportation plans and specifications. M DWEST CONSTRUCTION Rec'd I '�. -• l AK3 GUK"tl/ VG^�:l 1/OQ 1 e wi IOWA CONCRETE PRODUCTS CO. CO. 05 4401 WESTOWN PARKWAY, SUITE 121 FISCAL PERIOD: 09+,;97 al: " WEST DES MOINES, IOWA 50266;x,6721 RUN DATE: 9/26/47 il . TELEPHONE: ( 515) 223-8761 KP: SH 11 31" A.M. El . Nati- CORPORATION 41.E INTEREST CHARGED CREDIT MEMO NO. DATE PAGE ,. `SOLD MIDWEST CONSTRUCTION I 506987 9-26-971 1 STATE TAX 05.000% to 302 OLD DUBUQUE Rot EXEMPT CODE 00 . (1 v - CITY TAX 00.000% ANAMOSA IA 52205 COUNTY TAX 01..000% CUSTOMER ORDER NO. REQUISITION NO. 11L> SHIP .. CLI PROJECT / TAX EXEMPTION CUSTOMER NO. R/S NO. IOWA CITY SHERIDAN AV SEWER BYPASS I I 564095 627204 • SW CAT TYP EX STATE/CO CD PER TD COMM *-FOB OURPUHr THIS CREDIT MEMO t • E-roa EXEMPT ITEM COVERS SHIPMENTS L-LOCAL'MABtE ON THE FOLLOWING 78W0 32 1 00 15=052 02.00 00.00 00.001015 18.00 00.00 2.00 . LOADING TICKETS CITY 000 ' RESERV. 00 DESCRIPTION SUBST. PIECES FEETI UNIT PRICE PER AMOUNT CODE TICKET NO. j pqy 48* 2.0 247©PEMHCSNCX2 1. 159.10 EA 159.10 * L 5:7147 9-19 1100 04042Q`' . OOf 00 48X3.7 INYRT BASE SCX2 ' 1 / 384.11 EA 364.11 Q L 827147 9;49 . 1100 039892 OOF 00 `: 385 Al.QK GASKET 1,." 43.60 EA 43.60 * L 827147 9119 1100 092023 ' ' O01 ' 00 r ,: SUBTOTAL 586.81 LESS 18.00% TRADE DISCOUNT + 124.06 ' PLUS. 5.000* STATE •TAX (ON PLUS 1.000% COUNTY TAX t0141 ' ''.1 II "• 4961 _ ado C`LESS DISCOUNT-.- 2.00% 10.20- fTThi• • . --•1 C) C • :-<r--- s5g2 C" c,, Ir - C • BATCH: 5009040 10.24 /CASH 'D,I;SC+ C • SP 401.18 1 O.20 ..NDN TATE NET CREDIT 5499.85 NC .0A *OD- :140t4$CITV C 470.98 10.20' NONeC0 T:1 cl: STATE OFFICE COPY --- _--_ • LOADING TICKET NO. 82- 71'47, lif II) -.,-IOWA CONCRETE PRODUCTS �LE r , Ir .827147I �•�i// MANUFACTURER OF CRETEX CONCRETE PIPE AND PRECAST PRO re I JEFilo . • SOLD TOPLANT CEDAR RAPIDS MIDWEST CONSTRUCT IOhl CUSTOMER _ DATE ORDER NO. 09/19/97 LEFT PLANT AT DELIVERED REQUISITION TIME1 — c^.:07 PM SHIP TO SHIPMENT TN sow=TO) IFFERENT EOIJA CITY ORDERED BY AT(CITY) HAULER 00 I FOB RECORD OF PROJECT SHERIDAN AVE SEWER BYPASS SALE 827204 DELIVERY ADDRESS I STATION ORSIZE AND DESCRIPTION PRODUCT NO. QUANTITY WEIGHT/ MANHOLE PIECES FEET/METERS MASS 48X 2.. 0 24TOPEMHCSMCX2 048420 1. 0 V000 48X3. 7 INVRT BASE SCX2 039892 1. 0 849E 385 ALOE:'. GASKET 092023 1. ui) . E3CO y 2-d'. o r-- ::i r) t T-- -'D 1. 1 r-7. , -w O 2-' N 'a cT -. U: C,-. , L/S 1* 820721 - TOTAL 8496 THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) HIRED HAULER - CO.TRUCK Haulcd By The materials itemized in this shipment are certified to be in compliance with the applicable A.A.S.H.T.O. and Iowa CUSTOMER < Department of Transportation plans and specifications. MID'WE 'T CONSTRUCTION Recd i�<a41� ' By PRODUCTS RETURNED BY CUSTOMER (11[1f) IOWA CONCRETE PRODUCTS CO. DATE: ! RETURNED FROM: CONTRACTOR P 1 O l,./ EST- C-0h/S T- LIT #: PROJECT $H ER 1 QiA-N A-VE sat./Efe ,i Yf4-ES RJS #: R'a1-7 ao `1 STATION OR LOCATION CITY: `SEDt,J/t-- Cf rrY RETURNED TO: PIECES DESCRIPTION CONDITION g x a-trop /1 S '`2cxa a o �� / -x 3:7 / Nv-2'" M s � ©o / 3 8fr.c A- LocC 6A-sv - 6,c9c:% - n-< co 0 m rte. .. T� W SUBJECT TO FINAL INSPECTION AT RECEIVING PLANT `r' REASON FOR RETURN CUSTOMER REPRESENTATIVE HAULER OR PLANT REPRESENTATIVE This form to be completed by Hauler in field when picking up product or by plant office if customer returns the product to plant. It must be signed by both the Customer Representative and the Hauler or Plant Representative. wurrc—ncri(:F PINK—PLANT WHITE—CUSTOMER GOLDENROD—HAULER "`" ""�` ( AR501R--1/V2-11/861 E + IOWA CONCRETE PRODUCTS CO. CO. 05 ED Df . 4401 WESTOWN PARKWAY, SUITE 1i' 1 FISCAL PERIOD: 09-97 WEST OFS MOINES, IOWA 50266-6721 RUN DATE: 9/26/97 4 : TELEPHONE: ( 5151 223- 761 KP: SH 11 :20 A.m. ffl NON-CORPORATION INT€REST CHARGED INVOICE NO. DATE PAGE megx MIDWEST CONSTRUCTION 506952 9-26-97 1 STATE TAX 05.000 ' r., 302 OLD DUBUQUE RD ✓ EXEMPT CODE 00 CITY TAX 00.000 : ANAMOSA IA 52205- COUNTY TAX 01.000% µ� CUSTOMER ORDER NO. REQUISITION NO. ( . SHIP TO: 1r ; • rr PROJECT ( - TAX EXEMPTION CUSTOMER NO. R/S NO. IOWA CITY - SHERIDAN AV SEWER BYPASS 1 564095 827204 — t SLM CAT TYP EX STATE/CO CD PER TD COMM *-Foe OUR PLANT THIS INVOICE E-TAX EXEMPT ITEM COVERS SHIPMENTS 4 L-L TSE ON THE FOLLOWING 1f 78-0013211100 15-052102.00 00.00 00.00 1015 1 18.00 00.001 2.001 'I I LOADINGTICKETS CITY 000 RESERV. 00 DESCRIPTION FEET PIECES Ip>$ UNIT PRICE PER AMOUNT CODE TICKET NO. MO�y 48X3.T INVRT BASE SCX2 1 384. 11 EA 384.11 * L 827118 9-18 1100 039892 " -OF 02 it... 320 ALOK GASKET I 37.00 EA 37.00 * L 827118 9-18 1.100 092020 -OF 02 385 ALOK ASKET 1 -r� 43.60 EA 43.60 * L 821112 9-18 1100 092023 -OF 02 ;,, 48X 3.0 24TOPEMHCS CX2 1 6.84 FT 170.52 * L 827149 9-19 1100 047110 -- -0F 02 ie.. ALOK STYLE LIFT PIN: 2 ' . 80 EA 63.60 4 L 827149 9-19 1100 092125 -• -OF+ 02 S TOTAL 698.83 LESS 18.00% TRADE DISCOUNT 125.79- , LESS CREDIT FOR HAULING 'I, 23.33- PLUS 5.000% STATE TAX (ON ': x549.711 2.7.49 PLUS 1.000 : COUNTY TAX (ON 5549.711 5.50 D 0 n-r W ..,._ p :-< -0 . Ilk O 3 • ` 9 ,:...1' X- w s11.65 DISCOUNT MAY BE DEDUCTED IF ACCOUNT IS BATCH: 5009039 PAID BY 10-15-97 1W 573.04 .00 NON-STATE NET AMOUNT DUE 10-31-97 £`i82.70 NC .00 .00 NON-CITY 0.75% PER MONTH LATE CHARGE ON PAST DUE AMOUNTS C 538.06 .00 NON-COUNT1 STATE OFFICE COPY LOADING TICKET NO. 82- 7 = 9 IOWA CONCRETE PRODUCTS CO. MANUFACTURER OF ENGLISH CRETEX CONCRETE PIPE AND PRECAST PRODUCTS INVOICE SOLD TOPLANT CEDAR RAPIDS - MIDWEST CONSTRUCTION CUSTOMER DATE ORDER NO. 09/19/97 LEFT PLANT AT DELIVERED RBQUISMON TIME 12: 10 PM SHIP TO SHIPMENT OF DIFFERENT N S ) IOWA CITY ORDERED BY AT(CITY) HAULER 00 F O B OCT RECORD OF SHERIDAN AVE SEWER BYPASS SALE 827204 DELIVERY ADDRESS STATION ORQUANTITY WEIGHT/ SIZE AND DESCRIPTION PRODUCT NO. MANHOLE PIECES FEET/METERS MASS 48X3. 0 24TOPEMHCS CX2 047130 1. 0 0 2470 ALOK STYLE LIFT PIN 092125 2. 0 co CD-` (-3 n:z7 N ..: • GJ L/S # 820720 TOTAL 2475 THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) x>RED HAULER f CO:TRUCK Hauled By The materials itemized in this shipment are certified to be in ,__,•-,-,._ compliance with the applicable A.A.S.H.T.O. and Iowa �G�(7STOMER • Department of Transportation plans and specifications. MIDWEST CONDUCTION Recd i�7�r4i"' By Authorized signature and date • LOADING TICKET NO. 82- 7 r� 8 fit) IOWA CONCRETE PRODUCTS CO. MANUFACTURER OF ENGLISH827118 CRETEX CONCRETE PIPE AND PRECAST PRODUCTS INVOICE SOLD TO '1I DWEST CONSTRUCT ION PLANT CEDAR RAPIDS CUSTOMER DATE ORDER NO. 09/18/97 • LEFF PLANT AT DELIVERED REQUISITION TIME 07:00 AM SHIP TO SHIPMENT OF TO)DIFFERIOWA CITY ORDERED BY THAN AT(CITY) HAULER 00 FOB RECORD OF PROJECT SHERIDAN AVE SEWER BYPASS SALE 827204 DELIVERY ADDRESS STATION ORSIWF AND DESCRIPTION PRODUCT NO. QUANTITY WEIGHT/ MANHOLE PIECES FEET/METERS MASS 1I D 1 48X3. 7 INVRT BASE SC X2 039892 1. 0 6496 320 ALOR GASKET 092020 1. 0 385 ALOK GASKET 092023 1. 0 tD co t:7—C W --i C -<l-- —o 1 � GJ 01 L/S i# 820692 TOTAL 6496 THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) HIRFD.- •. 'HAULER CO.TRUCK . Hauled By The materials itemized in this shipment are certified to be in compliance with the applicable A.A.S.H.T.O. and Iowa cu O,MER Department of Transportation plans and specifications. MID ST CONSTRUCTION Reed, -r: ".•""•• •••"•.•" (AK,LUK ti Y G 4.i./00 i t ,. _ IOWA CONCRETE PRODUCTS CO. CO. 05 4401 WESTOWN PARKWAY, SUITE 121 FISCAL •PERIOD:. 09 x97 r'- .`.,+ 4 " WEST DES MOINES, IOWA 5026676721 RUN DATE: • 9/17/97 01 J TELEPHONE: ( 515) 223-.8761 KP: SH 9:49 A.M. NONt-'C ORPORA TI ON 4, i. INTEREST CHARGED 4 CREDIT MEMO NO. DATE PAGE •. MIDWEST CONSTRUCTION 5067241 9-17-971 1 STATE TAX 05.000% 00� ,;,,; CITYTAX 302 OLD DUBUQUE RD EXEMPT CODE 00,.000% 4%:- ; .J}" ANAMOSA IA 52205- COUNTY TAX 01.000% (� CUSTOMER ORDER NO. REQUISITION NO. "rr . .;r; •• 1 . 1 •• ' • PROJECT TAX EXEMPTION CUSTOMER NO. R/S NO. • .,.IOWA• CITY. !. SHERIDAN AV SEWER BYPASS 11 1 564095 827204 .'.,.: �.ir.. S1lA�•` CJ1T TYP EX STATE/CO CD PER TD COMM f•Foe OUR vturr THIS CREDIT MEMO • �r� E-wcEXEAAPrREAL COVERS SHIPMENTS ' 1 1 L LOCAL - 1 ON THE FOLLOWING ''.:'78,;0013211.100115;052102.00 00.00 00.001015118.00 00.00 2.00 LOADING TICKETS CITY 000 RESERY. 00 C'` DESCRIPTION VAST. PIECES FEETUNfT PRICEPER AMOUNT CODE TICKET NO. mo 48X 3.0 24TOPEMHCS CX2 / 1 ,� 3.`0 56.84 FT 170.52 1 826957 9 .08 1100 047130`— 400 00 SUBTOTAL 170.52 C; LESS 18.00% TRADE DISCOUNT- 30.69- m . g PLUS 5.000% STATE TAX (ON $13 :,, 6.99• �.�� � `PLUS 1.000% COUNTY TAX (ON $ ti.`. 1.40 2-�1 �, • ' 1 C. LESS DISCOUNT-- 2.00% 2.96- (--)_.< (,) -a- 4. CD`L7 N t . { .i • N -,7•a t ' x. BATCH: 5009014 .2.96 CASK DISC. 0 BP 139.83. .2.9k5 No STATE • NET CREDIT $145.26 NC .00 .00 '•'�•NQ i.TY iiiC 136.87 2.96 NQ GOUNTI `• STATE OFFICE COPY • LOADING TICKET NO. 82- 6 95 7 flt) 8='t57 IOWA CONCRETE PRODUCTS C . Jai MANUFACTURER OF EViElo CRETEX CONCRETE PIPE AND PRECAST PRODUC SOLD TO�-J I DWEST CONSTRUCTION PLANT CEDAR RAPIDS CUSTOMER DATE 09/08/97 ORDER NO. L EM'PLUM'AT DEL mRrn REQUISITION TIME 2:43 PM SHIP TO SHIPMENT OF Ns TO)OLD ; OWA CITY ORDERED BY THAAT(CITY) HAULER 78 DELIVERED RECORD OF PROJECT HERIDAN AVE SEWER BYPASS SALE 827204 DELIVERY ADDRESS STATION ORSIZE AND DESCRIPTION PRODUCT NO. QUANTITY WEIGHT/ MANHOLE PIECES FEET/METERS MASS 48X3. 024TOPEMHCS CX2 047130 1. 0 3. 0 2475 to O � C) n y L/S # 820530 rYP TOTAL 2475 THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) HIRED COMPANY TRUCK HAULER CO.TRUCK < Hauled By The materials itemized in this shipment are certified to be in compliance with the applicable A.A.S.H.T.O. and Iowa CUSTOMER Department of Transportation plans and specifications. MIDWEST CONSTRUCTION Recd R„ (1[11) PRODUCTS RETURNED BY CUSTOMER IOWA CONCRETE PRODUCTS CO. DATE: 1^ , RETURNED FROM: CONTRACTOR Cs LIT #: PROJECT R/S #: W"? .P0`( STATION OR LOCATION -Mat4-1-ct.-- CITY: 64 14‘._ 3.. RETURNED TO: PIECES DESCRIPTION CONDITION yY X 2 cx up _ c L. .) O Na :LP . .1 O> SUBJECT TO FINAL INSPECTION AT RECEIVING PLANT REASON FOR RETURN CUSTOMER REPRESENTATIVE ULER OR PLANT REPRESENTATIVE This form to be completed by Hauler in field when picking up product or by plant office if customer returns the product to plant. It must be signed by both the Customer Representative and the Hauler or Plant Representative. WHITE-OFFICE PINK-PLANT WHITE-CUSTOMER GOLDENROD-HAULER C, 01R--1/V2-11J 861 t- + IOWA CONCRETE PRODUCTS CO. CO. 05 44C1 WESTOWN PARKWAY, SUITE 121 FISCAL PERIOD: 09-97 rid WEST GES MOINES, IOWA 50266-672.1 RUN DATE: 9/17/97 sA TELEPHONE: 1 `•151 223-9761 KP: GA. 9 :42 A.M. - , .J L.] NON-CORPORATION 4a INTEREST CHARGED / INVOICE NO. DATE PAGE , li ® sou) MIDWEST CONSTRUCTION 506663 9- 17-97 1 STATE TAX 05.000% 302 OLD DUBUQUE PO EXEMPT CODE 00 4 CITY TAX 00.000 ANAMOSA IA 52205- COUNTY TAX 01.000% [( CUSTOMER ORDER NO. REQUISITION NO. (. SHU TO: PROJECT TAX EXEMPTION CUSTOMER NO. R/S NO. IOWA CITY - SHERIDAN AV SEWER BYPASS 1 564095 1827204 SLM CAT TYP EX STATE/CO CD PER TD COMM *-FOB OUR PLANT THIS INVOICE C.' E-TAX EXEMPT ITEM COVERS SHIPMENTS 78-00132116115-052102.00 00.00II I L-LocuwcABLE ONTHEGTICKEING 00.001015 11•i.00 00.00 2.00 � LOADING TICKETS CITY 000 RESERV. 00 . DESCRIPTION SUBST PIECES METERS UNIT PRICE PER AMOUNT CODE TICKET NO. MOA DAY 43X3.7 INVRT BASE SCX2 1 384. 11 EA 3L4.11 L 826955 9-08 1100 039892L- 000 02 385 ALOK GASKET 1 43.60 EA 43.60 L 826955 9-08 1100 092023 .- 000 02 48X 2.0 MH 5BL S CX2 1 2.11 56.94 FT 113.60 L 826955 9-08 1100 032220-- 000 02 ., ,,, 48X 3.0 24TOPENHCS CX2 1 =�~d` 6.84 FT 170.52 L 320955 9-08 1100 047130 000 02 48 INCH CX2 GASKET 2 "' 00 EA 0.00 L 826955 9-08 1100 C90214'-- 000 02 � � 48X 2.0 24 TOPEMHCSMGX2 15 -.`-%/3 EA 159. 1C L 826955 9-03 1100 048420, 000 02 24X2 INCH AOJ RING --;-- 14. 0 EA 29.40 L 826955 9-08 1100 048050 , 000 02 SUt3' TAL 900.41 •LESS 16.00% TRADE DISCOUNT x; 162.197- PLUS 5.000' STATE TAX (ON . $738.34 ) 36.92 PLUS 1.000% COUNTY TAX (ON 0738..34) " 7.38 �IIA;` UD CD . 1 -i C r - � r-' E ' rr; • O. I-7 . $15.65 DISCOUNT MAY BE DEDUCTED IF ACCOUNT IS BATCH: 5009013 y (,) 4 ' PAID BY 10-15-97 BP 738.34 :0 NON-STATE .- - NET AMOUNT OUE 10-31-97 17E12.84 NC .00 .00 NON-CITY 0.75: PER MONTH LATE CHARGE ON PAST DUE AMOUNTS C 722.69 .00 NON-COUNT) STATE OFFICE COPY LOADING TICKET - --, NO. 82 - 5955 IlD ---- 826955 IOWA CONCRETE PRODUCTS CO. MANUFACTURER OF ENGLISH INVOICE CRETEX CONCRETE PIPE AND PRECAST PRODUCTS SOLDTO MIDWEST CONSTRUCTION PLANT CEDAR RAPIDS CUSTOMER DATE 09/08/97 ORDER NO. LEFT PLANT AT DELIVF_RED REQUISITION TildE 12:38 PM L ;0 0 SHIP TO SHIPMENT Mqunman IOWA CITY ORDERED BY THAN SOLD TO) _ AT(CTTY) HAULER 78 I DELIVERED PROJECTRECORD OF 5HERIDAN AVE SEWER BYPASS SALE 827204 DELIVERY ADDRESS f• STATION ORSIZE AND DESCRIPTION PRODUCT NO. QUANTITY WEIGHT/ MANHOLE PIECES FEET/METERS MASS MID 1 48X3. 7 INVRT BASE SCX2 039892 1. 0 649E 385 ALOK GASKET 092023 1. 0 48X 2. 0 MH BBL S CX2 032220 1. 0 2. 0 1760 48X3. 0 24TOPEMHCS CX2 047130 1. 0 3. 0 2475 48 INCH CX2 GASKET 090214 2. 0 --- 48X 2. 0 24TOPEMHCSMCX2 048420 1. 0 2000 24X2 INCH ADJ RING 048050 2. 0 160 t.o CO OO cg W :74 c--) /VdT _ a, W ` Q► .14 L/S # 820276 6 .7J--,s- TOTAL 12891 THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) HAULER COMPANY T RUCK C.41 L 3 CO.TRUCK / By The materials itemized in this shipment are certified to be in y compliance with the applicable A.A.S.H.T.O. and Iowa CUSTOMER Department of Transportation plans and specifications. MIDWEST CONSTRUCTION Recd 0.. •� ------ - - -------------------------------.-._ ----------- ( STATEMENT • -}- IOWA CONCRETE PRODUCTS CO. 4401 WESTOWN PARKWAY, SUITE 121 WEST DES MOINES, IOWA 50266-6721 t tiff) TELEPHCNE: ( 5151 223-0761 PLEASE RETURN THIS STUB WITH YOUR PAYMEN' • CUSTOMER NO. R/S NO. STATEMENT DATE PAGI MIDWEST CONSTRUCTION 564095 I 827204 1 8- 30-971 302 O L D DUBUQUE R D TRANSACTIONS AFTER STATEMENT DATE WILL APPEAR NEXT MON Y BELOW--_SALES TAX INCLUDES ANAMOSA IA 55ç COUNTY SALES TAX • PROJECT P.O.NO. REQ•N.NO. • IOWA CITY - SHERIDAN AV SEWER OYPASS • DATE TRANSACTION INVOICE ✓ I DISCOUNT SALES TAX CHARGES CREDITS BALANCE PREVIOUS BALANCE 4-20-97 INVOICE 506003 ,. 49.76 140.89 2489.09 2459.0 8-20-97 INVOIC_ 506004 h 44.29 125.34 2214.3B 4703. 4 401 coo 37,o ---I C7 _ t. w C7% TOV 9TOTAL DISCOUNT , TOTAL TAX 3 TOTAL CHARGES TOTAL CREMITSO 594.07 DISCOUNT MAY BE DEDUCTED ON CURRENT INVOICES - IF ACCOUNT IS PAID BY 9-15-97 ; , CURRENT INVOICES $4 ,703.46 8-97A P 4, 703.46 78 0 1CAT 1 P 8x kTATQ/O(f 02.00 0090 00.00 Is[qA 118.007D I 46.39 I STATEMENT TOTAL Tn;.lt rnntrR>=TF PRfIIIIrTc rfl_ ( p/c. N(l_ R?72r . C , .. INVOIC:t t AR501R-1/VZ-11/861 E + IOWA CONCRETE PRODUCTS CO. CO. 05 • 4401 WESTOWN PARKWAY, SUITE 111 FISCAL PERIOD: 08-97 WEST DES MOINES, IOWA 5026676721 RUN DATE: 8/20/97 Eg Ili IlD 1 TELEPHONE: ( 5151 223-8761 KP: SS 11:12 A.M. r. 1 F IL L 48 ` 98 MAR 30 P 2' 3� N©N-CGRPORA TION PAGE INTEREST CHARGED r. Gi . ..: GLE4t4� INVOICE NO. DATE C SOLD MIDWEST r.ONSTf2`t ,=,tr'jevllTY, IOWA L 060041 8-20-97 1 STATE TAX 05.000% IMITO: 302 OLO 3UE:t1QUE k0 CN cf EXEMPT CODE 00 CITY TAX 00.000' ANAMCSA IA 52205- COUNTY TAX 01.000% rP CUSTOMER ORDER NO. REQUISITION NO. TO: 1'`il PROJECT 4. ✓ TAX EXEMPTION CUSTOMER NO. R/S NO. IOWA CITY - SHERIDAN AV SEWER ;;YPASS I1 564095 I827204� �� ELM CAT TYP EX STATE/CO CD PER TD COMM •-FOE OUR PLA, THIS INVOICE I E-TAX EXEMPT ITEM COVERS SHIPMENTS 78700132111001 /5-052102e00 00.00 00.00 015118.00 00.001 2.00 L---TXXELE ONTHEFOLLQWING CITY 000 RES ER V. 00 t DESCRIPTION �� pE ! . LOADING TICKETS i . SUBST. PIECES METERS UNIT PRICE PER AMOUNT CODE TICKET NO. MQ/DAY 48X 4.0 24T PE_MHCS CX2 1 4.-tr 56.04 FT 227.36 L 826714 8-13 1100 04714Q--- 000 02 48X3.4 INVRT CASE SCx2 1 - 367.06 EA 367.06 L 826714 8713 1100 039869 -' 000 02 (-N 385 ALOK ( ASKT 1 43.150 EA 43.60 L 1326714 8713 1100 092023 - 000 02 Oh ` 490 ALUMGASK1T 1 x� 6.0(1 EA 66.00 L 826714 13-I3 1.100 092029 000 02 =1 48X 2.0 MH SIL S CX2 1. r.-';, : 2.O '. , .84 FT 113.66 L E376714 8-13 1100 032220 000 0' 'r 48X 3.0 24TOPIMHCS CX2 3.0 5 N4 4 FT 170.57 L 826714 e- 13 1100 047130 -- 000 02 43X3.9 INVRT USE SCX2 .'' I---- 395.:4'; CA 395.48 L 826714 3- 13 1100 039094 000 02 385 ALEX GASKET 24-- 43.0 EA 17.20 L 826714 8-13 1100 092023 --- 000 02 ( ' 320 ALOK 0ASKU ',:'. 1.-- 37.04 C . 37.00 L 826714 3-13 1100 092020 "- 000 02 48X 2.0 MR SUL S CX2 <: 1.,./ 2.' 56.6 FT 113.65 L 1126714 8-13 1100 032220 000 02 48X 4.0 24TOPFMHCS CX2 - 1 - 4.0 56.8:` FT 227.36 L 826714 8- 13 1100 047140 000 02 1- 48X3.7 INVRT BASE SCX2 ° -/ 384. EA 384.11 L 826714 8- 13 1100 039892 000 02 I^J BATCH: Z { • STATE OFFICE COPY + lir\ I0>�A CONCRETE PRODUCTS CU. CO. 05 4401 WESTOWN PARKWAY, SUITE 12.1 FISCAL P�:RI0D: 08-97 I WEST UES MOINES. IOWA 5026&-6?21 RUN DATE: 8/20/97 ' • FP E TCLEPHON : ( 515) 223-1.761 KP: SS 11 :12 A.M. L'...1. NON—CORPORATION Aa " 98 MAR 30 PM 2: 37 INTEREST CHARGED r. (`i i.. L I INVOICE NO. DATE PAGE sou) MIDWEST c oNtOttikeilt6N10 A 1 5060041 9-20-97 2 TO: r CUSTOMER ORDER NO. REQUISITION NO. ,N I PROJECT TAX EXEMPTION CUSTOMER NO. R/S NO. � . • I 1 SLM CAT TYP EX STATE/CO CD PER TD COMM *.FOB CAM PLANT THIS INVOICE r I I I I l I I IL MPT. I LOADING CEIN DESCRIPTION SS FEET/PIECES MTRS UNIT PRICE PER AMOUNT CODE TICKET NO. MODATDAY 385 ALUK GASKET 2 43.60 CA 57.23 l 826714 8- 13 1100 092023 000 02 48X 4.0 24TOPFM,HCS CX2 1 '� 4.'6 56.84 FT 227.36 L 826714 8- 13 1100 047140 000 02 r 48 INCH CX2 GASKET 6 / 0.00 GA 0.00 L 82b714 8- 13 1100 090214 000 02 I , ,-, ., SUT'TOTAL 2547.61 0Q'. TRADE DISCOUNT `'`'" 458.57-- f- LESS LS. .y'1• PLUS 5.000 STATE TAX (ON $2 .;;i 69.04) 104.45 PLUS 1.000 COUNTY TAX (ON i- 089.04) 20.89 . 1 I. 1 ` $44.29 DISCOUNT MAY OE DEDUCTED IT ACCOUNT IS BATCH: 5008044 4 PAID OY 9-15-97 i3P 2089.04 .00 NON-STATE ' NET AMOUNT DUE 9-30-97 S2.214.36 NC .00 .00 NONCITY 0.75% PER MONTH LATE CHARGE ON PAST OUi AMOUNTS C 2044.75 .017 NON-COUNTY STATE OFFICE COPY tit) - LOADING TICKET 1 NO: 82- 4 61J 4 1 826714 IOWA CONCRETE PRODUCTS CO. E�dGL I SH ' MANUFACTURER OF INVOICE • CRETEX CONCRETE PIPE AND PRECAST PRODUCTS SOLD TO I I DWEST CONSTRUCTION PLANT CEDAR RAPIDS CUSTOMER DATE 08/ 13/97 ORDER NO. LE-I'PLANT AT DELIVERED REQUISITION TIME 07:28 AM c C(} SHIP TO SHIPMENT (IF DIFFERENT IOWA CITY ORDERED BY THAN SOLD To) AT(CITY) HAULER 78 l DELIVERED S RECORDOF PRQJECT H�RIDAN AVE SEWER BYPASS SALE 827204 DELIVERY ADDRESS I STATION ORQUANTITY WEIGHT/ MANHOLE SIZE AND DESCRIPTION PRODUCT NO. PIECES FEET/METERS MASS 48X 4. 0 24TOPEMHCS CX2 047140 1. 0 4. 0 3300 Y1ID 4 48X3. 4 INVRT BASE SCX2 039889 1. 0 6E32 385 ALOK GASKET 092023 1. 0 490 ALOK GASKET 092029 1. 0 48X 2. 0 MH BBL S CX2 032220 1. 0 2. 0 1760 48X3. 0 24TOPEMHCS CX2 047130 1. 0 3. 0 2475 Y1ID 3 4SX3. 9 INVR.T BASE SCX2 039894 1. 0 667E 385 ALOK GASKET 092023 2. 0 320 ALOK GASKET 092020 1 . 0 48X 2. 0 MH BBL S CX2 032220 1. 0 2. 0 1760 48X 4. 0 24TOPEMHCS CX2 047140 1. 0 4. 0 3300 YlID 2 48X3. 7 INVRT BASE SCX2 039892 1. 0 6496 385 ALOK GASKET 092023 2. 0 48X 4. 0 24TOPEMHCS CX2 047140 1. 0 4. 0 3300 48 INCH C X2 GASKET 090214 6. 0 Lo co E ?i -, C)_•• O O33, N L/S # 820269 6 /J TOTAI,._I 35295 THE ABOVE MATERIAL WAS RECEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) ; HIRED -HAULER COMPANY TRUCI'C 15' .3 6 CO:`TRUCK < Hauled By -0-7 The materials itemized in this shipment are certified to be in , sk A< ., compliance with the applicable A.A.S.H.T.O. and Iowa 1,;;;7 ,411:,: ' Department of Transportation plans and specifications. MI W ' T CONSTRUCTION Reed By Authorized signature and date • ••1•"""'L. ( AR5U1 K- 1/ V[-11/ 66 i t- + IDIOWA CONCRETE PRODUCTS CO. CO. 05 4401 WESTOWN PARKWAY, SUIT! 121 FISCAL PERIOD: 08-u7 ©; (li WEST DES MOINES. IOWA 50265-672i RUN DATE: 8/20/97 3,4'd TELEPHONE: ( 515) 223-b761 KP: SS 11 :12 A.W. E] NOF•i-CORPORATION da 9E MAR 30 PH 2' 37 INTEREST CHARGED /k CII i CLERK LEr INVOICE NO. DATE PAGE SOLD MIDWEST CONSTRUCTION IOWA CITY1 IOWA I = 060031 8-20-97 1 1 STATE TAX 05.000% ® To: 302 OLD DUBUQUE RD EXEMPT CODE 00 (1' TAX 00.000 : ANAMCSA IA 32205- COUNTY TAX 01.000% CUSTOMER ORDER NO. REQUISITION NO. 11. SHIP I 1 Ta. s ti PROJECT ✓ TAX EXEMPTION CUSTOMER NO. R/S NO. e _/ IOWA CITY - SHERIDAN AV SEWER BYPASS 564095 1 827204 SLM CAT TYP EX STATE/CO CD PER TD COMM *-FOS ouR PWR THIS INVOICE l, II E-TAX EXEMPT REM COVERS SHIPMENTS 78-0013211100115-052102e00 00.00 00.00 1015 1 16.00 00. O 1 c. ` LOCALTAXABLE 1 ON THE FOLLOWING y> 0 QO V LOADING TICKETS CITY 000 RESERV. 00 r DESCRIPTION n M. PIECES METERS UNR PRICE PER AMOUNT CODE TICKET NO. meg*? 60X 4.9 MH E3LL S CX2 1 4.9 106.22 FT ti 30.26 L 826644 C-11 1100 034249 000 020 570 ALOK GASKET 1 - 66.00 EA 666.00 L 826694 1-11 1100 092032'/ 00U G2t C 60X 4.0 MH BBL S CA2 2 ✓ 6. - 106.22 FT :;55.76 L 326694 8-11 1100 034240 ✓ 000 021 s i l 60X 3.0 24TOP b4HCSCX2 1 . 24.66 EA 324.66 L 826694 5- 11 1100 045304 000 026 r 60 INCH CX2 GASKET 3 ,�;-' z,,* 00 EA 0.00 L 826694 - 11 1100 090216 v 000 0711 48X2.6 Ir4VRT I3ASE SCX2 ":. 334`9. 5 EA "13;_'.95 L 826694 8-11 1100 039883 000 02e 570 ALOK GASKET r 66.'$1, EA 132 .00 L ';26694 H•- 11 1100 092032 ` 000 02( 385 ALOK GASKET 43. •'+, EA 43.60 L S26694 J--11 1100 092023 -� 000 021 { ~ 48X 4.0 MH 31SL S CX2 '' 2'' 8.0- 56.8 - �+ FT 454.72 L 326694 - 11 1100 032240 000 021 4SX 2.0 MH BBL S CX2 . 1 2.0 56.1 0 FT 113.6.3 L 826694 5- 11 1100 032220 c/ 000 02( bU" UTAL 2963.65 (' LESS 18.00% TRADE DISCOUNT '")15.4C- PLUS 5.000% STATE TAX (ON $2 'I .48.1:91 :; 117.41 PLUS 1.000% COUNTY TAX (ON $2• �'x', I9I 23.43 • 1 4- $49.78 DISCOUNT MAY bE DEDUCTED IF ACCOUNT IS BATCH: 5006037 4- PAID BY 9-15-97 BP 23411.19 .00 NON-STATE • NET AMOUNT DUE 9-30-97 $2,489.03 NC .00 .00 NON-CITY 0.75% PER MONTH LATE CHARGE ON PAST DUE AMOUNTS C 2298.41 .00 NON-COUNTY c-• . STATE OFFICE COPY :1 • P -- LOADING TICKET , NO. 82 -, 6 69 4 IDIOWA CONCRETE PRODUCTS CO. ENGLISH8`6694 MANUFACTURER OF INVOICE CRETEX CONCRETE PIPE AND PRECAST PRODUCTS , • SOLD TO `IIDWFST CONSTRUCTION PLANT CEDAR RAPIDS , CUSTOMERDATE 08/11/97 ORDER NO. 171cl3iffPLAIWT DELIVERED REQUISITION T NIE 1I ;- d0 SHIP TO IOWA CITY SHIPMENT OF DIFFERENT'T ORDERED BY THAN SOLD TO) _ AT(CITY) HAULER . 78 DELIVERED PROJECT SHER I DAN AVE SEWER BYPASS RECORD OF.; 827204 SALE DELIVERY ADDRESS STATION OR SIZE AND DESCRIPTION PRODUCT NO. QUANTITY WEIGHT/ MANHOLE PIECES FEET/METERS MASS *1ID 6 LOX 4. 9 MH BBL S CX2 034249 1. 0 4. 9 E.444+ 570 ALOK GASKET 092032 1 . 0 LOX 4. 0 MH BBL S CX2 034240 2. 0 8. 0 10520 LOX 3. 0 24TOP EMHCSCX2 048304 1. 0 5360 60 INCH CX2 GASKET 09021E 3. 0 *1ID 5 48X2. 8 INVRT BASESCX2 .0392a3 1. 0 5704 570 ALOK GASKET 092032 2. 0 385 ALOK GASKET 092023 1. 0 48X 4. 0 MH BBL S CX2 032240 2. 0 8. 0 7040 48X 2. 0 MH BBL S CX2 032220 1 . 0 2. 0 17E0 03 Ai . n v- co o C-, -t-, :‹� L/S # 8202466 6 7 TOTAL 36828 THE ABOVE MATERIAL WASI CEIVED IN GOOD ORDER AS TO PHYSICAL APPEARANCE EXCEPTIONS (IF ANY) HIRED COMPANY TRUCK C16)L3 6 :HAULER CO.TRUCK Hauled By The materials itemized in this shipment are certified to be in • compliance with the applicable A.A.S.H.T.O. and Iowa .)< ilDIsM R Department of Transportation plans and specifications. `: MIDWEST CONSTRUCTION Rcc'd By Authorized signature and date ORIGINAL P 1 AUG- 1-97 WED 11 :22 AM IOWA CONCRETE CR, IOWA FAX ND. 3193646158 . . •-, • ... . , . . n LOADING TICKET 0 NO. 82, o, 6 ' 1 .. i i '4 . .• • • • .• ,a6 :1/4 6:,.,•c*I.:‘... 1..(.!,. •j/ /i i . ri :1, .,•.: * . • N".." • •." 1‘• ° ''' ) 1;!: ; '•: " *.s. * -IOWA CONCRETE PRODUCTS CO. ti t. = ... 1 1 ...- • i :'-':,- .1 • - 1 ' • ' MANUFACTURER OF I...-. . ", • ENGLISH. • -- .,-..:•.J.r.-•,,r„.',1•;,- . . .. • /N V 0 r CE. "••;:•••:' ,!sal.4.,.,; • •••,'•.t.,-'•'-:' • CRETEX CONCRETE PIPE AND PRECAST PRODUCTS • -‘•••••,--r''.:°:•:•; ",,...•C.!•••,•Isrs.J.4'.../":-.-1(' . •. . : i /..'• -r74-"it,..;:•?,..-..d:..?.r.;...;•-.0•••,::, .I DWE Sy CONS T.RUC T 1 ON PLANT .e.• :4,- i•,...idt A • • . .. .. - ". ..fi•?•:..,....4....N.:: .•;70?...k.....,.. . • •.'•-•,'.--..._%.,:•-••:. ....... CEDAR RARED . . 4.-.&,..,,,..4:: I.:,----R.T-M17-4.1171 - • . ___,_________ 08/1/197 " ',,,'-'4,Q.A-:- " •- ' ititotiftl:'iCgg; -. , • PATE ,..s...- . .•tr--V...7'.5)-=‘:4'W'.''.!•:- . ••„:11„r..rt,,,„..,,,,4:1 .2 • • • '' • ..,-- • • ‘• • • . • .. . . . " .! .„ ..-: .L. .. • . )::••••"_!..71..t.1 §.41.1.E.1.1,141;-•.:.: ::•.... •.. ...; •-:, ., frnya•-1•`.•;• ' • wilmir j,.!..p.:A-•••••.--i44,...-,A.-,1 ' . .• • . -ti• •••••1:...........!.:.3.,...4v.IN okip.-!.c•ITY' - . .sitamENT- - • • • -'•::si. 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' . -' ,s:•• ••.:1,F.,.f..y. '...ri•'.•• ..:....:0••••;',4,.7., .,'",`C.,....:_•„?'•':i.:-Rv'''.• ':' - • •••••:••:i4.' :'.. __,.....:N71:01,•Ac,:e.-.•..).......-7-7, -.. •. • . Authorized signatuse tad date :t.•d'•:. ''It.• •• -.1•1*...,:'-.a:-.-f••.' l.:-..::•...--•.i•• `• • . IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY THE RIVER PRODUCTS COMPANY, INC. ) #42-0493820 ) ) NO. EQCV058826 Plaintiff, ) vs. ) ATTORNEY FEES AFFIDAVIT NEW HORIZON FS, INC.; CITY OF IOWA ) (SHERIDAN AVENUE) CITY, IOWA; DEL-CLAY FARM EQUIP- ) MENT; PETERSON CONTRACTORS, INC.; ) IOWA CITY READY MIX, INC. CROELL ) REDI-MIX, INC.; U.S. FILTER/WATERPRO, ) INC.; CONTRACTORS MACHINERY, INC.; ) CHRIS JONES TRUCKING; IOWA CON- ) _ CRETE PRODUCTS CO.; CASE EQUIPMENT ) o -19 COMPANY; NIKOL BORING,INC.; MID- ) >". WESTERN CULVERT, LTD.; QUINN EQUIP- ) c-) (-4ir— MENT, INC.; L.L. PELLING CO.; MIDWEST ) CONSTRUCTION & CRANE SERVICES, ) 70 T INC.;AND WESTERN SURETY COMPANY, ) o IN? 7 ` Z w J Defend ants. ) State of Iowa ) ) ss: County of Linn ) I, Kevin H. Collins, 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, expressed 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 bona fide law partnership with or associated with the undersigned in the above-entitled matter, or jointly EXHIBIT IOWA CONCRETE-2 serving with him, as attorney, in relation to this cause. That the defendant had information of the whereabouts of the contract sued upon, and reasonable opportunity to pay the same before the suit was brought herein. KEVIN H. COLLINS LI0000944 for SHUTTLEWORTH& INGERSOLL, P.C. 500 Firstar Bank Bldg., P.O. Box 2107 • Cedar Rapids, IA 52406 PHONE: (319) 365-9461 FAX: (319) 365-8564 ATTORNEYS FOR IOWA CONCRETE PRODUCTS CO., INC. Subscribed and sworn to before me this Ii-P\ day of March, 1998. ortortitg"tFsestO�` No . Public in and a : :te o' Iowa • co o r c-7- c' r Fl r- W J I END OF CASE FILE , s IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY REBECCA S. RUDMAN, ) ) NO. ( &V 0.) C�nur4 1 PLAINTIFF, ) ) ORIGINAL NOTICE vs. ) ) THE CITY OF IOWA CITY, THE CITY ) OF CORALVILLE, and JOHNSON ) COUNTY, IOWA, ) ) r .. DEFENDANTS. ) * rn % N TO THE ABOVE-NAMED DEFENDANTS: y � 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 Plaintiff's attorney is Davis L. Foster, 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 F. E i GbEC 1� CW RK OF THE A OVE COURT jb c s nle� Johnson County Courthouse Iowa City, Iowa 52240 If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA on coordinator at 319-398-3920 Ext. 200. (If _ you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) 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 REBECCA S. RUDMAN, ) 15 Pr', 2: 22 ) NO. PLAINTIFF, • P '�1'1T1Or ' AI Q'A'�V vs. ) ) .n THE CITY OF IOWA CITY, THE CITY ) ~ 0) ti OF CORALVILLE, and JOHNSON ) COUNTY, IOWA, ) _ — �-- DEFENDANTS. ) - __ =A :D PREAMBLE 1. The Plaintiff, Rebecca Rudman (hereinafter Rudman), is an individual residing in Johnson County, Iowa. 2. The City of Iowa City is a municipal corporation located in Johnson County, Iowa. 3. The City of Coralville is a municipal corporation located in Johnson County, Iowa. 4. Johnson County is a county organization organized under the laws of the State of Iowa. 5. On or about September 1, 1996, Rudman was threatened with assault by an in- dividual named Donald L. Wood (hereinafter Wood). 6. Rudman filed a domestic abuse petition on September 3, 1996, and on October 30, 1996, the Johnson County District Court entered a No Contact Order prohibiting Wood from having contact with Rudman. 2 7. Despite the entry of the No Contact Order, Wood continued to attempt to have contact with Rudman by electronic mail and by telephone. 8. On or about October 13, 1996, Wood phoned Rudman. Rudman contacted the Coralville Police to file a complaint. The police initially said that this was not enough to arrest Wood, but that they would investigate. Later a Coralville police officer called to say that Wood had been drinking and was sorry and asked whether Rudman wanted to send him to jail. She stated that she did and so the police arrested him. Wood was released from jail the next day. 9. On October 29, 1996, Wood sent e-mail to Rudman, called her on the phone, and arrived at her residence. He pushed his way into her residence, and set her hair on fire while the children were in the residence. He also made indirect threats towards her children. The police were called, and Wood was arrested. He posted bond. A No Contact Order was placed into effect by the Johnson County District Court. As a result of this No Contact Order, the civil domestic abuse no contact order was to be dropped. 10. On November 15, 1996, Wood called Rudman at her place of work. He made statements regarding what type of clothing her children were wearing that day, implying that he knew where they were at. He ordered her to make a recording saying that she was forced to make the charges against him or had them. He wanted her to sign a document agreeing that she had made false charges and then to commit suicide. 11. On November 15, 1996, Rudman called the Iowa City Police Department, con- sisting of individuals who are employees of The City of Iowa l ,L. Ohe'; lthat Wood had contacted her and the substance of the contact, as described 81zo .14,j 9 I or 96 3 • 12. The Iowa City Police refused to arrest Wood because the phone took place while Rudman was at her place of employment at the University of Iowa, because Wood resided and made the call from Coralville, leading the Iowa City Police to take the position that they did not have jurisdiction over the violation of the No Contact Order, and because the Iowa City Police could not confirm that a No Contact Order existed. 13. Employees of The City of Iowa City Police Department notified employees of The City of Coralville, consisting of the employees of the police department for The City of Coralville of the allegation, and notified the University of Iowa Public Safety Department of the allegations. 14. Rudman believes that all law enforcement agencies contacted employees of Johnson County, consisting of the Johnson County Sheriff's Office, to verify the existence the No Contact Order. 15. The Johnson County Sheriff's Office had failed to enter the No Contact Order on its computer and could not or would not verify the existence of the No Contact Order through any other source. 16. No law enforcement agency, specifically to include the Iowa City Police De- partment, the Coralville Police Department, or the Johnson County Sheriff's Office, would ar- rest Mr. Wood for the violation of the No Contact Order. 17. On November 16, 1996, employees of Johnson County, consisting of the John- son County Attorney's Office, verified the existence of the No Contact Order, but because this dated was a Saturday, refused to make arrangements to have Mr. Wood arrested until Monday, November 18, 1996. Nd 91O, feJ 4 18. On November 17, 1996, Wood came to the residence of Rudman where he at- tacked, abducted, assaulted, and sexually abused her. 19. Rudman sustained injuries, both temporary and permanent in nature, and both physical and psychological, and incurred other consequential damages, all as a result of the attack by Wood. COUNT I NEGLIGENCE COMES NOW Plaintiff, through her attorney, and states the following cause of action against the Defendants. 1. Rudman repleads paragraphs 1-15 of the Preamble as if set out in full herein. 2. The creation of the No Contact Order and the communications by Rudman to law enforcement agencies and the Johnson County Attorney's Office created a special relation- ship between Rudman and the City of Iowa City, City of Coralville, and Johnson County, and specifically between Rudman and the employees of the law enforcement agencies of those gov- ernment entities. 3. The Defendants were each negligent in failing to perform those duties owed to Rudman during the existence of that special relationship. 4. As a proximate cause of the negligence of the Defendants, Rudman was injured and suffered damages. 5. The damages sustained exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 3. r . ,� 13 If,.ni zz :zd si frTr�' .7j _. �� 5 WHEREFORE, Plaintiff, Rebecca Rudman, requests judgment against the Defendants, The City of Iowa City, The City of Coralville, and Johnson County, 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: 2.-.z.) L Davis L. Foster 000001608 703 South Clinton Street P.O. Box 720 Iowa City, IA 52244-0720 319-339-7727 Attorney for Plaintiff v:12a3375.doc vm 0I `Ai.Ia V,A01 3z : d 91 tivr 86 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY REBECCA S. RUDMAN, ) ) NO. ( tC_UC) (.4 PLAINTIFF, ) ) JURY DEMAND vs. ) ) �D THE CITY OF IOWA CITY, THE CITY ) -. co ---rt OF CORALVILLE, and JOHNSON ) COUNTY, IOWA, ) ' tt I DEFENDANTS. ) * * * -- w co COMES NOW Plaintiff, and hereby demands a trial by jury of all fact issues in this case. DATED this 100" day of InEarg_ , 1996. FOSTER LAW OFFICE By: c,4 t- Davis L. Foster 000001608 703 South Clinton Street P.O. Box 720 Iowa City, IA 52244-0720 319-339-7727 Attorney for Plaintiff kiln] 01 33 :3 91 n yr E6 END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DETLEF R. SCHELLIN ) NO. EC ' 0 5441495 Plaintiff(s), ) ORIGINAL NOTICE — w 0 zzr- c vs. ) D7.7 - ..... CITY OF IOWA CITY ) � c ) :< "a741 Defendant(s). ) — N a' 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 for Declaratory Judgment and for Injunctive Relief, a copy of which is attached hereto. The Plaintiffs attorney is John M. Maher, of Maher& Nidey Law Firm,4201 First Avenue S.E., Cedar Rapids, Linn County, Iowa. 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 in and 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 E. STEINBRECH /Scd.vtz4ytttzt,u CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa NOTE: The attorney who is expected to represent the Defendant should be promptly advised by the Defendant of service of this Notice. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your ADA coordinator at 1-319- , 211 ext 4362. If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942. 398 300 400 • r • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ) DETLEF R. SCHELLIN ) NO. F Q c v o 5q 4(45 ) Plaintiff(s), ) PETITION FOR DECLARATORY ,.\-\ JUDGMENT AND FOR INJJJNC I E vs. ) RELIEF -:&• ) '., f c\ CITY OF IOWA CITY ) t''4 �) v Defendant(s). ) 2 / DIVISION I TAKING OF PROPERTY IN VIOLATION OF CONSTITUTION AND CODE COMES NOW THE PLAINTIFF,Detlef R. Schellin, and states: 1. The Plaintiff is a resident of the City of Iowa City, Iowa, and is the owner of certain real estate situated in Iowa City, Johnson County, Iowa,which real estate is described in Exhibit "A", attached hereto and by this reference incorporated herein. 2. The Defendant is a "City" within the meaning of§363.2 (4) and §6A.6 of the Code of Iowa. 3. The Defendant has commenced or may commence a proceeding to condemn the real estate owned by the Plaintiff,purporting to act under the authority of Article I, §18 of the Constitution of the State of Iowa and §6A.6 of the Code of Iowa. 4. The Defendant has sought or may seek to condemn the real estate owned by the Plaintiff for a project known as the 1996 Iowa City Airport Master Plan Property Acquisitions Project, which purports to act under the authority of Chapter 6A and Chapter 6B of the Co4sof 5. The purpose for which Defendant has sought or may seek to condemn the re..A estie a w ----- owned --„owned by the Plaintiff does not constitute a public use or purpose within the mean g of le 1 Constitution of the State of Iowa or Chapters 6A or 6B of the Code of Iowa. 6. The purpose for which Defendant has sought or may seek to condemn the real estate owned by the Plaintiff does not constitute a public purpose which is reasonable and necessary as an incident to the powers and duties conferred upon cities,within the meaning of§6A.4 (6) of the Code of Iowa. 7. The actions of the Defendant in seeking to condemn the real estate owned by the Plaintiff and described in Exhibit "A" hereto attached, constitute a taking of Plaintiffs property in violation of Amendments 5 and 14 of the Constitution of the United States, and Article I, §1, §6, §9 and §18 of the Constitution of the State of Iowa. 8. The Plaintiff has no adequate remedy at law and is entitled to injunctive relief. WHEREFORE,PLAINTIFF PRAYS that the Court set the within and foregoing Petition for Declaratory Judgment for hearing, and upon such hearing, that the Court find that the proposed action of the Defendant violates the Constitution of the United States,the Constitution of the State of Iowa and of the Code of Iowa. PLAINTIFF FURTHER PRAYS that the Court set a hearing on Plaintiffs request for Temporary Injunction and upon such hearing that a Temporary Injunction be issued, enjoining and restraining the City of Iowa City from proceeding with the condemnation of Plaintiffs property. PLAINTIFF FURTHER PRAYS for such other and further relief as to the Court seems CO just and equitable in the premises. o O y' i Page 2 of 7 kr) co C i3 f7_ DIVISION II >77 =--a. VIOLATION OF CHAPTER 23A w -4 PLAINTIFF STATES: r,, 1. The allegations of Paragraph 1 of Division I above herein are incorporated herein as fully as if set forth verbatim in their entirety; further,that the Plaintiff is an aggrieved person within the meaning of§23A.4 of the Code of Iowa. 2. The allegations of Paragraph 2 of Division I above herein are incorporated herein as fully as if set forth verbatim in their entirety; further the Defendant is a political subdivision of the state of Iowa within the meaning of§23A.1 of the Code of Iowa. 3. The allegations of Paragraphs 3 and 4 of Division I herein are incorporated herein as fully as if set forth verbatim in their entirety; further,the Defendant has sought or may seek to condemn the real estate owned by the Plaintiff and other real estate owned by other persons, for a project known as the 1996 Iowa City Airport Master Plan Property Acquisitions Project,which purports to act under the authority of Chapter 6A and Chapter 6B of the Code of Iowa.. 4. The purpose for which Defendant has sought or may seek to condemn the real estate owned by the Plaintiff and other real estate owned by other persons,constitutes competition by a political subdivision with private enterprise, in violation of§23A.2 of the Code of Iowa. 5. That no remedy exists at law for Plaintiff, other than injunction,temporary and permanent, against the Defendant, to enjoin and restrain the condemnation and taking of the property of the Plaintiff and other persons, all in violation of Chapter 23A of the Code of Iowa. 6. The Plaintiff has no adequate remedy at law and is entitled to injunctive relief. Page 3 of 7 7. There are no remedies offered by chapter 17A of the Code of Iowa against the Defendant and the same have therefore been exhausted by Plaintiff within the meaning and requirement of §23A.4 of the Code of Iowa. 8. The Plaintiff is entitled to an award of fees and expenses as defined in §625.28, Code of Iowa. WHEREFORE,Plaintiff prays that the Court set a hearing on Plaintiffs request for Temporary Injunction and upon such hearing that a Temporary Injunction be issued, enjoining and restraining the City of Iowa City from proceeding with the condemnation of Plaintiffs property and the property of other persons in connection with the 1996 Iowa City Airport Master Plan Property Acquisitions Project, and from entering upon any plan,project or enterprise in violation of Chapter 23A of the Code of Iowa. PLAINTIFF FURTHER PRAYS that the within Petition be set for trial and that upon such trial, that a permanent injunction be issued,permanently enjoining and restraining the City of Iowa City from proceeding with the condemnation of Plaintiffs property and the property of other persons in connection with the 1996 Iowa City Airport Master Plan Property Acquisitions Project, and from entering upon any plan, project or enterprise in violation of Chapter 23A of the Code of Iowa. PLAINTIFF FURTHER PRAYS that the Court assess against the City of Iowa City all damages, fees and costs available to the Plaintiff under Section 625.28 of the Code of Iowa. PLAINTIFF FURTHER PRAYS for such other and further relief as to the Court seems t co just and equitable in the premises. -77 Page 4 of 7 _ L w -J DIVISION III APPLICATION FOR TEMPORARY INJUNCTION PLAINTIFF STATES: 1. Plaintiff incorporates in this Paragraph each and all the allegations of Paragraphs 1 through 7 of Division I, as fully as if set forth verbatim in their entirety. 2. Plaintiff incorporates in this Paragraph each and all the allegations of Paragraphs 1 through 7 of Division II, as fully as if set forth verbatim in their entirety. 3. Unless a Temporary Injunction issues during the pendency of Plaintiffs action to enjoin and restrain the Defendant from proceeding with the condemnation and taking of Plaintiffs property, the Plaintiff will be irreparably harmed and damaged. 4. Unless a Temporary Injunction issues during the pendency of Plaintiffs action to enjoin and restrain the Defendant from proceeding with the condemnation and taking of Plaintiffs property,the subject matter of the above and foregoing litigation will be rendered moot and any judgment of the Court in the Plaintiffs favor will be rendered ineffectual. 5. The Plaintiff has no adequate remedy at law and is entitled to injunctive relief. 6. No Court or Justice has been presented with any request for the relief requested herein, nor any part hereof,nor has any Court or Justice refused any request for the relief requested herein,nor any part hereof. m 111 • oma- y G� Page 5 of 7 `� � J , WHEREFORE,PLAINTIFF PRAYS that the Court enter its Order for Writ of Temporary Injunction, restraining and enjoining the Defendant from proceeding with the condemnation of Plaintiffs property and the property of other persons in connection with the 1996 Iowa City Airport Master Plan Property Acquisitions Project, and from entering upon any plan,project or enterprise in violation of Chapter 23A of the Code of Iowa; PLAINTIFF FURTHER PRAYS for such other and further relief as to the Court seems just and equitable in the premises. MAHER&NIDEY FIRM By: Jo if!'Maher, LI0009593 4 fff1 First Avenue S.E. Cedar Rapids, IA 52402 (319) 363-0000 (Phone) (319) 364-5110 (Fax) ATTORNEY FOR PLAINTIFF co *11 O 3 Z Page 6 of 7 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ) / q DETLEF R. SCHELLIN ) NO. (QC VW / ) Plaintiff(s), ) ACCEPTANCE OF SERVICE ) vs. ) CITY OF IOWA CITY ) ) Defendant(s). ) ,) The undersigned h'tasc art /c4r r , being the (24er ark of the City of Iowa City, states that (s)he is authorized by the City of Iowa City to acknowledge receipt of personal service of the Petition and Original Notice in the above and foregoing matter, and that he accepts same in such capacity, waiving any irregularities of service and submitting the City of Iowa City to the jurisdiction of the above Court in the above and foregoing matter. (Title END OF CASE FILE