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HomeMy WebLinkAbout1999 Lawsuits IN THE IOWA DISTRICT COURT FOR POLK COUNTY LARRY WEIR ) ) Plaintiff ) CL 80434 ) vs. ) ) ORIGINGAL NOTICE ) CITY OF IOWA CITY, ) IOWA CITY POLICE DEPARTMENT, ) p ,i and UNKNOWN IOWA CITY POLICE ) *0 r OFFICERS and/or JAILERS ) n -+ m 0 co Defendants ) �o� y Q > W TO THE ABOVE-NAMED DEFENDANT: "' You are hereby notified that there is now on file in the office of the Clerk of Court for Polk County a petition in the above entitled action, a copy of which petition is attached hereto. The Petitioner's attorney is Kenneth J. Weiland Jr., 923 20th Street, Des Moines, Iowa 50314, phone: 515-280-3949, fax: 515-242-0209. You are further notified that unless within twenty days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file a motion or answer in the County Courthouse in Des Moines, Iowa,judgment by default could be rendered against you for the relief demanded in the Petition. . Clerk of the Above Court NOTE: The attorney who is expected to represent the Defendant should be promptly advised by Respondent of the 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 515-286-3394. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) IN THE IOWA DISTRICT COURT FOR POLK COUNTY LARRY WEIR ) Plaintiff ) Case No. ) vs. ) ) PETITION AT LAW ) AND JURY DEMAND CITY OF IOWA CITY, ) IOWA CITY POLICE DEPARTMENT, )and 0 OFFIC RS OWN and/orOJAILER5 CITY POLICE )WA o c?�, w Defendants ) _ F, Q . D Plaintiff, for his Petition at Law, states: cn PARTIES 1. The Plaintiff, Larry Weir, at all times present in this Petition was a resident of Linn County, Iowa. 2. The Defendant, City of Iowa City, at all times present in this Petition is and was a municipality located within the County of Johnson, State of Iowa. 3. The Defendant, Iowa City Police Department, at all times present in this Petition is and was a law enforcement agency organized and controlled by the Defendant City of Iowa City. 4. The Defendants, Unknown Iowa City Police Officers and/or Jailers, are unknown to the Plaintiff at this time as to their exact names but were in the employ of the Defendant, Iowa City Police Department and City of Iowa City. GENERAL ALLEGATIONS 5. Plaintiff realleges and incorporates paragraphs 1 through 4 of this petition. 6. The Plaintiff was transferred from custody of the Cedar Rapids Police Department to the Iowa City Police Department on or about the 17th day of July 1997, after having been arrested by the Cedar Rapids Police on a warrant from Johnson County.. 7. At the time the Plaintiff was transferred from custody of the Cedar Rapids Police the Plaintiff had been in custody nearly twelve hours. 8. The Plaintiff suffers from diabetes and requires insulin to control said condition. 9. The Cedar Rapids Police had not provided the insulin that the Plaintiff required and indicated that the Defendant, Iowa City Police, would take care of the Plaintiffs needs. 10. The Plaintiff did not have his insulin with him, and the Defendant, Iowa City Police, did not provide the necessary insulin at any time. 11. The Defendant, Iowa City Police, did have a paramedic check the Plaintiff, and the Paramedic determined that the Plaintiffs sugar level was so high that he should be in a diabetic coma. 12. At approximately 10:00 pm the Defendant, Iowa City Police, released the Defendant by taking him to the University of Iowa Hospital and dropping him off, that is they dropped him off outside the hospital without making sure he got into the hospital and received his treatment.. 13. The Plaintiff was not able to get treatment at the hospital, and in fact did not get to his insulin until nearly 6:00 pm the following day.. _ 0 Q CAUSE OF ACTION n DENIAL OF CARE 14. Plaintiff realleges and incorporates paragraphs 1 through 13 of this petition. y 15. The Defendant, Iowa City Police and Unknown Officers, failed to provide the necessary medical care that the Plaintiff required and that the Defendant was required to provide as the Plaintiff was in the Defendant's custody. 16. In Denying the Plaintiff his necessary and critical care the Defendant endangered the Plaintiffs life and caused him injury by affecting his overall health. 17. In failing to provide the Plaintiff his necessary medical care the Defendant, Iowa City Police and Unknown Officers, violated Iowa Code Section 356.5. CAUSE OF ACTION CRUEL TREATMENT OF PRISONER 18. Plaintiff realleges and incorporates paragraphs 1 through 17 of this petition. 19. The Defendants, Iowa City Police and Unknown Officers, violated Iowa Code Section 356.23 by treating the Plaintiff in a cruel and inhuman manner by denying him critically needed medical attention and endangering the Plaintiffs life by such treatment. 20. The Cruel Treatment of the Plaintiff constitutes an assault as the Defendants caused the Plaintiff insult and injury by withholding needed medical treatment, knowing that such treatment was necessary and that the Plaintiff could not obtain the treatment without assistance of the Defendants. CAUSE OF ACTION FAILURE TO PROTECT PRISONER 21. Plaintiff realleges and incorporates paragraphs 1 through 20 of this petition. 22. The Defendants, Iowa City Police and Unknown Police Officers and/ or Jailors, violated Iowa Code Section 356.24 by not protecting the Plaintiff, a prisoner in their charge, from insult and annoyance. 23. The Plaintiff suffered insult and annoyance by being denied necessary medical treatment which is required for the survival of the Plaintiff 24. The Defendants caused the Plaintiff to suffer the referenced insult and annoyance by refusing to provide the necessary medical treatment that the Plaintiff required. _ o O a ~T1 CAUSE OF ACTION C�~ w rn n RESPONDEANT SUPERIOR in tr. 0 O� 25. Plaintiff realleges and incorporates paragraphs 1 through 24 of this petition. 26. Defendant, City of Iowa City, is ultimately responsible for the acts of the other Defendants. 27. If the other Defendants are liable for the actions stated herein the Defendant, City of Iowa City, is to be held liable for the damages sustained by the Plaintiff. DAMAGES 28. Plaintiff realleges and incorporates paragraphs 1 through 27 of this petition. 29. The Plaintiff suffered pain and suffering as a direct result of the actions of the Defendants as decscribed herein. 30. The Plaintiff suffered permanent injury to his overall health as a direct result of the actions of the Defendants as described herein. 31. The Plaintiff continue to suffer both pain and suffering as a direct result of the actions of the Defendants as described herein. 32. The Plaintiff suffered and continues to suffer emotional distress as a direct result of the actions of the Defendants as described herein. 33. The Plaintiff suffered and continues to suffer mental anguish as a direct result of the actions of the Defendants as described herein. PUNITIVE DAMAGES 33. Plaintiff realleges and incorporates paragraphs 1 through 33of this petition. 34. Plaintiff is entitled to recover punitive damages in this matter against the Defendant, Unknown Officers, as the Defendants acted willfully and intentionally. 35. The Defendants actions were willful and deliberate and were taken with intentional disregard for the Plaintiff. 36. The Plaintiff is entitled to recover Punitive damages and the Plaintiff hereby demands that punitive damages be awarded and assessed against the Defendants in such amount(s) as the jury determines based upon Iowa law and the evidence. WHEREFORE, Plaintiff prays for judgment against Defendants in an amount that will fully and completely compensate the Plaintiff for the injuries and damages sustained, and further that punitive damages be awarded against the Defendants together with interest thereon as provided by law, and for the costs of this action. 0 Q -n JURY DEMAND 0rn 34 Plaintiffs hereby demand a trial by jury. o Ca cn Kenneth J. Weil. d r. 480920099 WEILAND LAW FIRM 923 20th Street Des Moines, Iowa 50314 PH: (515) 280-3949 Fax: (515) 242-0209 ATTORNEY FOR PLAINTIFF r p `o n vf:;-1 C-2 (? ? l Q ox = Grk IN THE IOWA DISTRICT COURT FOR POLK COUNTY LARRY WEIR ) ) Plaintiff ) CL 80434 ) vs. ) ) APPLICATION FOR CHANGE OF VENUE CITY OF IOWA CITY, ) IOWA CITY POLICE DEPARTMENT, ) and UNKNOWN IOWA CITY POLICE ) OFFICERS and/or JAILERS ) ) Defendants COMES NOW THE Plaintiff in the above entitled matter and enters this application for change of venue, in support thereof states the following: 1. The Plaintiff filed the petition in Polk County as that was and is the County the Plaintiff resides in and the County where his attorney lives and works in as well. 2. The Plaintiff was not able to get the Petition filed until the day before the Statute of Limitations expired. 3. The Plaintiff was not able to travel to the appropriate county to file the Petition and therefore under Rule 175, which allows for an action to be prosecuted in the wrong county until a change of venue is requested, the Plaintiff filed the Petition in Polk County and is now requesting an order to change the venue of the above matter. WHEREFORE the Plaintiff prays that the Court enter an order changing the venue of the above entitled matter to Johnson County District Court, and order the Clerk of Court to transfer the files and have the Johnson County Clerk of Court assign a new case number to the file. c) D-; :; --n rn oT " U y c^� cn • • / Kenneth J. Weiland Jr. 480920099 WEILAND LAW FIRM 923 20th Street Des Moines, Iowa 50314 PH: (515) 280-3949 Fax: (515) 242-0209 ATTORNEY FOR PLAINTIFF -c5 .o O ,a D -n Cin o� = �T c) • • IN THE IOWA DISTRICT COURT FOR POLK COUNTY LARRY WEIR ) ) Plaintiff ) CL 80434 ) vs. ) ) ORDER FOR CHANGE OF VENUE CITY OF IOWA CITY, ) IOWA CITY POLICE DEPARTMENT, ) and UNKNOWN IOWA CITY POLICE ) OFFICERS and/or JAILERS ) ) Defendants ) - cf- NOW ON THIS 1 day of 19 � l the Plaintiffs application for change of venue comes before the Court. The Court having reviewed the application and having heard the arguments of counsel finds as follows: The proper venue for the above referenced action is Johnson County, Iowa. IT IS THEREFORE ORDERED that the Plaintiffs application for change of venue is granted and venue is changed to Johnson County, Iowa: The Plaintiff shall pay Court costs assessed by Polk County Clerk of Court at $80.00 filing fee. Upon payment of all Court costs the Polk County Clerk of Court shall transcribe the pleadings in this file to the Johnson County Clerk of Court, pursuant to Iowa Rule of Civil Procedure 175 (b). JUDGE F TH JUDICI.AL DI: RICT OF IOWA ez 55 o rn 'moo 13WW1S:Q ldn313 L- 0 11`.' ;Id I - 130 66r I w 110d END OF CASE FILE Iowa District Court for Johnson County THE RIVER PRODUCTS COMPANY, INC., Plaintiff, No. EQCV 58826 Vs. PRETRIAL STATEMENT OF New Horizon FS, Inc., City of Iowa City, DEFENDANT SELCO, INC. Iowa; Del-Clay Farm Equipment; Peterson Contractors, Inc., Iowa City Ready-Mix, Inc., Croell Redi-Mix, Inc., Waterpro Supplies Corporation; Contractors Machinery, Inc., Chris Jones Trucking; Iowa Concrete Products Co.; Case Equipment Company; Nikol Boring Inc., Midwest Construction & Crane Services, Inc,; and Western Surety Company; to o Defendants. n �'I C- N Western Surety Company, -tet_. Third-Party Plaintiff, c=> VS. co Aero Rental, Inc.; Ron LeClere d/b/a Ron LeClere Sodding and Grading; Steve Dawson d/b/a Action Sewer and Drain Cleaning; Boyd and Rummelhart, Inc. d/b/a Contractors' Tools & Supply Co.; Gerard Trucking Company; Selco, Inc,; and Weber Mid-State Construction, Inc.; Third-Party Defendants. Nagle Lumber Co., Intervenor. COMES NOW SELCO, INC., an Iowa Corporation, (hereinafter "SELCO") through its undersigned attorney, and for Pretrial Statement in compliance with the Order entered in this matter October 22, 1998 states as follows: 1. It does not believe there are any facts, documents or records in dispute. C. m C. . 2. There should be no factual issues to be tried. The legal issue to be tried is entitlement to the $8,855.36 deposited with the Court by the City of Iowa City. Said sum had been retained by Iowa City in connection with the construction of a public improvement pursuant to Iowa Code 573.12. Selco, Inc., and each of the other claimant parties who answered the Petition filed in this action claim they are each entitled to the amount of their claim filed in this matter, less the amount received pursuant to an Order entered September 2, 1998, plus attorney fees pursuant to 573.12 and interest pursuant to Iowa Code 573.12 and 573.14. Western Surety Company, a party herein, claims they are entitled to said sum pursuant to the terms of a surety bond contract with the general contractor for the public improvement project, Midwest Construction, posted with the City of Iowa City pursuant to the provisions of Iowa Code Chapter 573. 3. Selco, Inc initially filed its claim in the amount of$ 1,500.00, received payment of$1493.45 pursuant to the Order entered September 2, 1998, and is claiming damages for the balance in the amount of$6.55 plus interest and attorney fees. 4. At this time, Selco, Inc.'s only exhibits will be its claim filed in this matter and exhibits supporting attorney fees. 5. Selco, Inc. is willing to consider settlement, but there have been no discussions regarding settlement. • 11 PROOF OF SERVICE By: The undersigned certifies that the foregoing instrument was served upon the persons listed Les M. Blair, III,#14358 below by personal service or by U.S.Mail,onq810 CyCare Plaza - o , i ss I 700 Locust Street 5511u2-q:k T, _ Dubuque, IA 52001-6824 ��,,n c (319) 588-1970 �" Fax (319) 588-1443 cc. C. Peter Hayek Hayek, Hayek & Brown, LLP o c Bremer Building ` 120 '/z East Washington St c--)—• c Iowa City, IA 52240 y Attorney for River Products Company, Inc. per_ " Thomas M. Buchanan co co Thomas M. Buchanan Elwood, Elwood, &Buchanan 305 West State, Box 70 Williamsburg, IA 52361 Attorney for Williamsburg Lumber Store Kevin H. Collins Shuttleworh& Ingersoll,PC 500 Firstar Bank Bldg Cedar Rapids, IA 52406 Attorney for Iowa Concrete Products Co.,Inc. L.C. McMeen Hamed and McMeen PO Box 267 Marengo, IA 52301 Attorney for Marengo Ready Mix, Inc. William D. Werger 401 East Main St Manchester, IA 52057 Attorney for Funke, Inc. D/b/a Del-Clay Farm Equipment Robert S. Michael Lynch, Greenleaf&Michael, LLP 1402 Willow Creek Court Iowa City, IA 52244-1757 Attorney for Chris Jones Trucking and Nagle Lumber Company Eleanor M. Dilkes City Attorney 410 E. Washington St Iowa City, IA 52240 a Attorney for City of Iowa City o `a �rl a >.= z "1i Kurt R. Leistikow IN3 .1" 115 Broad St —t c co r- _,. Reinbeck, IA 50669 Attorney for Peterson Contractors, Inc. r ;;+ y � c Bruce A. Willey Willey Law Firm, PC 1921 51St St NE Suite 2A 1 � . Cedar Rapids, IA 52402 Attorney for Contractors Machinery,Inc. Attorney for Case Equipment Company Michael W. Kennedy Kirsten H. Frey Kennedy, Cruise, Anderson, &Frey, LLP 920 S. Dubuque St Iowa City, IA 52244 Attorneys for Iowa City Redi-Mix, Inc. Lawrence L. Lynch Lynch,*Greenleaf&Michael,LLP 1402 Willow Creek Ct Iowa City, IA 52244 Attorney for L.L. Pelling Co. Douglas S. Russell uo Stein, Russell & Pugh, LLP c-) v 'moi Englert Bldg Iowa City, IA 52244 _ f7' Attorney for New Horizon FS, Inc. 7.(1- , rT Steven H. Lytle L- a) Nyemaster, Goode,Voigts, West, Hansell & O'Brien PC 700 Walnut, Suite 1600 Des Moines,IA 50309-3899 Attorney for Waterpro Supplies Co. John F. Fatino Benjamin B.Ullem Whitfield& Eddy,PLC 317 6`h Ave Suite 1200 Des Moines, IA 50309-4195 Attorney for Western Surety Company Marc W. Casey PO Box 274 Dyersville, IA 52040 Attorney for Nikol Boring, Inc. Brian Stone,President Midwestern Culvert, Ltd. 1114 SE Lorenz Dr Ankeny, IA 50021 Midwest Construction& Crane Services,Inc. 955 Cinunie Ave NE Cedar Rapids, IA 52402 John L. Lane PO Box 5245 Cedar Rapids, IA 52406 Attorney for Quinn Equipment, Inc. Wesley B. Huisinga Ragna M. Urberg 115 Third St SE Suite 1200 Cedar Rapids, IA 52401-1266 Attorneys for Croell Redi-Mix, Inc. Ron LeClere Sodding &Grading o �° PO Box 216 North Liberty, IA 52317 -c c. co t4'11"" ;Gr_.. a rrr- Aero Rental, Inc. rr Lloyd M. Baumgartner,Registered Agent =7, ?MT 227 Kirkwood Ave ›- Iowa Iowa City, IA 52240 Co Boyd&Rummelhart, Inc. D/b/a Contractors Tool &Supply Co. 1423 Waterfront Dr Iowa City, IA 52240 Steven Dawson Action Sewer& Drain Cleaning 3619 Taft Ave SE Iowa City, IA 52240 Neuzil & Sanderson PO Box 1607 Iowa City, IA 52244 Attorneys for Gerard Trucking Company,Inc. Weber Mid-State Construction,Inc. Harold A. Weber 861 County Home Rd Springville, IA 52336 END OF CASE FILE to CD r. c ---- IOWA IOWA DISTRICT COURT c)`' 1v JOHNSON COUNTY 7< r- off, -;77.N & N SANITATION, INC. ) NO. LACV059890 Plaintiff, ) vs ) REQUEST FOR PRODUCTION OF DOCUMENTS AND EXAMINATION CITY OF CORALVILLE, ) OF PUBLIC RECORDS UNDER IOWA CODE SECTION 22 Defendant. ) TO CITY OF IOWA CITY TO: City of Iowa City City Hall 410 East Washington Iowa City, Iowa Plaintiff, pursuant to Iowa Code Section 22 . 2 et seq. , requests that the City of Iowa City produce and permit the inspection and copying of all of the following documents on Wednesday, July 7, 1999 at 9 a.m. at the office of the City Manager, City Hall, 410 East Washington, Iowa City, Iowa. : 1 . All documents relating to N & N Sanitation; 2 . All documents relating to transfer stations in which the City of Iowa City has been involved; 3 . All documents relating to communications with the Department of Natural Resources (DNR) or with any other agency regarding transfer stations; 4 . All documents relating to transfer stations that are subject to permitting requirements and/or that should be subject to permitting requirements; 5 . All minutes of the technology advisory committee involving discussions of N & N Sanitation, transfer stations, permits for transfer stations, and inclusion or exclusion of transfer stations in comprehensive plans; 6 . All communications between or among the City of Iowa City' s employees, board of adjustment members or city council members about N & N Sanitation' s transfer station, permitting requirements for transfer stations and inclusion or exclusion of transfer stations in comprehensive plans . //k—a 4 O� �R W. STONE LI0005358 PAUL P. MORF #LI0015764 SIMMONS, PERRINE, ALBRIGHT & ELLWOOD, PLC 115 Third Street S .E. , Suite 1200 Cedar Rapids, Iowa 52401-1266 Telephone : 319/366-7641 Facsimile : 319/366-1917 ATTORNEYS FOR PLAINTIFF Lo O c_._ r, c Copy to: *> s— Terry J. Abernathy -a L- ' P I CKENS, BARNES & ABERNATHY ;" 101 Second Street SE, 10th Floor r:-:: P. O. Box 74170 Cedar Rapids, IA 52407-4170 L al CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon each of the attorneys of record of all of the parties to the above-entitled cause by enclosing the same in an envelope addressedo each such attorney at his respective address as disclosed by the pleadings of record herein on )./.�1 / , 1999. // By II.S. Mail 0 FAX ❑ Hand Delivered 0 Overnight Courier ❑ Federal Express ❑ Other f.-4.-{,41,1..a 02.44,41.0-11‘2 cam: e11 P U) 2 END OF CASE FILE IN THE SIXTH JUDICIAL DISTRICT IN AND FOR JOHNSON COUNTY CIVIL DIVISION KYRON KOOKIN, ) Plaintiff, ) No.L.AC V t_00\D0 vs. ) ORIGINAL NOTICE THE CITY OF IOWA CITY, IOWA, ) Defendant. ) TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition in the above-entitled action, a copy of which Petition is attached hereto. The Plaintiffs attorney is Jeffrey J. Neppl of The Neppl Law Firm, LTD., whose address is 1600 — 4th Avenue, Rock Island, Illinois 61201. You are further notified that UNLESS YOU FILE AN ANSWER WITHIN 20 DAYS of receipt of this notice, at the JOHNSON COUNTY COURTHOUSE, and serve within a reasonable time thereafter the same on plaintiff,A DEFAULT JUDGMENT WILL BE ENTERED against you. LODEMA BERKLEY Clerk of the Above Court, Johnson County,Ioowa, By: &( j 1 Deputy 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 are hearing impaired, call Relay Iowa,TTY at 1-800-735-2942). cp t m >n c dl C , P1^ , C s a a C �c7 tD r. IN THE SIXTH JUDICIAL DISTRICT IN AND FOR JOHNSON COUNTY Cm CIVIL DIVISION 23,,3 * q c,, KYRON KOOKIN, ) COI Plaintiff, ) No. ACV Ot99 , vs. ) ^ � r PETITION AT LAW J• THE CITY OF IOWA CITY, IOWA, ) 1.11 -o Defendant. ) ff '*3 COMES NOW the Plaintiff, Kyron Kookin, by his attorneys, The Neppl Li§W irm, Lit., and complaining against the defendant, the City of Iowa City, Iowa, states as follows 1. That on and before February 14, 1999, the defendant, the City of Iowa City, Iowa, was a governmental body charged with the overall responsibility for the maintenance of the sidewalks and roadways located within the City of Iowa City, Iowa. 2. That at the time and place alleged, plaintiff was a student at the University of Iowa located in Iowa City, Iowa. He also lived within the City of Iowa City, Iowa. 3. That on or before February 14, 1999 , defendant invited the general public, including the plaintiff, to use its roadways, and its sidewalks,while within the City proper of Iowa City, Iowa. 4. At all times relevant hereto, it was the duty of the defendant, by and through its agents, servants and employees to keep the streets and sidewalks within the City of Iowa City, Iowa, in repair, free from nuisance, and to exercise reasonable care under the circumstances to inspect its sidewalks. See section 364.12 of the City code of Iowa. 5. That on February 14, 1999, plaintiff was lawfully walking on Brown Street,within the City of Iowa City, Iowa, and in this regard was walking down Brown street heading to the premises located at 724 North Dubuque Street in Iowa City, Iowa. While walking in that direction, the plaintiff was caused to trip on a large crack in the sidewalk located directly in front of the house situated at 215 Brown street, Iowa City, lowa.(the"sidewalk crack"). 6. The sidewalk crack was in such a state of disrepair that there was an approximate three to four inch gap between the asphalt roadway and the place at which the sidewalk began. Said hole was also approximately 36 inches long, had a depth of 5 to 6 inches, and was 3 to 4 inches in width along the crack line. And, due to the length of time that the state of disrepair had • existed, the cement head heaved from its normal plane which resulted in be crack being approximately two inches above the normal plane of the roadway and sidewalk. o *r' c "fl 7. That, disregarding its stated duty, defendant, by its agents, employees, and sr'ierlts, r committed the following acts and omissions: =Grn rn a. Failed to provide a good, safe, and proper place for plaintiff to befahyl p; occupy, and walk on while within the City proper of Iowa City, loWil b. Failed to provide a good, safe, improper means of ingress and egress to and from the residences located within the City proper of Iowa City, Iowa. c. Failed to properly maintain and repair the roadways and sidewalks located within the City proper of Iowa City Iowa, and in particular the sidewalk crack identified in paragraph 5, above. d. Allowed and permitted the sidewalk crack identified in paragraph 5, above, to become and remain in a broken and cracked condition. e. Failed to fix, repair, replace, or mend the sidewalk crack identified in paragraph 5, above, when the defendant knew or should have known that the roadways and sidewalks immediately surrounding the subject sidewalk crack were in use and in need of repair. f. Failed to inspect the sidewalk crack identified in paragraph 5, above, to be certain that it was in good, safe, and proper condition. g. Failed to warn the plaintiff and others of the unsafe, defective, and dangerous condition of the subject sidewalk, and in particular the sidewalk crack identified in paragraph 5, above. 8. That is a direct and proximate result of one or more of the above identified negligent acts and\or omissions of the defendant, individually and by and through its agents, servants and employees, the plaintiff was caused to fall and sustained injuries. 9. That as a direct and proximate result of this fall, the plaintiff has suffered severe, extensive and permanent injuries, both externally and internally, and was and will continue to be hindered in attending to his usual duties and affairs, and has lost and in the future and will lose the value of this time. As a further proximate result of these injuries, plaintiff has become liable for large sums of medical bills and will expend or will become liable for additional medical bills in the future. 10. This action is brought pursuant to chapter 613A of the Iowa code, section 364.12 of the Iowa code, and case law interpreting same. WHEREFORE, the Plaintiff, Kyron Kookin, asks for a judgment against the defendant, } the City of Iowa City, Iowa, in a sum in excess of$50,000, plus applicable costs. Respectfully submitted, / r Jas L. Nepp 1 T -Neppl Law Firm, LTD. 1.!0 —4 h Avenue Rock Island IL 61201 (309)786-2000 (Phone) (309)786-2720 (Fax) ATTORNEYS FOR PLAINTIFF O -< <D n rn fr • • IN THE SIXTH JUDICIAL DISTRICT IN AND FOR JOHNSON COUNTY CIVIL DIVISION KYRON KOOKIN, ) Plaintiff, ) No. LRCV()Lod\1O vs. ) JURY DEMAND THE CITY OF IOWA CITY, IOWA, a ) "=' ko z� .� • municipality and governing body, ) � = � I Defendant. ) 3l vw o • -, COMES NOW the Plaintiff,KYRON KOOKIN,by and through his attorneys,THE NEPPL LAW FIRM,and hereby demands a trial by jury of twelve persons. KYRON KOOKIN, Plaintiff J eppl the Ne I Law Firm, LTD. 1600—41 Avenue Rock Island IL 61201 (309)786-2000 (Phone) (309)786-2720 (Pax) ATTORNEYS FOR PLAINTIFF O .trn m '73 4 Q. END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY DL41NE ROSE HIGGINS, * Law No: L,4CVOLO311 * Plaintiff, * CONFIDENTIAL INFORMATION vs. * FORM CITY OF IOWA CITY d/b/a IOWA * "oma OJ CITY TRANSIT SYSTEM, and * ys�� O VAUGHN MEADOWS, et- Defendants. * /4,�` 00 oOG 91� NAME SOCIAL SECURITY NUMBER Plaintiffs: 1. Diane Rose Higgins 481-88-5342 j K= -T1 Defendant: 1. City of Iowa City d/b/a n,n �i m Iowa City Transit System unknown ..<r1 - I- 2. Vaughn Meadows 546-50-8327 co Information supplied by Michael T. Jalovec, Sinclair&Associates, P.C.,4940 Pleasant Street, West D,0.9 • • • •• X266. ael TrJalovec Attorney for Plaintiffs Date IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY DIANE ROSE HIGGINS, * Law No: LCAP l ) (YcC3 L I * Plaintiff, * vs. * PLAINTIFF'S REQUESTR :f; * PRODUCTION OF DOCU� S ? CITY OF IOWA CITY d/b/a IOWA CITY* PROPOUNDED TO THE > -1l TRANSIT SYSTEM, and VAUGHN * DEFENDANTS C^n u, MEADOWS, * ; -6:4 �` Defendants. * D (J' C, COMES NOW the Plaintiff and pursuant to Rule 129 of the Iowa Rules of Civil Procedure hereby requests that the Defendant, Vaughn Meadows and the City of Iowa City, produce the following documents at the offices of Sinclair&Associates,4940 Pleasant Street, West Des Moines, Iowa 50266. Plaintiffs further request that the documents be grouped and identified so that the Plaintiffs can reasonably determine to which request the documents are responsive. These requests shall be deemed continuing so as to require further production as to any additional information obtained prior to trial. REQUEST NO. 1: Vaughn Meadows entire personnel file with the City of Iowa City, d/b/a Iowa City Transit System; Plaintiff requests the opportunity to view the entire file on location in person and select pages for copying. REQUEST NO. 2: Please provide a copy of Vaughn Meadows driving record as recorded by the Iowa Department of Transportation. REQUEST NO. 3: Please provide a copy of any and all accident reports for Vaughn Meadows during the course of his employment with the City of Iowa City. 1 REQUEST NO. 4: Please provide a copy of any and all workers' compensation files for Vaughn Meadows. REQUEST NO. 5: Please provide a copy of any and all eye glass prescriptions, contact lens prescriptions, eye doctor notes, or any other type of written documentation from a medical provider regarding Vaughn Meadows eye sight for the last 5 years. REQUEST NO. 6: Please provide a copy of any and all documents pertaining to the amount of property damage of the Defendant's vehicle and the Plaintiff's vehicle. REQUEST NO. 7: Please provide a copy of any and all photographs of the Pl4i tiff s 0 vehicle and the Defendant's vehicle. _n REQUEST NO. 8: Please provide a copy of any and all copy of any photagraphs of th ` 1 yC scene of the collision. (. co REQUEST NO. 9: Please provide any and all memos,documents, reports, letters, or any other documentation pertaining to investigation of the collision site, described in the Plaintiff's Petition. REQUEST NO. 10: Please provide a copy of any and all statements taken pertaining to this matter; this includes but is not limited to any and all statements taken of the Plaintiff. REQUEST NO. 11: Please provide a copy of any and all reports,technical investigations, or any other types of reports received from the Iowa City Police Department. REQUEST NO. 12: Please provide a copy of any and all medical records and medical bills pertaining to the Plaintiff in the Defendant's or Defendant's attorney's possession. REQUEST NO. 13: Please provide a copy of any and all insurance policies covering the Defendant's liability arising out of the collision described in the Plaintiff's Petition; this would 2 include actual policies, declaration sheets, excess policies, umbrella policies, or any other type of insurance that would cover the Defendant's liability. REQUEST NO. 14: Please provide a copy of the title of the bus being driven by Vaughn Meadows at the time of collision. REQUEST NO. 15: Please provide a copy of any and all medical records pertaining to Vaughn Meadows for the last five years. REQUEST NO. 16: Please provide a copy of any and all documents pertaining to any and all other citations, arrests, or charges made against Vaughn Meadows, for the last ten years. REQUEST NO. 17: Please provide a copy of Vaughn Meadows driver's license,both front and back. REQUEST NO. 18: Please provide a copy of any and all certificates,diplomas,or any other type of documentation pertaining to training or schooling for Vaughn Meadows regarding driving a bus. REQUEST NO. 20: Please provide a copy of any and all training manuals for bus drivers with the City of Iowa City. REQUEST NO. 21: Please provide a copy of any and all complaints filed:With,the City ogl Iowa City pertaining to Vaughn Meadows and his ability to drive a bus. �-- SINCLAIR&ASSOCI• S, C. Michael T. eve• PK1004748 3 I �( effr( M. Veber 000014662 • 4940 Pleasant Street West Des Moines, Iowa 50266 Telephone: (515) 226-1111 Facsimile: (515) 226-9066 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Instrument was served upon all parties to the above cause to each of the attomeys of record herein at their respleclive addresses disclosed on ant pleadings on IC By: ❑ U.S.Mail ❑ FAX 0 Hand Delivered 0 Overnight Courier ❑ Certl od- all 12 Other nervi-kuvSGIV t" Signature 1 • i 1 .JC7 C� un r O� 4 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY DIANE ROSE HIGGINS, * Law No: LACv0(,0311 Plaintiff, * vs. * JURY DEMAND CITY OF IOWA CITY d/b/a IOWA * o<;0 CITY TRANSIT SYSTEM, and * yy vga VAUGHN MEADOWS, * 1-0 (4, Defendants. * �,L� c�o� 1713, COMES NOW,the Plaintiff, Diane Rose Higgins, and request a trial by jury of the above captioned matter. SINCLAIR& ASSO .• ES, P. . iehael T. J. ovec. PK 104 8 /AmtAtar' effrey " Webe' 000014662 4'40 'leasant Street est Des Moines,Iowa 50266 Telephone: (515)226-1111 Facsimile: (515)226-9066 ATTORNEYS FOR PLAINTIFF -n T1 - 0 "n HT1 co IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY DIANE ROSE HIGGINS, * Law No: F�.l CA) UCC-611 Plaintiff, * * vs. * PLAINTIFFS'NOTICE OF * SERVING INTERROGATORIES S CITY OF IOWA CITY d/b/a IOWA CITY* TRANSIT SYSTEM, and VAUGHN * MEADOWS, * Defendants. nci COMES NOW the Plaintiff above-named and give notice that on the 2 day of 4eketrili;)11)99, they did serve twenty-five(25)Interrogatories on the Defendant, Vaughn Meadows and the City of Iowa City to be answers in compliance with the Iowa Rules of Civil Procedure. SINCLAIR&ASS a r• ais*M► Michael T. J. o ec PK1004748 A1 (/-4k/: e 1v1. Weber 000014662 4940 Pleasant Street West Des Moines,Iowa 50266 Telephone: (515)226-1111 Facsimile: (515)226-9066 n r ATTORNEYS FOR PLAINTIFFS'' -n rn • c.» 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY • DIANE ROSE HIGGINS, * Law No: * Plaintiff, * vs. * PLAINTIFFS' INTERROGATORIES * PROPOUNDED TO DEFENDANTS, CITY OF IOWA CITY d/b/a IOWA CITY* VAUGHN MEADOWS and THE CITY OF TRANSIT SYSTEM, and VAUGHN * IOWA CITY MEADOWS, * O * �nC75 T1 * ► •-• Defendants. �— r- jn t..n COMES NOW the Plaintiff above-named and propound the following inteitiries-on the Defendant,Vaughn Meadows and the City of Iowa City to be answers pursuant to the Iowa Rules of Civil Procedure. The Plaintiff hereby submit the following interrogatories to be answers under oath within thirty(30)days by the Defendant, in accordance with Rule 126 of the Iowa Rules of Civil Procedure. Where knowledge or information in your possession is requested, such requests include any knowledge possessed by your agents,representatives and attorneys. You are specifically advised of your duty under Rule 125 of the Iowa Rules of Civil Procedure to supplement your answers to any Interrogatories having to do with: (a) The identity and location of persons having knowledge of discoverable matters; and (b) The identity of each person expected to be called as an expert witness at trial, the subject matter on which he is expect to testify, and the substance of his testimony. You are further advised that you have a duty to amend a prior response if you obtain information indicating that such prior response was incorrect when made or that it is no longer true, and a failure to amend would constitute a knowing concealment. Whenever in these Interrogatories the term "identify" is used in relation to a document you 2 person(s) to whom the document was directed and/or given, and a brief statement as to the nature and/or substance of the document. Whenever in these Interrogatories the term "identify" is used in relation to a person, you should give the name of that person,the current occupation or position of that person(including the name and address of business or employ),the location of that person, the last known address of that person if different from the location, and that person's business and home telephone number (if known to you or contained the records consulted in answering these Interrogatories). Wherever in these Interrogatories the term "document" is used it includes all documents, papers, memoranda, inspection reports, correspondence, notes, magnetic, electronic, or other audio recordings, computer readable data, reports, books, journals, vouchers, diaries, calendars, computations, charges, estimates, quotations, ledgers, graphs, maps, charts, diagrams, books of account, photographs, newspaper article,corporate minutes, and all other written nooie9s or.; ings in writing in whatever form transcribed including both the original and copies. C (.11 rn These Interrogatories are attached to this notice and have been prepared to inclgd �spa"e for° answers thereon so that the answers can be inserted and a photocopy of the Interroga triesarithe answers can be signed under oath attached to a captioned page and filed herein. SINCLAIR& ASSOCIATES, P.C. Michael T. Jalovec PK1004748 Jeffrey M. Weber 000014662 4940 Pleasant Street West Des Moines, Iowa 50266 Telephone: (515) 226-1111 Facsimile: (515) 226-9066 ATTORNEYS FOR PLAINTIFFS 3 INTERROGATORY NO. 1: Please state your full name, social security number, present residential address, and residential addresses for the past five (5) years, date and place of birth, marital status,and names and ages of any children; state whether or not each such child is living with you and whether you are living with your spouse; if married more than once, state the names and addresses of other spouses, and the nature, place and date of termination of each marriage. ANSWER: O ni 72 0- (i);.-- -.7.- 4 INTERROGATORY NO. 2: Please state the name,address,telephone number, corporate capacity and present occupation of any and all persons who assisted in the preparation of the Answers to these Interrogatories. ANSWER: O C} u' • cn 5 INTERROGATORY NO. 3: Please set forth the name, address and telephone number of each and every witness that you contacted with-regard to the alleged occurrence set forth in Plaintiffs' Petition. ANSWER: O o t` O csi 6 INTERROGATORY NO. 4: State the name, address and telephone number, or other means of identifying, locating and contacting any•and all persons who witnessed the occurrence which is the subject of this lawsuit, or have knowledge of any of the events leading up to said occurrence, or otherwise claim to have knowledge as a result of their investigation into the incident referred to in Plaintiffs' petition. ANSWER: 9 L ,G 0. J 1 1 G _ n v, r a In7 INTERROGATORY NO. 5: Does the Defendant know of any persons believed or understood by him to have information concerning the injuries claimed by Plaintiff to have been sustained in connection with the occurrence which is the subject of this lawsuit? If so, as to each such person, state the following: a. The name; b. Present or last know address; c. Present or last known employer; d. Address of such employer; and e. The telephone number of the person. ANSWER: O `" z C� t" iic 8 INTERROGATORY NO. 6: State whether or not you, your attorneys or agents have knowledge of the existence of any investigations and other forms of inquiry,including photographs, slides, motion pictures, videotapes,maps, charts, or diagrams of any kind or nature relating to the occurrence or any controverted issues in the pleadings of this case, including any such items which depict. or purport to depict,the accident scene (and/or vehicles), and any such items which depict or purport to depict the Plaintiffs,both before and after the occurrence in question. With respect to each, state and set forth the following: a. The name and address of the person taking or preparing the same; b. The date,time,and place each was taken or prepared; c. A brief description of the matters and things depicted or tended to be shown by each; d. A summary of any opinions or conclusions drawn or expressed as a result of each; and e. The name and address of the person presently having custody and control of same. ANSWER: 9 rrl —rl OSS: f� 9 INTERROGATORY NO. 7: Has Defendant obtained statements of any kind, whether written, recorded, stenographically transcribed, oral or otherwise, from any witness or person in connection with the occurrence which is the basis of this lawsuit or the injuries sustained by the Plaintiff as a result of said occurrence? If so,please state separately for each person: a. The name and address of each person; b. The type of statement which was taken(whether written, recorded, stenographically transcribed,or oral); c. The name, the employer, and telephone number of the person making or taking the same and the present custodian of said statement; d. The date on which the statement was taken; and e. Please attach a copy of each statement to you Answers to these inte- rrogatories, or in the alternative, indicate your willingness to allow our inspection and copying thereof. ANSWER: O^ m o D cn 10 INTERROGATORY NO.8: Has the Defendant made any report,statement,memorandum, recording, or given testimony in writing, whether prepared by Defendant or by someone else, concerning this cause of action? If so, state the following: a. The date of the same; b. The name, address and employer of the person in whose possession the same now is; c. The name, address, employer and telephone number of the person making the same; and d. The name, address, and employer of the person at whose request the same was made or taken. ANSWER: O n �C> —n cJ ter— rf 11 INTERROGATORY NO. 9: At the time of the occurrence which is the basis of this lawsuit, state whether you were covered by a liability or casualty insurance policy to insure such an occurrence and, if so, please state: a. The name of each liability or casualty insurance company which provided said coverage; b. The respective amounts of said insurance coverage which existed at the time of the aforementioned occurrence; and c. The respective policy numbers of your insurance policies covering such an occurrence. ANSWER: Q � rn - u rn y c) C) 12 INTERROGATORY NO. 10: Was there in existence at the time of the occurrence which is the basis of this lawsuit more than one insurance policy covering your possible liability arising from such an occurrence? If your answer is in the affirmative, please identify any additional coverage which existed on the day of the occurrence. In so doing, please state the following: a. The name of the liability or casualty insurance company which provided said coverage; b. The amounts of the insurance coverage which existed at the time of said occurrence; and c. The policy numbers of your insurance policy or policies covering said occurrence ANSWER: -J� N• 3 o 13 INTERROGATORY NO. 11: Please state the names, addresses, and telephone numbers of any expert witnesses you expect to call to testify at the hearing of this case or whose evidentiary deposition you expect to take for use in this case and, with regard to each such person, please state: a. The subject matter upon which the expert is expected to testify; b. His qualifications to render such an opinion on said subject matter; c. The substance of the facts and opinions to which the expert is expected to testify; and d. A summary of the grounds for each opinion referred to in (c) above. ANSWER: O 0 im ! o Y.7 U tom• /N., 14 INTERROGATORY NO. 12: If you claim that the Plaintiff was in any way negligent, set forth each and every act of omission or commission which you claim constitutes negligence on behalf of the Plaintiff,citing each and every Code Section or common law rule which you claim was violated by the Plaintiff. ANSWER: O S� x U 15 INTERROGATORY NO. 13: Did any other person contribute in any way to the occurrence which is the basis of this lawsuit? If so,please state in full detail how each such other person was involved in and contributed to the occurrence which is the subject of this lawsuit. ANSWER: D>-4 c C7� O� —0i-T? 0 CD 0 16 INTERROGATORY NO. 14: State whether you were at any time just prior to this occurrence on the date in question afflicted with or suffering from any condition of pain, limitation of motion, illness, infirmity, impairment or disability, whether from injuries or otherwise and, if so, described any such condition in detail. ANSWER: O47 J dJ m - i 11N D o 0 17 INTERROGATORY NO. 15: State whether or not you have ever been involved in any other legal action, either civil or criminal (including traffic violations), either as a Defendant or as a Plaintiff. If so, state: a. The date and place each such action was filed, giving the name of the court, the name of the other party or parties involved, the number of such actions, and the names of the attorneys involved representing each party; b. A description of the nature of each such action and of your role therein; and c. A description of the result of each such action, whether there was any appeal, and the result of the appeal, whether such case was reported and, if so, the name, volume number and page citation of each such report. ANSWER: O n T1 �n -11 M D cD 0 18 INTERROGATORY NO. 16: State whether or not you consumed any alcoholic beverages, drugs, narcotics, barbiturates,or medicines of any kind or nature,during the twelve (12) hours prior to the occurrence that is the subject of this lawsuit. If so, state: a. The nature, amount, and type of item consumed; b. The time and location at which each such item was consumed; and c. The names, addresses, and telephone numbers of anyone present while such item was consumed. ANSWER: o >.a cri r rn N D o 19 INTERROGATORY NO. 17: State the full name, address and telephone number of the owner of the vehicle which was involved at the time of the collision and in what capacity you were driving in such vehicle. ANSWER: O ELI D� o 0 20 INTERROGATORY NO. 18: State your point of origin,the purpose of your journey, and the intended point of destination at the time of the collision. ANSWER: O D o —n D o 21 INTERROGATORY NO. 19: With regard to the occurrence on the date in question, describe the following details: • a. The nature of the road surface and its grade; b. The weather conditions; c. The temperature; d. The size of the vehicle, including its weight, its year and model, its tire size and the extent of inflation of said tires; and e. The extent of damage to your vehicle. ANSWER: O "' y -71 >c 0 D CD 0 22 • I INTERROGATORY NO.20: State whether your vision was obstructed at any time during the material happenings of this collision. If so, state the nature of the obstruction and how that obstruction interfered with your vision. ANSWER: O o n ui 1- 1T1 � a: Q 23 INTERROGATORY NO.21: State the location of the automobile operated by the Plaintiff when you first observed it and the location of your.vehicle at the time of that first observation. ANSWER: O `,3 C7 D o 24 • INTERROGATORY NO. 22: With regard to the incident which is the subject of this lawsuit, please describe in narrative fashion how the-occurrence happened, stating all events in detail in the order in which they occurred before, at the time of, and after the occurrence,which had any bearing on the cause and manner of the occurrence, including when you first observed the Plaintiff's vehicle, and the rate of speed at which your vehicle was traveling at the time you struck the Plaintiff's vehicle. ANSWER: 2-1,.a D_ EZ-3 m -v Tl O37) N D C) 0 25 INTERROGATORY NO. 23: Describe in detail everything you did in an attempt to avoid the collision with the Plaintiff's vehicle. • ANSWER: O o N D 26 • r INTERROGATORY NO. 24: Please describe in detail everything you did in an attempt to avoid the collision with the Plaintiff's vehicle. - ANSWER: O Jcp J� 0 Ui �- -c-5 O 27 • INTERROGATORY NO.25: Please state the names, addresses, and telephone numbers of any and all persons that were passengers in Judson LaFrenz' vehicle at that time of the collision. ANSWER: o 1 Fri- M 5 Do o cD 28 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY DIANE ROSE HIGGINS, * Law No.: L/tG 01.031 I Plaintiff, * vs. * ORIGINAL NOTICE syn CITY OF IOWA CITY d/b/a IOWA CITY* > _n TRANSIT SYSTEM, and VAUGHN * 0 ' r=— MEADOWS, �.� :2 111 Defendants. -- TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that there is now on file in the office of the Clerk of District Court for Johnson County, a Petition at Law, a copy of which Petition at Law is attached hereto. The Plaintiffs' attorneys are Michael T. Jalovec and Jeffrey M. Weber of Sinclair& Associates, P.C., whose address is 4940 Pleasant Street, West Des Moines, Iowa 50266. YOU ARE FURTHER NOTIFIED that unless, within twenty(20) days after service of this original notice upon you, you serve,and within a reasonable time thereafter, file a motion or answer in the Iowa District Court for Johnson County, at the courthouse in Iowa City, Iowa,judgment by default will be rendered against you for the relief demanded in the Petition. LODEMA BERKLEY Clerk of istrict Court Johnson County Courthouse Iowa City, Iowa 52240 The attorney who is expected to represent the Defendant should be promptly advised by Defendant of the 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)356-6070. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY DIANE ROSE HIGGINS, * Law No: &ACV0(G031 I * Plaintiff, vs. * PETITION AT LAW CITY OF IOWA CITY d/b/a IOWA * - • am CITY TRANSIT SYSTEM, and * 4_mo _ VAUGHN MEADOWS, * r ��o 1' Defendants. * o` , COMES NOW the Plaintiff, Diane Rose Higgins,and hereby state the following in support of her cause of action against the Defendants, City of Iowa City d/b/a Iowa City Transit System and Vaughn Meadows: 1. That at all times material hereto, the Plaintiff, Diane Rose Higgins, was a resident, citizen and domiciled in North English, Iowa County, Iowa. 2. That at all times material hereto, the Defendant, Vaughn Meadows, was a resident, citizen and domiciled in Coralville, Johnson County, Iowa. 3. That at all times material hereto,the Defendant,the City of Iowa City d/b/a Iowa City Transit Systems, was a duly established city in Johnson County, Iowa. 4. That on December 3, 1997,the Plaintiff,Diane Rose Higgins,was driving her motor vehicle northbound on Gilbert Street into the intersection of Gilbert Street and Jefferson Street,Iowa City,Johnson County,Iowa;through a green light,when her motor vehicle was struck by a bus being driven by Vaughn Meadows, that was traveling eastbound on Jefferson Street entering the intersection of Jefferson Street and Gilbert Street,through a red light. 1 5. That this collision caused property damage to the motor vehicle being driven by the Plaintiff and caused personal injury to the Plaintiff. . 6. That at all times material hereto the City of Iowa City owned the bus being driven by Vaughn Meadows on December 3, 1997, at the time of the collision. 7. That at all times material hereto, Vaughn Meadows was operating the bus owned by the City of Iowa City on December 3, 1997, with the City of Iowa City's express permission and consent. 8. That at all times material hereto, on December 3, 1997, the Defendant, Vaughn Meadows,was acting within the scope of his employment with the City of Iowa City d/b/a Iowa City Transit Systems,while operating the bus owned by the City of Iowa City. Q 9. That the Plaintiff, Diane Rose Higgins, contends that the Defennia _int,-.Vaughn —n i Meadows, was negligent in the following particulars, to-wit: =�;0 c• ' .' • a. Failure to stop at a red light; , b. Traveling in excess of the statutory limits; c. Traveling to fast for conditions; d. Failure to drive at a careful speed that is reasonable and proper; e. Driving a bus at a speed greater than would permit him to stop within the assured clear distance ahead; f. Failure to have his vehicle under control; g. Failure to reduce the speed of his vehicle to a reasonable and proper rate when approaching and traveling through an intersection; h. Failure to keep a proper look out; and I General negligence 10 That the Defendant, Vaughn Meadows', negligence was a proximate cause of the damages sustained by the Plaintiff, Diane Rose Higgins 11. That the Plaintiff, Diane Rose Higgins, has sustained the following damages as a proximate result of the Defendant,Vaughn Meadows', negligence: a. Past medical expenses; b. Future medical expenses; 2 c. Past lost wages; d. Future loss of earnings and earning capacity; e. Past physical and mental pain and suffering, including loss of enjoyment of life; f. Future physical and mental pain suffering, including loss of enjoyment of life; g. Past loss of bodily function; h. Future loss of bodily function; I. Incidental damages; j. Property and loss of use damages to her motor vehicle; k. Any and all other element of damage recoverable under Iowa law. 12. That the City of Iowa City is also liable for the Plaintiff's damages under theory Q -' of Respondeat Superior,because Vaughn Meadows was a City of Iowa City, d/b/a Io ty Transit-0 System, employee acting within the scope of his employment. ; v 13. That the City of Iowa City is responsible for the Plaintiff, Diane I os'Biggins, damages because the City of Iowa City owned the bus being driven by Vaughn Meadows at the time of the collision and Vaughn Meadows was operating that bus with the City of Iowa City's express authorization and consent. Iowa Code §321.493. 14. That the City of Iowa City was negligent in the following particulars to-wit: a. Insufficient training of its driver,Vaughn Meadows; b. In retaining Vaughn Meadows as a driver after numerous prior motor vehicle collisions; and c. General negligence. 15. That the Defendant,the City of Iowa City's negligence was a proximate cause of the damages above sustained by the Plaintiff. WHEREFORE, the Plaintiff respectfully requests judgment against the Defendants, Vaughn Meadows and the City of Iowa City d/b/a Iowa City Transit System,in a reasonable amount for actual and general damages adequate to compensate the Plaintiff for injuries and damages, together with interest as provided by law and the costs of this action. 3 SINCLAIR& A10.0..v., • S, P.C. c., /,-7A/071111r, Michae VJ. o -c PK1004748 416•••• Yji(7J47 Je4re . Weber 000014662 0040 Pleasant Street ✓West Des Moines, Iowa 50266 Telephone: (515) 226-1111 Facsimile: (515)226-9066 ATTORNEYS FOR PLAINTIFF O ..y rn 0 4 END OF CASE FILE THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT Of THE USE OF Official Form No.301 ISBA# THIS FORM,CONSULT'YOUR LAWYER IF e't"'; THE IOWA DISTRICT COURT ;, Boa JOHNSON COUNTY ROBERT S. GEORGE, LAW N. ,o EQUITY No.L ii-e.-k,. - DATE PETITION FILE©: I Plaintiff(s). VS. "" O -7 CITY OF IOWA CITY, IOWA, �.� ORIGINAL NOTICE Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendant(s) in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The name(s) and address(es) of the attorney(s) for the plaintiff(s) (is) (are) Charles A. Meardon, Meardon, Sueppel , Downer & Hayes P.L.C. , 122 South Linn Street, Iowa City, IA 52240 The attorney's(s') phone number(s) (is) (are) 319-338-9222 facsimile number(s) 319-338-7250 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 with the Clerk of 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, ur immediately call yodistrict ADA coordinator at M X01'5C65--- di2 CQ Q,L- ?- 1 • or you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) (SEAL) r', 1 /.L1, vhU-(�C/-.0 ;'Ysi �r.Li CLERK OF COURT Johnson County Courthouse Iowa City , Iowa 52240 IMPORTANT:YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS O The Iowa State Bar Assoc,ation 301 ORIGINAL NOTICE FOR PERSONAL SERVICE e' sed January.1999 IOWADOCS " 1/99 _ C.,C '. i4-0---V-' ..,,r II IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT S. GEORGE, ) LAW NO. t C`UC S"l q Plaintiff, ) ) ,n vs. ) PETITION AT LAW .11. CITY OF IOWA CITY, IOWA, ) w 1 Defendant. ) a f t 7 Plaintiff states: 1. At all times material hereto, Plaintiff was and is a resident of Iowa City, Johnson County, Iowa. 2. Defendant City of Iowa City, Iowa (the "City") is a municipal corporation existing under the laws of the State of Iowa. The City owns and operates Oakland Cemetery, a cemetery located in Iowa City. 3. On May 24, 1997, Plaintiff was riding his bicycle in Oakland Cemetery. He crossed over a white powdery sandy substance on the road, fell and was injured. 4. The City was negligent in the maintenance and operation of Oakland Cemetery. 5. As a direct and proximate result of the City's negligence, Plaintiff was damaged. 6. Plaintiff's damages exceed the jurisdictional amount set forth in Iowa Rule of Appellate Procedure 5. T,.:-' D q f CD W tD • BY REASON OF THE FOREGOING, Plaintiff asks for judgment against the City in an amount sufficient to compensate him for his damages, plus lawful interest and the cost of this action. MEARDON, SUEPPEL, DOWNER & HAYES P.L.C. ByG� �/ , Charles A. Meardon 000009771 122 South Linn Street Iowa City, IA 52240 (319) 338-9227 ATTORNEYS FOR PLAINTIFF ow w 2 • • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT S. GEORGE, ) ) LAW NO. Plaintiff, ) ) vs. ) JURY DEMAND ) CITY OF IOWA CITY, IOWA, ) ) Defendant. ) ) Plaintiff hereby demands trial by jury of the within cause. MEARDON, SUEPPEL, DOWNER & HAYES P.L.C. By r' Charles A. Meardon " 000009771 122 South Linn Street Iowa City, IA 52240 (319) 338-9222 ATTORNEYS FOR PLAINTIFF ova -4 co tD IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ) ROBERT S. GEORGE, ) Case No. ) Plaintiff(s), ) ) vs. ) CONFIDENTIAL INFORMATION CITY OF IOWA CITY, IOWA, ) FORM ) Defendant(s). ) Personal Identification Number Name (Social Security Number or Employer I-D. Number) Plaintiff(s) I. Robert S. George 480-46-4942 3. 4. "a 0 c' Q:1 Defendant(s) 1. y_- < 7. 3. ?t c..) 4. 5. Other party I. 2. Information supplied by Charles A. Meardon (print or type) aa/,‘-(// 5/13/99 Signature Date END OF CASE FILE • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WENDY DALTON ) Plaintiff ) No. ill-CAD(oot 9 v. ) ) O CITY OF IOWA CITY ) Defendant ) ORIGINAL NOTICE71 Defendant n 0rc -�, FT} U TO THE ABOVE-NAMED DEFENDANT(S): cn You are notified that Petition has been filed in the office of the clerk of this court naming you as the defendant(s) in this action. A copy of the Petition, and any documents filed with it, is attached to this notice. The name and address of the Plaintiff's attorney is Martin A. Diaz, 528 S. Clinton, Iowa City, Iowa 52240. The attorney's phone number is 319/339-4350 and his facsimile number is 319/339-4426. You must serve a motion or answer within 20 days after service of this Original Notice upon you. Within a reasonable time thereafter you must file your motion or answer with the Clerk of 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 319-398-3920 ext. 200. (If you are hearing impaired, call Relay Iowa TTY at 1- 800-735-2942.) LODEMA BERKLEY .6 LERK OF URT Johnson County Courthouse Iowa City, Iowa 52240 Note: You are advised to seek legal advice at once to protect your interests. Cc '. r; nrncC..� C . IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WENDY DALTON ) Plaintiff ) No. LA 4/UC¢ rn 4r� CITY OF IOWA CITY ) -v ) PETITION AT LAW R--7 c Defendant ) AND JURY DEMAND-7:;-= - r) COMES NOW the Plaintiff, and for her cause of action against the Defendant, states as follows: 1. Plaintiff Wendy Dalton is a resident of Johnson County, Iowa City, Iowa. 2. Defendant City of Iowa City is a municipality and owns and maintains the street immediately in front of the Federal Building located at 400 South Clinton Street, Iowa City, Johnson County, Iowa. This street portion includes an area utilized by the public to park in front of the Federal Building. 3. On September 17, 1997, Plaintiff Wendy Dalton was lawfully on the premises at 400 South Clinton Street in the United States Post Office. 4. Having completed her business inside the Federal Building, Plaintiff stepped off the sidewalk and into a pothole on the parking area portion of the street . As a result of stepping into the pothole, the PMintiff *n suffered a fractured foot. > noca r- U w 5. Defendant was 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. 6. Defendant's negligence was a proximate cause of injuries to Plaintiff. 7. As a result of Defendant's negligence, Plaintiff has sustained damages, which include, but are not limited to, the following: a. physical pain and mental suffering; b. medical expenses; c. loss of income; and d. loss of full body. 8. The damages sustained by Plaintiff exceed the jurisdictional requirements of Rule 3 of the Iowa Rules of Appellate Procedure. REQUEST FOR JURY As part of this Petition, the Plaintiff requests a jury trial. WHEREFORE, Plaintiff prays for judgment against Defendant in an amount sufficient to compensate her, together with interest and costs as provided by law. Respectfully submitted, MARTIN DIAZ LAW FIRM >z . o E— h&1 • , t' 0 I T1 -T.) rn M.rtin A. Diaz 004 : 19676 :�7z — 52: South Clinton Street y Iowa City IA 52240 `J' (319) 339-4350 telephone (319) 339-4426 facsimile Attorney for Plaintiff MAD/dls END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY IVER H. CAIRNS and ANN CAIRNS, ) Plaintiffs, ) EQUITY NO. EQCV060225 vs. ) ) CHARLES FRAZER JOHNSTON, ) ORIGINAL NOTICE LEWIS INVESTMENTS, INC., ) RICHARD BLACKBURN, MARY LEA ) LEITCH JOHNSTON, IOWA STATE ) O BANK & TRUST COMPANY, ) n; ` f1 DAVID NADLER, SINAYA NADLER, ) • THOMAS H. WEGMAN. MARCIA ) WEGMAN, THE CITY OF IOWA CITY, ) AND JOHNSON COUNTY ) .fl 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 EQUITY FOR FORECLOSURE in the above-entitled action, a copy of which is attached hereto. The Plaintiffs' attorney is Davis L. Foster, 703 S. Clinton Street, P.O. Box 720, Iowa City, Iowa 52244. (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 rendered against you for the relief demanded in the Petition in Equity for Foreclosure. LODEMA BERKLEY (Seal) .a_/W 44JdLA46 / AAA S CLERK 0 THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa 52240 NOTE: Person named as Defendant is told to "appear thereto and defend." These words are not always understood. The required appearance may be made either by the Defendant or by Defendant's attorneys. IT IS NECESSARY TO SERVE AND FILE A SPECIAL APPEARANCE, MOTION OR PLEADING TO PREVENT A DEFAULT (Rule 87). The attorneys who are expected to appear for the Defendant should be promptly advised by Defendant of the 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 are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). o n N o N W IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUI Y '.`27 -- nh (r-1,1 `n IVER H. CAIRNS and ANN CAIRNS, ) C} Plaintiffs, ) EQUITY NO. • vs. ) CHARLES FRAZER JOHNSTON, : ) PETITION IN EQUITY FOR LEWIS INVESTMENTS, INC., ) FORECLOSURE RICHARD BLACKBURN, MARY LEA ) LEITCH JOHNSTON, IOWA STATE ) BANK & TRUST COMPANY, ) C.1,CP DAVID NADLER, SINAYA NADLER, ) za THOMAS H. WEGMAN, MARCIA ) Qv) WEGMAN, THE CITY OF IOWA CITY, ) �� AND JOHNSON COUNTY ) — CDcn o Defendants. ) NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY, OR TWO FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGE PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY CR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. COME NOW Plaintiffs, Iver cairns and Ann Cairns, through their undersigngsl o counsel, and respectfully states: � ren 1. Plaintiffs are individual persons engaged in business in Johns ou>7-171 ?y , m Fri0 Iowa. ,0 D 2. Defendant Lewis Investments, Inc. at all times relevant to this lawsuit was a Missouri Corporation which owned real property in Johnson County, Iowa and which has been administratively dissolved by the Missouri Secretary of State. 3. Defendant Charles Frazier Johnston and Mary Lea Leitch Johnston are individuals who at times relevant to this action resided in Johnson County, Iowa or claimed ownership of the subject property. 4. Defendant Iowa State Bank & Trust Company is an Iowa banking corporation with its principal place of business in Johnson County, Iowa. 5. Defendants David Nadler and Sinaya Nadler are individuals who at all times relevant to this action resided in Johnson County, Iowa. 6. Thomas H. Wegman and Marcia Wegman are individuals who at all times relevant to this action resided in Johnson County, Iowa. 7. Richard Blackburn is an individual residing in Jefferson County, Iowa. 8. The City of Iowa City is an Iowa municipality located in Johnson County, Iowa. 2 9. Johnson County is a county organization organized under the laws of the State of Iowa. 10. That on or about May 15, 1991 , Defendant, Lewis Investments, Inc. , made. executed and delivered to Hawkeye State Bank, a Promissory note in the original loan amount of $25,000. The Note was to bear interest at the rate of_11.75M 0 per annum from the date of the first advance under said Note. The Note pro ded fc 2 a -i� 0co I- -single advance and the Note was due and payable in full on May 15. 1994. l--n 0 11. That at the time of the execution of said Promissory Note, ExhQ&" �o D ry aforesaid, and as a part of the same transaction for the purpose of securing said Note with interest thereon and other sums hereinafter mentioned, the said Defendant, Lewis Investments, Inc. made, executed and delivered to Hawkeye State Bank one certain Assignment For Security in writing, transferring and conveying unto Hawkeye State Bank the following real estate situated in Johnson County, Iowa, to wit: Lots 7 and 8, Block 12 of Manville Addition, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 149, Plat Records of Johnson County, Iowa. And Exhibit "B" hereto attached and by this reference incorporated herein and made a part hereof, is a true and correct copy of said Assignment For Security. 12. That on May 17, 1991, the said Assignment For Security was duly recorded in Book 1232 Page 74 of the records of the office of the Recorder of Johnson County, Iowa. 13. That said Assignment For Security, Exhibit "B" aforesaid, among other things expressly provides that in the event of non-payment of the underlying promissory 3 note when it becomes due, the holder of the Assignment For Security shall be entitled to foreclose on this Assignment For Security under and pursuant to the laws of the State of Iowa applicable to and pertaining to the foreclosure of Real Estate Mortgages. 14. That on or about June 22, 1994 Defendant Richard L. Blackburn made and executed on behalf of Defendant Lewis Investments, Inc. an Extension Agreement providing that the note should become due and payable in full on May 15, 1997. The unpaid principal balance on the Note is in the sum of$17, 404.98. Interest has accrued 0 .o since June 23, 1998, the date of last payment on the Note, at the rate of 10. ' '•k•er -v 0N - annum. Therefore, the note is in default. 0 co 1-7-- 15. -15. That on or about May 15, 1991 Defendant Richard L. Blackburder 0 ry executed and delivered to Hawkeye State Bank, a Continuing Guaranty (unlimited),' i attached hereto as Exhibit "C", wherein the said Defendant Richard L. Blackburn agreed to guaranty each and every part of the indebtedness of Lewis Investments, Inc. owed to Hawkeye State Bank. 16. That on or about March 3, 1999 Hawkeye State Bank, Assigned all its right, title and interest in the property located at 426 Bayard Street, Iowa City, Johnson County, Iowa, and all of its right, title and interest in the Promissory Note and Continuing Guaranty to Plaintiffs. Exhibit "D" hereto attached and by this reference incorporated herein and made a part hereof, is a true and correct copy of said Assignment. 17. That on or about March 3, 1999, the said Hawkeye State Bank executed a Quit Claim Deed transferring to Plaintiffs all of Hawkeye State Bank's right, title, interest, estate, claim and demand in the property described in paragraph 4, above, 4 thereby transferring to Plaintiffs the rights of Hawkeye State Bank in the Assignment for Security, Exhibit "C". On March 12. 1999, the said Quit Claim Deed was duly recorded in Book 2602 Page 261 of the records of the office of the Recorder of Johnson County, Iowa. A copy of this Quit Claim Deed is attached hereto as Exhibit "E" and is by this reference incorporated herein and made a part hereof. 18. The creditors are individuals and the subject property is not the residence of the mortgagor and therefore pursuant to Iowa Code § 654.2D(8) no notice Ufa , > was given. 0 C- — r- ITf 19. That Charles Johnston may claim some right, title and/or interes- and=t'8 U the above-described parcel by virtue of a certain claimed contracts or Court ruigs, specifically the ruling dated November 7, 1990 and any underlying or subsequent claimed contracts or deeds. The claim, interest or right claimed by Charles Johnson is subordinate to the Plaintiffs' security interest in the subject property. 20. That Iowa State Bank & Trust Company may claim some right, title and/or interest in and to the above-described parcel by virtue of a certain Judgment, dated September 18, 1998. The claim, interest or right claimed by Iowa State Bank & Trust Company is subordinate to the Plaintiffs' security interest in the subject property. 21 . That David Nadler and Sinaya Nadler may claim some right, title and/or interest in and to the above-described parcel by virtue of a certain Judgment, dated October 2, 1991. The claim, interest or right claimed by David Nadler and Sinaya Nadler is subordinate to the Plaintiffs' security interest in the subject property. 22. That Mary Lea Leitch Johnston may claim some right, title and/or interest in and to the above-described parcel by virtue of a certain Judgments and Quit Claim 5 Deeds, dated June 8, 1992 and October 30, 1978. The claim, interest or right claimed by Mary Lea Leitch is subordinate to the Plaintiffs' security interest in the subject property. 23. That Thomas H. Wegman and Marcia Wegman may claim son9right, 1e n v3 r-71 and/or interest in and to the above-described parcel by virtue of certain Judts N dated August 30, 1991 and August 13, 1993. The claim, interest or right claimed be.. [TI 0R ` Thomas H. Wegman and Marcia Wegman is subordinate to the Plaintiffs' sgurity N interest in the subject property. 24. That the City of Iowa City may claim some right, title and/or interest in and to the above-described parcel by virtue of certain Judgments for court costs dated May 23, 1997 and May 26, 1998. The claim, interest or right claimed by the City of Iowa City is subordinate to the Plaintiffs' security interest in the subject property. 25. Johnson County may claim some right, title and/or interest in and to the above-described parcel by virtue of certain Judgments for court costs resulting from the entry of judgments in the above-referenced paragraphs. The claim, interest or right claimed by Johnson County is subordinate to the Plaintiffs' security interest in the subject property. 26. That the Promissory Notes and the Assignment for Security provide that the makers of the same are obligated to pay the attorney fees and costs of collection in the event of collection of amounts due under the Notes or foreclosure of the Mortgages. The mortgagors have had previous opportunity to pay the underlying secured indebtedness and the Plaintiffs Attorney's Affidavit for Fees is attached hereto as Exhibit "F" and is incorporated herein by reference. 6 0 f'I 27. That the Plaintiffs have expended the sum of $150.00 for abstr t`n1g N 7l 0 co charges with regard to the real estate being foreclosed upon and that the Plaintiff is �► I� entitled to be reimbursed for said advancements. N cn 28. That the Plaintiffs may be required to-make further advancements for insurance premiums, real estate taxes and other costs during the pendency of this action to protect the real estate and any such advancements should be included as a part of the indebtedness secured by the aforementioned Mortgages. 29. That the claims, interests or rights of all Defendants in this action in and to any of the property subject to the Plaintiffs' mortgage liens are subordinate and junior to that claim or interest of the Plaintiffs. WHEREFORE, the Plaintiffs pray that: A. The Court enter judgment against the real estate described above in the principal sum of $17,404.98 with interest on said amount at the rate of 10.75% per annum from June 23, 1998, plus all taxes, insurance and abstracting fees advanced by the Plaintiff , if any, and for the costs of this action including the Plaintiffs' reasonable attorney fees which should be assessed as Court costs pursuant to §625.52, Iowa Code. B. The Court enter judgment declaring Plaintifffs' Mortgage to constitute a valid first lien on the real estate described herein prior to and superior to any claim or interest of the mortgagors and/or any of the Defendants and to foreclose said Mortgage upon the Johnson County real estate described herein. C. The Court determine that no redemption period applies given the Plaintiffs' election to foreclose without redemption pursuant to §654.20, Iowa Code, or, 7 alternatively in the event that the mortgagors file a written demand to delay the sale, for a redemption period of six months only. D. That the Court direct that a special execution issue directing the sale of the Johnson County property by the Johnson County Sheriff subject to the Plaintiffs' mortgagee's liens or so much thereof as may be necessary to satisfy the judgment entered with interest, costs, including reasonable attorney fees and all protective advancements made by the Plaintiffs and that, at the time of Sheriffs sale, a Sheriffs Certificate should issue to the purchaser at Sheriffs sale and after the expiration of the redemption period(s) as may be determined by the Court that a Sheriffs Deed issue to the purchaser at Sheriffs sale or said purchaser's assignee. E. That the Court order that if the purchaser at Sheriffs sale of all or a portion of the real estate sold be denied possession of the property by the mortgagors or any other Defendant to this action then, a writ issue from this Court on the filing of a praecipe and request for the issuance of a writ whereby the Johnson County Sheriffs Office, without further order of this Court, be directed to place the successful purchaser of the subject real estate, or any portion thereof, in peaceable possession of the property. F. That the Court enter such other orders and relief as the Court deems just and equitable in the premises. O Oo .4 D rrf rn 8 D �, cn FOSTER LAW OFFICE By: ✓�L Davis L. Foster 000001608 703 South Clinton Street P.O. Box 720 Iowa City, IA 52244-0720 Phone: (319) 339-7727 Fax: (319) 339-7712 Attorney for Plaintiffs v:11 a8846.doc co m w r‘, cn 9 . ._ten's••rnvesta is-, rn " ... 'Hawkeye:�State - 3817-Lena? Ferry--Road- - • _ _`_•225-S.-Dubuque_Street: • - ' I. atr-fnumber"- -• 1.- 1,1AB ---Suite-176' ---•- .:.-....-=---.... . •- ------_..Ion city,-- Tower- 52Z40� _. .,:Date=`•May 15r -- - , 1991 - St-.--Loui-s,__Mo,...=-63125- . .. - _._._ ._..___... .. -. . ._._ Maturity Date' May 15,• 1994 • BORROWER'SNAMEAND ADDRESS'.'- ----' --- -LENDER'S-NAMEAND•-ADpRESS Loan-Amount$ 25,000.00 "1" inctudeseach borrower above;jointly and severally. "You"means the lendernits successors and assigels. Renewal Of • • I promise to pay to you;.or'yourorderr at your address listed above the- - PRINCIPAL-sum of-Twenty--Five Thousand anct 00/100 Dollars$- 25,000.00 •EF Single-Advance:I hays-received-aU of this principal sum:No-additional-advances-are-contemplated under this note: . - - -' -. ❑ Multiple Advance:The-principal sum shown-above isthe maximum amount of-principal I can borrow underthis note:As-of today I have received. • -- - '--'-' -- ---the amount-of$ -- --and-future principal advances are:contemplated: • - •--- - - Conditions:'The-conditionsforfuture advances are- -- .... —---❑-Open End Credit:Yoaand-Iagreethat)mayborrowuptothemaximum:amountofprincipalmorethan-onetimeet h featurelesub' t o-altother--- conditions and expires no later than -_ ---. .- _-. w.-- ❑ Closed End.Credit You and.Cagreathatl may borrow.up.to the maximum only one time(and subject to-ail-0Q. rconditions.f PURPOSE:The.purpose:of this loan;is.. Business.: Remodel. 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A i c -_-_„.„--s--, ,,.=.4-.;,-,,,,_ —riztk . yS'yt�'yottiisiit,'.R :,,01 ] r RY'Y� t - qopsia-N 4AD D. tsaetilitrortztOtuttefes7ml ;loft-havespai411 agree tpa. .l foljov�t n addana Ibiza'• ,car .. . X250'00'*t oints record rncr$5 00*r �arctrrcct.+ atrd°�t • --1- - PAYM a -. t a t io a 2. pgok"•lf„"+ +1 ibssuc# f7 • .-:.4.'''' ....e.1` , -- y- 4110 11.1.11,•11.11111011/11,1•10EA ,u lrest iEagreettorpaccctedihUaresMWJEsa• rr -... .., r.-...•. w � e ..- ;. , y DFrincipaI:magi �"tdlpay;rthepnncfpa �`� [ t€r '? � 'pial iii" �wr we •- ."., r' 7{ ?Insfalfinent :+lfagreetou.• tHisFitotei 3• 'paymant =Trs first#paymentswii( berirtteountO �� •s. II .1411"{Ce., a� Ct.d �"I5; ` 11/4199V—_a p 00: 10 `Nrii1; • ,ss syeo J `v .: .kia,... ., -. 'mL.T 3.. �-13,..T.'".%,--, 'MOntil .sws •"-S• .ac `is eltti t :'rt. �., ..dr„_, -:i.ar ss:10irt.•s:a ,,,-0.tc uceach . - - - ,. --•thereafter:.Ttie=.fin attpay mefloor the%entrree:unpaa i'c tialrencerak :tin Min'ARMS tog ou4X•_ove14ncipaCarid4fnte stwi`letierdue May"15. 1994- rwa ' : : = �; !���ytt�� # ' :,-ram-_ 'plt ,a..v-r( o,,,q ,v---4.4;s.a.L. -u ate,-.3.,11. 1• _• 1- 4.o r.•. . _.` -r �1 "3."'r is ti Q Effac t of Variable_Rata•iAn.increasetiin the interest rate wilt have the following effect-on the payments..i Pk •: .•.+ �'+ `: t , -545' '5•.rt, pi 401•t i u4 ate if ",a : c 'D Tfie-amount af'eacttscheduled'paymentwill be increased.`" p 1•. r :'•Z>.eii�. '�' >F.1T.r`!}i;d'9tiA �R. fr • .moi.�. .. I k;.yfd.S..e3�4.'� pL� 1 -[ P-7,' .,,�int••=. pa�riment will be increase Rs+ s �° kistN�` # � ifOt) �4 ' _ ? .. ,rum:rm.:a • -T.1 r ‘AY • fir: :a1.,:R a tn... " ?ta urse':Ia uc.,�tk: -rte' ere,''. 1 t .1:a TOL-Fre.i�.'ar . :.S P910` • ;Ek il-b< • ::. "t.svi.l i-- r .tt- � .✓'. .1i ..„! . y�riatre;o'�nrrA18M•' .r:: ..iWI1Y."4 sctrri-;t. &I i0'Ci'}1v'r3Ali x�tit jril" :,:k..,-'..„,.4,-: AD OiUALTERMS • $?'i.76S..N. •"# 'i'f3e'ld• ,.},�, �,p+. wxJ i:,r,a7.w...74-i rm M nr¢x t3.if .s•�t s''tat c►: {►,4 €0: r£fi" '� eg, :r.i.'a jt'aut.\.semi_Ci :s.li.l..r;irA .fl 1:, 0 2•t°4•"•:.;:',''0 .Y` •5tr , t• . . . ,. ` ti rj 1 St .r -, 4.13 u+,_ .1 r 4%ii.ize mf ...cm. ,i :)1,,t4 ,S 'A 1' ^''t .- i. 'f -t1 .> rG�?:St_"r '.-. .•;-.:v!,,.•:<..,.,.4-.....:ro . :rrxt.S;t .$i3 t}L-tLQra; .fv, :tY : SIGNATURES:.LAGREETOTHE TERMS<OFTHIS.NOTE(INCLUDING KISECUR[TY•�,This note is secured b '� ' ---m • "' THOSEON,THEaTHER_SIDE)sl.have•received:acopyl'on:today's:date: � An-ASS?cmtgiht for S.es vrity dated' - r Lewis Investments, .Inc.;u.r.4•.a.mo Noir ' May 15,-1991 on property located at ®' _ 426''Bayarcl,'Alowa.Cit i..4rb __ - ,i,•5,u_.:.r;. BGCiS '1, c' ...r ---- ---....-.r ... --- , .. .r ,ryE•• 1F L4u : Z':na•Y{--2111""•`:-L 1 : .ab4l-S ANi6.a}i:a '-'•:i't.•'t ..._ 'Al .t:_.�z:01,11.3+111.1}0.3:-,t .__ .-...•- Ri:Chard.L_.Blackburn, -President,-- •a t P• 4A1;)aYo: k1.940.., rk;l^ ',Yvci•.n«.t ':r r ,t.,..:x y-:L:_..( • if checked no agfeementwas.si'gznedtoday securing:this note- - �' �G"` �?' ' I oz ° (Thissection:is for;your internaLuse Itmaynot include.every agreement,. s<, 7t r . ,.1+ , L .or,item.otcollatera 'securing thistnote`You.will not,�,lose.ariy security. by. EXH f t • .,tjr„x,1a,,r• iy r=' 'omitting itfrom this section.) - _I-'—.-'2121"."7- _... --••• . -`:Etta:i h, .: :.- - ffi5'CPLASSIGNMENT FOR SECURITY FOR VALUE RECEIVED, the undersigned, Lewis Investments, Inc., does hereby assign, transfer and set over to the Hawkeye State Bank, Iowa City, Iowa, all of our right, title and interest in and to the following described real estate in Johnson County, Iowa: Lots 7 and 8, Block 12 of Manville Addition, Johnson County, Iowa, according to the plat thereof recorded in- Book 1-, Page 149, Plat Records of Johnson County, Iowa. The interest in the real estate described above herein assi,ied is the assignors' interest that is evidenced by the foll.ryq re y estate contract: rq —T1 N i-"'. The titleholder, Lewis Investments, Inc. , holds titl �vi e r of an assignment of the seller's interest in a certai_i tial p, estate installment contract between Joseph K. Schaaf anCil Elizabeth C. Schaaf, husband and wife, as sellers an•elbErtleip Johnston, single, and Mary Lea Leitch, single, as pur- sirs.•- A memorandum of this contract is dated January 15, 1976 ,-nd N recorded January 27, 1976, at Book 458, page 175, rec.rds of @$e • Johnson County Recorder. The assignment of the seller's interest to Lewis Investments, Inc. is dated March 22, 1989, and filed October 11 , 1989, at Book 1087, page 136, records of the Johnson County Recorder. This Assignment is made to secure a loan made by Hawkeye State Bank to Lewis Investments, Inc. , on this 15th day of May, 1991 , in the sum of $-3rO&6-98 Payment of the note herein referred to or 600.40/V 5'./49/ I.I6 hereafter .07...5;600.40 /1V51./49/ 6,416 ade shall render this Assignment for Security void. In the event said- note is not paid when due, Hawkeye State Bank shall be entitled to foreclose on this Assignment for Security under and pursuant to the laws of the State of Iowa applicable to and pertaining to the foreclosure of Real Estate Mortgages. Lewis Investments, Inc. 151 By:Yee-bele dL- Richard L. Blackburn, President FILED N0. BOUV;_ ).E;GE State of Iowa ) 91 HAY 17 PM 2: 26 County of Johnson)ss: • • On this 15th day of May, 1 991 , before me, the undersigned, a ,rloiSary- Public in and for the State of Iowa, personally appeared Rie iar�.`FL�'';D''� Blackburn, to me personally known, who being by me duly sworn,'"Ad say that he is the President of the corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the) - - _ •-) eerporatitgq that the instrument was signed ( -sealed-) on behalf of the corporation by authority of its Board of Directors; and that the President as such officer acknowledged the execution of the foregoing instrument to the voluntary act and deed of the corporation, by it and by them voluntarily executed. ra g �i U�7l�U.2 , rt Qth y Public in and for the State JUUE A.VALENTINE of Iowa. MYco I ! ,17.ES EXHIBITA,...: . When recorded, return to: Hawkeye State Bank 229 South Dubuque Street PAGE, Iowa City, IA 52240 _,.. , 32 L= 74 . If any transaction guaranteed is a Consumer Credit Transaction as defined in the Iowa Consumer Credit Cone,each Guarantor, except a spouse, should sign a IBA No.30."Notice to Co-signers and Similar Parties" - -•7.7 .- CONTINUING GUARANTY.(Unlimited) ..._. For value received,and to induce Hawkeye State Bank of rotyrno T-.Iowa ("Bank"),to extend credit to Lewis Investments, Inc. • ('DefSTg ' r the u?"-rsign'd'ointly and severally guarantee payment of and promise to pay or cause to be paid.to Bank when due all loans,drafts,overdrafts,chec�s'' - -SSrt fes•an. .It oth ii,:.ts, ' obligations and liabilities of every kind and description, whether of the same or a different nature, arising out of credit preyJogsty gran , cr-• on- temporaneously granted or credit granted in the future by Bank to Debtor,to Debtor and another or others,or to another or otiters, tedgaranteeq or e,.. .ed by Debtor(the"Indebtedness"), whether such Indebtedness is from time to time reduced and thereafter increased or entirely-exZio9iished and thereafter reincurred,including interest and charges,and to the extent not prohibited by law,all costs,expenses, fees and attorney fees :.eryrtime pati or incurred in endeavoring to collect all or part of the Indebtedness, or to realize upon this Guaranty, or any collateral securing an Inde•ir-:.ness:T ie extent not prohibited by law,this Guaranty is valid and enforceable against the undersigned even though'any Indebtedness is invalid'and uneorceable inst Debtor. The undersigned waive presentment,demand,protest,notice to the undersigned and all other persons of protest and dishonor as to ear and all items of Indebtedness and the collateral thereto;waive notice of the acceptance hereof by the Bank and of the creation and existence of said Indebtedness;waive any and all acts or things by the Bank to be done to establish the liability of the undersigned in the premises: agree that no act or thing,except payment shall in any way affect.or impair this guaranty; and agree that this shall be a continuing,.absolute and unconditional guaranty and shall be in force and be binding upon the undersigned until the Indebtedness is fully paid and this guaranty is revoked as herein provided.If this guaranty is for a Consumer Credit Transaction as defined in the Iowa Consumer Credit Code,Bank shall give such notices,if any,as may be required by law. • In addition to but not in limitation of the foregoing,the undersigned agree: The liability hereunder shall in no way be affected or impaired by and Bank is hereby expressly authorized to make from time to time without notice to any one and either before or after revocation of this guaranty any sale, pledge, surrender, subordination, compromise, settlement, release, renewal,extension, indulgence;alteration;substitution,exchange,change.in,modification or other disposition of the Indebtedness,any evidence thereof,or any security or collateral therefor;by any acceptance by Bank of security for or other guarantors of any Indebtedness;by any failure, neglect or omission to realize upon or protect any Indebtedness, or any collateral or security therefor, or to exercise any lien upon or right of appropriation of any moneys, credits or property toward the liquidation of the Indebtedness, or by any application--ob-payments or credits thereon. The Bank shall not be required to first resort for payment to said Debtor, or other persons or corporations,.their properties or estates,or to any collateral security,property,.liens or other rights or remedies whatsoever. snS^O The failure of any person or persons to sign this guaranty shall not release or affect the liability of any signer hereof. Any claim, including-a claim for contribution, which any of the undersigned may have against a co-guarantor indebted or under liability, either direct or indirect or.whatsoever nature,to Bank, or against Debtor while indebted.or.under liability;.either,director)igdirectoftyhatsoever nature, to Bank,shall not be enforced or payment made until the indebtedness or liability of the co-guarantor or Debtor to.Bank is:paid in full. The collateral given to secure this Guaranty by a co-guarantor indebted or under liability to Bank shall be applied in paynient.ot the indebtedness • or-liability of the co-guarantorto.Bank before any part is applied on.a claim,.includingaclairn for contribution ofone-or more:of'theundersigned against the co-guarantor. --- ....oma.... s - This guaranty is without limit as to time or the amount or character of such liabilities,or..obligations as are,or may be. eatecjhereby>,v •In case of the dissolution,liquidation,suspension,failure or Insolvencyof'the'Debtorall"of said Indebtedness shall!'attheoption-of the Bank, become immediately.due from:and be forthwith paid by,the undersigned to_Bank;-the:same as though the Indebtedness had'„Watured by.lapse of tlme,except only thatif.thitguaranty-ls fora Consumer.-Credit Transaction as defined In the Iowa ConsumerCreditCoder BanlashalLgive such notices,if any,as maybe required by law.` "_ . . _ -'-'-k7.4-&----_..- " 's• a w The undersigned_waive alk rights.of'subrociation to any collateral and remedies of of- Bank againebtor an..c, e so s-,until thee_ _ entire Indebtedness shall have been fully paid and discharged. - •"'."" ' • -4.64....w0 ! - ; . ... c • If this guaranty Is-executed.byFmore than one signer,all agreements'ar promises-herein-shall be-construedtaberand`aretrereby declared,--`: -- c"=to:b-ejofrttrandseverattinreactraridreverj'-particular-andahall befulfyibindinguporrand:enforceable against:either,.any;orialltofsuct ,signers; _ ;c-. ,., neither the•death„releaseotorrevocation by-one or more signers shall affect or release-the-llabilityof any other signereitheiras-to4lndebtednes s then existing or thereafter Incurred' -�,--, ---' • -(Pe$-'a. t ' ' ->Thedeatfr-orlegatincapacityof the-undersigned or any of then-,shall not revoke thisguaranty asto:such•decedentoulegallyrincapacitatedd -t'i' person_unless arida'unt11.7.(1)nogceof-suctrdeath or legal:incapacity be actuallyreceiv_ed'ibtyrthe.Bank aid 2T th • ebtedn • (sting at<th time of the recelotof'suchnoticebvt to Bank-and all renewals:and extensions thereof befully oare-4r y l ' ••_The•Bank.ishereby.:releasedfrorrr�any,and all-duty;itmight havepto:discloseio:theundersigned!branysogthem cts mightnovw,hav uu t: _ed=oc,1�the-future tbaytgo9lcelnin he argclalisonditio_ntnetlLDebtor,ever-though- uchfactsimighrmateriall incr•- - enskro i t • undersig,e d i -tiThisGuarantyiwill,:unlessexpressly otherwise agreed;be-secured-by(a)allcnllateraLpreviously_novrKoc ,er-.t -• • .•gg-• ,:an-• aniAo - the-undersigned:(b)-any-security:interest previously;!ilaw?idhieaftergrantedroniiii6byiranyTo th�undeisl• -••"IT•(ak. -:-1 e. esFate,lien- .. �. previously' now.or hereaftergranted:to.Bank by any of_the undersigned;whether such:pledge.securitylinter_ •o-,ealestat�ler specift ally , relates to theIndebtednessornot-provided:however,that this Guaranty shall not be-secured by,any,suchtpted•=-secur tnte�res.tio.realtestat .,._ •4w, ., lien-givenina"Consumer lConsumerCredit Code l nteowareoeunesss cal provtded;fo`r;ther •-,•-.:: ',2.7: 4 -:,4;.:4,'.'";-:• .. unless-specifically;fy •.;.�.t._ Inihe_eventthatany.payment;made.hyoCon'_behalf otthe Debtor respecting-any Indebtedness.orany pomonroffanyisu.'paymentshall a '_ :, any time:be:•repaid:by,.,the;Banki coreptiange�with-ar>order(whether or not•final)by a.courtotcompetent lurisdictlonTpursuantttoianrprovision • of the Revised.Bankruptcy Act as now+existing or hereafter amended or applicablestate-law;the lndebtednes&shalCnotbe deemed ta.havebee paidta the extent of the repayment so made;:the obligations of the undersigned shall continue in full forceandeffecrand'tcr be entittedto.thefulF�'- benefits of this guaranty. '- :---:•..,-.•,•,.. !%"•.;!'-• . .-.. - -r .N:.r ` 'ljr=a1+, .4 ?M"ci "-The undersigned may revoke this guaranty by written notice delivered or mailed by certified-mail by the undersignedto:the Banl,-butsuch 2''”' revocation shall not affect or release-the liability-of the-undersigned for the then existing Indebtedness.or any+renewalsror"extensions.thereof; theretofore-or thereafter made and;if there be more than-one signer upon the guaranty,such'revocation shall beteffectiveonly as.tathe one so revoking Revocation shall only be effective upon receipt of such notice by the Bank.... - _ i i. : i This guaranty-and everypartthereof shall be binding.upon-the undersigned and upon-their-heirs,legal-representativestsuccessorsand.assigns of] the undersigned;.and of each.of them,..respectively;and:shall inure to the benefit of-the.Bank,_its successors and'assignst Wordsanct'phrases.herein- .: » shall be construedas.in the singular or plural number,and as masculine,feminine;or neuter gender according to the context'_.- -. m.-^;;;W_q,1 •02,.4 ••",-!,_•Z ..., ,c. If any provision-of this.Guaranty shall for any reason be held.to be invalid or unenforceable;such invalidity orunenforceabiiity;•shall not affectenyother provision hereof;but this Agreement shall be construectas if such invalid or unenforceable provision had never been containedherein:• 3"'. • r , • The undersigned acknowledge receipt of a copy of this guaranty. . . ._ - , May' 15, ,19 gni .at Iowa City .-. ,.Iowa_ 'gned on _ /,' /(::::14,2 it 'J 's Richard. L. Blackburn .-------- --------,.• _._ .._ • EXHIBIT, .., No.t 0—Continuing Guaranty(uarmte0)—bl Iowa Bankers Assn.—Copyright June 1980--(Revised Nov.19e0)—Maynard Printing,inn. AAGE::::i�` --... _ - ASSIGNMENT Hawkeye State Bank, an Iowa banking corporation in consideration of the purchase of all of its right, title and interest in the property located at 426 Bayard Street, Iowa City, Johnson County, Iowa hereby assigns, without recourse, all of its right, title and interest in and to the attached: 1. Promissory Note between Hawkeye State Bank and Lewis Investments, Inc. dated May 15, 1991 in the initial amount of $25, 000 including all extensions thereof; 2. Continuing Guaranty from Richard L. Blackburn to Hawkeye State Bank dated May 15, 1991; to Iver H. Cairns and Ann Cairns, husband and wife effective the 3" day of March, 1999 . Dated this 3".'l day of March, 1999. HAWKE STATE BANK 44//6___ Ray . Glass, President Barbara A. McNeil, Cashi- O `F' �Z n ren -v "Tl n� coIn 70 07 ra cm EXHIBIT, I PAGE I X33 -.Zo ; — .2i911;_-•!-' Tr.THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF .•�;"- .: •., Official Form No.10b James D.MCCartaghor ISBA#03440 THIS FORM.CONSULT YOUR LAWYER 111L1_ af . _ Transfer Fee I�`^- .)2152 Recorder Fee FILED NO. J Total I.('°O - BOOK AGE (p( , 99 MAR 12 AM 11: 58 Preparer JOHNSONCOUNTY CITYIOWARECORDER InionnafJon James D.McCarragher, I_2 South Linn Street,Iowa City,IA,(319)338-9222 Individual's Name StreetAddress City Phone SPACE RED `INE , ,, RCORER 4' QUIT CLAIM DEED ''',, ,i..,":,_SO For the consideration of - One(S1.00) Dollar(s)and other valuable consideration, Hawkeye State Bank,an Iowa banking corporation • do hereby Quit Claim to Iver H. Cairns and Ann Cai rns, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common all our right, title, interest,estate, claim and demand in the following described real estate in • Johnson County, lows: Lots 7 and 8,Block 12 of Manville Addition,Johnson County,Iowa,according to the plat thereof recorded in Book 1, Page 149,Plat Records of Johnson County,Iowa. The purpose of this Quit Claim Deed is to assign,transfer and set unto Grantee all of Grantor's right,title and interest in and to an Assignment for Security between Lewis Investments,Inc.and Hawkeye State Bank,Iowa City,Iowa dated May 15, 1991 and recorded May 17, 1991 in Book 1232,Page 74,Records of the Recorder of Johnson County,Iowa. Grantee,by acceptance of this Deed,agrees to assume and timely perform all Grantor's obligations and responsibilities under the terms and conditions of the Assignment for Security referred to above. No transfer tax.Declaration of Value Statement or Groundwater Hazard Statement is required pursuant to Section . 428A.2(2)of the Iowa Code. - I r . 1 (i......•— •...c:3 • i Y CORPORATE SEAL _ r Each the undersigned hereby relinquishes all rights of dower,homestead and distributive shain - o re and to the real estate. _ . Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular.or o plural number, and as masculine or feminine gender,according the conte - 3y • O+yj HAWK sArSTA: BA.. - ;T Dated: March 3, 1999 0 A' ' • —• .. ,:I• •• .. ,r:,., of .i President (Grantor) • 1 .TATE OF .: :, . / COUNTY , :e / �..� 0 his day of Barbara '.McNeil,Cashier (Grantor) 19 ; before me, the undersigne. •a Notary Public in -•d for said State, person y appeared • (Grantor) 1111111 . • to me known to be thlgratical persons named in (Grantor) , and who executed t - eregoing instrument and acknowledged that •-y exe. ted the same as their voluntary act an. teed. ,• • • (Grantor) AMIMIMIIIMIMMI (Grantor) No - Public ( is form of acknowledgment for individual grantor(s)on• • , c (Grantor) ` ' 000261 em.kW.sl..Br A3.0.1111011 EXHIBIT,_, .,.., 106 QUIT CLAIM DEED . IOwAOOCS^'3/97 R.,m..d NownSr.1995 • PAGE_•_1 I STATE OF COUNTY,ss: • j Z;.0n this day of , 19 before me,theundersigned,a —' - Notary Public in and for said County and said State,personally appeared • • to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and data. • Notary Public STATE OF IOWA JOHNSON COUNTY,ss: On this 3rd day of March ,19 99 before me,the undersigned,a • • Notary Public in and for said County and said State,personally appeared Ray G.Glass and Barbara A,McNeil • to me personally known,who,being by me duly sworn,did say that they are the President and Cashier the seal affixed hereto i the seal o said respectively, of said corporation; that tex21estr aZioxe tx octael4 bbe elefi d corporation; that said and sealed (the seal affixed thcretu is-the seal of said) instrument was signed(end-seeled)-on behalf of said corporation by authority of its Board of Directors; • and that the said Ray G.Glass and Barbara A.McNeil as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed. • NOMM tr„1 !tt. o PI —T10 CO O • • N Entered upon transfer books and for taxation this • __ .......day __._.__.�©l�`^ •4`E'2"._"__...AUDITOR • RETURN TO: HOUGHTON LAW OFFICE P.O. Box 106 Iowa City, IA 52244 • 000262 .. I PAGE, a EXHIBIT "F" IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY IVER H. CAIRNS and ANN CAIRNS, ) Plaintiffs, ) EQUITY NO. vs. ) CHARLES FRAZER JOHNSTON, ) ATTORNEY FEE AFFIDAVIT LEWIS INVESTMENTS, INC., RICHARD) BLACKBURN, MARY LEA LEITCH ) JOHNSTON, DIGITAL PROTOTYPES, ) BRIDGE ASSOCIATES, HAWKEYE ) STATE BANK, STEPHEN B. JACKSON,) CONSTANCE STANNARD, IOWA ) STATE BANK & TRUST COMPANY, ) DAVID NADLER, SINAYA NADLER, ) THE UNITED STATES OF AMERICA, ) CROWN ELECTRIC, EDITH NODDLE, ) Individually and HARLAN NODDLE and ) EDITH NODDLE as Trustees, ) Defendants. ) ° ; (` m l ;"n LJ STATE OF IOWA ) ) ss: 3' JOHNSON COUNTY ) The undersigned, Davis L. Foster, being first duly sworn, depose and state that he is the attorney for the Plaintiffs, Iver H. Cairns and Ann Cairns. Further, there is not and has not been an agreement between this attorney and the clients or any other person, expressed or implied, for any division or sharing of the fee to be taxed. Further, the Defendants had information of and a reasonable opportunity to pay the debt before this action was brought. END OF CASE FILE