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Home My WebLink AboutLawsuits Case 3:21-cv-00015-SMR-CFB Document 2 *SEALED* Filed 02/19/21 Page 1 of 2 AO 440(Rev.06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Iowa FEB 2 4 2021 ) City Clerk ) Iowa City, Iowa JUSTIN T.TOLSTON ) Plaintiff(s) ) v. ) Civil Action No. 3:21-cv-00015-SMR-CFB IOWA CITY,and OFFICERS MICHAEL HARKRIDER,and ) ANDREW LNU,in both their personal and official capacity,and ) TERRY E.TACK,in his former official capacity,and DETECTIVE ) JOHN DOE,in his official capacity,and POLICE CHIEF DUSTIN LISTON, in his capacity as chief policymaker, ) Defendant(s) ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) Iowa City:410 E Washington St,Iowa City,IA 52240 A lawsuit has been filed against you. Within 21 days after service of this summons on you(not counting the day you received it)—or 60 days if you are the United States or a United States agency,or an officer or employee of the United States described in Fed.R.Civ. P. 12(a)(2)or(3)—you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: If you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. t 4r SUMMONS ISSUED 2-19-2021 Date: JOHN S. COURTER, Clerk C : f -or �{ - - �/ • IN1 C C 00/V--) "'° i 1l c.T P DEPUTY CLERK eA Case 3:21-cv-00015-SMR-CFB Document 2 *SEALED* Filed 02/19/21 Page 2 of 2 AO 440(Rev.06/12) Summons in a Civil Action(Page 2) Civil Action No. 1 PROOF OF SERVICE "i (This section should not be filed wit/i the court unless required by Fed.R. Civ. P. 4(0)FEB 2 4 2021 This summons for(name of individual and title,if any) City Clfark was received by me on(date) Iowa City, Iowa 0 I personally served the summons on the individual at(place) on(date) ;or I left the summons at the individual's residence or usual place of abode with(name) ,a person of suitable age and discretion who resides there, on(date) ,and mailed a copy to the individual's last known address;or CI I served the summons on(name of individual) ,who is designated by law to accept service of process on behalf of(name of organization) on(date) ;or CI I returned the summons unexecuted because ;or CI Other(specie): My fees are$ for travel and$ for services,for a total of$ 0.00 • 1 declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service,etc: Print Save As... I Reset Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 1 of 103 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION JUSTIN T. TOLSTON, ) r-) ? ,__ Plaintiff, ) ) FEB 2 4 2021 v. ) No. ) City Clerk IOWA CITY, and ) Iowa City, Iowa OFFICERS MICHAEL HARKRIDER, and ) ANDREW LNU, in both their personal ) and official capacity, and ) JURY TRIAL DEMANDED TERRY E. TACK, ) in his former official capacity, and ) DETECTIVE JOHN DOE, ) in his official capacity, and ) POLICE CHIEF DUSTIN LISTON, ) in his capacity as chief policymaker, ) Defendants. ) ORIGINAL COMPLAINT COMES NOW pro se Plaintiff in this jury demand civil trial action against the above-captioned Defendants seeking FIFTY (50) MILLION DOLLARS for flagrant contraventions of the First, Fourth, and Fourteenth Amendments, Iowa state law, and common law by Defendants' conspiracy failure to investigate;fabrication and alienation of evidence;unlawful arrest; deprivation of property without due process; malicious prosecution; libel; retaliatory failure to investigate; intentional infliction of emotional distress; assault; and battery stemming from the arrest of Plaintiff on July 17, 2019 where all charges were dismissed, and the records expunged. 1 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 2 of 103 TABLE OF CONTENTS TT ra E M Introduction 3 FEB 2 4 2021 II. Jurisdiction 6 City Clerk Iowa City, Iowa III. Parties 6 IV. Statement of Facts 9 1. Prior to Arrest 9 2. The Arrest 11 3. Media Coverage and Reputational Harm 14 4. Loss of Income 18 5. Retaliatory Failure to Investigate 20 6. The Dismissal and Expungement 22 7. Community Review Board and ICPD Policies 26 8. The Video Footage 30 9. The Aggressor's Relationship with Defendants 41 10.Defendant Harkrider Admissions 48 V. Causes of Action 54 1. Conspiracy Failure to Investigate 55 2. Fabrication of Evidence 64 3. City Liability for the Conspiracy 66 4. Suppression of Exculpatory Evidence 72 5. City Liability for the Suppression of Evidence 76 6. Unlawful Arrest and Seizure 79 7. City Liability for the Unlawful Arrest 82 8. Conspiracy Malicious Prosecution 83 9. City Liability for the Malicious Prosecution 84 10.Deprivation of Property Without Due Process 86 11.City Liability for the Deprivation of Property 90 12.Retaliatory Failure to Investigate 90 13.City Liability for the Retaliatory Failure to Investigate 92 14.Iowa state law claims for Libel; Intentional Inflection of 95 Emotional Distress; Assault and Battery; False Imprisonment; and Malicious Prosecution VI. Prayer for Relief 100 2 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 3 of 103 I. INTRODUCTION FEB 2 4 2021 1. Bodyworn and dash camera footageprovided byDefendant Ism'' l�,erk g �rY`; Iowa (hereinafter "City") unequivocally shows Officer Michael Harkrider (hereinafter"Harkrider")—in concert with Defendant Officer Andrew LNU (collectively hereinafter "Defendant Officers" and individually "Andrew LNU"),turned a blind eye to easily discoverable facts,spoliated exculpatory evidence, and swore upon a fabricated and wholly misleading affidavit. Relying solely on the inconsistent and later-recanted statements of a self- admittedly inebriated serial domestic abuser with a history of psychological illness (hereinafter "the aggressor")—Defendant Officers omitted exonerating facts in their sadistic bid to manufacture a materially false affidavit that contained a conscience-shocking lie. 2. The maliciously published narrative within the combined complaints and affidavits charging felony burglary, in addition to two lesser offenses, was widely republished to possible untold millions in muckrake, yellow- journalistic coverage which foreseeably resulted in dehumanizing emotional suffering; the loss of Plaintiff's livelihood; and continues to inflict incalculable harm on Plaintiff's reputation as a promising young attorney. 3. Beyond lynching Plaintiff's character in a fabricated affidavit, Defendant Officers violated Brady when they purposefully destroyed and suppressed evidence, namely by their intentional refusal to properly photograph—or 3 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 4 of 103 even document—Plaintiff's clearly visible injuries. Despite police polic c 4 2021 the contrary;agreeing to at the request of Plaintiff;and doing so for the serial-Ierk owa City, Iowa domestic abuser's alleged "little scratch"—Plaintiff's injuries were never reported in any capacity. The instant lawsuit is the first time Plaintiff's blatant injuries are irrefutably brought to light by Harkrider's own body camera footage provided by Defendant City. 4. Consumed by their conspiracy, Defendant Officers failed to tow Plaintiff's vehicle from the scene of the arrest or secure the keys which direct led to the theft of thousands of dollars in goods while Plaintiff's liberty was unjustly restrained to custody. 5. Defendant Iowa City, under the direction of Defendant Police Chief Dustin Liston, has a pattern and practice of deliberate indifference as relates to investigating police misconduct; failing to train officers in crisis intervention, among other areas—and allowing officers to capriciously fabricate evidence against Black men in a racially predatory and perverse use of the criminal justice system. Although more than 70,000 calls for service annually, over 80 sworn officers,and a budget in excess of 15 million dollars—Iowa City does not have an internal affairs department or entity specifically designated to investigate misconduct by members of the Iowa City Police Department. As of October 2020, in the twenty-three-year existence of the Iowa City Community Police Review Board (hereinafter 4 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 5 of 103 "CPRB")—there had been 119 complaints, of which only sixteen were sustained by the CPRB and a mere eight (8) were sustained by the Iowa City chief of police.1 With roughly 1.5 million calls for service over the same time-period, the eight sustain allegations by the police chief equates to a statistically insignificant misconduct occurrence rate. Consequently, with no institutional check outside the chain of command—and in retaliation for Plaintiff merely reporting Defendants' malfeasance during the arrest— Defendants Terry E. Tack and Detective John Doe, deliberately failed to investigate the theft, or officer misconduct, ignored evidence, and omitted material facts from the police report filed by Plaintiff after release from custody. 6. After nearly a five-months-long prosecution—based entirely on the patently false and fabricated affidavit that was republished by the district attorney and media—all three charges levied by Defendant Officers were dismissed and the records were later expunged. FEB 2 4 2021 City Clerk Iowa City, Iowa 1 Ojeda, Hillary, Iowa City Community Police Board finds just 4.5% of complaints against cops valid, October 15, 2020, Iowa City Press-Citizen, https://www.press-citizen.com/story/news/crime-and- courts/2020/10/15/Iowa-city-police-review-board-complaint-track-record- discipline/5972507002/ (accessed January 29, 2021). 5 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 6 of 103 II. JURISDICTION 7. This action is brought pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1988, and under the First, Fourth, and Fourteenth Amendments to the United States Constitution. This Court has jurisdiction of this action under 42 U.S.C. § 1983, 28 U.S.C. § 1343, and 28 U.S.C. § 1331. Plaintiff further invokes the supplemental jurisdiction of this Court to hear and decide claims arising under the common law and Iowa state law pursuant to 28 U.S.C. § 1367. III. PARTIES FEB 2 4 1011 8. Plaintiff Justin T. Tolston is a domiciled citizen of Omaha, Nebraska.:Qu.,erk Iowa City, Iowa Plaintiff: a. In July 2018, while actively enrolled in law school classes, Plaintiff successfully sat for the Iowa bar exam. Plaintiff was sworn-in at an Iowa Supreme Court ceremony in September 2018 and continues to maintain a valid license to practice law—free of any discipline. b. In August of 2018, Plaintiff graduated from law school and started a Master of Laws (LLM) program at Emory University School of Law. In April 2019, Plaintiff negotiated a three-year contract with Noyes Law Office in Fairfield, Iowa worth over $160,000 dollar—not including incentive pay. Plaintiff was hired to expand the bankruptcy 6 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 7 of 103 LL2, .:' D practice to include criminal, family, and immigration law. Plaiff 4 2021 began work in the rural Iowa community on April 29,2019. In May'46fClerk Iowa City, Iowa 2019, Plaintiff graduated from Emory University School of Law. c. In July 2019, Plaintiff was elevated to a partner track, moved to the second largest office in the firm, and given an incentive plan due to exceptional performance in the months prior to the arrest. At the time of the arrest, Plaintiff was the attorney of record or retained counsel in over a dozen active cases in federal court and several counties across Iowa. d. In July 2019, the late Honorable Chief Justice of the Iowa Supreme Court, Michael Cady, attested to the upstanding and reputable character of Plaintiff by signing his name to a document blessing Plaintiff to gain admittance to this Court. 9. Defendant Iowa City, Iowa (hereinafter "City") is a municipality pursuant to the laws of the State of Iowa. 10. At all times referred to herein Defendant Officer Michael Harkrider was a police officer for the Iowa City Police Department (hereinafter "ICPD") and was acting under color of law within the scope of his employment and official capacity as a police officer for City. 11. At all times referred to herein Defendant Former Officer Terry E. Tack (hereinafter"Tack")was a police officer for the Iowa City Police Department 7 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 8 of 103 and was acting under color of law within the scope of his employment and official capacity as a police officer for City. Defendant Tack's current employment status is unknown as he was fired on January 21, 2020 for allegedly fleeing the scene of a November 24, 2019 drunk-driving accident that caused more than$7,000 dollars in damage.2 However,Defendant Tack is appealing the termination—alleging his firing, in part, lacked proper cause and sufficient grounds, and was inconsistent with due process.3 12. At all times referred to herein Defendant Officer Andrew LNU was a police officer for the Iowa City Police Department and was acting under color of law within the scope of his employment and official capacity as a police officer for City. 13. At all times referred to herein Detective John Doe was a detective for ICPD and was acting under color of law within the scope of his employment. 14. Currently, Defendant Dustin Liston is the chief of police for the Iowa City Police Department and is delegated chief policymaker by City. 11 FEB 2 4 2021 City Clerk Iowa City, Iowa 2 Hermiston Lee, Iowa City police officer, fired for alleged drunken crash appeals termination, February 18, 2020, https://www.thegazette.com/subject/news/government/terry-tack-iowa-city- police-officer-fired-alleged-drunken-crash-appeals-termination-20200218. 3 Id. 8 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 9 of 103 FEB 2 4 2021 City Clerk IV. STATEMENT OF FACTS Iowa City, Iowa The statement of facts is segmented into ten sections for clarity due to the complexity of the factual allegations as relates to the twenty causes of action. Prior to The Arrest 15. On July 17, 2019 at 9:13PM, Plaintiff received a text message from the aggressor stating: "N00000000," followed by another text message from the aggressor stating: "I just stepped in wet cement." 16. At 9:15PM, Plaintiff received another text message from the aggressor stating: "Come pick me up my feet fucked." 17. At 9:16PM,Plaintiff received another text message stating: "I'm drunk what a fucked up foot [sic] you around the corner and you can't answer the phone." (emphasis added) 18. At 9:25PM, Plaintiff finally responded: "Wya [where are you]." 19. At 9:25PM, the aggressor text his location while Plaintiff at the restaurant, Darling Dumplings, in downtown Iowa City. 20. From approximately 9:30PM to 9:40PM, Plaintiff gave the inebriated aggressor a ride to 830 Hudson Avenue in Iowa City. 21. Plaintiff finished eating in the home, and then went back to the car to leave. 22. Once at the vehicle,Plaintiff realized his keys were left upstairs in the home. 9 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 10 of 103 23. Knowing the admittedly drunken state of the aggressor, Plaintiff knocked firmly on the door and the aggressor opened the door. 24. Plaintiff calmly walked upstairs and was followed by the aggressor who asked Plaintiff to stay at the home. 25. Plaintiff declined the aggressor's request. 26. After Plaintiff retrieved the keys, the aggressor stood in the doorway to the room and asked Plaintiff to stay multiple times. 27. Plaintiff declined the aggressor's repeated requests. 28. Utterly unprovoked and without warning, the aggressor yelled: "Citizen's arrest!" Then the aggressor proceeded to attack Plaintiff. 29. Taken to the ground by the inertia from the force of the initial rush, Plaintiff repeatedly told the aggressor to stop the attack. 30. The aggressor responded: "I'm performing a citizen's arrest. I'm going to tell them that I asked you to leave, and you wouldn't and that you hit me, that's burglary." 31. Hearing the commotion, another resident of the home ran to the room and saw Plaintiff being attacked. 32. While witnessing the attack, Plaintiff yelled to the roommate for help. 33. The roommate called 911 as Plaintiff was being attacking. —> FEB 2 4 2021 City Clerk Iowa City, Iowa 10 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 11 of 103 34. During the attack, money from Plaintiff's suit jacket fell onto the floor. The aggressor tried to extort Plaintiff by offering to stop the attack in exchange for the money. 35. Plaintiff refused and again told the aggressor to stop the attack. 36. Despite the ruthless savagery of the unprovoked attack, Plaintiff made no offensive moves to injury or harm the aggressor and only shielded in defense until the arrival of Harkrider, followed by Andrew LNU and another unknown officer. The Arrest 37. At 9:48PM, Defendant Officers made contact as Plaintiff was straddled underneath the aggressor and still actively being assaulted.4 38. Within seconds of contact and before being handcuffed, Plaintiff looked directly at Harkrider, and informed him of the assault by the aggressor. 39. Once the aggressor was pulled from on top of Plaintiff, Harkrider rolled Plaintiff over face-down and handcuffed Plaintiff. Harkrider stated handcuffing Plaintiff was for safety. The aggressor was never handcuffed. 40. Plaintiff was then picked off the floor of the room and escorted outside next to Harkrider's patrol cruiser. �. L r- D FEB 2 4 2021 City Clerk Iowa City, Iowa 4 The time listed on the complaint and affidavit by Harkrider is 9:48PM. 11 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 12 of 103 41. Defendant Officers briefly questioned Plaintiff while standing next to Harkrider's patrol car which parked on the street in front of the house. 42. One of the initial questions Defendant Officers asked Plaintiff was: "Why are you so dressed up?" 43. Plaintiff advised Defendant Officers that Plaintiff was a practicing attorney in Iowa. 44. Plaintiff informed Defendant Officers that the aggressor began the unprovoked attack after yelling "citizen's arrest" while Plaintiff was attempting to leave after retrieving his car keys. 45. Plaintiff informed Defendant Officers that the aggressor had a history of physical abusive behavior directed at others. 46. Criminal records from offenses committed in Johnson County Iowa are readily accessibility to officers of the Iowa City Police Department. 47. Defendant Officers never reviewed the aggressor's record. 48. Upon arrival by Defendant Officers, Plaintiff's car door was open. 49. Defendant Officers never towed Plaintiff's vehicle, nor did they retrieve Plaintiff's car keys from the residence or inquire as to their whereabouts during the investigation. 50. The three combined complaints and affidavits—sworn to be truthful under penalty of perjury and authored by Harkrider—read: , is FEB 2 4 2021 City Clerk 12 Iowa City, Iowa Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 13 of 103 Def was arguing with his ex-boyfriend and went to his home to confront him. He knocked on the door for approximately 10 mins when the resident/victim opened the door and told him to leave. The def pushed his way into the home as the victim repeatedly told him no. Victim retreated up the stairs and into his bedroom for safety. Def chased him up the stairs and into the room and punched him in the face. The two then struggled on the floor and the def knocked the victim's phone out of his hand (as he was trying to call 911) and began to strangle him with both hands. Victim complained of pain to his head and neck and had a visible scratch on his neck. Def refused to discuss the details of the incident with officers. 51. At 10:47PM,while Plaintiff was being booked at the Johnson County jail,the aggressor sent a text message, in possession of property that would later be reported stolen from Plaintiff's vehicle. 52. Plaintiff showed Johnson County deputies the text. The Johnson County deputies took no actions to preserve or document the evidence. 53. The combined complaints and affidavits were electronically filed with the Johnson County District Court on July 18, 2019 at 12:50AM. 54. Harkrider's fabricated report charged Plaintiff with the two simple misdemeanors of simple assault and obstruction of an emergency communication. In addition, Harkrider, in concert with Andrew LNU, charged Plaintiff with the class B felony of burglary in the first degree. 55. On the morning of July 18,2019,a leg-shackled and handcuffed Plaintiff was presented before a Johnson County judge and the severity of the, burglary charge was given as the main reason for Plaintiff's $20,000 bond. FEB 2 4 2021 13 City Clerk Iowa City, Iowa Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 14 of 103 FEB 2 4 2021 City Clerk Iowa City, Iowa Media Coverage and Reputational Harm 56. On July 18, 2019, the Gazette published an article by Lee Hermiston that read: An Omaha, Neb., man faces up to 25 years in prison if convicted of breaking into an Iowa City home and assaulting the occupant. Justin T. Tolston, 28, of Omaha, Neb., had been arguing with someone Wednesday and went to his home in Iowa City to confront him, according to Iowa City police criminal complaints. Police said Tolston knocked on the door for about 10 minutes before the resident told him to leave. Tolston forced his way into the home, chased the resident upstairs and punched him in the face, police said. The resident tried to call 911 as the two men struggled on the floor, but Tolston knocked the phone away and began to choke him. Tolston was arrested and faces charges of first-degree burglary, a Class B felony; and assault and obstruction of emergency communications, both simple misdemeanors.5 57. On July 22, 2019, the Southeast Iowa Union published an article by Andy Hallman that read: A Fairfield man was arrested Wednesday and charged with assault and breaking into a residence. According to a report from the Iowa City Police Department, Justin Tolston, 28, is accused of going to a man's home in Iowa City, forcing his way inside, and punching the man in the face and strangling him when he tried to call 911. Tolston was charged with assault, obstruction of emergency communications, and first-degree burglary. His bond 5 Lee Hermiston, Omaha man accused of Iowa City break in, assault, July 18, 2019, https://www.thegazette.com/subject/news/public-safety/omaha-man- justin-tolston-accused-of-iowa-city-break-in-assault-20190718 (accessed February 1, 2021). 14 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 15 of 103 was set at $20,000, and his preliminary hearing was scheduled for July 29.6 58. On July 22, 2019, The Iowa City Press-Citizen published an article by Hillary Ojeda that read: 1 F An Omaha man was arrested after police say he broke FEB 2 4 2021 into the home of a man and assaulted him in Iowa City City Clerk Wednesday. Justin Thomas Tolston,28,allegedly became upset DwJa City, Iowa with his ex-boyfriend and went to his house after 9 p.m., according to a complaint. Police say Tolston repeatedly knocked on the door for about 10 minutes before the victim opened it and told him to leave. He allegedly forced his way in and the victim ran into a bedroom to avoid him. According to the complaint, Tolston punched the victim in the face and strangled him with both hands. He allegedly knocked the victim's phone out of his hand to prevent him from calling the police. The victim had a scratch on his neck and experienced pain to his head and neck. Tolston was transported to the Johnson County Jail and is being held on a $20,000 bond. He faces several charges: burglary, assault and obstruction of emergency communications.? 59. The website Aazios published an unattributed article that read: An Omaha man was arrested after police say he broke into the home of a man and assaulted him in Iowa City Wednesday.Justin Thomas Tolston,28,allegedly became upset with his ex-boyfriend and went to his house after 9 p.m., according to a complaint. Tolston, is the founder of The Equity in Justice Institute, which according to their website "was founded on the principle that individuals accused of crimes, improperly convicted, or excessively punished deserve access 6 Andy Hallman, Fairfield man charged with assault, Southeast Iowa Union, July 22, 2019, https://www.southeastiowaunion.com/article/20190722/ARTICLE/190729968 /2668 (accessed February 1, 2021). 7 Hillary Ojeda, Omaha man accused of breaking into home, assaulting victim, July 18, 2019, hops://www.press-citizen.com/story/news/2019/07/18/omaha- man-accused-breaking-into-home-assaulting-victim/1767776001/(accessed February 1, 2021). 15 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 16 of 103 to high quality legal representation independent of their financial capacity. By providing resources and research, EJI aims to uphold the spirit of the nation's charter." Police say Tolston repeatedly knocked on the door for about 10 minutes before the victim opened it and told him to leave. He allegedly forced his way in and the victim ran into a bedroom to avoid him. According to the complaint, Tolston punched the victim in the face and strangled him with both hands. He allegedly knocked the victim's phone out of his hand to prevent him from calling the police. The victim had a scratch on his neck and experienced pain to his head and neck.Tolston was transported to the Johnson County Jail and is being held on a $20,000 bond. He faces several charges: burglary, assault and obstruction of emergency communications.8 'a 60. The KMALand published an unattributed article that read: FEB 2 4 2011 Fairfield police say an attorney has been arrested for" Clerk allegedly assaulting his former boyfriend. Twenty-eight-year- City, Iowa old Justin Tolston is accused of going to the victim's home in Iowa City, forcing his way inside and becoming physically violent. The owner of the law firm where Tolston is employed says he is on a leave of absence. He's in the Johnson County Jail charged with assault, obstruction of emergency communications and burglary.9 61. The Iowa-Press Citizen also maintains an online, searchable database of mugshots and arrest records where Plaintiff's image appeared. 8 Aazios, Criminal Justice Attorney Arrested For Breaking Into Ex Boyfriend's Home, Assaulting Him, July 20, 2019, https://aazios.com/articles/criminal- justice-attorney-arrested-breaking-ex-boyfriends-home-assaulting-him (accessed February 1, 2021). 9 KMALand, Iowa News Headlines, Friday, July 19, 2019, https://www.kmaland.com/news/regional/Iowa-news-headlines-friday-july- 19-2019/article 5b1dbf46-aa41-11e9-bec6-9770373d7d73.html (accessed February 1, 2021). 16 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 17 of 103 62. Despite over a dozen years of public service, civic engagement, scholastic achievement, the top Google article concerning Plaintiff's name—less than a year from graduating with a post-doctorate and passing the bar—was Harkrider's false report by serving as the clear basis for the fake news articles. 63. Plaintiff's mugshot and Harkrider's false report was broadcast to untold millions of people on the evening news. 64. Despite the records associated with the arrest being expunged, the articles remain online in a continual trespass to Plaintiff's reputation,character, and integrity. 65. One of the top images that appears in a Google search of Plaintiff's name is the mugshot from the arrest. 66. The first few pages of the Google search of Plaintiff's name, humiliatingly no longer display the 2011-12 articles penned as a community columnist for the Lincoln Journal Star on topics including the racial disparity in education° and systemic incarceration. In the latter article, Plaintiff most relevantly wrote: , FEB 2 4 2021 City Clerk 10 Justin T. Tolston, Working to bridge the achievement gap, July 27, 2012, Iowa City, Iowa Lincoln Journal Star, https://journalstar.com/news/opinion/editorial/columnists/community- columnist-working-to-bridge-the-achievement-gap/article 62ac1f08-3af2-535c- 85e8-1430d38e54a1.html (accessed February 1, 2021). 17 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 18 of 103 We must first acknowledge our own racial prejudice, which has equated Black to criminal, before society can adequately address institutionalized racism, particularly within the American criminal justice system. Unless action is taken to prevent the further economic, cultural and social oppression of the Black minority population, this societal inequality will contribute to the overall decline of America...Consequently, once convicted of a crime, Blacks are then indefinitely disadvantaged in seeking employment because of a criminal record and the racial disparity in hiring practices. Unemployment in the black community averaged 15.8 percent in December of 2011 and has remained above 10 percent for most of the last half century. For Blacks 17-24 the unemployment is an astonishing 35 percent with claims it is closer to 50 percent...To those with the preposterous assertion that Blacks simply commit more crimes, the truth is that the system is skewed to target racial minorities, and especially Blacks...Racially predatory and bias investigation techniques coupled with the indiscriminate prosecution of minorities have exacerbated this societal epidemic...If current rates continue, 1 in 3 black men will spend some time in prison. Government is supposed to protect its citizens, not persecute them.11 (emphasis added) Loss of Income and Opportunity 67. On July 18, 2019, when asked to comment by the media on the charges against Plaintiff, Edward Noyes—Plaintiff's superior and owner of Noyes L FEB 2 4 2021 City Clerk Iowa City, Iowa 11 Justin T. Tolston, Acknowledge we all have racial prejudices, Lincoln Journal Star, April 20, 2012, https://journalstar.com/news/opinion/editorial/columnists/community- columnist-acknowledge-we-all-have-racial-prejudices/article b5fd56a7-dbd6- 5285-929a-9c764fc61d3a.html (accessed February 1, 2021). 18 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 19 of 103 Law Office—was quoted stating: "I hope that he can get past this because he has tremendous potential."12 68. Due to the high saliency of the coverage coupled with the serious nature of the narrative in the news reports based on Harkrider's complaints and affidavits, Plaintiff's three-year contract at Noyes Law Office was terminated. 69. The sudden termination of Plaintiff's contract forced Plaintiff to withdraw from two guardianship proceedings for minors with an opioid-addicted parent, a divorce, and several other district court criminal matters. 70. Due to the charges and despite being the only contract attorney with the Iowa Public Defenders Office for rural Jefferson County, Plaintiff had to withdraw from representing more than a half dozen indigent clients that had been appointed by the court. 71. The loss of income directly forced Plaintiff to curtail operations, and impacted the ability to maintain an internet presence for Plaintiff's IRS- registered 501(c)(3) not-for-profit the Equity in Justice Institute, which was established in 2017 while in law school to serve a legal non-profit of last resort. .) FEB 2 4 2021 City Clerk Iowa City, Iowa 12 Beth Waldon,July 18, 2019 KTVO, https://ktvo.com/news/local/fairfield- attorney-charged-in-iowa-city-break-in (accessed February 1, 2021). 19 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 20 of 103 72. Friends, associates, and former clients distanced themselves from Plaintiff based on the news reports and charges. 73. Another employer abruptly fired Plaintiff due to the charges surfacing on a background check prior to their expungement, with the human resources representative stating: "I am so sorry, and that was the hardest thing I've ever had to do at this job. I hope all can be worked out, but if I do not see you again here at [former employer], I wish you all the best. Thank you for being such a gentleman about the entire situation." 74. Prior to expungement, a manager from Legal Aid of Iowa inquired about the charges during a second interview, and the organization ultimately decided not to extend Plaintiff an offer. 75. A prominent civil rights attorney described the reports as making Plaintiff "radioactive," in determining to forgo collaboration. 76. At another employer, a friend and well-respected attorney described the reports as "career limiting." Retaliatory Failure to Investigate 77. On July 19, 2019, Plaintiff was bonded out of jail by paying $2,000 and placing collateral. FEB 2 4 2021 City Clerk Iowa City, Iowa 20 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 21 of 103 78. That morning, aggressor gave Plaintiff's car keys to another resident of the home, who then gave them to Plaintiff.13 79. Plaintiff then went to the tow lot to retrieve the vehicle. FEB 2 4 2021 80. At the tow lot the doors to Plaintiff's vehicle were locked and property wag k 10`413 City, Jcrwm missing from the vehicle. 81. Plaintiff initially called the police to report the conduct of the Defendant Officers, and to report the theft of items from the vehicle. 82. After placing the call, Plaintiff then manifested at a police precinct and spoke with a plainclothes person that described himself as a detective. Defendant Detective John Doe (hereinafter "Detective John Doe") was European American or a lightly complected Hispanic, approximately 5'9 to 6,' and likely between 195 and 240 pounds. Detective John Doe's hair was approximately two inches, styled backwards. He was stressed in slacks, dress shoes, with a long sleeve collared shirt with a white undershirt. 83. Plaintiff physically showed Detective John Doe the picture message that the aggressor sent of property from Plaintiff's car while Plaintiff was in custody. 84. The report by Defendant Former Officer Terry E Tack, reads: Victim called police to report a car burglary on 7-19-19.Victim stated he had just gotten out of jail and discovered items missing from his car. Victim stated his car was parked at 830 13 Four men were on the lease to the home at 830 Hudson Ave. The referenced roommate is this paragraph is not the roommate that called police while Plaintiff was being attacked. 21 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 22 of 103 Hudson Ave on 7-17-19.Victim stated that he was arrested for burglary at 2030 but police record indicate approx. 2150. Victim stated at that his 2006 Ford Focus had a door left open before he was arrested. Police records indicate that a private property tow was done shortly before 0700 on 7-18-19 of victim's car. Victim's vehicle was taken to Big 10. Victim was missing an Apple MacBook ($2500), UBL Speaker ($150), brown leather bag ($300)...No suspects at this time." 85. No complaint was ever record against Defendant Officers despite voicing a bona fide complaint in-person and via telephonic means. 86. Neither superior for either of Defendant Officers was made aware of Plaintiff's complaint regarding their conduct during the arrest and subsequent failed investigation. FEB 2 4 2021 The Prosecution, Dismissal, and Expungement City Clerk Iowa City, Iowa 87. On July 25, 2019—eight days after the arrest—in a sworn "True Information" charging Plaintiff with the class B felony of first degree felony burglary, Johnson County Prosecutor Oubonh White, swore: "The Defendant, on or about July 17, 2019, in Johnson County, Iowa, did enter or remain in or upon an occupied structure without right, license, or privilege to do so with the intent to commit an assault therein, while persons were present, and intentionally or recklessly inflict bodily injury on any person...The Defendant, on or about July 17,2019,in Johnson County, Iowa, did assault [the aggressor], causing bodily injury." 88. In the accompanying "Minutes of Testimony," Oubonh White swore: 22 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 23 of 103 The following witnesses are expected to testify on behalf of the State of Iowa; they will do so substantially as set out below. They may testify as to additional facts and circumstances surrounding the events described herein, and will testify as to all things said or done by defendant in their presence. Michael Harkrider is a member of the Iowa City Police Department, CIVIC CENTER 410 E WASHINGTON ST IOWA CITY IA 52240. Officer Harkrider will testify he was on duty July 17, 2019 when he responded to the report of an altercation at 830 Hudson Ave. in Iowa City at approximately 9:49 p.m. Upon arrival, he was met at the door by witness [roommate]. [roommate] directed Harkrider upstairs where he said his roommate was fighting with his boyfriend. As he made his way upstairs he could hear a man yelling he was holding down a burglar. He stepped into a bedroom and saw [the aggressor] kneeling on top of a male, later identified as Defendant. Defendant as lying on his back and Hood was holding him down by his wrists. Officer Harkrider advised Hood he could release the Defendant; who immediately rolled over and placed his hands behind his back to be handcuffed. Defendant claimed he was not a burglar that he had entered the home with Hood.During his interview of Hood,Harkrider will confirm he complained of pain to his head and neck and had a visible scratch on his neck. [The aggressor] may be contacted through the Johnson County Attorney's Office He will testify to the facts and circumstances surrounding his prior relationship with. Defendant. Mr. Hood stated Defendant is his ex-boyfriend and lives approximately an hour away. Defendant had no right or reasonable grounds to believe he was welcome to walk into his home and assault him. Hood stated he knew Defendant was in town. They had been arguing earlier that day, when he heard banging on his front door. He let the banging go on for about 10 minutes until he finally decided to open the door to speak with Defendant. Immediately upon opening the door, Defendant charged in uninvited and began pushing him. Hood says he told Defendant to leave and fled upstairs to get away. Defendant chased him upstairs, pushed the bedroom open as Wood was trying to close it,and punched him in the face.Hood -. attempted to call 911 but Defendant knocked the phone out of his and began strangling him. He was eventually able to break FEB 2 4 2021 City C!erk 23 Iowa City„ iowa Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 24 of 103 free,screaming for his roommate for help.Mr.Berger called 911 as Hood continued to struggle with Defendant until police arrived.He will testify to feeling pain in his head and neck from the assault. Tom Jones, or designee, is the director of the Johnson County Emergency Communications Center. The witness will testify that while on duty a 9-1-1 call(s) for service came in reporting a crime in this case. The witness will further testify about communications with police officers and the reporter(s) regarding the call(s) for service. The witness will testify about the routine business records and procedures regarding 9-1-1 calls. The witness will identify a recording(s) of the call(s) for service as well as a computer generated call for service log(s) as records kept in the normal course of business. The witness may testify to additional facts and circumstances. 89. On August 9, 2019, the aggressor met with an investigator that was part of Plaintiff's defense. The meeting was arranged by Plaintiff's attorney, John Bruzek. At the meeting, the aggressor gave the investigator property belonging to Plaintiff—including an item that was reported stolen from Plaintiff's vehicle. During the meeting, the aggressor signed a notarized affidavit that was an unequivocally recantation of the salacious and unchallenged narrative peddled by Defendant Officers. ( , ._a 1 90. In the August 9, 2019 affidavit, the aggressor affirmed: FEB 2 4 2021 On July 17th me and Justin, got into a minor verbal City Clerk disagreement which lead to me asking him to leave the ;a City, Iowa premises which we were sharing...Mr. Tolston left when asked. I didn't realize at the time that he didn't actually drive off of the property because he didn't have his car keys. In my anger I thought he was trying to continue the argument and I responded in kind. We talked in the foyer of the house...As it stands, I do not believe Justin committed the crimes of which he is accused. At best, we are equally at fault for 24 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 25 of 103 mismanaging what could have been a simple disagreement. He was never evicted and completely had the right to be there. The only thing that was making him leave was me and he was attempting to comply. I don't want to participate in this prosecution and I just want this to go away. I declare under penalty of perjury and pursuant to the laws of the State of Iowa that the foregoing information contained in this affidavit is true and correct. 91. It was revealed to Plaintiff's defense, that the aggressor reportedly "spent most of the night" at Iowa City University Health Center in the psychiatric department following Plaintiff's arrest. 92. In the face of the aggressor's recantation, the state offered Plaintiff a deal to pay a minimum fine and plead guilty to a sole simple misdemeanor of disorderly conduct in exchange for dismissal of all other charges. In a seasonal expression of innocence and against the advice of trusted counsel— Plaintiff declined the offer and requested to proceed with speedy trial. 93. Upon a unilateral request by the county prosecutor—all charges were dismissed with prejudice and the records were later expunged. During the process of expungement, the State of Iowa through the Johnson County Prosecutor's Office had the opportunity—but declined to object to the assertions within the applications of: 1) Plaintiff's complete innocence, and 2) the basis of the charges being Harkrider's sworn combined complaints and affidavits. -, LLB FEB 2 4 2021 City Clerk Iowa City, Iowa 25 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 26 of 103 Community Review Board and ICPD Policies 94. The Community Police Review Board was created from Iowa City Ordinance 97-3792 in 1997. The provisions of the ordinance vest authority in the CPRB to conduct fair, thorough, and accurate investigations into complaints that allege misconduct by a sworn police officer. Although thirteen amendments since its inception, the CPRB remains largely unchanged from its original charter. FEB 2 $ 102i 95. Upon receipt of a complaint, the CPRB,which is currently comprised of five a Clerk o\tia City, Iowa members that are appointed by the Iowa City City Council, votes by simple majority for their preferred level of review which can include a combination of following: 1) on the record, with no additional review; 2) interview/meet with the complainant and/or named officer(s); 3) request additional investigation or assistance from the police chief or city manager; 4) perform its own investigation; or 5) hire its own investigators. 96. The CPRB must produce quarterly records of allegations of police misconduct and as of October 2020, in twenty-three years of existence, the CPRB has received a total of 116 complaints. The CPRB sustained sixteen complaints—which is 4.5% of those received. The Iowa City police chief sustained half—or only eight of those allegations sustained by the CPRB— which is 2.25% of the 116 complaints received by the CPRB in 23 years. 26 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 27 of 103 97. In order to publicly name an officer accused of misconduct, the CPRB must hold a "naming hearing." The CPRB routinely goes years without a single name hearing. 98. Once investigated, the police chief performs an investigation. Upon completion, the CPRB reviews the police chief's findings. Finally, a public complaint disposition report is issued. 99. Defendant City publishes data on the number of calls for service annually and Defendant City averages more than 70,000 calls for service a year. 100. If truly only eight occurrences of police misconduct in twenty-three years, as represented by the CPRB allegations sustained by the Iowa City police chief, Iowa City officers engage in police misconduct at an improbable and statistically insignificant rate of approximately .00000533 percent of the time when responding to calls for service. 101.Days following Plaintiff contacting the CPRB to verify the astonishing figures contained herein, the media reported Defendant City decided to conduct a "legal review" on how to increase accountability.14 FEB 2 4 2021 City Clerk Iowa City, Iowa 14 Ojeda, Hillary, Iowa City to conduct legal review of police board's recommendations to increase police accountability, February 11, 2021, Iowa City Press-Citizen, https://www.press-citizen.com/story/news/crime-and- courts/2021/02/11/Iowa-city-council-reviewing-recommendations-to-increase- police-accountability/4461196001/ (accessed February 14, 2021). 27 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 28 of 103 , 102. According to Defendant City policy as codified in "Persons with Mental Illness" general order 5-01 of the Iowa City Police Department: The following are generalized signs and symptoms of behavior that may suggest mental illness although officers and applicable employees should not rule out other potential causes such as reactions to narcotics or alcohol or temporary emotional disturbances that are situational motivated. Officers and applicable employees should evaluate the following and related symptomatic behavior in the total context of the situation when making judgments about an individual's mental state and the need for intervention. 1. Degree of Reactions - Mentally ill persons may show signs of strong and unrelenting fear of persons,places, or things. 2. Appropriateness of Behavior - A mentally ill individual may demonstrate extremely inappropriate behavior for a given context. 3. Extreme Rigidity or Inflexibility - A mentally ill individual may be easily frustrated in new or unforeseen circumstances and may demonstrate inappropriate or aggressive behavior in dealing with the situation. 4. In addition, a mentally ill person may exhibit one or more of the following characteristics: 1. Abnormal memory as to such common facts as name or address. r 2. Delusions - the belief in thoughts or ideas that are false, such as delusions of grandeur or paranoia. 3. Hallucinations of any of the five senses (e.g. hearing FEB 2 4 2021 voices, feeling one's skin crawl, smelling strange City Clerk odors, etc.) Iowa City, Iowa 4. The belief that one suffers from extraordinary physical maladies or abilities that are not possible. 5. Extreme fright or depression. 103.Once a mentally ill individual is identified ICPD policy instructs officers that: "Based on the overall circumstances and the officer or applicable employee's judgment of the potential for violence, the officer or applicable 28 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 29 of 103 employee may provide the individual and family members with referrals on available community mental health resources. Officers may take custody of the individual in order to seek an involuntary emergency evaluation." 104.With regard to training officers on interactions with those deemed mentally ill, the ICPD policy states: "Officers and applicable employees shall receive documented initial and ongoing training regarding interaction with persons suspected of suffering from mental illness. Documented refresher training shall take place annually for agency personnel." 105.The section entitled "written reporting" in the Iowa City Police Department policy on domestic violence states: I € 4 Officers shall complete reports for all cases involving current or past intimate or domestic relationships. Officers f-E8 2 4 2021 shall also complete a report where elements of stalking or ; , Clerk potential risk to the victim, their family, or the public are �;i ty Iowa reported to the police department. Written reports should be factual,specific and clear so as to present an accurate portrayal of the domestic abuse incident. Written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. Reports will, at a minimum, contain narratives which will include the following information: 1. Full names of parties involved, including dates of birth of the suspect and victim 29 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 30 of 103 2. Address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. The relationship of the victim and suspect 5. Location of the assault - 6. Whether no contact orders are known to exist 7. A description of the scene FEB 2 4 2021 8. Weapons used City Clerk 9. Whether a 9-1-1 call was received Iowa City, Iowa 10.Documentation of injuries of all parties injured 11.If alcohol is involved, the result of any PBT given to the suspect and victim 12.Whether they received medical treatment 13.An indication of whether the victim was presented their rights 14.Excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim 15.If the officer is aware of pending domestic charges, note that fact in the narrative The Video Footage 106.Following the dismissal of charges, Plaintiff served a series of Iowa open records requests to police departments demanding the video footage from the arrest and other documentation from previous calls for service. Defendant City provided only a fraction of all the video from the scene while citing a confidentiality exception to public disclosure. The footage provided was heavily redacted, and in some cases is devoid of audio or visual images entirely. The data provided by Defendant City was comprised 30 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 31 of 103 of ten separate video files totaling 2.12 gigabytes equating to more than 2 hours of footage. 107.The dash camera footage provided by Defendant City in file Car82#1 is seven minutes and one second (07:01). The footage is a forward-facing perspective from inside Harkrider's cruiser in which Plaintiff was detained. The redacted dash camera footage shows: FEB 2 4 2021 a. At 00:29 - 00:40, Harkrider is heard clearly stating: City Clerk Ok, so [Plaintiff] he's saying, he knows, that they kno w.3 City, I;ovv each other and that they arrived here together. [The aggressor] he's saying it's a burglary, they just caught him climbing through the window. When I got here,the first words out of the caller's [roommate] mouth was 'I don't know my roommates are fighting.' But, but when I get up there he [the aggressor] is holding him to the ground saying, 'this guy just broke into my house (inaudible) I caught him.' b. At 1:00, Harkrider continues: "he didn't put up a fight at all, he [Plaintiff] says 'no we came together' let me see if I can figure this out," as an unidentified officer is heard saying "relationship history." c. At 01:19,after some faint chatter,Harkrider says: "I don't know,Andy said he was supposed to be talking to him. The RP [roommate] when he came out the door, he said 'my roommates are fighting...I don't know what is going on.' 31 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 32 of 103 d. At 1:32, Harkrider continues: "so I'm leaning toward believing this guy [Plaintiff], that he's here for a cause." e. At 2:55 - 2:58, Plaintiff spontaneously says, "I have money upstairs that needs to be collected that fell out during the altercation." f. At 2:59 - 3:00, Harkrider says "what's that buddy?" g. At 3:00 - 3:08, Plaintiff says: "I have money upstairs that is where you located me that needs to be collected that fell out during his assault of me." h. At 03:07 to 3:09, Harkrider asks "Do you know how much you have?" i. At 03:09 - 03:14, Plaintiff responds "It was probably three, four hundred dollars in hundred-dollar bills, I have money in my pocket to corroborate that. That needs to be collected as evidence. FEB 2 4 2021 j. At 3:20, Plaintiff again says: "He attacked me." City Clerk Iowa City, Iowa k. At 3:21 - 3:23, an unidentified officer can be heard saying: "It sounds like an on and off type of thing." 1. At 03:24 - 03:25, after four seconds of silence, Harkrider completely ignores Plaintiff's statement and asks: "Justin, where are you from?" m. At 03:25 - 03:26, Plaintiff says "I'm from Omaha, Nebraska, born and raised." n. At 3:27 - 3:28, Harkrider responds "Nebraska, ok." 32 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 33 of 103 o. At 03:32-03:35, an inaudible conversation is able to be heard between Officer Andrew LNU and another officer as Harkrider can be heard typing. During the exchange,one officer can be heard saying the word "roommate." p. At 03:35-03:40,prompted by the mention of roommate,Plaintiff says: "The roommate can verify he was on top of me attacking me when he came into the room." q. At 3:44 -3:48, the aggressor can be heard manically and incoherently yelling in the background. r. At 04:01 - 04:04, after no audible conversation, Plaintiff spontaneously says "I'm the only one that shows signs of visible assault." s. Harkrider remains silent and does not respond to Plaintiff's statement as he continues type on the computer.15 t. At 04:27-04:32,Harkrider breaks the silence,"What was your address in Nebraska?" Plaintiff gives his Nebraska address. u. At 04:42 - 04:56 Harkrider asks "Justin what's a good phone number for you?" Plaintiff provides his phone number. ., 1,�, FEB 2 4 2021 City Clerk i „a City, Iowa 15 One can infer Harkrider is actively completing the complaint and affidavit as Plaintiff continues to make exculpatory statements to no avail. 33 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 34 of 103 , v. At 05:00, typing by Harkrider, which be heard throughout the audio clip, abruptly stops and he says "Ok." w. At 5:06 - 5:09, Harkrider says, "I would like to take you out of those handcuffs and talk to you a little bit more." Plaintiff responds"mhm." x. At 5:23, while Harkrider is getting out of the vehicle, the aggressor can be heard loudly exclaiming: "I'm too old for this shit," before letting out a primal wale. y. At 06:15-06:19,Harkrider asks"Who is that guy." Plaintiff responds: L"He's a friend of mine." Harkrider asks his name and P tff .�„ provides the aggressors name. UL.. : FEB 2 4 2021 z. At 06:26 Plaintiff asks: "Am I free to leave?" Harkrider responds.inuity Clerk the negative, and Plaintiff then ceases the dialogue. Iowa City, Iowa aa.At 06:45 until the abrupt end of the redacted clip at 7:01, an unidentified officer can be heard saying: "According to [the aggressor], these two have had kind of a relationship of sorts um and...as far as how he gained entry tonight I'm not sure of yet." 108. The dash camera footage provided by Defendant City in file Car82#2, is twelve minutes and thirty-nine seconds (12:39). The filename indicates that the device is from Harkrider's cruiser,in which Plaintiff was detained. File Car82#2 shows: a. At 00:21,Harkrider is heard saying"I'm not going to do a domestic." 34 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 35 of 103 b. At 00:22, Officer Andrew LNU is heard saying "No, no." c. At 00:23 - 00:27, Harkrider continues: "They broke up four days ago, it would already be kinda questionable." d. At 00:29 - 00:34, Andrew LNU says, "Did we ever talk about that? You can't charge somebody with a domestic just because they were in a relationship if not living together." e. At 00:34 - 00:44, Harkrider says to Andrew LNU: "Well, but what do you define as living together? If he is here half the time. I don't know, either way it's no longer in question."16 f. At 00:45, in agreeance with Harkrider's position on charges, Andrew LNU responds: "Yeah." g. At 00:47, Harkrider says to Plaintiff: "Sir." FEB 2 4 2021 City Clerk h. At 00:48, Plaintiff, who is seated and handcuffed in the patliafetiity, Iowa responds: "Yes Sir." i. At 00:49, Harkrider says: "Found ten 100-dollar-bills on the floor." j. At 00:50, Plaintiff,having informed the officers of the aggressor's plot to extort money, responds: "Exactly." k. At 00:52, Harkrider says "I'll put those in your pocket." 16 This is the moment Harkrider, in concert with Defendant Andrew LNU—after virtually no investigation in any meaningful sense—decided to ignore any evidence that did not align to their perversely concocted version of events. 35 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 36 of 103 1. At 1:00, despite Plaintiff having made numerous statements, Harkrider finally asks Plaintiff: "Would you like to talk at all?" m. At 1:02, Plaintiff responds: "Hang on, listen. I ate in the home, to show I was in the home lawfully. You can see the boxes of what I ate on the floor upstairs as well. I ate at Darling Dumplings, that's a restaurant off of Iowa street to verify I was in the home, my [car] door is open because I was leaving the home and all I had was less my keys. Let all that be documented. Let the record reflect plea e: hope your body cam is on." FEB 2 4 2021 n. At 1:26, Harkrider responds: "It is." City Clerk v'3 City, Iowa o. At 1:27, Plaintiff continues: I am the only one to show [injuries]. p. At 1:28,-1:29,Harkrider cuts Plaintiff off mid-sentence and asks: "Did you want to talk or not?" q. At 1:30, Plaintiff responds: "Yeah, we can talk." r. At 1:30 - 1:33, Harkrider begins administering the Miranda warning to Plaintiff.17 s. At 1:33, Plaintiff cuts Harkrider off: "Then I do not want to talk." t. At 1:36 -01:38,Harkrider laughs and shuts the cruiser door as he asks another officer: "Did you hear that?" 17 Plaintiff was never advised the reason for arrest at the time of arrest. 36 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 37 of 103 u. At 01:46 - 01:55, Harkrider continues: "He dropped the money, so I went and put it in his pocket for him and he starts telling me a million things. I'm like,wait, wait,wait, wait: do you want to talk or not? [He says] 'Yeah' and I get like a sentence into the Miranda Warning he's like 'I'm not talking to you." Officer Harkrider laughs again. v. At 4:06, Harkrider says: "Hey Andy! I'm sorry can you do me one favor. Can you take a photograph [the aggressor's] scratch on his neck? Please and just text it to me." Andrew LNU responds "Yep." w. At 4:18 Harkrider continues: "So you are under arrest and I'm going to take you to jail on charges of burglary second." x. For much of the clip, instead of performing any semblance of an investigation, Harkrider is heard typing, in all likelihood, his fabricated report and affidavit. 109.The dash camera footage provided by Defendant City in file Car82#3 is twenty-two minutes and twenty seconds (22:20). The footage is a forward- facing perspective from inside Harkrider's cruiser in which Plaintiff was detained. The redacted dash camera footage shows: a. At 2:11 - 2:16, a cruiser pulls next to Harkrider's window, and Harkrider states "Hello Andrew, did you bring me a Polaroid?" Defendant Andrew LNU returns the salutation and responds,"I did." FEB 2 4 2021 37 City Clerk Iowa City, Iowa Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 38 of 103 b. At 2:18 - 2:40 Harkrider laughs and says "Those are like corning back. Have you seen'em,you can buy like-you can buy like one of those one use Polaroid...I wonder what they would do if you took some of them and threw'em in the evidence drawer-evidence file. c. At 2:50, after some inaudible chatter, Harkrider states: "So burg, sec [burglary second degree]," d. Harkrider and Andrew LNU spend much of the clip discussing how to charge Plaintiff and make no mention of any investigation or follow-up. e. At 6:51,Andrew LNU refers to "that little scratch,"which formed the basis of the charges against Plaintiff. f. Disregarding all evidence that did not fit their manufactured narrative, Harkrider even recites statements from the aggressor`that were later used in the report. 6 FEB 2 4 2021 g. At 7:58, after Andrew LNU states "I'm thinking first." City Clerk h. At 7:59, Harkrider responds: "Yeah, I'm doing first." Iowa City, Iowa i. At 8:40-9:56,Defendant Officers discuss Harkrider's desire to switch to dayshift, his family, and his impending five-week vacation that was set to begin at the end of his shift. j. At 9:57,Harkrider says:"So we just decided the three calls or the three charges." Andrew LNU responds in the affirmative. 38 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 39 of 103 k. At 10:00 - 10:15, Harkrider continues: "I'm not interested in like tacking on a whole bunch of stupid charges that don't fit, you know, well, I mean obviously, you couldn't charge him with something that doesn't fit. I mean, like-like trespass and stuff, I'm just want to make sure I'm not missing anything that I need to charge him with." 1. At 10:15-10:16,Andrew LNU responds:"I think it's lesser included." 110. Body camera footage provided by Defendant City, file BWC67#3, is six minutes long. The redacted footage begins by Plaintiff being taken out the patrol car by Harkrider and escorted into the front of Johnson County jail. The video ends with Plaintiff's custody being transferred to Johnson County deputies. File BWC63#3 shows: �� F a. At 00:16 - 00:17, an abrasion can be observed on the right sFe 2021 C :y Clerk Plaintiffs face while exiting the patrol car. City, Iowa b. At 00:32 - 00:34 Plaintiff asks Harkrider "Can you please take a picture of my face please? c. At 00:34 - 00:35,just before entering the jail, Harkrider asks Plaintiff: "Yeah, are you injured somewhere?" d. At 00:36, Plaintiff coherently and matter-of-factly responds: "Yes I am. I told you that originally." e. At 1:25 - 1:29, after entering the jail, Harkrider asks Plaintiff: "Where are you injured at? Can you tell me?" 39 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 40 of 103 711 f. At 1:30 Plaintiff responds: "My forehead." FEB 2 4 2021 g. At 1:31, Harkrider says: "Your forehead?" City Clerk Iowa City, Iowa h. At 1:33, Plaintiff responds "Correct, and my neck." i. At 1:37 - 1:38, Harkrider says: "Ok, I'm not seeing anything, but I'll take pictures though regardless." j. At 1:37, Plaintiff responds: "Thank you." k. No Iowa City police officer or deputy ever took pictures of Plaintiff's injuries that were recorded in any documentation. 1. At 01:48 - 1:50, an abrasion can be observed on the side of Plaintiff's face, although partially obscured by Plaintiff's hair. m. At 1:50-1:52,Harkrider asks Plaintiff: "I know you're handcuffed but can you kind of brush your hair out of the way a little bit?" n. Plaintiff shakes his head in a pathetic attempt to accommodate the officer's request to no avail. o. At 1:54 - 1:57, noticing the failed effort, Harkrider uses his index- finger to move the hair from the side of Plaintiff's head to reveal a golf-ball sized abrasion. Despite the grainy footage, the wound is clearly fresh, bloodshot red, and inflamed. p. At 1:55 - 1:57, Officer Harkrider says "Actually, there's kind of an abrasion." 40 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 41 of 103 q. At 1:58 - 02:03, Plaintiff responds "Yep and can you pull my collar FEB 2 4 2021 down because a lot of it is obstructed by my collar and tie." City Clerk r. At 2:04-2: 06,Harkrider says"Yeah",and Plaintiff responds, "Thank Iowa City, Iowa you." s. At 2:07 - 2:09, as the elevator door opens and Plaintiff's neck injuries are examined for the first time, Harkrider jokes "Sorry, we're getting dressed." t. As Harkrider escorts Plaintiff into the jail he states: "Actually it will be burglary first, I have been reviewing the code." u. A Johnson County deputy remarks,almost disbelief: "Apparently it's going to be burglary in the first degree." v. No injuries were ever recorded in any of the three combined complaints and affidavits published by Harkrider, in concert with Defendant Andrew LNU. 111.Throughout the redacted footage provided by Defendant City,the aggressor can be heard manically laughing, shouting, cursing, and abruptly changing his account. 112.In the footage, the aggressor shows blatant signs of inconsistency in his statement of events and his behavior exhibited symptoms of mental instability or being in the midst of a manic episode. Despite their prior 41 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 42 of 103 knowledge and the circumstances, Defendant Officers never assessed the aggressor for mental illness or offered to seek crisis intervention services. The Aggressor's Relationship with Defendants 113. Defendant Officers both personally knew of the aggressor's violent history. 114. In footage provided by Defendant City, Andrew LNU stated to Harkrider that he headed to the scene after he "heard the address." 115.On July 27, 2015, Defendant Iowa City officers responded to a scene where it was determined the aggressor filed a false report and was "taken into custody for misuse of 911." The officer's narrative is five paragraphs. 116.On September 11, 2016, University Heights Iowa18 police records show the aggressor was involved in a vicious assault that led to a charge of domestic abuse.19 The aggressor ultimately pleaded guilty to a lesser charge. In addition to the "incident and arrest report" narrative, the University Heights eleven-page report for the non-felonious crime also includes photographs and a witness statement in addition to the sections: "further questiing [sic]," "follow up," "warrant request," and "recent changes." The , FEB 2 4 2021 18 University Heights, Iowa is a municipality entirely within the city limits of Iowa City, Iowa that has a population of 13,025. The municipality was Coil Clerk IOWa City Iowa established in 1935. The budget for the police department was $496, 867 https://dom.iowa.gov/sites/default/files/documents/2018/08/UNIVERSITY HEIGHTS19.pdf. 19 State of Iowa v. Hood, SRCR113146 (2016). 42 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 43 of 103 report is complete with body diagrams depicting the placement of injuries. The report and charging documents show: a. Officers arrived at 19:50 hours and [the victim] stated he had a physical altercation with his ex-partner. After being locked out, [the ,--__T,, aggressor] returned to the victim's home with a key. FEB 2 4 2021 b. The arresting officer wrote: City Clerk Iowa City, Iowa [The aggressor and the victim] began fighting in the living room...[the aggressor] had grabbed [the victim] by the handle of the backpack he was wearing as [the victim] tried to leave. [The victim] attempted to flee the apartment but [the aggressor] grabbed the handle of the [victim's] backpack and pulled him away from the front door. [The victim] stated that [the aggressor] let his bag go and he attempted to flee through the window...but [the aggressor] had put his foot in the door and broke the bottom hinge. [The aggressor] then forced the door open. When [the aggressor] forced the door open, [the victim] was knocked to the floor at the foot of the bed. [The aggressor] grabbed [the victim's] penis. [The victim] bit him in an attempt to get [the aggressor] to release. [The aggressor] released [the victim's] penis and kicked him several times in the side. [The aggressor] also struck [the victim] with an empty bleach bottle. While [the aggressor] was in the kitchen shouting, [the victim] ran into the bathroom and secured the door...[The victim] dialed 911, gave the address and ended the call. [The aggressor] was able to gain entry into the bathroom and lunged at [the victim], attempting to take the phone, causing [the victim] to fall against the shower. [The aggressor] left the bathroom and [the victim] heard what he believed was the front door open and close. c. The "follow-up" section reads: I returned to Mercy Hospital and asked if [the victim] was willing to give a written statement. I provided [the victim] with voluntary statement forms and told him I would meet him 43 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 44 of 103 at his residence so I could photograph the scene. I met [the victim] at his apartment after he was released from the hospital Dand photographed where to [sic] altercation had occurred, 41.� these photos are included with this report. I noted that the door FEB 2 4 2021 of [in the home] did have a broken hinge consistent with [the victim's] statements. I noted that there was no damage to the City Clerk bathroom door or the top vanity drawer, inconsistent with [the Iowa City, Iowa aggressor] forcing door open. [Victim] could not explain further how [the aggressor] was able to open the bathroom door. d. In the "warrant request" section of the incident and arrest report the officer wrote: "Based on [the victim's] statement of the events, the interment [sic] relationship between [the victim and the aggressor] and the injuries sustained. I formed the opinion [the aggressor] had assaulted [the victim] and therefore violated 708.2(A)(2)(b) Domestic assault with injury. I therefore submitted a request for a warrant for [the aggressor's] arrest." (emphasis added) 117. On October 10, 2016, University Heights police records show the aggressor was charged with violating a no contact or protective order that was put in place due to the violent domestic assault perpetrated the month prior. a. The report states: On October 6, 2016, I received a call to respond to the addresses [sic] of 5000 Grandview Ct. in response to multiple 911 calls from that address. This address is well known to law enforcement as it has been the scene of multiple domestic violent crimes and violations of No Contact Orders (NCO). The resident...has a current no contact order against [the aggressor]. I arrived on the scene and met with Iowa City Officer Kiel Fuchs. We attempted to make contact at 500 44 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 45 of 103 Grandview Ct. by knocking on the door. No one answered. Chief Stanley arrived as Iowa City Officer Jessica Bonnerna located [the aggressor]. She located [the aggressor] in front...I confirmed with dispatch that there was a valid NCO against [the aggressor] and immediately took him into custody. Upon contact with [the aggressor], I placed him in handcuffs. Officer L., -D Bonnerna advised [the aggressor] of his Miranda rights, who indicated he understood. [The aggressor] spontaneously stated FEB 2 4 2021 the he had had no contact with [the victim] but was currently living in the unit...[the aggressor] asked why he was being City Clerk arrested and when I told him for violation of NCO, [the Iowa City, Iowa aggressor] laughed and said nothing would happen to him,just like all the times before. I transported [the aggressor] the the [sic] Johnson County Jail where he was booked on a charge of Iowa Code 664A.7(5) Violation No Contact Order. b. Under the section entitled "Conclusions and Recommendations" the officer wrote: I recommend the County Attorney prosecute [the aggressor] for the above mentioned charge. [The aggressor] is a habitual violator of the NCOs as he has been arrested for either domestic violence or violation of the NCO several times (approximately SIX times) by the University Heights Police Dept. At 4:30 to 5:30 AM, [the aggressor] was within 100 feet of the apartment that he has been ordered to stay away from. This is not coincidence. 118. On July 25, 2018, approximately a year before the arrest—Defendant Harkrider began a nine-day investigation into a theft in the fifth degree of a wallet—reported by none other than the aggressor at the very address where Plaintiff was ultimately arrested. The incident or police report written by Harkrider is three pages and approximately seven paragraphs. 45 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 46 of 103 a. Although the call for service provided by Defendant City shows Harkrider arrived at the scene at 0309 and left at 0317—the incident was not recorded in the report until three days later. b. In the first narrative by Harkrider dated "07/27/2018" he wrote: On 7/25/18 at approximately 0309, I was approached by [the aggressor] who stated his wallet had been stolen. [The aggressor] stated his wallet was in his apartment and that after a short, unannounced, visit from (redacted) it was gone. [The aggressor] stated he does not know (redacted) well and that he felt it was very likely he stole his wallet. [The aggressor] stated his debit card had been used at El Pas (601 Hollywood Blvd) at 1734 in the amount of $6.36 and again at the Southside Liquor , (601 Hollywood Blvd) at 1740 in the amount of$3.15. On 7/26/18, I went to both businesses to request video. FEB 2 4 2021 At El Paso, I was met with language and technological barriers. City Clerk The employee on scene was able to communicate to me that I loge City, Iowa would have better luck after 1800 the following day with his daughter who would be working. I have made arrangements for Officer Roling to stop by and attempt to get video for me. At Southside, I was able to view video. At the time of 1740 (redacted) a white female with blonde hair makes a purchase and pays with a card. The employee working said he remember her coming in and that she got 3 black and milds, which are $0.99 each; $3.15 with tax. I will wait for video from El Paso and compare the suspects prior to following up with the victim. c. The second narrative by Harkrider dated "08/01/2018" he wrote: "Video stills have been collected from the two locations mentioned in my prior report. The persons in the two videos are clearly not the same person. I have contacted [the aggressor] to the PD to view the stills. Still under investigation." 46 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 47 of 103 d. In the third and final narrative by Harkrider dated "08/02/2018" he wrote: rLJTTD Officer rolling was able to get a screen shot of the subject using the card at El Paso. The quality is very poor, but it FEB 2 4 2021 appears to be a stocky black male in black clothing. On 8/1/18 I met with [the aggressor] at his residence, 830 Hudson. I Ciy Clerk 'oa Ci wty, iI.owa showed him the two screen-shots of surveillance and he was unable to ID either subject. He agreed that the male suspect making the purchase at El Paso was heavier than (redacted). [The aggressor] then informed me that he confronted (redacted) about his wallet the night of 7/30/18 while they were both at his neighbors [sic] house, [address]. According to [the aggressor], (redacted) stated he did not steal the wallet but that he found it. [The aggressor] said he no longer had it and then left in a maroon vehicle. [The aggressor] stated (redacted) is staying in a house on Giblin. I located a previous call where officers attempted to locate (redacted) at[address] ((redacted)has an active warrant). I made contact with the residents who stated they haven't' heard from (redacted) in weeks and that they told officers that last week. The only other recent address I could find for (redacted) was [address]. I attempted contact there and received no answer. A neighbor who saw me in the hallway stated a young female lives in #7 with her kids. I asked if she ever sees a young black male entering or exiting the apartment and she said no. The quality of the video available is unhelpful in identifying potential suspects. If (redacted) is located, I will attempt to interview him about the wallet. 119.On Saturday, February 2, 2019, the aggressor was taken into custody following a violent assault. The arresting officers report stated: "At approximately 7:43PM, the Iowa City Police Department was called to 830 Hudson Ave for a domestic disturbance. An investigation determined the defendant, [the aggressor], had an altercation with a long-time live-in 47 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 48 of 103 partner. [The aggressor] busted in a bedroom door causing damage, tore off a bathroom handle and threw a chair at the victim hitting the victim in the back of the legs." FEB 2 4 2021 `! Clerk 120.When Plaintiff was questioned by defense counsel as to possible reason City, Iowa the overtly biased or otherwise intentionally failed investigation, Plaintiff informed counsel that the aggressor stated he once sodomized an officer that responded to a previous call for service. On or about the evening of July 7, 2019, as the aggressor was riding in Plaintiff's car, he pointed to an officer for Defendant City that was in an adjacent patrol vehicle idling at a stop sign. The aggressor stated that during a previous call for service, the unknown officer allegedly told the aggressor that he was "too smart for this," and he could "just make it go away." The aggressor described being ushered to a back room in the home where the officer facilitated being anal penetrated by the aggressor. The sodomized officer was said to have presented at the scene with a partner, but the partner was not present for the sexual act.20 Defendant Harkrider's Admissions 121. In 2018, Defendant Michael Harkrider gave a wide-ranging interview (hereinafter "Nebbe Interview") to Iowa Public Radio reporter Charity 20 Plaintiff waives attorney-client privilege for strictly the limited purpose of corroborating whether the instant allegation was relayed to defense counsel. 48 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 49 of 103 Nebbe (hereinafter "reporter Nebbe") during a ride along. The edited interview is sixteen minutes and twenty-three seconds long (16:23). The interview shows: a. At 00:12, reporter Nebbe begins the interview asking: "What do you think is the most challenging thing about working nights?" b. At 00:18, in acknowledging a caffeine reliance and the physiological struggle with working nights, Harkrider admits: "It's definitely the sleep. I've found a way to make, uh, my sleeping as best as it can be and it's still a very unhealthy lifestyle. Urn I'm not the kind of person to be against caffeine. I drink it a lot, but I also am aware that it's, that it's not great for me and the being up at night,you get use to it,but it's certainly, your body never acknowledges that it's natural, it's not natural to be up all night and going to bed at eight in the morning." c. At 00:53,reporter Nebbe asks, "Something that we've talked about on the program several times in the last couple of years is need for mental healthcare in Iowa and how the police end up really playing an active role in mental healthcare. How does that play into your life on the night shift? L FEB 2 4 nil d. At 1:18, Harkrider admits: City Clerk "I mean it, big time. The hours can make it tough to find--vja City, Iona resources. Not every resource is 24 7,there are a lot of resources that are 24/7 but certainly not all of them. Urn as far as the nightshift focus would go, I would say one of the things I love about it is,Because we're not always as busy as other shifts,um, you can really spend the time that it takes to,to get the outcome 49 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 50 of 103 you're looking for when you do get called to be a part of someone's life in that crisis." e. At 1:50, reporter Nebbe "Can you give me an example, I don't want you to violate anybody's confidentiality, but can you give me an example of a time you've had to put that crisis intervention training into action?" Ir a J f. At 2:03, Harkrider admits: FEB 2 4 2021 City Clerk I'd honestly say nightly. Urn Everyone is different, but 31 city, Iowa everyone really needs to be understood and the communication, I mean communication is huge. And I've watched officers who let-let people's, you know, who are way up here and hyped and screaming and upset about something that to a person behaving rationally and-and not in a crisis would have no reason to be behaving that way about it or be upset about, just to hear them out and to have the ability to communicate patiently and I guess de-escalate...A person I met not too long ago had been telling his live-in ex-girlfriend. They moved in together because they were dating, they broke up, because the financial situation couldn't separate. He was suffering from depression and was suicidal at times. Well he had made comments about,about killing himself that night and so she called us cause she was concerned. And when we got there he had downplayed it greatly, had no interest in going anywhere, said 'I'm fine,' you know. He didn't want to go to the hospital. I felt on multiple levels he would,I mean,sincerely I felt he should go to the hospital because of his statements because of his thoughts of suicide, but also, unfortunately liability reasons exist as well. Urn and I talked to him, I don't know, upwards of an hour, tried all sorts of different angles. Urn and he kept-he kept saying he couldn't go because he was hungry and didn't want to be stuck in the ER all night and because he said he didn't feel like he should have to go. And I finally went through the angle of explaining everything I was hearing back to him and then kind of put it on him of the situation he was putting me in...Just imagine how mike,me...is 50 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 51 of 103 going to feel leaving here tonight wondering the rest of my shift and maybe even into tomorrow like what's going to happen to you if I just leave you here in this situation and I could tell I finally reached him somehow...and he finally agreed to go with me...it's pretty incredible to be involved in someone's life like that for just that moment. g. At 4:56, reporter Nebbe asks: "But it sounds like you really felt like you helped him." { , h. At 4:58, Harkrider admits: FEB 2 4 WI It felt like I did: I hope I did. Um it's really unfortunately '`��'Y, Iowa that you can't do as much as you want to do sometimes. Umerk but it felt like I did. I felt like if nothing else, I helped, I helped him on that night. I don't know if I turned his life around or not. i. At 5:29, Harkrider continued to admit: I know every, as a kid growing up in Waterloo, every little interaction with a law enforcement I ever had,I remember to this day. And that's a, that's a big, that's a big responsibility to, to carry, to know that, you know, a dozen times a night you're going to interact with somebody, and you're gonna, other than the major ones, you're gonna forget about it by tomorrow. They're going to remember it. They're going to talk about it with their friends, they're gonna talk about it on social media, whatever they're gonna do with it they're not going to keep it to themselves good or bad. j. At 6:03, reporter Nebbe asks: Obviously, there are people in our community who are more nervous about interaction with law enforcement than others. And of course there has been a lot of racial tension with law enforcement. A lot of reports of police violence 51 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 52 of 103 specifically targeting Black people,or you know,other people of color so in your interactions with the public, how do you think about that? 1 k. At 6:37, Harkrider admits: FEB 2 4 2011 You feel it, you certainly feel it. Some, sometimes you'll get individuals who are flying that flag out of a defense City Clerk mechanism and there are people who legitimately believe that i0w° City, Iowa or feel that. It doesn't really come into my mind until it is pointed out by someone else, you know. If I'm-if I'm investigating a crime and talking to someone and they make the allegation of 'aw if I were white you wouldn't be doing this,' and then I-I, I try to as politely as possible shut that down. Say nope these are the facts I was provided with and you're here and XYZ lead me to believe you're a person I should be talking to about what I am investigating.Urn if you, if it is a-a black gentleman or woman, well the description that was provided to me by the witness said it was a black male in a gray shirt, or just you know whatever the case may be. And I say it is unfortunate that if you are an innocent person involved in something like that. I mean that does, it does, that does suck to have the cops stop you and talk to you about why you're here, what you're doing. I mean-and I, another thing I like to point out to people, and this is truth, this is sincere: I'd rather have you frustrated with me over investigating a crime that I'm investigating and-and wasting a few minutes of your time, then, I'd rather live with that than with, well I don't want to piss this guy off, it might be the dude we're looking but I certainly wouldn't want him mad at me if he's not. And then ignoring it and then finding out I let someone's attacker get away because I didn't want the negative interaction, you know, I would much rather live with someone being frustrated with me than not doing my job. 1. At 8:31, when asked a follow-up question, prefaced with: "Mostly, you're on the quieter side of town." Harkrider did not object to the characterization of working the"quieter side of town" in his response. 52 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 53 of 103 m. At 10:12, in response reporter Nebbe's question on coping with the stress of the job, and Harkrider admits: Part of our, um, CIT training that we've brought back to '° Iowa City, and the part-the portion of it I've been most FEB p 4 2 021 passionate about is officer self-care and officer wellness. Cause that's certainly almost a taboo topic, you got into this job so City Clerk why would you possibly need any help, why would you need ''7va City, Iowa to-to have someone help you process things like that or process fear or process the sleep disorders we develop and the things like that. n. At 12:55 while in route to a call that comes over the radio during the ride along, Harkrider states: So, an officer that's on the domestic advised that the additional units who are coming step it up, that means like hurry up and get here. Um, there is another officer that is showing up there already, so they have two there right now. And we a-we're not very close, but no one else was answering, so I let them know we're going to go. And this is going to be kind of a long drive for us but unless someone's closer it's going to be on us to get there and help. o. In describing the scene, report Nebbe states: "there are two other police vehicles at the scene as well. The officers have just brought a suspect out of the apartment building. They are putting him in the backseat of one of the vehicles." p. At 13:56, Harkrider admits: So,this is a domestic dispute,it's somewhat similar to the urn, the instance that I was telling you about last night. Um in this instance the female has some very obvious injuries.She will not tell us how it happened, doesn't want to talk to us about it. So um, she probably understands that could get him in trouble, 53 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 54 of 103 is probably why she doesn't want to talk about it. But he's being a little more open about it, telling us what happened and uh, how he feels it happened. Urn because they got into a physical altercation where someone got injured, uh, we have to-it'd really be hard to explain why we didn't arrest someone. And then you have to kinda determine who was the primary aggressor is how you make that decision, and that person should be arrested according to the state law. V. CAUSES OF ACTION 122.When "exertion of state power has overridden rights secured by the Constitution, the subject is necessarily one for judicial inquiry in an appropriate proceeding directed against the individuals charged with the transgression."21 Once a person is "damaged by outrageous police conduct but the resulting injury does not neatly fit within a specific constitutional remedy, the injured party may, depending upon the circumstances, pursue a substantive due process claim under section 1983."22 FEB 2 4 2021 City Clerk Iowa City, Iowa 21 Sterling v. Constantin, 287 U.S. 386, 398 (1932). 22 Moran v. Clarke, 296 F.3d 639, 646-48 (8th Cir. 2002) (en banc) (denied qualified immunity where substantive due process claim was based on evidence that investigators "purposely ignored" exculpatory evidence and manufactured evidence). 54 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 55 of 103 COUNT I FEB 2 4 2021 City] Clerk CONSPIRACY FAILURE TO INVESTIGATE IN SUBSTATIVE DUE ,,�a City, Iowa PROCESS VIOLATION OF THE FOURTEENTH AMENDMENT AGAINST MICHAEL HARKRIDER AND ANDREW LNU COGNIZABLE UNDER 42 U.S.C. 1983 For this cause of action against Defendants Michael Harkrider and Andrew LNU in Count I, Plaintiff states: 123. By this reference Plaintiff incorporates paragraphs 1 through 122 as though fully set forth herein. 124.The Fourteenth Amendment protects one's interest in obtaining a fair criminal proceeding, and law enforcement officers, like prosecutors, have a responsibility to criminal defendants to conduct their investigations and prosecutions fairly in line with the Brady line of cases.23 To establish a constitutional violation based on an inadequate investigation, a plaintiff must show that "failure to investigate was intentional or reckless, thereby shocking the conscience."24 The Eight Circuit has held that "circumstances indicate reckless or intentional failure to investigate that shocks the conscience: (1) evidence that the state actor attempted to coerce or threaten the defendant, (2) evidence that investigators purposefully ignored 23 Wilson v. Lawerence County, 260 F.3d 948, 957 (8th Cir. 2008) (denied qualified immunity in holding "If [defendant's] evidence proves credible at trial, a failure to investigate these other leads could easily be described as reckless or intentional."); infra Count V. 24 Brockinton v. City of Sherwood, 503 F.3d 669, 672 (8th Cir. 2007). 55 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 56 of 103 evidence suggesting the defendant's innocence, (3) evidence of systematic pressure to implicate the defendant in the face of contrary evidence."25 While Iowa law requires a showing of"actual malice or willful, wanton and reckless misconduct," to hold municipal employees liable26—in the absence of exigent circumstances, "an officer who unreasonably fails to investigate an incident sufficiently before arresting a suspect is not entitled to qualified immunity."27 For a prima facie "conspiracy claim, a plaintiff must show: (1) that the defendant conspired with others to deprive him of constitutional rights; (2) that at least one of the alleged coconspirators engaged in an overt act in furtherance of the conspiracy; and (3) that the overt act injured the plaintiff."28 FEB 2 4 2021 125.Defendants Harkrider and Andrew LNU, through their conduct and Ci;j Clerk communication, conspired to intentionally deprive Plaintiff of an adequate" City, Iowa investigation. 126. Defendant Harkrider's prior conduct and his very own admissions show his knowledge and ability as relates to conducting a proper investigation— specifically regarding domestic violence cases. Defendant Harkrider 25 Akins v. Epperly, 588 F.3d 1180, 1184 (8th Cir. 2009). 26 Iowa 670.12 27 Amrine v. Brooks, 52 F.3d 826, 832-33 (8th Cir. 2008). 28 White v. McKinley, 519 F.3d 806, 814. (8th Cir. 2008) (citing Askew v. Millerd, 191 F.3d 955, 957 (8th Cir. 1999). 56 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 57 of 103 conducted a nine-day and in-depth investigation into the petty fifth-degree theft of a wallet but failed to take any of those same investigatory steps during the course of the investigation into Plaintiff's arrest for one of the most serious crimes under Iowa law. 127. Defendant Harkrider admitted knowing the importance of communication during an investigation during the Nebbe interview. a ) 128.Defendant Harkrider s previous reports on lesser offenses show that FEB 2 4 2021 City Clerk Harkrider is aware of the importance of suspect admissions or lowa City, Iowa spontaneous utterances with regard to their inclusion in arrest affidavits. 129.Defendant Harkrider is aware, through training and personal experience as a police officer, that prosecutors rely on officers' combined affidavits and complaints in the filling of charging documents. 130.Defendant Harkrider was trained on, and Defendant City policy dictates, how to conduct an adequate investigation, including how to classify domestic disputes, information that must be contained within a report or affidavit, and procedures on the types of photographs that must be taken. 131.In evidence provided by Defendant City, Defendants Harkrider and Andrew LNU are heard agreeing to upgrade a charge against Plaintiff that was contrary to reliable evidence presented at the scene of the arrest. 132.In furtherance of their conspiracy, Defendants Harkrider and Andrew LNU deliberately failed to spend any time actively investigating the crimes 57 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 58 of 103 that were charged. In fact, Defendant Officers sat in their patrol cruisers joking, discussing vacation and the possibility of switching to day-shift rather than securing video footage from a restaurant a few miles away that would have corroborated Plaintiff's account and refuted the aggressor's timeline. 133.In furtherance of their conspiracy, Defendant Harkrider committed an overt act when he knowingly manufactured a fabricated statement in a sworn combined arrest affidavit and complaint filed with the Johnsonho . _a f County court. FEB 2 4 2021 134. In furtherance of their conspiracy, Defendant Harkrider committed an, Cd'J Clerk Iowa City, Iowa overt act when he knowingly omitted exculpatory statements in a sworn combined arrest affidavit and complaint filed with the Johnson County court. 135.There was less than one hour from the arrival of Defendant Officers at the scene to Plaintiff entering the Johnson County Jail on a charge of serious felony. 136. Recordings show Defendant Officers spent more time debating how to perversely interprate the law to trump up charges against Plaintiff than they did investigating. 137.During the conspiracy, Defendants Harkrider and Andrew LNU used their authority to coerce Plaintiff when they: 58 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 59 of 103 a. Immediately handcuffed Plaintiff and only agreed to uncuff Plaintiff in exchange for submission to questioning. b. Never ascertained Plaintiff as a safety threat, which was the sole reason given for handcuffing Plaintiff. c. Placed Plaintiff in the back of the patrol car and only agreed to remove Plaintiff in exchange for submission to questioning. d. Refused to respond or acknowledge Plaintiff's repeated attempts to inform Defendant Officers that Plaintiff had been assaulted. e. Forced Plaintiff into the Johnson County jail before ever examining Plaintiff for injuries. f. Forced Plaintiff to submit to the custody of Johnson County FEB 2 4 2021 deputies. City Clerk lows City, Iowa 138.During the conspiracy Defendant Officers purposefully ignored: a. Plaintiff's visible injuries and how the injuries were inconsistent with the aggressor's own account of Plaintiff not resisting the assault or "citizen's arrest." b. Plaintiff's statement that Plaintiff was actively leaving when attacked. c. Plaintiff's statement that Plaintiff had accidently left his car keys. d. Plaintiff's statement that the aggressor continued attacking despite no offensive moves by Plaintiff. 59 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 60 of 103 e. Plaintiff's statement that the aggressor attempted to extort Plaintiff when money fell out of Plaintiff's suit jacket. f. Plaintiff's statement that the aggressor intended to lie to officers. g. Plaintiff's statement that the aggressor suffered from mental illness. h. Plaintiff's statements that Plaintiff was a consistent overnight fixture at the residence. i. Plaintiff's statement that the aggressor yelled "citizen's arrest"77 7 r before beginning the unprovoked attack. j. Plaintiff's statements that the aggressor had previously been FEB 2 4 2021 Cconvicted of similar conduct. is Clerk lo�,r�a City, Iowa k. The implausibility of the aggressor's account that Plaintiff was caught jumping through a window in a three-piece suit with no signs of dirt or soot. 1. Plaintiff's statement that the roommate can attest that he witnessed Plaintiff being attacked. m. Statements by the roommate that Plaintiff and the aggressor arrived together. n. Physical evidence at the scene of the arrest indicating that Plaintiff had eaten there. o. Plaintiff's statement regarding a nearby restaurant. 60 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 61 of 103 p. University Heights police reports of the aggressor's history of domestic violence and violation of protection order. q. Plaintiff's statement that Plaintiff possessed exculpatory text messages. r. Potential statements by the supervisor or "boss" of the aggressor who presented at the scene yet went unquestioned despite the aggressor's sensational statement to Defendant Officers alleging being stalked by Plaintiff at the workplace.29 s. The aggressor's impaired credibility given the prior arrest for r ' " n L misuse of 911. FEB 2 4 2021 t. The lack of veracity of the aggressor given the inconsistent City Clerk Iowa City, Iowa statements given to Defendant Officers.30 u. The aggressor's expletive-laced outbursts and other spontaneous utterances. 139. During the conspired failed investigation, if Defendant Officers conducted an investigation that even remotely resembled the one conducted into the fifth-degree theft of aggressor's wallet, they could have easily discovered: 29 In audio recordings provided by Defendant City, Defendant Officers can be heard being informed by the aggressor at the time of the arrival of his boss at the scene of the arrest. 3o In redacted footage provided by Defendant City, the aggressor can be heard changing his account of events to Defendant Officers concerning the alleged conduct of Plaintiff. Defendant Officers did not document the inconsistencies. 61 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 62 of 103 a. The frequency of Plaintiff's presence at the residence via questioning the multiple roommates at the home. b. Injuries to Plaintiff's elbow and knee that were discovered upon changing into a Johnson County jail jumpsuit. c. Video footage from the restaurant visited by Plaintiff that refuted the aggressor's timeline of events. d. Witness statements from the employees of the restaurant visited by Plaintiff. e. Text messages in Plaintiff's device showing the aggressor was self- admittedly drunk and had just been given a ride by Plaintiff. f. Text messages in the aggressor's cellular device to Plaintiff immediately prior to the arrest. FEB 2 4 2021 g. Plaintiff's keys located upstairs. City Clerk h. Video footage from the aggressor's workplace. iev.,a City, Iowa i. Witness testimony from employees of the aggressor's workplace. j. The theft from Plaintiff's car that occurred at the aggressor's residence on the night of the arrest. k. The report filed by Plaintiff concerning the theft of Plaintiff's property on the night of the arrest. 1. The calls placed by the aggressor to the Plaintiff immediately prior to the arrest. 62 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 63 of 103 in. The aggressor sought psychiatric help and was admitted to an Iowa City hospital within hours of contact with officers. n. The aggressor's erratic unprovoked attack modus operandi, as alleged here, documented in University Heights Police and Defendant City records. 140. In furtherance of their conspiracy to falsely charge Plaintiff with a heinous felony, Defendant Officers alienated an abundance of evidence from Plaintiff by the failure to secure photographic,video, and witness testimony evidence. 141.In furtherance of their conspiracy to falsely charge Plaintiff with a heinous felony,Defendant Officers concealed an abundance of exculpatory evidence by the omission from Harkrider's complaint and affidavit that was drafted with express assistance of co-conspirator Andrew LNU. 142.Due to the sadistic conspiracy of Defendants Harkrider and Andrew LNU, Plaintiff was arrested, deprived of employment, publicly humiliated in the press, endured a months-long prosecution, and continues to suffer harm to Plaintiff's reputation. 143.If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. Th ' � �r ' T,r FEB 2 4 2021 City Clerk I0VJ3 City, Iowa 63 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 64 of 103 COUNT II FEB 2 4 2011 � prk FABRICATION OF EVIDENCE IN SUBSTANTIVE VIOLATION OF THE1/4;:t FOURTEETH AMENDMENT AGAINST DEFENDANT MICHAEL �' Iowa HARKRIDER COGNIZALBE 42 U.S.C. UNDER 1983 For this cause of action against Defendant Michael Harkrider in Count II, Plaintiff states: 144.By this reference Plaintiff incorporates paragraphs 1 through 143 as though fully set forth herein. 145. "A failure to investigate claim may be inextricably bound with a false evidence claim, where the Plaintiffs' theory is that investigators recognized deficiencies in a case and manufactured false evidence to fill those gaps."31 146.While "a minor discrepancy in the wording of an officer's statement is not sufficient,"32"the right to be free from a conviction [or charge] purposefully obtained by false evidence and false testimony has long been clearly established."33 147. In a combined complaint and affidavit charging a serious felony against Plaintiff, Defendant Harkrider purposefully—and with full knowledge of 31 Winslow v. Smith, 696 F.3d 721, 732 (8th Cir. 2012). 32 United States v. Coleman, 349 F.3d 1080, 1084 (8th Cir. 2003) (internal citation omitted). 33 White v. Smith, 696 F.3d 743, 755 (8th Cir. 2012), see also McGhee v. Pottawattamie County, 514 F.3d 741, 747-48 (8th Cir. 2008) (holding "We find immunity does not extend to the actions of County Attorney [or police officers] who violates a person's substantive due process rights by obtaining, manufacturing, coercing and fabricating evidence before filing formal charges."). 64 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 65 of 103 the legal consequences—swore to the statement: "Def refused to discuss C,- the details of the incident with officers." iawa City, a ,jai 148.A shocking wealth of video and audio evidence exists—provided by Defendant City—that unequivocally shows Harkrider's statement that"Def refused to discuss the details of the incident with officers," is patently false. The statement is an outright sadistically manufactured fabrication when assessed in the totality of the circumstances. 149.Defendant Harkrider's criminally perverse use of the justice system was both deliberate and conscience-shocking. 150. Defendant Harkrider intentionally filed the combined complaint and affidavit—that contained the outright fabrication—with the Johnson County court. 151.After publication with the court, the media foreseeably republished the fabrication across several outlets, which caused irreparable harm to Plaintiff's character. 152.Eight days following the initial publication by Defendant Harkrider, a Johnson County prosecutor also republished much of Defendant Harkrider's false and misleading affidavit when she filed the trial information charging Plaintiff with a serious felony. 153.If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. 65 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 66 of 103 COUNTS III & IV LIABILITY OF DEFENDANTS IOWA CITY AND POLICE CHIEF DUSTIN LISTON FOR THE CONSPIRACY FAILURE TO INVESTIGATE AND FABRICATION OF EVIDENCE COGNIZABLE UNDER 42 U.S.C. 1983 For these causes of action against Defendants Iowa City and Police Chief Dustin Liston in Counts III & IV, Plaintiff states: FEB 2 4 2021 154. By this reference Plaintiff incorporates paragraphs 1 through 153 as though Clerk Iowa City, Iowa fully set forth herein. 155.A section 1983 action is not only to receive compensation for past abuses, but also "to serve as a deterrent against future constitutional deprivations [as damages] levied against the city may encourage those in a policymaking position to institute internal rules and programs designed to minimize the likelihood of unintentional infringements on constitutional rights."34 156.Municipal liability can be established two ways: A single-event or "isolated incident" can give rise to municipal liability "where the violation is accompanied by a showing that the municipality had failed to train its employees to handle recurring situations presenting an obvious potential for such a violation."35 Secondly, a deliberate indifference claim asserting "municipal liability for failure to train may be proper where it can be shown 34 Owen v. Independence, 445 U.S. 624, 651 (1985) 35 Szabla v. City of Brooklyn Park, 486 F.3d 387, 393 (8th Cir. 2007) (holding "Supreme Court has not foreclosed the possibility that a single violation of constitutional rights could trigger municipal liability."). 66 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 67 of 103 that policymakers were aware of, and acquiesced in, a pattern of constitutional violations involving the exercise of police discretion," and attaches where "a deliberate choice to follow a course of action is made from among various alternatives by city policymakers.36 157. Municipal liability is established for Counts I & II as the isolated incidents demonstrate the need for training is apparent for performing proper investigations, racial bias, and the utilization of crisis intervention or de- escalation techniques for those with mental illness. Alternatively,municipal liability is established through Defendant City's indifference to a pattern of failing to investigate, over-charging, and fabricating evidence as relates to racial bias in profiling of Black men. 158. Defendant Iowa City's own data shows the Iowa City police officers disproportionately stop, search, cite, arrest, and jail Black Americans, specifically Black men, at higher rates. This disproportionate racial targeting is also conducted by special units such as ICPD's "Street Crime Action Team" or "SCAT" team. 159.Defendant City's data will show the predatory and aggressive over-policing tactics whereby once officers make stops, then they use their authority and [---1 el1 r ..... FEB 2 4 2021 36 City of Canton v. Harris, 489 U.S. 380, 390, 397 (1989). City Clerk Iowa City, Iowa 67 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 68 of 103 EB the system to justify charges by any means necessary with disregard for the 4 2021 City Clerk law. aCwa City, Iowa 160. Consequently, Johnson County prosecutors then overwhelming secure guilty pleas or lessen charges in exchange for guilty pleas against Black Americans, specifically Black men at disproportionally higher rates than any other population. 161.Upon knowledge and belief, in excess of 90% of Black American men who plead guilty that also qualify for indigent defense—request court-appointed or free representation. To wit, often based solely on a ICPD officer's report, laypeople with no wherewithal to afford zealous representation—who are at the whim of over-burdened and often disillusioned public defenders— are then coerced by the pressure of the system into pleading guilting. 162.Upon knowledge and belief, Defendant City does not require ICPD officers complete at least ten hours of training annually on racial bias. 163.Upon knowledge and belief, Defendant City does not require ICPD officers complete at least ten hours of training annually on the requisite reasonable suspicion required to make a stop or the probable cause necessary to make an arrest. 164.Upon knowledge and belief, Defendant City does not require ICPD officers complete at least twenty hours training annually on conducting a proper 68 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 69 of 103 -8 r Fa 2 4 2021 investigation, including at least four hours of training on the level of detail k louva required in complaints, affidavits, or reports. 165. Defendant City has not implemented programs to adequately address the disproportionate racial targeting and persecution of Black Americans within Iowa City which has resulted in a disproportionate rate of incarceration at both adult and juvenile cohorts. 166. Defendants Iowa City and Dustin Liston caused the constitutional violations suffered by Plaintiff by their deliberate indifference to the rights of the citizenry with whom Iowa City Police come in contact. 167.Defendant Iowa City has demonstrated—and continues—a custom and practice of unlawfully detaining citizens without requisite probable cause and fabricating affidavits. Specifically, Defendant Iowa City, under the direction of the chief policymaker Police Chief Dustin Liston, has a pattern or practice of fabricating affidavits and complaints, and performing intentionally failed investigations as relates to Black men. 168.In United States v. Kelly, eerily similar to the conduct as alleged here, an innocent "black man with dreadlocks" was stopped for jaywalking, tased by officers during the encounter, and arrested.37 A district judge of this Court wrote: "simply because the defendant was 'walking in a high crime 37 United States v. Kelly, 2020 U.S. Dist. LEXIS 1535431, 1-3 (So. Dist. Iowa). 69 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 70 of 103 precinct' in a neighborhood considered to be a violent 'hot spot'; wearing a long-sleeved sweatshirt on a'mild September afternoon' and'clutching the front area of his hoodie pocket with his right hand" that the arresting officer lacked a "particularized and objective basis" to perform the arrest.38 Upon review the of body camera footage, the district judge of this Court concluded: "Kelly's encounter with law enforcement on December 26, 2019, continues a long and unfortunate pattern of racial profiling and pretextual stops of Americans of color."39 169. Racial profiling resulted in the fabrication of complaints in both Kelly and here. Although Kelly concerns a Terry stop, the subsequent investigation or lack thereof—and not the stop itself—is evidence of the pattern.40 170.Defendant Harkrider admitted that he is unaware of racial bias and remains ignorant until the facts lay bare that he has acted inconsistent with evidence. 171.Defendants Iowa City and Dustin Liston have failed to effectively screen, train,supervise, discipline,or control the people it employs as police officers 5 \ with regard to racial bias. FEB 2 4 2021 City Clerk Iowa City, l owwva 38 Id. at 22. 39 Id. at 29. 4o Terry v. Ohio, 392 U.S. 1, 28 (holding "We cannot say [the officer's] decision at that point to seize Terry and pat his clothing for weapons was the product of a volatile or inventive imagination, or was undertaken simply as an act of harassment."). 70 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 71 of 103 172. Defendant City does not ensure ICPD officers perform a domestic violence assessment when officers are aware of a potential relationship between parties involved. FEB 2 4 202 173. Defendant City does not ensure ICPD officers perform mental health,; Clerk lovI3 City, Iowa screenings of parties involved in a call for service—even when officers are aware of past mental health challenges. 174. In addition, Defendant City is liable for the indifference to the pattern of failing to train officers to properly utilize crisis intervention techniques when responding to calls for service that involve persons in the midst of manic episodes. 175.Despite ICPD officers encountering disproportionately high rates of those with mental health challenges, Defendant City does not require ICPD officers complete at least ten hours of training annually on the utilization of crisis intervention or de-escalation techniques. 176.In the last two decades, the failure by Iowa City officers to utilize crisis intervention techniques—or request the presence of a mental health expert during a crisis—has resulted in death on multiple occasions either by suicide or at the hands of ICPD officers. 177.The aggressor's unaided crisis at the hands of Defendant Officers caused the aggressor to seek treatment that night after those summoned to help failed to do just that. 71 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 72 of 103 , 178.The aggressor's unaided crisis at the hands of Defendant Officers resulted in a fantastical narrative that was cherry-picked to serve as the basis for Plaintiff's charges. 179.As a direct result of Defendants' deliberate indifference, Plaintiff suffered damages. 180.If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. COUNT V FEB 2 4 2021 Ctr Clerk ALIENATION AND SUPRESSION OF EXCULPATORY EVIDENCE BRADY Iowa VIOLATIONS IN CONTRAVENTION OF THE FOURTEETH AMENDMENT AGAINST DEFENDANTS MICHAEL HARKRIDER AND ANDREW LNU COGNIZALBE UNDER 42 U.S.C. 1983 For this cause of action against Defendants Michael Harkrider and Andrew LNU in Counts V, Plaintiff states: 181. By this reference Plaintiff incorporates paragraphs 1 through 180 as though fully set forth herein. 182. In Brady,the Supreme Court held"the suppression by prosecutors [or police officers] of evidence favorable to an accused upon request violates due process where the evidence is material to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution."41 In 41 Brady v. Maryland, 373 U.S. 84, 87 (1963); see also Scurr v. Niccum, 620 F2.d 186, 190 (8th Cir. 1980) (holding "we are persuaded that the prosecution could not 72 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 73 of 103 interpreting the duty of law enforcement under Brady,the Eighth Circuit has held "failure to preserve potentially useful evidence" constitutes a denial of substantiative due process in violation of the Fourteenth Amendment when a Plaintiff can show"bad faith on the part of the police."42 The constitutional duty to preserve evidence arises when the evidence "might be expected to play a significant role in the suspect's defense. To meet this standard of constitutionality,evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence."43 However, there are situations "in which evidence is obviously of such substantial value to the defense that elementary fairness requires it be disclosed [or preserved] even without a specific request."44 As relates to qualified immunity Plaintiff "need not show that the 'very action in question has FEB 2 4 2021 City Clerk Iowa City, Iowa reasonably have overlooked or justifiably considered irrelevant the inconsistent alibi...or the police files."). 42 Arizona v. Youngblood,488 U.S. 52, 58 (1998); see also United States v. Webster, 625 F.3d 440,448 (8th Cir. 2010). 43 California v. Trombetta,467 U.S. 480,488-89 (1984) (citing United States v. Agurs, 427 U.S. 98109-10 (1976)) (internal citations omitted). 44 Agurs,427 U.S. 110; see also United States v. Tyerman, 701 F.3d 557, 562 (8th Cir. 2012) ("Intrinsic evidence is evidence that completes the story or provides a total picture of the charged crime."). 73 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 74 of 103 previously been held unlawful' to overcome qualified immunity, as long as the unlawfulness was apparent in light of preexisting law."45 183. In video provided by Defendant City, Plaintiff's facial injuries are clearly visible, fresh, and consistent with the exculpatory statements asserted by Plaintiff with regard to being attacked. 184.In video provided by Defendant City, Defendant Harkrider acknowl ge14 2021 Plaintiff's injuries. C:`,y Iowa C ', I 185.In video provided by Defendant City,Plaintiff calmly requested pictures be taken of Plaintiff's injuries. 186.In video evidence provided by Defendant City, by Defendant City, Defendant Harkrider agreed to take pictures of Plaintiff's injuries. 187.Defendant Harkrider and Andrew LNU, ensured to take adequate photographs of the aggressor's sole scratch. 188.No adequate photographs of Plaintiff's injuries were ever taken. Harkrider requested his co-conspirator"text" him a picture of a"little scratch" in order to justify serious charges, yet Plaintiff's injuries went entirely undocumented in the combined affidavits and complaints. 45 Blazek v. City of Iowa City, 761 F.3d 921, 926 (quoting Anderson v. Creighton,483 U.S. 636, 640 (1987)). 74 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 75 of 103 189.Defendant Harkrider and Andrew LNU failed to secure video footage from Darling Dumplings on the night of the arrest to verify Plaintiff's statements and refute the aggressor's timeline. 190.Defendant Officers failed to photograph, locate, or document food Plaintiff advised was at the scene of the arrest, which indicated lawful presence within the home. 191. Harkrider's report is devoid of sworn affidavit is devoid of all statements by Plaintiff and lacking any information that did not carefully fit into their imaginative version of events. 192. If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. COUNT VI FEB 2 4 ion City Clerk ALIENATION AND SUPRESSION OF EXCULPATORY EVIDENCF; City, Iowa BRADY VIOLATIONS IN CONTRAVENTION OF THE FOURTEETH AMENDMENT AGAINST DEFENDANT TERRY E. TACK AND JOHN DOE COGNIZALBE UNDER 42 U.S.C. 1983 For this cause of action against Defendant Terry E. Tack and John Doe in Counts VI, Plaintiff states: 193. By this reference Plaintiff incorporates paragraphs 1 through 192 as though fully set forth herein. 194.Plaintiff reported a theft of property, and the conduct of Defendant Officers to Defendant Tack. Defendant Tack, in concert with Detective John Doe, 75 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 76 of 103 manufactured a misleading police report, refused to collect evidence, and failed to adequately investigation into the actions of Defendant Officers or the deprivation of Plaintiff's property. 195. Defendant Tack, in concert with John Doe, never communicated the Plaintiff's report to the county attorney despite the location of Plaintiff's vehicle at the time of the crime, incriminating text message sent by the aggressor, and the temporal proximity between the theft and Plaintiff's arrest. 196.The actions of Tack, in concert with Detective John Doe, alienated potential exculpatory evidence that could have been obtained if a proper investigation had been done. 197. In failing to provide the state with the report,Tack,in concert with Detective John Doe, alienated the exculpatory evidence from the prosecutor's consideration to file charges. 198. If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. t COUNTS VII &VIII FEB 2 ' 202J Clerk LIABILITY OF DEFENDANTS IOWA CITY AND POLICE CHIEF -;;,ly, ,bw.: DUSTIN LISTON FOR PLAINTIFF'S BRADY VIOLATIONS COGNIZAVLE UNDER 42 U.S.C. 1983 For these causes of action against Defendants Iowa City and Police Chief Dustin Liston in Counts VI, Plaintiff states: 76 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 77 of 103 199. By this reference Plaintiff incorporates paragraphs 1 through 198 as though fully set forth herein. FEB 2 4 2021 200.Under Iowa law, an employer incurs respondeat superior liability where LLY Clerk Iowa City, r "employee is liable" for the underlying tort.46 �' Iowa 201. The two single events described in Counts V &VI demonstrate the need for training is so obvious as to incur liability on Defendant City and Dustin Liston as the deliberate malfeasance of ICPD officers embodied the antithesis of the foundational ideals on which the criminal justice system rests. 202.As the defendant in the criminal case, Plaintiff is the one most clearly aggrieved—but so too was the county prosecutor—who was entitled to being made privy to the entirety of the facts before the state in order to wield the all-mighty power of prosecution with the full confidence and liberated of the fear one might seek to amend history to hold such actors accountable in the light of perceived transgressions. 203.Together, the single-events Brady violations in Counts V and VI themselves form a pattern and give rise to municipal liability as it shows Defendants Iowa City and Dustin Liston caused the constitutional violations suffered 46 Johnson v. Moddy, 903 F.3d 768, 774 (8th Cir. 2018) (citing Dickens v. Associate d Anesthesiologists, P.C., 709 N.W.2d 122, 125 (Iowa 2006)). 77 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 78 of 103 . by Plaintiff by their deliberate indifference to the rights of the citizenry with whom the Iowa City Police come in contact. 204.As aforedescribed, Defendant Iowa City, under the direction of the chief policymaker Chief Dustin Liston, has a pattern or practice of alienating evidence during the course of performing intentionally failed investigations, specifically as relates to Black men.This practice requires the suppression of exculpatory evidence as a vital component to the scheme. 205.There are economically feasible alternatives to the current systems status quo, such as a host of institutional safeguards that can be readily implemented. 206. Defendant Iowa City has demonstrated—and continues—a custom and practice of unlawfully suppressing exculpatory evidence through inadequate procedures to audit footage to ensure the veracity of affidavits and complaints. ICPD—with a more than fifteen-million-dollar budget— has the financial capacity to audit body camera footage, especially concerning the most serious offenses. 207.Defendants Iowa City and Chief Dustin Liston have failed to effectively screen,train,supervise, discipline,or control the people it employs as police officers with regard to racial bias. 208.As a direct result of Defendants' deliberate indifference, Plaintiff suffered damages. FEB 2 4 2021 78 City Clerk Iowa City, Iowa . Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 79 of 103 209. If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. 4' COUNT IX FEB 2 4 2021 Clerk UNLAWFUL ARREST AND SEIZURE IN VIOLATION OF THE FOURTH its Iowa AND FOURTEETH AMENDMENTS AGAINST MICHAEL HARKRIDER AND ANDREW LNU COGNIZABLE UNDER 42 U.S.C. §1983 For this cause of action against Defendants Michael Harkrider and Andrew LNU in Count IX, Plaintiff states: 210. By this reference Plaintiff incorporates paragraphs 1 through 209 as though fully set forth herein. 211. "A warrantless arrest is per se unlawful without probable cause, and exculpatory evidence is therefore relevant to whether an officer has probable cause. Officers are not required to conduct a mini trial before arrest, but probable cause does not exist when a minimal further investigation would have exonerated the suspect."47 The Eighth Circuit has held "a facially sufficient affidavit, however, may be challenged on the ground that it includes deliberate or reckless falsehoods."48 Recklessness may also be inferred if omitted information is clearly critical to a finding of probable cause.49 47 Amrine v. Brooks, 52 F.3d 826 (internal quotations omitted). 48 Unites States v. Reivich, 793. F.2d 958, 960 (8th Cir. 1986) (citing Franks v. Delaware, 438 U.S. 155 (1978). 49 Turpin v. County of Rock, 262 F.3d 781, 783 (8th Cir. 2001). 79 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 80 of 103 212. Officers are required to consider the veracity of a complaining party such that in-person hearsay codified by an affiant must have indicia of reliability given all the information learned during reasonable investigation.50 Only "absent some indication that the information is not reasonably trustworthy or reliable" are "law enforcement officers entitled to rely on information supplied by the victim of a crime."51 213. The Eight Circuit subscribes to the test set out in Franks for analyzing probable cause in the light of fabricated or omitted statements by an affiant. Under Franks, a district court determines whether probable cause objectively existed when accounting for the recklessly included false statements and excluded exculpatory statements given the totality of the evidence.52 Thus, to overcome the presumption of validity afforded to affidavits, one must first present specific falsehoods or omissions, and accompany the allegations with an offer of proof. Barring the offer of proof, fabricated statements, and omissions—a Plaintiff must prevail if the remaining content in the affidavit is insufficient to establish probable cause.53 7r FEB 2 4 2021 City Clerk 50 United States v. Stevens, 530 F.3d 716, 718 Iowa City, Iowa 51 Clay v. Conlee, 815 F.2d 1166, 1168 (8th Cir. 1987). 52 438 U.S. 155-56. 53 Id. at 171-72. 80 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 81 of 103 214.The Eight Circuit has outlined in circumstances "where the facts allegedly giving rise to a suspicion of criminality may reasonably appear to untrained eyes to be innocent in nature, we require some explanation regarding how the officer's training endowed seemingly innocent facts with criminal significance."54 215.As aforedescribed and incorporated by reference, a conscious-shockingly number of leads fell on deaf ears and an abundance of common-sense evidence was deliberately ignored or purposefully not collected. 216.Harkrider s report was sadistically manufactured in an overt attempt to fulfill Defendant Officers' conspiracy to charge Plaintiff with a serious felony. 217.Defendant Officers showed no regard for the veracity of the aggressor's statements. 218.Defendant Officers relied solely on the aggressor's statements as the basis for the probable cause to arrest Plaintiff—despite the aggressor's peculiar behavior at the scene, known violent past, and documented history of making unreliable statements to law enforcement on numerous occasions. -� I � �+ , �� : FEB 2 4 2021 City Cl�r l< Iowa City, IaWa 54 Seymour v. City of Des Moines, 519 F.3d 793, 801 (8th Cir. 2008). 81 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 82 of 103 • 219.When devoid of the aggressor's later-recanted lies and Harkrider's own fabrication—the complaints and affidavits against Plaintiff would be null. 220. The facts clearly presented herein indicate the aggressor—and not the Plaintiff—committed a series of crimes on the night in question. 221. If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. COUNT X LIABILITY OF DEFENDANTS IOWA CITY AND DUSTIN LISTON FOR PLAINTIFF'S UNLAWFUL SEIZURE AND ARREST COGNIZABLE UNDER 42 U.S.C. 1983 For this cause of action against Defendants Iowa City and Police Chief Dustin Liston in Count VIII, Plaintiff states: 222. By this reference Plaintiff incorporates paragraphs 1 through 121 as though fully set forth herein. 223.Defendants Iowa City and Dustin Liston caused the constitutional violations suffered by Plaintiff by its deliberate indifference to the rights of the citizenry with whom the Iowa City Police come in contact. 224. Defendant Iowa City continues a custom and practice of unlawfully arresting citizens without requisite probable cause. FEB 2 4 2021 82 . Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 83 of 103 225.Defendants Iowa City and Chief of Police Dustin Liston have failed to effectively screen, train, supervise, discipline, and/or control the people it employs as police officers with regard to making arrests. 226.As a direct result of Defendants' deliberate indifference, Plaintiff suffered damages. 227. If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. COUNT XI CONSPIRACY ABUSE OF PROCESS OR MALICIOUS PROSECUTION IN VIOLATION OF THE FOURTEENTH AMENDMENT AGAINST OFFICERS MICHAEL HARKRIDER AND ANDREW LNU CONGNIZABLE UNDER 42 U.S.C. §1983 For this cause of action against Defendants Michael Harkrider and Andrew LNU in Count XI, Plaintiff states: 228. By this reference Plaintiff incorporates paragraphs 1 through 227 as though fully set forth herein. 229.For a prima facie case of malicious prosecution, a plaintiff must prove: (1) the commencement of a prosecution; (2) legal causation by the defendant; (3) termination in favor of the plaintiff; (4) lack of probable cause; (5) FEB 2 4 2021 City Clerk Iowa Ci !, bwa 83 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 84 of 103 defendants' conduct was actuated by malice; and (6) plaintiff was damaged 230.Footage provided by Defendant City shows Harkrider and Andrew LNU forgoing investigation with the sole purpose of enhancing charges against Plaintiff. At the scene and in front of the Johnson County jail, Defendant Officers openly discussed the conspiracy. 231. In justifying the conspiracy to skeptical Johnson County deputies Harkrider attributed his action to upgrade charges based on review of law with complete disregard for the facts or readily available evidence. 232. Upon final agreeance with co-conspirator Andrew LNU, Harkrider committed the overt act of filing a fabricated combined complaint and affidavit. 233.On July 18, 2019, Defendant Harkrider, in concert with Defendant Andrew LNU, filed a combined affidavit and complaint electronically with the Johnson County court. The filing of the document commenced legal proceedings against Plaintiff. FEB 2 4 2021 City Clerk Iowa City,, !low 55 White v. McKinley, 519 F.3d 809, 815 (8th Cir. 2008) (holding "for a claim of conspiracy under Section 1983, the plaintiff need not show that each participate knew the exact limits of the illegal plan...but the plaintiff must show evidence sufficient to support the conclusion that the defendants reached an agreement to deprive the plaintiff of constitutionally guaranteed rights." (internal quotations omitted)) 84 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 85 of 103 234.The trial information filed by the Johnson County prosecutors relied almost entirely on the arrest affidavit by Harkrider. 235.All charges against Plaintiff were dismissed. 236. Upon motion of the Plaintiff—and with no objection from the state—the felony charge arrest record was expunged by order of the Johnson County court. 237. As aforementioned, the arrest lacked probable cause. 238.Defendant Harkrider's deliberate fabrication in the affidavit was malicious and the failure to investigate, along with the alienation of exculpatory evidence, was perversely intentional. 239.Plaintiff suffered incalculable and foreseeable damages due to the prosecution initiated by Defendant Harkrider, in concert with co- conspirator Andrew LNU. 240. If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. COUNT XII LIABILITY OF DEFENDANTS IOWA CITY AND POLICE CHIEF DUSTIN LISTON FOR THE MALICIOUS PROSECUTION OF PLAINTIFF COGNIZABLE UNDER 42 U.S.C. 1983 For this cause of action against Defendants Iowa City and Chief of Police Dustin Liston in Count XII, Plaintiff states: 1. FEB 2 4 2021 CThJ Clerk 85 •igi./3 Cash, Iowa Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 86 of 103 241. By this reference Plaintiff incorporates paragraphs 1 through 240 as though fully set forth herein. Defendants Iowa City and Chief of Police Dustin Liston caused the constitutional violations suffered by Plaintiff by its deliberate indifference to the rights of the citizenry with whom the Iowa City police come in contact. 242. Not only does this single event demonstrate the indifference of Defendants Iowa City and Chief of Police Dustin Liston as relates to training, but Plaintiff alleges a must vaster scheme whereby officers routinely engage in the commencement of predatory prosecution specifically via the unabated custom and practice of facilitating the unjust prosecution of Black men. 243.Defendants Iowa City and Chief of Police Dustin Liston have to effectively screen, train, supervise, discipline, and/or control the people it employs as police officers as relates to commencing prosecution 244.As a direct result of Defendants' deliberate indifference Plaintiff suffered damages. 245. If Plaintiff prevails, Plaintiff is entitled to an award of special pro se n , n' attorneys fees pursuant to 42 U.S.C. §1988. COUNT XIII FEB 2 4 2021 City Clerk DEPRIVATION OF PROPERTY WITHOUT DUE PROCESS :ia City, Iowa VIOLATION OF THE FOURTH AND FOURTH FOURTEENTH AMENDMENTS AGAINST DEFENDANTS MICHAEL HARKRIDER AND ANDREW LNU, TERRY E. TACK, AND JOHN DOE CONGNIZABLE UNDER 42 U.S.C. §1983. 86 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 87 of 103 FEB 2 4 1011 For this cause of action against Defendant Iowa City and Police Chief City Clerk Iowa City, Iowa Dustin Liston in Count XIII, Plaintiff states: 246. By this reference Plaintiff incorporates paragraphs 1 through 245 as though fully set forth herein. • 247.The"procedural protections of the Fourteenth Amendment apply to protect a significant property interest." When an"intentional deprivation of property without predeprivation procedures" occurs, the law requires a "state provides the plaintiff an adequate postdeprivation remedy."56 248.Defendant Officers were aware that Plaintiff's vehicle was at the scene and situated on the property where Plaintiff was arrested. 249.Defendant Officers made no attempt to tow Plaintiff's property despite acknowledging the need to "secure" it.57 250. Defendant Officers made no attempt to locate the car keys of Plaintiff despite the keys playing a pivotal role in Plaintiff's version of events. 251.In footage provided by Defendant city, Plaintiff repeatedly advised Harkrider of not being in possession of the vehicle's keys, which prevented 56 Rheuport v. Ferguson, 819 F.2d 1461, 1465 (8th Cir. 1987) (holding"when an 'established state procedure' destroys an entitlement, a postdeprivation remedy may not suffice.") (citing Logan v. Zimmerman Brush Co.,455 U.S. 424,436-37 (1982)). 57 In footage provided by Defendant City, Officer Harkrider can be heard stating that the vehicle needs to be secured. 87 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 88 of 103 Plaintiff from leaving the property initially. Harkrider asked no follow-up questions, did not locate the keys, or document the exchange in his combined sworn affidavits and complaints. 252.Due to the failure of Defendant Officers to tow Plaintiff's car, property was stolen overnight following the arrest. 253.But for Defendant Officers' failure to tow Plaintiff's vehicle incident to the arrest—thousands of dollars in property would not have been stolen from Plaintiff's car. 254.Plaintiff reported the theft—but also the malfeasance of Defendant Officers to both Tack and Detective John Doe. 255.Within two hours of release from jail and immediately upon discovery of the missing property—Plaintiff called an ICPD non-emergency line. 256.Plaintiff reported the theft and Defendant Officers' misconduct on the phone. FEB 2 4 2021 257.Plaintiff then drove to a ICPD police station and met with Detective John Iowa C1ly, Jova Doe. 258. Detective John Doe agreed that the failure to tow Plaintiff's vehicle seemed improper due to the severity of the charges and its presence at a location where an individual possessed animus. 259. Plaintiff physically showed Detective John Doe the text message from the aggressor—at 10:57PM on the night of the arrest—depicting the 88 • Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 89 of 103 aggressor in physical possession of property that was in Plaintiff's car at •--� n f �✓ the time of the arrest. 260.The report by Tack lists no suspects. FEB 2 4 2021 City Clerk 261.The investigation record of Plaintiff's theft shows no evidence of any Iowa City, Iowa follow-up other than verifying that Plaintiff's car was indeed not towed until the morning following the arrest. 262. Defendant Tack's report even omits the crucial fact that Plaintiff manifested at the police precinct upon his advice to provide evidence. 263.During the failed investigation, Tack and John Doe ignored: a. The home of the arrest being the last known location of Plaintiff's car keys. b. The text message from the aggressor in possession of property stolen from the vehicle. c. Plaintiff's vehicle was left on the aggressor's property. d. The aggressor's criminal history. e. The aggressor's obvious motive. 264. During the course of an adequate investigation, Tack and John Doe could have: a. Secured call records or statements from tow company employees to identify the party that requested the tow. b. Returned to the scene to ask for consent to perform a search. 89 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 90 of 103 . c. Questioned the neighbors. ' d. Questioned the occupants of the home. FEB 2 4 2021 e. Attempted to track Plaintiff's laptop. City Clerk Iowa Cif ., Iowa f. Questioned the aggressor. g. Requested a search warrant to perform a search. h. Reviewed body camera footage from the incident. i. Subpoenaed cell phone data to verify Plaintiff's account. 265.Despite the obvious suspect with access to Plaintiff's keys, vehicle, and who had a motive—Defendants Tack and John Doe intentionally or reckless failed to investigate both the theft of Plaintiff's property, and the complaint on Defendant Officers. 266. If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. COUNT XIV LIABILITY OF DEFENDANTS IOWA CITY AND POLICE CHIEF DUSTIN LISTON THE DEPRIVATION OF PLAINTIFF'S PROPERTY COGNIZABLE UNDER 42 U.S.C. 1983 For this cause of action against Defendant Iowa City in Count XIV, Plaintiff states: 267.By this reference Plaintiff incorporates paragraphs 1 through 266 as though fully set forth herein. 90 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 91 of 103 268. Defendants Iowa City and Police Chief Dustin Liston caused the constitutional violations suffered by Plaintiff by its deliberate indifference to the rights of the citizenry with whom the Iowa City police come in contact by the refusal to provide an adequate postdeprivation remedy, which is compounded by the lack of an internal affairs body. 269.Defendants Iowa City and Police Chief Dustin Liston has a custom and practice of unlawfully detaining citizens are deprived of property without adequate postdeprivation remedy. 270.Here, at least two deprivations occurred: the theft of the property from Plaintiff's vehicle and the seizure of Plaintiff's car keys,thereby constituting a pattern. 271.Defendants Iowa City and Police Chief Dustin Liston have failed to effectively screen, train, supervise, discipline, and/or control the people it employs as police officers as it relates to the seizure and inventory of property incident to arrest. 272.As a direct result of Defendants' deliberate indifference, Plaintiff suffered damages. 273.If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. ET - � . . .:J FEB 2 4 2021 City CV,rk 91 Iowa City, lc../1 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 92 of 103 COUNT XV FIRST AMENDMENT RETALIATION VIA FAILURE TO INVESTIGATE IN VIOLATION OF THE FIRST AND FOURTEENTH AMENDMENTS OF THE UNITED STATES AGAINST DEFENDANTS TERRY E. TACK AND JOHN DOE COGNIZABLE UNDER 42 U.S.C. §1983 For this cause of action against Terry E. Tack and John Doe in Count XV, Plaintiff states: 274. By this reference Plaintiff incorporates paragraphs 1 through 273 as though fully set forth herein. 275. "As a general matter the First Amendment prohibits government officials from subjecting an individual to retaliatory actions for speaking out."58 Such a claim consists of 1) engagement in protected activity; 2) adverse action taken by an officer, and a 3) causal relationship between the protected speech and the adverse action.59 276.Plaintiff informed Defendants John Doe and Tack of the wish to file a complaint against the Defendant Officers. 277. Plaintiff stated the willingness to speak with subsequent investigators. Both Defendants John Doe and Tack acknowledged Plaintiff's request. 1 FEB 2 4 2021 City Clerk Iowa City, Iowa 58 Thurairajah v. City of Fort Smith, 925 F3.d 928 (8th Cir. 2019) (quoting Hartman v. Moore, 547 U.S. 252, 256 (2006)). s9 Hoyland v. McMenomy, 869 F.3d 648, 655 (8th Cir. 2017). 92 • - Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 93 of 103 278. Upon knowledge and belief, neither Detective John Doe nor Defendant Tack documented or even relayed Plaintiff's complaint concerning Defendant Officers. 279.Plaintiff's report of Defendant Officers' misconduct to both Tack and John Doe was protected speech and thereby protected conduct. 280.Defendants Tack and John Doe took the adverse action of failing to document the complaint entirely. 281.Defendants Tack and John Doe took the adverse action of failing to report Plaintiff's complaint of Defendant Officers' misconduct to their respective supervisors. 282. The nature of the complaint, and the temporal proximity between the complaint and failure to investigate indicates that Plaintiff's complaint against Defendant Officers motivated Defendants Tack and John Doe to forgo documenting the complaint or acting on the complaint entirely. 283.If Plaintiff prevails, Plaintiff is entitled to an award of specia iv se % attorney's fees pursuant to 42 U.S.C. §1988. FEB 2 4 2021 COUNT XVI LIABILITY OF DEFENDANTS IOWA CITY AND DUSTIN LISTON FOR ' THE RETALIATORY FAILURE TO INVESTIGATE AGAINST PLAINTIFF COGNIZABLE UNDER 42 U.S.C. 1983 For this cause of action against Defendants Iowa City and Dustin Liston in Count XVI, Plaintiff states: 93 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 94 of 103 • • 284. By this reference Plaintiff incorporates paragraphs 1 through 283 as though fully set forth herein. 285.Eight Circuit precedent clearly establishes: "where a municipality's failure to adopt adequate safeguards was the product of deliberate indifference to the constitutional right of its inhabitants will the municipality be liable for an unconstitutional policy."60 286.Defendants Iowa City and Police Chief Dustin Liston caused the constitutional violations suffered by Plaintiff by its deliberate indifference to the rights of the citizenry with whom the Iowa City police come in contact by failure to enact adequate safeguards and institutional checks to ensure accountability writ large. 287.The statistics and data set forth herein paint an irrefutable portrait of the engrained and systemic indifference by Defendants Iowa City and Police Chief Dustin Liston with regard to addressing police misconduct. 288.Plaintiff phoned ICPD and requested to be directed to the office of internal affairs. The response was jarring: ICPD does not have a central physical location for a citizen to report police abuse nor does ICPD have a central body to field complaints. Plaintiff was advised to contact the superior _,:,) FEB 2 4 2021 6o Szabla,486 F.3d 390. City Clerk Iowa City, Iowa 94 • • - Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 95 of 103 officer of the officer involved, which was stated as the only way to file a complaint. 289.Defendants Iowa City and Chief of Police Dustin Liston have failed to effectively screen, train, supervise, discipline, and/or control the people it employs as police officers with regards to staffing a department designated to investigate police misconduct. 290.Defendants Iowa City and Chief of Police Dustin Liston have failed to provide mechanism to accurately record complaints of police abuse. 291.Defendants Iowa City and Chief of Police Dustin Liston have failed to train superior officers to appropriately investigate allegations of police misconduct. 292.As a direct result of Defendants' deliberate indifference, Plaintiff suffered damages. 293.If Plaintiff prevails, Plaintiff is entitled to an award of special pro se attorney's fees pursuant to 42 U.S.C. §1988. L r f COUNT XVII FEB 2 4 2021 LIBEL AGIANST MICHAEL HARKRIDER For this cause of action against Michael Harkrider in Count XVII, Plaintiff states: 294.By this reference Plaintiff incorporates paragraphs 1 through 289 as though fully set forth herein. 95 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 96 of 103 • 295. More than 120 years ago, the Eighth Circuit Court of Appeals held: A man of affairs, a business man,who has been seen and known of his fellowmen in the active pursuits of life for many years, and who has developed a good character and an unblemished reputation, has secured a possession more useful and more valuable than lands, or houses, or silver, or gold. Taxation may confiscate his lands; fire may burn his houses; thieves may steal his money; but his good name, his fair reputation, ought to go with him to the end—a ready shield against the attacks of his enemies, and a powerful aid in the competition and strife of daily life. Every man is presumed to be innocent of wrong until he is proved to be guilty...The law recognizes the value of such reputation, and constantly strives to give redress for its injury. It imposes upon him who attacks it by slanderous words, or by libelous publication, a liability to make full compensation for the damage to the reputation, for the shame and obloquy, and for the injury to the feelings of its owner, which are caused by the publication of the slander or libel. It goes further. If the words are spoken, or the publication made, with the intent to injure the victim, or with a criminal indifference to civil obligations, it imposes such damages as a jury, in view of all the circumstances of the particular case, adjudge that the wrongdoer ought to pay, as example to the public; to deter other from committing like offenses, and as a punishment for the infliction of the injury.61 296.Just four years later in 1903, the Eight Circuit reaffirmed the ability to seek punitive damages in holding: In addition to fair compensation for the injury caused to L his business, reputation, and feelings which one thus libeled is FEB 2 4 2021 entitled to recover, regardless of the motive, purpose, or intent of the publisher, a jury is empowered to allow exemplary or I J I 61 Times Pub. Co. v. Carlisle, 94 f. 762 (8th Cir. 1899) (internal quotation omitted) (holding"It is no justification for the publication of a libel, and no defense, in whole or in part, to claim for compensatory damages for the injury caused thereby, that another had previously written or published the charge, and that the libeler merely repeated it."). 96 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 97 of 103 punitive damages to the person defamed when the publication was made with ill will, or with a willful intent to injure the victim, or in violation and in reckless disregard of his rights and feelings.62 297.Defendant Harkrider, in concert with Defendant Andrew LNU, did knowingly cause manufactured or fabricated information to be published in a sworn affidavit. 298.Harkrider, in concert with Andrew LNU, intentionally or deliberately published a false statement in a combined affidavit and complaint charging Plaintiff with felony burglary. 299.Video footage provided by Defendant City unequivocally shows Defendant made several statements that were exculpatory. 300.Harkrider affirmed a salacious narrative reckless disregard for the veracity of the allegations. 301. Days before the filing of the trial information, the statements within the affidavit charging Plaintiff were republished by numerous outlets. 302.As a direct result of the publication of Harkrider's combined complaint and affidavit: Plaintiff suffered unconscionable trespass so immeasurable as to not possibly be quantified in remedies at law. ( t� FEB 2 4 2021 City Clerk lc.w,./3 City, Iowa 62 Palmer v. Mahin, 120 F. 741, 741 (8th Cir. 1903). 97 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 98 of 103 COUNT XVIII INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AGAINST OFFICER MICHAEL HARKRIDER For this cause of action against Michael Harkrider in Count XVIII, Plaintiff states: 303. By this reference Plaintiff incorporates paragraphs 1 through 302 as though fully set forth herein. 304.For a prima facie claim of intentional infliction of emotional distress one must show: 1) outrageous conduct by the defendant; 2) the defendant's intent or reckless disregard for the probability of causing emotional distress; 3) plaintiff suffered severe emotional distress; and 4) the defendant's outrageous conduct was the actual and foreseeable cause of the severe distress.63 305. Defendant Harkrider personally admitted how encounters with police cause lifelong trauma. 306.Defendant Harkrider admitted that being questioned by police as an innocent Black man is "unfortunate" and "sucks." n , 1Ir FEB 2 4 2021 City Clerk 63 Vaughn v. Agriculture Processing, Inc., 459 N.W.2d 630, 635-36 (Iowa 194W City, Iowa (citing Vinson v. Linn-Mar Community School Dist., 360 N.W.2d 111, 118 (Iowa 1984)); see also White v. Moulder, 30 F.3d 81, 83 (8th Cir. 1994) (holding "To prevail on these claims, the [Plaintiff] must prove outrageous conduct."). 98 • Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 99 of 103 307. Defendant Harkrider admitted that an interaction, regardless of the nature of the encounter, will likely publicized in the media, even if just social media. {. 308. Defendant Harkrider admitted "major ones", or cases garner more'i 4 201] City Clerk attention. Iowa ,cwa 309. Charging one with felony burglary is one class below felony murder and is one of the most serious or heinous crimes under Iowa law. 310.Harkrider admitted and articulated his knowledge with regard to determining the primary aggressor in a domestic violence incident, yet Defendant Officers refused to meaningfully investigate before arresting Plaintiff. 311.Harkrider sadistically ignored Plaintiff's exculpatory statements. 312.Harkrider laughed in the presence of Plaintiff during arrest multiple times. 313.Harkrider made multiple jokes. 314.Harkrider discussed Plaintiff's suit jacket and line of work while voicing his displeasure with working overnights and the arrest causing a late start to his five-week vacation. 315.Defendant Harkrider intentionally disregarded the risk to Plaintiff's property by failure to both secure Plaintiff's keys,despite knowing their last known location within the home, while also refusing to tow Plaintiff's vehicle despite the animus toward Plaintiff expressed by the aggressor, 99 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 100 of 103 - • 316.Defendant Harkrider intentionally affirmed a fabricated affidavit without probable cause to believe Plaintiff committed a burglary. 317.Harkrider intentionally failed to perform any follow-up investigation whatsoever. 318.Harkrider intentionally failed to supplement his single-paragraph narrative charging three charges in the combined affidavits and complaints. 319.Harkrider conspired to purposefully fail to investigate in a sadistic bid to maliciously prosecute Plaintiff for a heinous crime. 320.As a direct result of Defendant Harkrider's conduct, Plaintiff suffered damages. 9 '°' 321.Defendant Harkrider's action were the direct and proximate caul cif,} 2021 Plaintiff's suffering. C:/ Clerk I.'V3 Cay, Iowa COUNT XIX FALSE IMPRISONMENT AGAINST OFFICER MICHAEL HARKRIDER For this cause of action against Defendant Michael Harkrider in Count XIX, Plaintiff states: 322. By this reference Plaintiff incorporates paragraphs 1 through 321 as though fully set forth herein. 323.Without any legal justification or privilege, Defendant Harkrider did intentionally cause Plaintiff to be bound to a confined area. 324.Harkrider placed handcuffs on Plaintiff. 100 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 101 of 103 325. Harkrider placed Plaintiff in the backseat of a locked patrol car and Plaintiff was unable to exit the patrol car. 326.Plaintiff was aware of and protested the confinement. 327.Harkrider caused Plaintiff to be confined to the Johnson County Iowa jail F. ("1 for more than twenty-four hours. ` 328.Plaintiff suffered damages as a result of Defendant's actions. FEB 2 4 2071 COUNT XX ASSAULT AND BATTERY AGAINST OFFICER MICHAEL HARKRIDER For this cause of action against Defendant Harkrider in Count XX, Plaintiff states: 329.By this reference Plaintiff incorporates paragraphs 1 through 328 as though fully set forth herein. 330.Defendant Harkrider touched Plaintiff in a harmful and offensive manner. 331.Defendant Harkrider threatened Plaintiff's liberty with his use of authority. 332.Defendant Harkrider grabbed Plaintiff by the arm, escorted Plaintiff out of a house, and forced Plaintiff into a patrol cruiser. 333.No longer clothed with the any legal justification or privilege, Defendant Harkrider did commit a battery and assault of Plaintiff. 334.Plaintiff suffered damages as a result of Defendant's actions. VI. PRAYER FOR RELIEF 101 Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 102 of 103 • a • WHEREFORE, in light of the systemic and egregious violations outlined herein, Plaintiff prays for this Court to: a. Enter judgment against Defendants in the amount of fifty (50) million dollars, and any other remedy at law or in equity that this Court deems fit. b. Mandate Defendant City ICPD officers annually undergo at least ten hours of revised racial bias training. c. Mandate Defendant City provide ICPD officers the ability to summon a mental health professional to the scene on calls in which a person exhibits signs of mental distress. d. Mandate ICPD officer annually undergo at least ten hours of crisis intervention or de-escalation training. r---. L _D e. Appoint an independent monitor to: FEB 2 4 2021 i. Oversee reform of the CPRB, C;`•, r, r;a� ii. ) Oversee reform of the process by which ICPD internally fields, investigates, adjudicates, and discloses complaints or allegations of misconduct against officers, iii. Oversee implementation of revised training with regard to racial bias, 102 • Case 3:21-cv-00015-SMR-CFB Document 1 Filed 02/19/21 Page 103 of 103 iv. Oversee implementation of revised training with regard to crisis intervention training, v. Oversee reform of the process by which ICPD audits body camera and dash camera footage to ensure the accuracy of affidavits and reports submitted by officers. LL Tustin T. Tolston, JD LLM AT: 0013852 justin©icitypap.com 7925 Meredith Ave Omaha, NE 68134 402.889.9800 L FEB 2 4 2021 City Clark Iowa City, Iowa 103 END OF CASE FILE IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) USE IN THE NEVADA AVENUE ) SANITARY SEWER REPLACEMENT ) PROJECT ) ) Melissa L. Davies and Loyd R. Davies, ) Property Owners ) ) by the ) ACCEPTANCE OF SERVICE ) ) CITY OF IOWA CITY, IOWA, ) ) Applicant. ) I hereby acknowledge receipt of the following attached documents and by my signature accept service and waive further notice thereof: (1) APPLICATION FOR CONDEMNATION (2) ORDER SELECTING AND APPOINTING COMPENSATION COMMISSIONERS AND ALTERNATE COMMISSIONERS BY THE CHIEF JUDGE OF THE SIXTH JUDICIAL DISTRICT OF IOWA (3) NOTICE OFPUBLIC MEETING OF COMPENSATION COMMISSION TO ASSESS DAMAGES FOR TAKING OF PROPERTY (4) LIST OF COMPENSATION COMMISSIONERS AND ALTERNATES APPOINTED BY THE CHIEF JUDGE OF THE SIXTH JUDICIAL DISTRICT OF IOWA Date: 5- 2-l CITY OF IOWA CITY By: 414 ._r'K llie K. Frue --3 `� •-�-- City Clerk -1� Cn orn -17 mn w 0` IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) USE IN THE NEVADA AVENUE ) SANITARY SEWER REPLACEMENT ) PROJECT ) ) Melissa L. Davies and Loyd R. Davies, ) Property Owners ) ) NOTICE OF PUBLIC MEETING by the ) OF COMPENSATION ) COMMISSION TO ASSESS ) DAMAGES FOR TAKING OF CITY OF IOWA CITY, IOWA, ) PROPERTY ) Applicant. ) TO: Titleholder: Melissa L. Davies ;c -0 -- Loyd R. Davies E,; x 2403 Nevada Avenue Iowa City, IA 52240 Lienholders, Encumbrancers, Leaseholders, Easement Holders and Others: Hills Bank and Trust Company City of Iowa City 131 Main Street 410 E. Washington Street Hills, IA 52235 Iowa City, IA 52240 Johnson County, Iowa Johnson County,Iowa do Johnson County Auditor do Johnson County Treasurer County Administration Building County Administration Building 913 South Dubuque Street 913 South Dubuque Street Iowa City, IA 52240 Iowa City, IA 52240 and all other persons, companies or corporations having any interest in or owning any of the following describe real estate: 1 Tract#1 and Tract#2 depicted in Exhibit"A"is legally described as: A parcel in Lot 111, Lakeside Addition, Iowa City, Johnson County, Iowa. PROPERTY ADDRESS: 2403 Nevada Avenue, Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN: 1. That the City of Iowa City desires the condemnation of interests in the above- described property for the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT, as follows: A. The City seeks to acquire temporary construction easement interests in the parcels of property shown and described on the acquisition plat attached hereto as Exhibit "A" and made a part hereof by this reference, for the public purpose of facilitating CITY's construction of the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT. 1. In connection with this condemnation of a temporary construction easement,it is specifically provided as follows: a. This temporary construction easement is being condemned for the purpose of facilitating CITY's construction of the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT ("Project"), which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Areas, as needed to complete said Project. b. The areas sought to be condemned for the temporary construction easement is reserved to the Condemnee until the date the area is actually required for construction of said project. Said temporary easement shall terminate cv immediately upon completion of the particular portion of the project for which said property rights are sought, but in no a ch o event shall the temporary construction easement extend p J Li;>- beyond one(1) year from the date CITY becomes entitled to A w possession of the temporary construction easement areas . upon deposit with the Sheriff of the amount assessed in favor of OWNERS,pursuant to Iowa Code Section 6B.25. 0 N c. With respect to the Temporary Construction Easement, CITY shall have the following rights and obligations: 2 i. CITY shall have the right to make excavations within the Temporary Easement Areas, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to hold OWNERS harmless from third party liability during said construction. ii. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Areas, but excluding the replacement of trees, shrubs and brush on the Temporary Easement Areas. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Areas have been restored to substantially their prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibil- ity for maintaining the Temporary Easement Areas. iii. CITY shall have the right of ingress and egress to and from the Temporary Easement Areas by such route within the Temporary Easement Areas as shall occasion the least practical damage and inconvenience to OWNERS. iv. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of CITY's rights pursuant to this Temporary Easement Agreement. d. Existing driveways, fences, underground drainage tile or other site features, with the exception of trees, shrubs and brush, which are removed or disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. Prj c� - e. CITY covenants and agrees to remove and stole t 'sting topsoil from areas to be excavated, to be usede edent of any repair. Following installation of the Pro , a ';areal`— rn _ro ► E5 +" •^t — 3 N within the Temporary Easement Areas which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said areas substantially to their prior condition, with the exception of the replacement of trees, shrubs and brush. 2. That a Compensation Commission has been appointed, as provided by law, for the purpose of appraising the damages which will be caused by the taking of the above- described temporary construction easement. 3. That the Compensation Commission will, on July 12, 2021, at 9:00 a.m., meet in Room 203 of the Johnson County Health & Human Services Building at 855 South Dubuque Street, Iowa City, Iowa, and will then proceed to view the properties and to assess and appraise the damages, at which time you may appear before the Commissioners if you care to do so. 4. That the Compensation Commission is required to meet in open session (open to the public) to view the property being condemned and to receive evidence, but may deliberate in closed session, as provided by Section 6B.14 of the Iowa Code. CITY OF IOWA CITY, IOWA By: ja-t a t Sara Hektoen AT0002914 Assistant City Attorney 410 E. Washington Street Iowa City, IA 52240 319-356-5030 icattorney@iowa-city.org 0- ?= W 4 , EXHIBIT 11A" TEMPORARY CONSTRUCTION EASEMENT EXHIBIT N NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT _ram_ IOWA CITY,IA WV Prepared by R.Rodney Ellen Anderson-Bogert Engineers&Surveyors,Inc. 1 4001 River Ridge Dr.N.E.Cedar Rapids,Iowa 52402(319)377-4629 0 30 155181 11..uDIISTANCES ARE IN FEET AND DECIMALS THEREOF. G_ g 2. BEARINGS HEREON ARE BASED UPON IOWA STATE PLANE NAD 83 SOUTH ZONE. y, N zw PROPRIFTOR. Ov z d MELISSA L. DAMES & LOYD R. DAMES y u E PARCEL NUMBER: 1023407001 °t z g g:J Y_ f 2 UNE TABLE UNE TABLE - o. UNE BEARING DISTANCE LINE BEARING DISTANCE L1 N89'17'19"E 10.00' L6 N89'17'19"E 10.00' W L2 N89'17'19"E 15.00' L7 N00'42'41"W 23.06' z L3 S00'42'41"E 34.83' L8 S89.55'31"E 15.00' L4 N8755'31"W 15.00' L9 500'42'41"E 22.85' ,a D.1C� L5 N0(742'41"W 34.62' L10 S89'17'19'W 15.00' Q a.W z en C ce N LAKESIDE DRIVE El (66') CD P.O.B. In In TRACT 1 D_ 100.00' (R) EXISTING R.O.W. Lt L2 •`7 G (R) m S $' Q P.O.C. -1 _ In TRACT 1 LLI o o 1' N V OG TRACT 1: frl 1 I JTMl ACRES M+1 i„,:; O 110' L4 (521 SOFT.) ' I----- o CO 1 ... o L8 o Q N o I `tri n y S I O Ip_____ TRACT 2:n0.01 ACRESP.O.C. as � J7 (344 SO.FT.) U3 TRACT ,,, W 3 sgaL6- 115.00' (R) FND 3/4" $;,3WGAS PIPE3 =^;oT . . . oa0a / TRACT 2 o EXISTING 20' / z s o UTILITY AND J N DRAINAGE I R O c EASEMENT ' -w; (") IV g a1 >' ..- W E o I C7—; ry C Legend -"C r� '- ea p Boundary Line r 7) Z7 7 u ,. Adjoining Lot Line - - C' .) DZ Z . ,O Section Line — — wr. .as W 0-- : OOi Building Setback Line- Tay N N Found 5/8" Rebar • r ..... W / Set N'x30' Rebar o (� CI n w/Orange Cap #18646 oSet Section/Quarter Corner A < Found Section/Quarter Corner ASnell No. Measured (M) ~ Record co Temporary Construction L 1 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT N NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT _r>_ • IOWA CITY,IA l9 Prepared by R.Rodney Klicn Anderson-Bogert Engineers&Surveyors,Inc. 4001 River Ridge Dr.N.E.Cedar Rapids,Iowa 52402(319)377.4629 0 30 Legal Description TRACT 1: PART OF LOT III, LAKESIDE ADDITION TO IOWA CITY, IOWA FURTHER DESCRIBED AS FOLLOWS: Q m 0 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 111; 'm 0 THENCE N89'17'19"E ALONG THE SOUTH RIGHT-OF-WAY UNE OF LAKESIDE DRIVE, 10.00 FEET TO THE a_n X - POINT OF BEGINNING; o a u THENCE CONTINUING N89'17'19'1 ALONG SAID SOUTH RIGHT-OF-WAY LINE, 15.00 FEET; zu E m z THENCE S0042'41"E. 34.83 FEET; oR oRu o THENCE N89'55'31"W, 15.00 FEET; ° _ a. THENCEN00'42'41"W, 34.62 FEET TO THE POINT OF BEGINNING CONTAINING 0.01 ACRES (521 SO.FT.) MORE OR LESS SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD W TRACT 2: PART OF LOT 111, LAKESIDE ADDITION TO IOWA CITY, IOWA FURTHER DESCRIBED AS FOLLOWS: Z W COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 111; ' THENCE N89'17'19"E ALONG THE SOUTH LINE OF SAID LOT 111, 10.00 FEET TO THE POINT OF '"J BEGINNING; U�!!Q THENCE N00'42'41 W, 23.06 FEET; O. > THENCE 589'55'31"E, 15.00 FEET; Z rn THENCE 500'42'41"E. 22.85 FEET TO THE SOUTH LINE OF SAID LOT 111; N THENCE S89'17'19'W ALONG SAID SOUTH LINE, 15.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.01 ACRES (344 SO.FT.) MORE OR LESS SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD i St rn b a M - M Y.X d a f g'S g Ni S ij 2 o ..e17. o 8 LL 0 N NIU I �— F �"'" co z?1 e 01 RI p 3n •d,Cl' `ci u Z rn O�o3 O Q a=. 0 0 0 rI...., m Ea) W 4i tD N O O W O Legend CO 0 Boundary Line CO Adjoining Lot Line - - Z O Section Line — — 0 QOi Building Setback Line-N V) Found 3/4" Gas Pipe • LLI OL / Set WOO" Rebar o 0 O Q w/Orange Cap #18646 U Set Section/quarter Corner Ja 5, Found Section/quarter Corner Sheet No. Measured (M) I . Record (R;I Of Temporary Construction IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) USE IN THE NEVADA AVENUE ) SANITARY SEWER REPLACEMENT ) =ry�) p�- PROJECT ) ) ` - Melissa L. Davies and Loyd R. Davies, ) > Property Owners ) ) by the ) APPLICATION FOR CONDEMNATION ) CITY OF IOWA CITY, IOWA, ) ) Applicant. ) TO: LARS ANDERSON, CHIEF JUDGE, SIXTH JUDICIAL DISTRICT YOU ARE HEREBY NOTIFIED that the Applicant City of Iowa City, Iowa, a municipal corporation, desires to take, acquire and condemn temporary easement interests in the property hereafter described, together with any and all leasehold interests, easement interests and other legal or equitable interests therein, and together with all structures and appurtenances located upon the properties sought to be condemned. The City of Iowa City desires the rights specified in the properties sought to be condemned for use for the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT. 1. PROPERTY TO BE ACQUIRED; PUBLIC USE OR PURPOSE FOR THE TAKING. A. TEMPORARY CONSTRUCTION EASEMENT INTEREST. The property in which the City seeks to acquire a temporary construction easement for the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT is shown and legally described as Tract #1 and Tract #2 on the attached temporary construction easement plat (hereinafter "Temporary 1 Easement Areas"). Said temporary easement plat is marked Exhibit "A" and by this reference made a part hereof. The said temporary easement interests will be used by the City of Iowa City for the public purpose of facilitating CITY's construction of the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT. ta- :� ct#1 and Tract#2 depicted in Exhibit"A"is legally described as: L I c�_ CIPart of Lot 111, Lakeside Addition, Iowa City, Johnson County, Iowa. tOPERTY ADDRESS: 2403 Nevada Avenue, Iowa City, Iowa 11' In connection with this condemnation of a temporary construction easement,it is specifically provided as follows: a. This temporary construction easement is being condemned for the purpose of facilitating CITY's construction of the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT ("Project"), which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Areas, as needed to complete said Project. b. The areas sought to be condemned for the temporary construction easement is reserved to the Condemnee until the date the areas are actually required for construction of said project. Said temporary easements shall terminate immediately upon completion of the particular portion of the project for which said property rights are sought, but in no event shall the temporary construction easement extend beyond one (1) year from the date CITY becomes entitled to possession of the temporary construction easement areas upon deposit with the Sheriff of the amount assessed in favor of OWNERS, pursuant to Iowa Code Section 6B.25. c. With respect to the Temporary Construction Easement, CITY shall have the following rights and obligations: i. CITY shall have the right to make excavations within the Temporary Easement Areas, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to hold OWNERS harmless from third party liability during said construction. ii. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Areas, but excluding the replacement of trees, shrubs and brush on the Easement Areas. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Areas have been restored to substantially their prior condition and except as expressly provided in this Temporary Easement 2 Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Areas. iii. CITY shall have the right of ingress and egress to and from the Temporary Easement Areas by such route within the Temporary Easement Areas as shall occasion the least practical damage and inconvenience to OWNERS. iv. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of CITY's rights pursuant to this Temporary Easement Agreement. d. Existing driveways, fences, underground drainage tile or other site features, with the exception of trees, shrubs and brush, which are removed or disturbed shall,,to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. e. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the Project, all areas within the Temporary Easement Areas which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said areas substantially to their prior condition, with the exception of the replacement of trees, shrubs and brush. 2. NAMES OF RECORD OWNERS AND HOLDERS OF LIENS AND ENCRUMBRANCERS OF THE PROPERTY. The name and address of the record owners and holders of liens and encumbrancers with respect to the property at 2403 Nevada Avenue, Iowa City, are as follows: c c - A. TITLEHOLDERS: "` ) =-4c J Melissa L. Davies r -0 Loyd R. Davies �.) 2403 Nevada Avenue -- N Iowa City, IA 52240 B. LIENHOLDERS, ENCUMBRANCERS, LEASEHOLDERS, EASEMENT HOLDERS AND OTHERS: Hills Bank and Trust Company City of Iowa City 131 Main Street 410 E. Washington Street Hills, IA 52235 Iowa City, IA 52240 3 Johnson County, Iowa Johnson County, Iowa do Johnson County Auditor do Johnson County Treasurer County Administration Building County Administration Building 913 South Dubuque Street 913 South Dubuque Street Iowa City, IA 52240 Iowa City, IA 52240 3. LANDS NECESSARY TO ACHIEVE THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR THE PROJECT. The temporary construction easement areas described and depicted in Exhibit "A" are required by the City of Iowa City for the public purpose of constructing, repairing, maintaining, and using certain street, storm sewer, sanitary sewer, and/or water main, and related public improvements to be constructed in conjunction with the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT. The City further asserts that said interests constitute the necessary minimum amount of and interests in land to achieve the purpose herein identified, and that no portion of said parcel is being acquired as an uneconomic remnant. 4. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE PURCHASE -OF THE PROPERTY. The-- 2'e2ty represents and warrants that it has undertaken the following activities in attemng`ioiegotiate the purchase of the temporary easement area in Exhibit "A" from the tom- r properly own : ` A. On October 6, 2020, the City of Iowa City adopted Resolution No. 20-234, declaring the City's intent to proceed with and authorizing the acquisition of property rights for the NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT, including the property interest identified above, and authorizing and directing the City Manager or designee, in consultation with the City Attorney's office, to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4 B. The City subsequently hired a licensed appraisal firm, Valbridge Property Advisors of Overland Park, Kansas, to appraise and determine the fair market value of the easement areas identified above to be acquired from the owners identified above. C. On April 1, 2021, the Iowa City Attorney's Office mailed to the property owners an offer to purchase the temporary construction easement, depicted and described on Exhibit "A", at the fair market value thereof, as set forth in the appraisal and as established by the City Council, together with a copy of the appraisal. The offer was also accompanied by a cover letter offering to meet with the property owners. The City Attorney's Office has attempted to communicate with the property owners several times, but the property owners have not responded. To date, the City has been unable to negotiate acquisition of the property interest described above from the owners named above. NOW, THEREFORE, pursuant to a regularly adopted resolution by the City Council of the City of Iowa City, YOU ARE HEREBY REQUESTED to appoint a Compensation Commission to appraise the damages caused by this appropriation; said Commission to consist of six commissioners who shall be residents of Johnson County, Iowa. YOU ARE FURTHER REQUESTED to give written notice to the City of Ipyva City, Iowa as soon as the commissioners have been appointed. , Dated ' 1 , 2021. c--) l _<� r* CITY OF IOWA CITY, IOWA a 7 w B ZACIAk. Augrimmol NJ Sara Greenwood Hektoen ATM520008 Assistant City Attorney 410 E. Washington Street Iowa City, IA 52240 319-356-5030 icattorneyAIowa-city.org 5 APPROVED /" `Ay cS , 2021. 011/y- • Car1/34"' Chief Judge Sixth Judicial District In accord with Iowa Code Section 6B.3(3), I, the undersigned, certify under penalty of perjury and pursuant to the laws of the State of Iowa that this Original Application for condemnation has been approved by the Chief Judge of the Sixth judicial District. Gr `it l v✓ISTCI Sara Greenwood Hektoen ATM520008 Assistant City Attorney City Iowa City, Iowa Filed in my office at Iowa City, Iowa, on , 2021. Sheriff of Johnson County, Iowa N E7 C �--- N >-(7 0,4 EXHIBIT "A11 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT N NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT _/1_ IOWA CITY,IA \l Prepared by R.Rodney Klien Anderson-Bogert Engineers&Surveyors,Inc. 4001 River Ridge Dr.N.E.Cedar Rapids,Iowa 52402(319)377-4629 a 30 NOTFS" 1. DISTANCES ARE IN FEET AND DECIMALS THEREOF. C o tJ� m 2. BEARINGS HEREON ARE BASED UPON IOWA STATE a S w PLANE NAD 83 SOUTH ZONE. �>< z PROPRIFTOR. 0- u MELISSA L. DAMES & LOYD R. DAVIES z 5 E PARCEL NUMBER: 1023407001 ¢ z °c¢ g•. o LINE TABLE LINE TABLE a- LINE BEARING DISTANCE LINE BEARING DISTANCE Lt N89'17'19"E 10.00' L6 N89'17'19"E 10.00' L2 N89'17'19"E 15.00' L7 NO0'42'4119 23.06' z L3 S00'42.41"E 34.83' L8 S89'55'31"E 15.00' M L4 N89'55'31"W 15.00' L9 S00'42'41"E 22.85' •▪ C i < L5 NO0'42'41"W 34.62' L10 S89'17'19'W 15.00' U • Z M N LAKESIDE DRIVE I (66') T , rn P.0.8. r(7 TRACT 1 EXISTING R.O.W. L1 -L2 100.00' (R) �2� 1 d7• < r r Q P.O.C. rTl a ;I'M TRACT i t� M W o o 1 z TRACT 1: 1W j O 1 I 0.01 ACRES _ (521 SQ.FTJ v �� -� `d?7. O _ .., 0. �L4 la Q o -L8- o Q CO N to 1 O I 1 TRACT 2: in in o 0 0.01 ACRES z r$ N J (344 SO.FT.) 11 OI P.O.C. ✓ u 0' TR 2 ACT 2 \ W V1C t L6 :""L10- 1 15.00' (R) FND 3/ 'Z p 5 vi "� GAS PIPE a 3 0 o6 oa P.0.8. Li TRACT 2 t`'t O EXISTING 20' z _ j UTILITY AND N CD ---r, CO DRAINAGE � w c EASEMENT 3:�-? ^ �. ,�:>". , a.) ,s->—..s ....,,,:: W E N CD r\, 0 W —1 c) Vh'N O o Legend `G rr) : , . . L , p Boundary Line _ Adjoining Lot Line — oSection Line — — �'"' 0 CP Building Setback Line JJ' VI N Found 5/8" Rebar • uJ / Set 14"x30" Rebor o ry Q a w/Orange Cap #18646 U< Set Section/Quarter Corner A < Found Section/Quarter Corner ASheet No. Measured (M) ~ Record or Temporory Construction [ I • TEMPORARY CONSTRUCTION EASEMENT EXHIBIT N NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT _ l_ IOWA CITY,IA l9 Prepared by R.Rodney Klicn Anderson-Bogert Engineers&Surveyors,Inc. 4001 River Ridge Dr.N.E.Cedar Rapids,Iowa 52402(319)377.4629 0 30 Legal Description TRACT 1: PART OF LOT 111, LAKESIDE ADDITION TO IOWA CITY, IOWA FURTHER DESCRIBED AS FOLLOWS: O m 0 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 111; j m m THENCE N89'17'19"E ALONG THE SOUTH RIGHT—OF—WAY UNE OF LAKESIDE DRIVE, 10.00 FEET TO THE H 5 w POINT OF BEGINNING; O FZ V U THENCE CONTINUING N89'17'19"E ALONG SAID SOUTH RIGHT—OF—WAY LINE, 15.00 FEET; z E u Z THENCE 900'42'41"E, 34.83 FEET; THENCE N89'55'31"W, 15.00 FEET; • a• ` THENCE N00'42'411W, 34.62 FEET TO THE POINT OF BEGINNING CONTAINING 0.01 ACRES (521 SO.FT.) MORE OR LESS SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD TRACT 2: PART OF LOT 111, LAKESIDE ADDITION TO IOWA CITY, IOWA FURTHER DESCRIBED AS FOLLOWS: Z W COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 111; M Q THENCE N89'17'19"E ALONG THE SOUTH LINE OF SAID LOT 111, 10.00 FEET TO THE POINT OF ""I Q BEGINNING; (Wj(a THENCE N00'42'41-W, 23.06 FEET; Q> THENCE 589'55'31"E, 15.00 FEET; • z M THENCE SOO'42'41"E, 22.85 FEET TO THE SOUTH LINE OF SAID LOT 111; THENCE S89'17'1919 ALONG SAID SOUTH UNE, 15.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.01 ACRES (344 SIFT.) MORE OR LESS SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD 0) 8• a rrI 0_ gA 08 " 32Om -O OQ `a � p3ULLl 30 y oe9a O a m W en ul m W 0 CD Legend CO Boundary Line Adjoining Lot Line O Section Line — — O OOi Building Setback Line• V N Found 3/4" Gas Pipe • ele / LLI Set W'o30" Reber CI w/Orange Cap #18646 Z USet Section/Quorter Corner Lt Found Section/Quarter Corner A Sheet No. Measured (El) Record (R) Or Temporary Construction MEIMINIVIIIM 2 IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) c USE IN THE NEVADA AVENUE ) '''"T c" SANITARY SEWER REPLACEMENT ) r •-'° PROJECT ) 74 C7' `7' ra Melissa L. Davies and Loyd R. Davies, ) ca -- Property Owners ) • • 'ry by the ) ORDER SELECTING AND ) APPOINTING COMPENSATION ) COMMISSIONERS AND CITY OF IOWA CITY, IOWA, ) ALTERNATIVE COMMISSIONERS ) BY THE CHIEF JUDGE OF THE Applicant. ) SIXTH JUDICIAL DISTRICT OF IOWA An Application for Condemnation having been filed with me by the City of Iowa City, Iowa for the selection and appointment,by lot, of six suitable persons as by law provided to act as a Compensation Commission to assess and appraise the damages sustained by reason of the condemnation of certain specified rights in certain land described by Applicant, in its Application filed in the above entitled matter, I hereby DESIGNATE, SELECT and APPOINT as the members of said Compensation Commission required in this matter the following persons: LICENSED REAL ESTATE BROKER/SALESPERSON 1. Brian Krueger 2. L. Terri Larson 2561 Cemetery Rd NW 1321 Goldenrod Drive Oxford, IA 52322 Iowa City, IA 52246 KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION 1. James Martinek 2. Daniel Fasse 2267 Sugarbottom Road 41 Donegal Place Solon, IA 52333 Iowa City, IA 52246 OWNERS OF CITY PROPERTY 1. Catherine Gerlach 2. Dave Parsons 3346 Tulane Avenue 103 South 7th Avenue Iowa City, IA 52245 Iowa City, IA 52240 1 I further DESIGNATE, SELECT and APPOINT the above named DANIEL FASSE to act as Chairperson of said Commission and L. TERRI LARSON is appointed to act as Alternate Chairperson in the event the appointed Chairperson is unable to serve. Pursuant to Section 6B.5 of the Code, one of the above-named Compensation Commissioners shall be subject to challenge without cause by the Applicant City of Iowa City, Iowa, and one of the above named Compensation Commissioners shall be subject to challenge without cause by the party or parties representing the ownership interest of the property being condemned. I further DESIGNATE, SELECT and APPOINT the following persons to serve as alternate members of said Compensation Commission, to serve in the event that any of the said members having the same qualifications are unable to serve for any reason or in the event any such members are stricken from the panel as by law provided: LICENSED REAL ESTATE BROKER/SALESPERSON 1. Renee Hanrahan 2. Le Ann Dunne P.O. Box 1088 NE 1408 Brookwood Drive Cedar Rapids, IA 52406 Iowa City, IA 52240 3. Bill Wittig 4. Verne Folkmann 2286 East Grantview Drive 2169 Terra Lane Coralville, IA 52241 Coralville, IA 52241 KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION 1. Nathan Mueller 2. Joshua Busard 'U2 Willow Court 2926 E. Washington St. Solon, 152333 Iowa City, IA 52245 ce) ?3 x §len*Isner 4. Michael Hensch t 199 I $mer Court 815 Pepper Drive w , IA 52246 Iowa City, IA 52240 taWNIMS OF CITY PROPERTY 1. Cindy Phillips 2. Leonard Greenwood 331 Oriole Court 908 14th Avenue Tiffin, IA 52340 Coralville, IA 52241 3. Jason Decker 4. Caroline Dieterle 1265 Curtis Bridge Rd NE 727 Walnut Street Swisher, IA 52338 Iowa City, IA 52245 I HEREBY ORDER that upon being informed of a vacancy in the compensation commission, the Sheriff of Johnson County, Iowa, shall notify Alternate Commissioners in the order above provided having the same qualifications as the person or persons unable to serve or 2 stricken from the panel, such notification to be given to Alternate Commissioners in the same manner as the original Compensation Commissioners were notified. The Alternate Commissioner first notified who is available to serve as a Compensation Commissioner shall then serve in the place of the Commissioner who was unable to serve or who was stricken from the panel. I further direct that the above named Alternate commissioners shall not be subject to challenge without cause. • I FURTHER HEREBY ORDER that the Commissioners, and such Alternate Commissioners as are hereafter selected by the Sheriff due to the absence or removal of a Commissioner, shall appear at the time and place designated for the meeting of the compensation Commission in the Notice of Meeting of Compensation Commission to Assess Damages for the Taking of property,and that prior to said meeting,the above named Commissioners and Alternate Commissioners shall not communicate with the Applicant City of Iowa City or the owner or tenant of the property being condemned regarding the condemnation of proceedings. TO THE SHERIFF OF JOHNSON COUNTY, IOWA: Attached hereto please find a duplicate of the Application for Condemnation in the above matter. Dated this a$ day of /VI y , 2021. Anderson, Chief Judge th Judicial District of Iowa Filed in my office at Iowa City, Iowa,this , 2021. Sheriff of Johnson County, Iowa r..a rn 0 N 3 IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) USE IN THE NEVADA AVENUE ) SANITARY SEWER REPLACEMENT ) PROJECT ) ) LIST OF COMPENSATION ) COMMISSIONERS AND, Melissa L. Davies and Loyd R. Davies, ) ALTERNATES APPOINTED BY Property Owners ) THE CHIEF JUDGE OF THE ) SIXTH JUDICIAL DISTRICT OF by the ) IOWA ) CITI F IOWA CITY, IOWA, ) IzAp t ) 1 CV > L) -TO: >- ^ Melissa L.Davies a ' ` Loyd R. Davies 2403 Nevada Avenue Iowa City, IA 52240 Owners of property described and depicted on the plat attached hereto as Exhibit "A", incorporated herein by this reference. An Application for Condemnation having been filed with the Chief Judge of the Sixth Judicial District by the City of Iowa City, Iowa, requesting the Chief Judge to select and appoint, by lot, six suitable persons as by law provided to act as a Compensation Commission to assess and appraise the damages sustained by reason of the condemnation of certain specified rights in the above described property owned by the above listed persons, as more particularly specified in the Application for Condemnation filed in the above entitled matter. YOU AND EACH OF YOU ARE HEREBY ADVISED that the Chief Judge has selected and appointed the following named persons to act as members of the said Compensation Commission. The person or persons above named having the fee ownership interest in said property have the right to challenge without cause one of the Compensation Commissioners so selected and appointed. The Applicant City of Iowa City, Iowa also has the right to challenge without cause one of the Compensation Commissioners so selected and appointed. Such challenge must be filed in writing with the Sheriff not less than (7) days prior to the meeting of the Compensation Commission to assess and appraise damages for the taking. COMPENSATION COMMISSIONERS APPOINTED LICENSED REAL ESTATE BROKER/SALESPERSON 1. Brian Krueger 2. L. Terri Larson 2561 Cemetery Road, NW 1321 Goldenrod Drive Oxford, IA 52322 Iowa City, IA 52246 KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION 1. James Martinek 2. Daniel Fasse 2267 Sugarbottom Road 41 Donegal Place Solon, IA 52333 Iowa City, IA 52246 OWNERS OF CITY PROPERTY 1. Catherine Gerlach 2. Dave Parsons 3346 Tulane Avenue 103 S. 7th Avenue Iowa City, IA 52245 Iowa City, IA 52240 The Chief Judge further designated, selected and appointed DANIEL FASSE to act as Chairperson of said Commission and L. TERRI LARSON is appointed to act as Alternate Chairperson. YOU AND EACH OF YOU ARE FURTHER HEREBY ADVISED that the Chief Judge has selected and appointed the following named persons to act as Alternate Commissioners and members of the said Compensation Commission. If a Compensation Commissioner is challenged, or is otherwise unable to serve on the Compensation Commission, the Sheriff is required to select an Alternate Commissioner to serve on the Commission from the following list, having the same qualification as the Commissioner who is challenged or unable to serve. An Alternate Commissioner may not be challenged without cause by either the person or persons having the fee ownership interest in the property to be condemned or by the Applicant City of Iowa City. If a person is excused from the Compensation Commission, the Applicant City of Iowa City and the person or persons representing the fee ownership interest in the property may stipulate in writing to the selection and notification of particular Alternate Commissioners who have the same qualification as the person being replaced, provided such application is filed with the Sheriff no less than seventy-two (72) hours prior to the meeting of the Commission. Absent such stipulation, Alternate Commissioners will be selected and notified to serve in..the order directed by the Chief Judge. CD ; ALTERNATE COMMISSIONERS APPOINTED LICENSED REAL ESTATE BROKER/SALESPERSON 1. Renee Hanrahan 2. LeAnn Dunne P.O. Box 1088 1408 Brookwood Drive Cedar Rapids, IA 52406 Iowa City, IA 52240 3. Bill Wittig 4. Verne Folkmann 2286 E. Grantview Drive 2169 Terra Lane Coralville, IA 52241 Coralville, IA 52241 KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION 1. Nathan Mueller 2. Joshua Busard 702 Willow Court 2926 E. Washington Street Solon, IA 52333 Iowa City, IA 52245 3. Glen Meisner 4. Michael Hensch 109 Learner Court 815 Pepper Drive Iowa City, IA 52246 Iowa City, IA 52240 OWNERS OF CITY PROPERTY 1. Cindy Phillips 2. Leonard Greenwood 331 Oriole Court 908 — 14th Avenue Tiffin, IA 52340 Coralville, IA 52241 3. Jason Decker 4. Caroline Dieterle 1265 Curtis Bridge Road, NE 727 Walnut Street Swisher, IA 52338 Iowa City, IA 52245 TAKE NOTICE AND GOVERN YOURSELVES ACCORDINGLY cv EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT EXHIBIT N NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT IOWA crry,IA ��_ Prepared by R.Rodney Klicn Anderson-Bogert Engineers&Surveyors,Inc. 4001 River Ridge Dr.N.E.Cedar Rapids,Iowa 52402(319)377-4629 0 30 DISTANCES :1. m 1. ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS HEREON ARE BASED UPON IOWA STATE PLANE NAD 83 SOUTH ZONE. i y PROPRIFTOR. 0 z `u MELISSA L. DAMES deLOYD R. DAMES x F E PARCEL NUMBER: 1023407001 QQ It 3 zI f o UNE TABLE UNE TABLE ▪ a_ LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N89'17'19"E 10.00' L6 N89'17'19"E 10.00' L2 N89'17'19"E 15.00' L7 NO0'42'41"W 23.06' Z L3 SOO'42'41"E 34.83' LB S89'55'31"E 15.00' -cr L4 N89'55'31"W 15.00' L9 SOO'42'41'E 22.85' '',< 7.1 Q L5 NO0'42'41"W 34.62' L10 S89'17'19"W 15.00' U Q > a ::J Z rr: LAKESIDE DRIVE (66') m P.0.8. M TRACT 1 $231 d EXISTING R.O.W. Ll_ —L2- 100.00' (R) •27 D • < \a el J Q P.O.C. I W _ TRACT 1 - - I J J oa N Z C N TRACT 1: o I JTOi ACRES ^ (521 SO.FT.) J �� , o I� L4 Q N CD O L8 0o < CO N O I I Lri N O TRACT 2: 0.01 ACRES rn S J (344 SO.F7.) > �g P.O.C. ✓ OZ;� -o' TRACT Y \ W 3 4 e, L6 'L10 115.00' (R) FND 3/ Z o �w 7 GAS PIPE 30 o;i T I P.0.8. 0 cr a.Q E o o EXISTING 20' TRACT 2 Z a UTILITY AND Z iii/ DRAINAGE I X ;C`.) aci EASEMENT I w �{ g Iv 0 o I --IC') O7 G O Legend r"' p Boundary Line (`,,,1 Z .., Adjoining Lot Line - - o Section Line — — ,y 0 " 0 Building Setback Line- .... N Found 5/8" Reber • N W / Set )4"x30" Rebor a Ca o w/Orange Cap #18646 G C.) Set Section/Quarter Corner A C Found Section/Quarter Corner ASheet No. Measured (M) ~ Record of Temporary Construction I I ` , TEMPORARY CONSTRUCTION EASEMENT EXHIBIT NEVADA AVENUE SANITARY SEWER REPLACEMENT PROJECT �� IOWA CITY,IA Prepared by R.Rodney Klien Anderson-Bogert Engineers&Surveyors,Inc. ` 4001 River Ridge Dr.N.E.Cedar Rapids,Iowa 52402(319)377-4629 0 30 Legal Description TRACT 1: PART OF LOT 111, LAKESIDE ADDITION TO IOWA CITY, IOWA FURTHER DESCRIBED AS FOLLOWS: 0 ro • 0 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 111; II- a THENCE N89'17'19'E ALONG THE SOUTH RIGHT—OF—WAY UNE OF LAKESIDE DRIVE, 10.00 FEET TO THE '5 N POINT OF BEGINNING; Z ua Li, u THENCE CONTINUING N8317'19"E ALONG SAID SOUTH RIGHT—OF—WAY LINE, 15.00 FEET; >. THENCE SOO'42'41"E. 34.83 FEET; ¢u Z iu THENCE N89'55'31'W, 15.00 FEET; a THENCE N00'42'41'W, 34.62 FEET TO THE POINT OF BEGINNING CONTAINING 0.01 ACRES (521 SO.FT.) MORE OR LESS SUBJECT TO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD W TRACT 2: 0 PART OF LOT 111, LAKESIDE ADDITION TO IOWA CITY, IOWA FURTHER DESCRIBED AS FOLLOWS: Z Ql COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 111; M Q THENCE N89'17'19-E ALONG THE SOUTH LINE OF SAID LOT 111, 10.00 FEET TO THE POINT OF "-7 Q BEGINNING; U Q THENCE NOG'42'41"W, 23.06 FEET; -tt > THENCE 589'55'31-E, 15.00 FEET; • Z M THENCE S00'42'41"E, 22.85 FEET TO THE SOUTH LINE OF SAID LOT 111; N THENCE S89'17'19"W ALONG SAID SOUTH UNE, 15.00 FEET TO THE POINT OF BEGINNING CONTAINING ry., 0.01 ACRES (344 SO.FT.) MORE OR LESS m-- SUBJECTJO EXISTING EASEMENTS AND RESTRICTIONS OF RECORD re a1,c 44 I dC. LL! Y u, a Lao (.1)"'- it.a N >-(.. i S ) 1 - r-" I--,4. t, s N�.— o t O W �6' N I N N 1 3 ¢3 »P./-, g 3 ;=—Q. Oi -o -C2aZF2. d' OWUuI <Z InF03 0) U a D a= U O ,`y 0 rn F C M m E 4 in In 0 0 3 Legend CO 0 Boundary Line Adjoining Lot Line — — Z O Section Line0 — — 0 a) Building Setback Line tn N Found 3/4' Gas Pipe • OL LLI -" Set ) n30" Rebar Ci Q w/Orange Cap #18646 a Z 0 Set Section/Quarter Corner A Q 5, Found Section/Quarter Corner sneer so Measured (M) ~ Record ?; Of Temporary Construction . . .. END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY GREENSTATE CREDIT UNION, ) Plaintiff, ) EQCV082558 ) vs. ) ) ACCEPTANCE OF SERVICE RITA K. LIGOCKI, ET AL., ) ) Defendants. ) Defendants Iowa City, Iowa and Iowa City Animal Control hereby acknowledge receipt of the Original Notice and Petition in Equity and hereby accept service of the documents and waive the requirement that they be personally served. Respectfully submitted, Kellie K. Fruehlin City Clerk City of Iowa City, Iowa 410 E. Washington St. Iowa City, IA 52240 • FILED Mai 2 6 2021 City Clerk Iowa City, Iowa END OF CASE FILE The IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GERI L. WHITE, Plaintiff, No. LACV082557 v. ACCEPTANCE OF SERVICE MICHAEL HARKRIDER, CITY OF IOWA CITY, CHRIS WISMAN and JOHNSON COUNTY Defendants I, Kellie Fruehling, City Clerk for the City of Iowa City, Iowa, hereby acknowledge receipt of a copy of the Original Notice and Petition at Law and Jury Demand attached hereto in this case, and hereby accept service of these documents on behalf of the City of Iowa City. I acknowledge receipt of said documents on the 3 day of -Ju/X 2021. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that this acceptance is true and correct. ,l 1 Ht D JUN - 3 2021 City Clerk Iowa City, Iowa E-FILED 2021 MAY 21 2:20 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GERI L. WHITE, Plaintiff, No. LAGV082557 v. ORIGINAL NOTICE MICHAEL HARKRIDER, CITY OF IOWA CITY, CHRIS WISMAN and JOHNSON COUNTY Defendants TO THE ABOVE-NAMED DEFENDANTS: You are notified that Petition has been filed in the office of the clerk of this court naming you as the defendant 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 Plaintiffs attorney is Martin A. Diaz, 1570 Shady Ct NW, Swisher, IA 52338. 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. Johnson County uses electronic filing through the Electronic Document Management System (EDMS). Please see Iowa Court Rules Chapter 16 for general rules and information on electronic filing. Additionally, refer to Chapter 16, division VI, regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920 ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. { -' Note: You are advised to seek legal advice at once to protect your interests. t ,; JUN - 3 2021 Page 1 of 1 City Clerk Iowa City, Iowa E-FILED 2021 MAY 24 10:00 AM JOHNSON-CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. LACV082557 County Johnson Case Title WHITE V. HARKRIDER, ET AL You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.iowa.gov/docs/ACO/CourtRulesChapter/16.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourself/protect-personal-information/. Scheduled Hearing: If you need assistance to participate in court due to a disability,call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information,see www.iowacourts.gov/for-the-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 05/24/2021 10:00:06 AM �÷4i.plsTRrP'�O 4*f i .41 `t J 7 JUN - 3 2021 District Clerk of Johnson County /s/Christine Roselund City Clerk Iowa City, Iowa E-FILED 2021 MAY 21 2:20 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GERI L. WHITE, Plaintiff, No. LACV082557 v. PETITION AT LAW AND JURY MICHAEL HARKRIDER, CITY OF IOWA DEMAND CITY, CHRIS WISMAN and JOHNSON COUNTY Defendants COMES NOW Plaintiff and, for her cause of action against these defendants, states: PARTIES 1. Plaintiff Geri L. White is a resident of Johnson County, Iowa. 2. Defendant Michael Harkrider is a resident of Johnson County, Iowa and was at all times relevant an employee of the City of Iowa City Police Department (herein "Iowa City Police"), employed as a patrol officer. 3. Defendant City of Iowa City is a governmental entity and operates the Iowa City Police Department. 4. Defendant Chris Wisman (herein "Wisman") is a resident of Johnson County, Iowa and was at all times relevant an employee of the Johnson County Sheriffs Office (herein "Sheriff's Office"), employed as a deputy sheriff. 5. Defendant Johnson County is a governmental entity and operates the Sheriff's Office. JUN W 3 2021 Page 1 of 5 City Clerk Iowa City, Iowa E-FILED 2021 MAY 21 2:20 PM JOHNSON - CLERK OF DISTRICT COURT FACTUAL ALLEGATIONS 6. On June 1, 2019, at approximately 530pm-545pm, all defendants were involved in the investigation of a single motor vehicle accident in which the driver left the scene of the accident in the vehicle involved in the accident. 7. The vehicle, a Tan Toyota FJ Cruiser ("vehicle"), was reportedly driven by a male and was tracked to Plaintiff's home in Iowa City. 8. Plaintiff was not the driver of the vehicle. 9. The vehicle was described to law enforcement as being driven at an excessive speed and with substantial damage to the vehicle, including loss of a tire. 10. At the scene of the accident, Wisman noted a beer can on the road and unused rifle ammunition in the ditch. 11. At this point, Wisman suspected that the driver of the vehicle had lost control due to the use of alcohol and had left the scene to avoid detection. 12. Deputy Wisman and many other Johnson County Deputies converged on Plaintiff's home. 13. In addition, Ofc. Harkrider and many other Iowa City Police Officers converged on Plaintiffs home. 14. Approximately ten (10) law enforcement vehicles parked their vehicles outside and near Plaintiff's home. Defendants also used a K9 dog. 15. The combined law enforcement presence then proceeded to grab their weapons, both handguns and rifles/shotguns, and established a perimeter around the house. L. 16. None of the law enforcement personnel knocked on the door. JUN - 3 2021 Page 2 of 5 City Clerk Iowa City, Iowa E-FILED 2021 MAY 21 2:20 PM JOHNSON -CLERK OF DISTRICT COURT 17. Rather, they called out to the home via public address system. 18. A District Court Associate Judge would later describe the scene as follows: The home was surrounded by uniformed officers and marked patrol cars. The officers were armed, and the video shows their weapons were not holstered. After surrounding the home, officer used the sound amplification system to call to the occupants, and, at times, pointed to the home. 19. When calling out to the home, Ofc. Harkrider stated: "Occupants of [the home], this is the Iowa City Police Department. Come to the front door. Slowly open it with your hands in the air, empty, and slowly step outside. Do it now." 20. Plaintiff then opened the front door, stepped out onto the front stoop, and was met by numerous law enforcement officers crouched behind vehicles, trees, and other objects, with their weapons trained on Plaintiff. 21. At this point, Ofc. Harkrider and Deputy Wisman ordered plaintiff to come off the front stoop, leave her home, and approach the law enforcement vehicle in the driveway of her home. 22. Initially, plaintiff refused to leave her home, asking for an explanation for the army in front of her home, but Ofc. Harkrider demanded that she leave her home and gave her a "lawful order" to do so. 23. Plaintiff complied with the "lawful order", left the front stoop, and walked to the officer's marked patrol car. 24. She then spoke with Deputy Wisman and answered his questions. 25. After she was interviewed, law enforcement disbanded its perimeter and overwhelming show of force, and plaintiff was permitted to return to her home. 26. Plaintiff was never arrested. JUN - 3 2021 Pale 3 of 5 City Clerk Iowa City, Iowa E-FILED 2021 MAY 21 2:20 PM JOHNSON - CLERK OF DISTRICT COURT 27. Plaintiff's husband was then arrested for OWI, a charge that would later be dismissed. CAUSES OF ACTION 1. Plaintiff asserts claims against all defendants for negligence, assault, and intentional infliction of emotional distress. 2. In addition, Plaintiff asserts a claim against all defendants for violation of her Iowa Constitutional rights as recognized by the Iowa Supreme Court in Godfrey v. State of Iowa. These constitutional rights include the right to freedom of movement as guaranteed by Article I, §1 of the Iowa Constitution; her right to liberty and property guaranteed by Article I, §1 of the Iowa Constitution; and her right against unreasonable seizure and to be free of excessive force guaranteed her by Article I, §8 of the Iowa Constitution. 3. Because of the acts, omissions, and constitutional violations alleged, Plaintiff has suffered from unreasonable seizure and the humiliation, mental anguish, and emotional distress of being threatened with bodily harm and being ordered to leave her home against her will; has suffered and will continue to suffer emotional distress, and the violation of her civil rights, all to her damage and detriment in amounts to be proven at trial. 4. In addition, Plaintiff seeks punitive damages against Defendants Harkrider and Wisman, in an amount that will deter them, and others similarly situated, from such conduct in the future. 5. Finally, Plaintiff seeks an award of common law attorney's fees. JUN - 3 2021 Page 4 of 5 City Clerk Iowa City, Iowa E-FILED 2021 MAY 21 2:20 PM JOHNSON -CLERK OF DISTRICT COURT 6. The governmental entities are legally liable for the actions of their officers and deputies. 7. The damages claimed exceed the jurisdictional limits pursuant to Rule 6.105 of the Iowa Rules of Appellate Procedure. WHEREFORE, Plaintiff prays for judgment against all defendants for a reasonable amount of compensatory damages sufficient to compensate her, together with punitive damages against each individual Defendant, attorney's fees and expenses, and for interest and costs as provided by law. JURY DEMAND Plaintiff hereby demands a trial by jury of all fact issues in this case. Respectfully submitted, /s/ Martin A. Diaz Martin A. Diaz 000009676 ICIS AT0002000 1570 Shady Ct NW Swisher, IA 52338 Telephone: 319.339-4350 Facsimile: 319.339-4426 E-Mail: marty(a�martindiazlawfirm.com Attorney for Plaintiff FILED JUN - 3 2021 City Clerk Page 5 of 5 Iowa City, Iowa END OF CASE FILE E-FILED 2021 JUL 07 11:55 AM JOHNSON - CLERK OF DISTRICT COURT Small Claims Form 3.1: Original Notice and Petition for a Money Judgment In the Iowa District Court for Johnson County Plaintiff(s) Jacob Todd Onken (Name) Amendment To Add Additional (Address) Defendant To Original Notice and 1048 Langenberq Ave. Iowa City, Iowa 52240 Petition for a Money Judgment (Name) (Address) SCSC099072 vs. Defendant(s) The City of Iowa City (Name) Mayor Teague: 410 E.Washington St.Iowa City,IA 52240 (Address) Metro Pavers Inc. (Name) (Address) ry ra Vs. ry Third Party Defendant(s) r— PETERSON CONTRACTORS, INC. (Name) ---; 104 Blackhawk St., Reinbeck, IA 506690155 •� '. ." (Address) .. 9 k, To Defendant(s): 1. You are notified that Plaintiff(s) demand(s) from you the amount of$4,865.00 ' plus court costs based on (state briefly the basis for the demand, not to exceed $6500): The City of Iowa City contracted Metro Pavers, Inc. ("Metro") to complete a project on McCollister Blvd.—which runs parallel with the street Plaintiff's home is located on. During the course of the project, Plaintiff's home underwent heavy vibrations as a result of the machinery used on the project. Such vibrations caused cracks in walls/ceiling and nails to bulge or pop out from Plaintiff's walls/ceiling. 2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of the Original Notice upon you. Judgment may include the amount requested plus interest and court costs. 3. You must electronically file the Appearance and Answer using the Iowa Judicial Branch Electronic Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemption from electronic filing requirements. 4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter. o'C : CA CT-lior/ - o i I 1 (COOk-� E-FILED 2021 JUL 07 11:55 AM JOHNSON - CLERK OF DISTRICT COURT 5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s). 6. You must also notify the clerk's office of any address change. FM or Attorney Jacob Onken Law firm.or entity far which RON is made,tt apphcebie 1048 Langenberg Asa,lows City,IA 52240 Willing address (319)599 9116 Telephone number onlien.jtaltotmeircorn Email address Attritional ems address,if allpiicable Q c_)'f l �. cp t k, E-FILED 2021 JUL 07 1 54 PM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. SCSC099072 County Johnson Case Title JACOB ONKEN VS METRO PAVERS INC You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System atww ._iowacoui1s.state.ia_us/Ffile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.iowa.gov/does/ACO/CourtRulesC hapter/I6.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourself/protect-personal-information/. Scheduled Heating: If you need assistance to participate in court due to a disability,call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information.see www.iowacourts.gov/tor-the-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 07/07/2021 01:54:39 PM Air f District Clerk of Johnson County �` ' d /s/Christine Roselund "`'µ" ` t eForm 3.11: Appearance and Answer of Defendant(s) In The Iowa District Court for JOHNSON County Plaintiff(s) Appearance and Answer of Defendant(s) METRO PAVERS INC JACOB TODD ONKEN Small Claim No. SCSC099072 vs. Defendant(s) If you need assistance to participate in court due to a disability.call the disability coordinator(information at CITY OF IOWA CITY www.iowa.courts.gov/Representing_Yourself/ADAAccess). Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735- METRO PAVERS INC 2942).Disability coordinators cannot provide legal advice. MAXWELL CONSTRUCTION INC PETERSON CONTRACTORS, INC Check only one of the following: The claim is denied. Parties will receive electronic notification of the hearing time and place through the Iowa Judicial Branch Electronic Document Management System (EDMS). The claim is admitted. Judgment may be entered. The claim is admitted in part in the amount of$ . Parties will receive electronic notification of the hearing time and place through the Iowa Judicial Branch Electronic Document Management System (EDMS). 1. You must electronically file your Appearance and Answer using EDMS, unless you obtain from the court an exemption from electronic filing requirements, at https://www.iowacourts.state.ia.us/Efile 2. If you electronically file, EDMS will serve a copy of this Appearance and Answer on Plaintiff(s), unless Plaintiff(s) is (are) exempt from electronic filing, or to the attorney for Plaintiff(s). The Notice of Electronic Fiing will indicate if you must mail a copy of your Appearance and Answer to Plaintiff(s). 3. You may download this form online at https://iowacourts.state.ia.us/Efile. Unless the court has granted you an exemption from electronic filing, you must scan and electronically file this Answer and Appearance form, or fill out and electronically file the online form, in accordance with Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System. /s/ /s/ Filing Defendant or Attorney Second Defendant if applicable Law firm,if applicable Law firm,if applicable Mailing address Mailing address Telephone number Telephone number Email address Email address Additional email address,if applicable Additional email address,if applicable ram"' eForm 3.11,page 1 of 1 ^=w _ t",Y . O t. END OF CASE FILE IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC ) ) Case No. EQCV079296 Plaintiff, ) vs. ) Notice of Dismissal of ) Defendant's Bankruptcy and Juan Neutze and Adriana Neutze, et al. ) Motion for Order Lifting Stay Defendants. ) Plaintiff, Carrington Mortgage Services, LLC, by and through its attorney of record, Emily Bartekoske, notifies this Court that Plaintiff intends to proceed with foreclosure in this matter. The defendant, Juan Neutze, filed a Chapter 13 bankruptcy in the United States Bankruptcy Court for the Northern District of Iowa as Case No. 19-00450-tjc on April 16, 2019. An Order of Dismissal was entered on March 11, 2020. A copy of the order is attached as Exhibit "A". Plaintiff notifies this court and defendant(s) Juan Neutze and Adriana Neutze that Plaintiff is proceeding with foreclosure in rem upon issuance of an Order from the Court lifting the stay created by Defendant's Bankruptcy filing. WHEREFORE, Plaintiff respectfully requests the Court enter an Order Lifting Bankruptcy Stay and Permitting Plaintiff to Proceed, in light of the dismissal of Defendant's bankruptcy. SouthLaw,P.C. /s/Emily Bartekoske Emily Bartekoske(AT0010255) 1401 50th Street, Suite 100 West Des Moines,IA 50266 (515)223-7325 (Ext. 369) (515)223-7276 fax) Emily.Bartekoske@southlaw.com — Attorneys for Plaintiff c•-, co r cc F Kt cooCA ��file No. 205543 UVM'I 1 1110111111011111111111 Y CERTIFICATE OF MAILING I certify that a copy of this pleading was mailed on September 1, 2021 to the following parties: Laura Hyer Bradley&Riley PC PO Box 2804 Cedar Rapids,IA 52406-2804 Parties in Possession 1927 Grantwood St Iowa City, IA 52240 City of Iowa City, Iowa c/o City Clerk for Iowa City 410 E Washington Street Iowa City, IA 52240 IFM,L.C., a/k/a PortfolioFind Management, L.C. c/o Curtis G McCormick(Registered Agent) 808 13th Street West Des Moines, IA 50265 Cach, LLC c/o Corporation Service Company 505 5th Avenue, Suite 729 Des Moines, IA 50309 L&M Accounts, Inc. c/o Larry A Vanert(Registered Agent) 4003 36th Avenue CT Moline, 1L 61265 —s C-.) CO Is/Emily Bartekoske Emily Bartekoske(AT0010255) — �- 2 File No. 205543 11111 1101 II III HIHhIflIIOUUUI Case 19-00450 Doc 38 Filed 03/11/20 Entered 03/11/20 10:08:39 Desc Main Document Page 1 of 1 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF IOWA IN RE Chapter 13 JUAN MIGUEL NEUTZE PALACIO Bankruptcy No. 19-00450 Debtor. PROCEEDING MEMO AND ORDER RE TRUSTEE'S MOTION TO DISMISS APPEARANCES: Debtor: Steve Klesner Case Trustee: Carol F.Dunbar Hearing was held on: March 10,2020 IT IS ORDERED THAT: Based upon material default in plan payments,this Chapter 13 case is DISMISSED. Dated and Entered: March 11,2020 THAD J. L 1 S CHIEF B NKRUPTCY JUDGE r • r. Y..� (r7 � pap 3 file No. 205543 111111 I III II 11111111 II I END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY RUDY MARCELINO, Plaintiff, Law No. LACV082672 vs. CITY OF IOWA CITY, ET. AL. ACCEPTANCE OF SERVICE Defendants. I, Kellie Fruehling,upon being duly sworn,depose and state that I am the City Clerk for the City of Iowa City, and that I hereby accept service for the City of Iowa City of the Original Notice,with copy of the Petition,which is pending in Johnson County,Iowa,at the courthouse in Iowa City, Iowa. •tea Kell a Fruehling, C CLE Date v Z._ smt SUBSCRIBED AND SWORN BEFORE ME on this +h day of the month Qt. , 2021. a, 7 • �Ge 70 G ',e�s CHRIST I NE O L NEY o� ,, CommissionNumber � 32 O Public z,fr * My ommssoEp Expires IO ac . CA (The (1(1/'tc_Ckris (Cook-) E-FILED 2021 JUL 09 8:17 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY RUDY MARCELINO, Plaintiff, Law No. vs. PETITION AT LAW AND JURY CITY OF IOWA CITY, ET. AL., DEMAND Defendant. COMES NOW Plaintiff, RUDY MARCELINO, by and through the undersigned attorney, and for Plaintiffs Petition at Law and Jury Demand states as follows: PARTIES 1. At all times material herein, Plaintiff Rudy Marcelino was a resident of Iowa City, IA, Johnson County, Iowa. 2. At all times material herein, Defendant, Iowa City, IA, was a municipality of Iowa. The Iowa City Police Department (hereinafter ICPD) is a department of said municipality. 3. Plaintiff is also naming the following individual officers as defendants in their private capacity for their roles in the events set forth below while they were employed by the ICPD: Dan Roth, Jessica Lakose, Keil Fuchs, Dennis Kelly. rn I`v.) /�yY may. -0 r-r, --v ry E-FILED 2021 JUL 09 8:17 AM JOHNSON -CLERK OF DISTRICT COURT VENUE 4. Venue is proper in Johnson County under Iowa Code § 616.18 as this action arises as a result of Constitutional violations and personal injuries caused by the Defendants in Iowa City, IA 52240. COMMON FACTS 5. On or about July 9, 2019, Plaintiff Rudy Marcelino made a Facebook post that caused one of his online "Facebook friends" to alert the ICPD. 6. At approximately 8:00 p.m., on July 9, 2019, Officers Roth and Fuchs responded to Plaintiff's residence. 7. Marcelino discussed the Facebook post with Officers Roth and Fuchs, who cleared the call. 8. "Moments later," according to Officer Roth, he received a call from Sgt. Sanda Trestian with the University of Iowa Police Department. 9. Officers Roth and Fuchs then contacted assistant county attorney, Michael Brennan for advice. 10. Brennan suggested the officers arrest Marcelino for Harassment in the Third degree, a simple misdemeanor, and then obtain a search warrant for Marcelino's home. 11. Officers Roth and Fuchs did not follow Brennan's advice, but related it to Sgt. Trestian. ;< 12. At no point during July 9, 2019, did the ICPD or University off Iowa Police Department have a search or arrest warrant for Marcelino. 13. The ICPD returned to Marcelino's home at around 10:30 p.m. 2 E-FILED 2021 JUL 09 8:17 AM JOHNSON - CLERK OF DISTRICT COURT 14. Marcelino was sleeping and refused to have any further interaction with the ICPD because they had already discussed the situation earlier. 15. The ICPD set-up a "perimeter," would not leave, and then began to call Marcelino's cell phone. 16. Having no other choice, Marcelino came outside on the condition that he "voluntarily" have a psych. evaluation done at UIHC's emergency department. 17. Marcelino requested to go back inside his apartment, alone, to shut off the lights. His request was denied, and Officers accompanied him back inside to turn off the lights. 18. Officers claim they smelled marijuana inside the residence. 19. UIHC Emergency Room doctors and staff indicate that Marcelino was "in custody."' 20. While at the Emergency Room, the ICPD did not give Marcelino privacy. Various portions of the ER visit were videotaped. 21. The ICPD provided information to UIHC doctors and staff. 22. UIHC doctors then treated Marcelino like an inmate, depriving him of his HIPAA rights, and accepting the ICPD's version of events, whirl apparently did not include the fact that they had cleared thy-all ri co earlier. c::D •fin 0 G'` N I Marcelino has a pending State Tort Claim pending with the Iowa Board of Appeals for the allegeilits of LjlIC µ staff. Marcelino may seek to add parties to this Petition when he has exhausted administrative remedies. cr, 3 E-FILED 2021 JUL 09 8:17 AM JOHNSON - CLERK OF DISTRICT COURT 23. The ICPD did not inform UIHC ER staff that Marcelino was not under arrest. 24. UIHC staff did not ask Marcelino questions about the Facebook post, obtain informed consent, or treat him with the standard of care expected of medical doctors. 25. UIHC Staff, apparently at the request of ICPD, attempted to force Marcelino to provide a blood and/or urine sample. 26. UIHC staff, in connection with the ICPD, refused to allow Marcelino to use the bathroom, resulting in embarrassment to him. 27. Ultimately, UIHC ER staff did not find Marcelino to require hospitalization or commitment, and they released him back to ICPD custody. 28. No civil commitment procedures were initiated against Marcelino on July 9 (or ever). 29. After the "medical examination," the ICPD arrested and charged Marcelino with "Terrorism," without an arrest warrant. Count 1: Unreasonable Search and Seizure, Art. I, Sec. 8, Iowa Constitution against the City of Iowa City. 30. Plaintiff repleads paragraphs 1-28. 31. Article One, Section Eight, of the Iowa Constitution guarantees Marcelino the right to be free from unreasonable searches and seizures. --�C) CD „< n� - " 4 c E-FILED 2021 JUL 09 8:17 AM JOHNSON -CLERK OF DISTRICT COURT 32. The City of Iowa City, through its officers, acting within the scope of their employment, violated Marcelino's rights under the Iowa Constitution when they took him into custody at his home, searched him, and invaded his privacy (search) of his medical condition at UIHC's ER, without his consent to release private health information. 33. The Iowa City Police Department, through its officers acting within the scope of their employment, should have known that no probable cause existed for an arrest, that they did not have an arrest or search warrant, and that no exceptions to the warrant requirements applied. 34. The ICPD should have known that without a warrant, and because they did not place Marcelino under arrest, they had no authority to enter his home with him to turn off the lights. 35. As a direct and proximate result of Defendant's acts, Marcelino has suffered and will suffer past and future emotional harm, anguish, anxiety, fear, depression, loss of enjoyment of life, degradation, disgrace, uncertainty, apprehensiveness, grief, restlessness, dismay, tension, unease, pain and suffering, consequential damages and actual and compensatory damages. Count 2: Unreasonable Search and Seizure, Fourth Amendment, U.S. Constitution, 42. U.S.C. § 1983 against the Officers in their Individual Capacities. ».mac-; 36. Plaintiff repleads paragraphs 1-34. - o cp r. r ; -v — cr E-FILED 2021 JUL 09 8:17 AM JOHNSON -CLERK OF DISTRICT COURT 37. At all times material hereto, ICPD Officers named in paragraph 3 were acting under color of State law. 38. The Fourth Amendment to the U.S. Constitution guarantees Marcelino's right to be free from unreasonable searches and seizures. 39. ICPD Officers named in paragraph 3 violated Marcelino's Fourth Amendment Rights by detaining him without probable cause, without a warrant, and unreasonably. 40. Defendants knew or should have known they were violating Marcelino's Fourth Amendment rights. 41. The actions of the defendants were willful, wanton, unlawful, and in gross disregard for the federally protected rights of Marcelino, justifying an award of punitive damages. 42. As a direct and proximate result of Defendant's acts, Marcelino has suffered and will suffer past and future emotional harm, anguish, anxiety, fear, depression, loss of enjoyment of life, degradation, disgrace, uncertainty, apprehensiveness, grief, restlessness, dismay, tension, unease, pain and suffering, consequential damages and actual and compensatory damages. Count 3: Conspiracies against City of Iowa City (ICPD) 43. Plaintiff repleads paragraphs 1-42 herein. 44. The Officers named in paragraph 3 conspired with UIPD Sgt. Trre4tian cc) to violate: cp r--- k +., N w; yy 6 E-FILED 2021 JUL 09 8:17 AM JOHNSON -CLERK OF DISTRICT COURT a. Marcelino's Fourth Amendment Rights and rights under the Iowa Constitution regarding unreasonable searches and seizures, b. The right to due process and the protections contained in the Iowa Code concerning civil commitment (Chapter 229), and c. Marcelino's rights to informed consent concerning medical care, the right to refuse treatment, and the right to competent medical care. 45. The Officers named in paragraph 3 conspired with UIHC medical staff to violate: a. the right to due process and the protections contained in the Iowa Code concerning civil commitment (Chapter 229), and b. Marcelino's rights to informed consent concerning medical care, HIPAA privacy rights, the right to refuse treatment, and the right to competent medical care. WHEREFORE, Plaintiff prays that the Court enter judgment against Defendants for such sums as the jury deems to fully, fairly and adequately compensate him for his damages and injuries, punitive damages in the Counts allowed by law, attorney's fees as provided by Iowa Law and 42 U.S.C. § 1983, for interest on the judgment in the maximum provided by law, for costs of this action, as well as any other relief as may be deemed just and equitable in the premises. -` c- rat c").-..c CA) • E-FILED 2021 JUL 09 8:17 AM JOHNSON - CLERK OF DISTRICT COURT JURY DEMAND Comes now, the Plaintiff, by and through his undersigned attorney, and hereby requests a trial by jury on all issues involved herein. Respectfully submitted, /s/ Dan Vondra AT0008084 Vondra Law Office PLC 745 Community Dr., Unit C North Liberty, IA 52317 (319) 438-2888 dan@vondralawoffice.com ATTORNEY FOR PLAINTIFF n r 1-11 8 END OF CASE FILE E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. ORIGINAL NOTICE SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER; SPOUSE OF SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER;HILLS BANK AND TRUST r COMPANY; BANK OF AMERICA,N.A.;CITY C OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN = co POSSESSION, Defendants. 7.— co r. TO THE ABOVE-NAMED DEFENDANTS You are notified there was on the 18 day of October ,2021 filed in the office of the Clerk of the above-named Court,a Petition,copies of which are attached hereto. Johnson County District Court utilizes the Electronic Document Management System. You are directed to the Iowa Court Rules Chapter 16 for general rules and information on electronic filing and,in particular, Division VI regarding the protection of personal information in court filings. The Plaintiff's attorney is Amy S. Montgomery,whose address is The Highland Building,4201 Westown Parkway, Suite 300, West Des Moines,Iowa 50266,Telephone: (515)288-2500,Facsimile: (515)243-0654. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter,file a motion or answer, in the Iowa District Court for Johnson County,at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If assistance of auxiliary aids or services is required to participate in court due to a disability such as hearing impaired,call the Americans with Disabilities coordinator at 319-398-3920,ext. 1105. If you are in need of dual party telephone relay services, call Relay Iowa TTY at 1-800-735-2942. IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. C:C : CPc il-,CY �c�► 2981949_L.docx I- 1 C"ook--- E-FILED 2021 OCT 18 1:54 PM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV082919 County Johnson Case Title IOWA BANKERS MORTGAGE CORP V SHANNON SCHAFER,ET AL You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.iowa.gov/docs/ACO/CourtRulesChapter/16.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourselflprotect-personal-information/. Scheduled Hearing65 < (1) If you need assistance to participate in court due to a disability,call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942).For more information,see www.iowacourts.gov/for-th.e-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 10/18/2021 01:54:12 PM iffem— District Clerk of Johnson County /s/Wendy Lonngren E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. FORECLOSURE PETITION SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER, SPOUSE OF SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER;HILLS BANK AND TRUST COMPANY; BANK OF AMERICA,N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA _ n� ACQUISITIONS V, LLC and PARTIES IN POSSESSION, r `` r, Defendants. NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS (THREE MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY) 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. #3321166 E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT COMES NOW the Plaintiff, Iowa Bankers Mortgage Corporation, and respectfully states to the Court the following as its cause of action against the Defendants: 1. The Plaintiff, Iowa Bankers Mortgage Corporation, elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property which is the subject of this action is not used for an agricultural purpose. The mortgaged property is a one-family or two-family dwelling. 2. The Plaintiff, Iowa Bankers Mortgage Corporation,is a corporation duly authorized to transact business in the State of Iowa. 3) The Defendants, Shannon A. Schafer alk/a Shannon Amelia Schafer and Spouse Co of Shannon A. Schafer a/k/a Shannon Amelia Schafer,may be a married couple and are residents of Johns County, Iowa. z The Defendant,Hills Bank and Trust Company,is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including but not limited to by virtue of one certain mortgage filed June 18, 2015 in Book 5381,Page 36 of the Johnson County Recorder's Office. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 5. The Defendant,Bank of America,N.A., is joined as a party to this action because it may claim some right,title or interest in the property which is the subject of this action including but not limited to by virtue of one certain judgment entered June 6, 2018 in LACV079612 of the Iowa District Court in and for Johnson County. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 2 E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT 6. The Defendant, City of Iowa City, is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including but not limited to by virtue of judgments entered November 19, 2019 in ICCISC096542, ICCISC096597, ICCISC096648 and ICCISC096650 of the Iowa District Court in and for Johnson County. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 7. The Defendant, Invenio Financial f/k/a PCA Acquisitions V, LLC, is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including but not limited to by virtue of one certain judgment entered February 12, 2020 in LACV081484 of the Iowa District Court in and for Johnson County. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 8. The Defendants, Parties in Possession, are made parties to this cause of action because they may claim some right,title or interest in the property which is the subject of this action due to the fact that the Plaintiff is credibly informed and believes that they may be tenants in possession of the property the subject of this cause of action. The Defendants' rights to the property which is the subject of this action are junior to the Plaintiff. 9. On or about June 1,2015,the Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer, executed and delivered to Hills Bank and Trust Company, one certain Promissory Note in the principal sum of Ninety-five Thousand Two Hundred and 00/100 Dollars ($95,200.00). A copy of the Note is attached hereto as Exhibit"A"and by this reference incorporated herein. rw) 3 E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT 10. To secure payment of the Note, the Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Hills Bank and Trust Company one certain Purchase Money Mortgage dated June 1, 2015,which Mortgage was filed on June 18, 2015, in Book 5381,Page 22 of the Johnson County Recorder's Office, upon the following-described real estate,to-wit: Lot 10,Block 1,Towncrest Addition to Iowa City,Iowa, according to the recorded plat thereof. 11. A copy of the Purchase Money Mortgage together with the Recorder's Certificate thereon is attached hereto as Exhibit"B"and by this reference incorporated herein. 12. On or about February 27, 2020, Mortgage Electronic Registration Systems,Inc. as nominee for Hills Bank and Trust Company sold, assigned and delivered to Iowa Bankers Mortgage Corporation the Note and Mortgage referred to herein as Exhibits "A"and `B". Said Assignment was in writing and recorded on March 2, 2020 in Book 6012,Page 671, records of Johnson County. A copy of said Assignment is attached hereto as Exhibit"C"and incorporated herein by this reference. f3 The Mortgage and Note is a Purchase Money Mortgage and provides that in case of default the holder may declare the entire principal and the interest accrued thereon due and payable'and the Mortgage may be foreclosed. 14. The Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer,has failed to pay the Note and interest thereon as provided by the terms of the Note. 15. By reason of the failure to pay the Note and interest,the Plaintiff has elected and does hereby elect in accordance with the terms and conditions of the Note and Mortgage to declare the whole of the Note due and payable forthwith and to exercise its right to enforce 4 E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT payment of the entire Note as provided by the Note and to foreclose the Mortgage given to secure the same. 16. The unpaid balance due on the Note after allowing all credits due to the Defendants, Shannon A. Schafer a/k/a Shannon Amelia Schafer is the sum of Eighty-seven Thousand Four Hundred Twenty-five and 92/100 Dollars($87,425.92),which is the principal balance,plus interest calculated at the default rate of 4.00%per annum from October 1,2019. Interest accrues on the said sum at the rate of$9.58 per day. 17. In order to commence this foreclosure proceeding the Plaintiff has expended title costs of$235.00, to all of which sums the Plaintiff is entitled to a judgment against the property with interest at the rate of 4.00%per annum, costs and accruing costs including but not limited to any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale,including reasonable attorney's fees. 18. The Plaintiff is the owner and holder of the Note and Mortgage,due demand has been made for payment, and payment has been refused. `. rno 19. Under the terms of the Mortgage a receiver may be appointed. -i ;;;; ''' 20. The Plaintiff gave a Notice of Right to Cure and more than thirty (30)days have elapsed since the notice was given. A copy of said Notice is attached hereto as Exhibit"I)" and incorporated herein by this reference. 21. The Plaintiff gave a Fourteen Day Demand for payment of the accelerated balance pursuant to Iowa Code Section 654.4B and fourteen(14)days have elapsed since the notice was 5 E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT given, A copy of said Notice is attached hereto as Exhibit"E"and incorporated herein by this reference. 22. The Plaintiff hereby waives their right to a deficiency judgment. 23. Under the terms of said Note and Mortgage, the Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer, agreed to pay attorney's fees and all costs in connection with the proceedi£ig to enforce or foreclose the Mortgage. Attached hereto as Exhibit"F"and incorporated herein by this reference is an Attestation of Attorney's Fees as required by Iowa Code § 625.22. WHEREFORE, the Plaintiff, Iowa Bankers Mortgage Corporation,prays for judgment in rem against the real estate described above, for the sum of Eighty-seven Thousand Four Hundred Twenty-five and 92/100 Dollars ($87,425.92),which is the principal balance, plus interest thereon at the rate of 4.00%per annum from October 1, 2019, such amount equaling$9.58 per day, the costs of this action, including title costs of$235.00,reasonable attorney's fees and additional sums for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law and that said sums be declared a lien upon the premises above described from June 1, 2015, the date of the Plaintiff's Mortgage,prior and superior to any right, title, lien or interest of the Defendants or any of them therein; that the Plaintiff's Mortgage be foreclosed;that any right,title, lien or interest of the Defendants or any of them in said property be declared junior and inferior to the lien of Plaintiff's Mortgage; that a special execution issue for the sale of the mortgaged premises or so much thereof as maybe necessary to satisfy the judgment including interest, costs, and accruing costs including but not limited to any and all advances made by the Plaintiff for taxes, insurance,property preservation and other costs 6 E-FILED 2021 OCT 18 11:34 AM JOHNSON - CLERK OF DISTRICT COURT between the time of the Foreclosure Decree and the time of Sheriff's Sale, and that from and after said sale under special execution, the right, title, lien or interest of the Defendants in and to the mortgaged premises be forever cut off,barred and foreclosed, and the purchaser at said sale take free and clear of any right, title,lien or interest of the Defendants or any of them. The Plaintiff further prays for a Writ of Possession to be issued under the seal of this Court,directed to the Sheriff of Johnson County, Iowa, commanding him to put the purchaser at said sale under special execution or a successor in interest in the possession of the premises; and that a receiver be appointed to take charge of the mortgaged premises during the period of foreclosure for the purpose of preserving the mortgaged premises for the benefit of all concerned. The Plaintiff further prays for such other and further relief as the Court may deem just and equitable under the circumstances. Amy S. o gomery (AT0011029 DENTO AVIS BROWN PC The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515)288-2500 Facsimile: (515)243-0654 Email: amy.montgomery@dentons.com ATTORNEY FOR THE PLAINTIFF 7r V E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT 1 0021 99 000OQ2fi386 9 } 111111111 Loan Number: * 3 4 a 5 9 0 a * Shannon A Schafer 1032 S Ist Ave Iowa City,IA 52240 NOTE June 1,2015 Iowa City,IOWA 1032 S 1st Ave Iowa City,IOWA 32240 (Property Address) 1.BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.S95,200.00(this amount is called"Principal"),plus interest,to the order of the Lender.The Lender is Hills Bank and Trust Company.I will make all payments under this Note in the form of cash,check or money order. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2.INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a yearly rate of 4.000%. The interest rate required by this Section 2 is the rate I will pay both before and alter any default described in Section 6(B)of this Note. i 3.PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on July 1,2015.I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note.Each monthly payment will be applied as of its scheduled due date and will be applied to interest befote Principal.If,on June 1,2045,1 still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date" I will make my monthly payments at Any of our locations or at a different place if required by the Note Holder. (B)Amount of Monthly Payments My monthly payment will be in the amount of U.S.S454.50. 4.BORROWER'S RIGHT TO PREPAY I have the tight to Make payments of Principal at any time before they are due.A payment of Principal only is known as a "Prepayment."When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I may not designate a payment as a Prepayment if I have not made all the monthly payments due Under the Note. [may make a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use lily Prepayments to reduce the amount of Principal that I owe under this Note.However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Principal amount of the Note.If I make a partial Prepayment,there will be no changes in the due date of in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT • Fonn 3200 1101 Page 1of3 5� Borrower(s)Initials J lost Ina. (Ni V✓ ty:.: F--- <y • EXHIBIT r-� E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT Loan Number01111111 MIN:100219900000263869 5.LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection With this loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6.BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will b'e 5.000%of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C)Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable attorneys'fees. 7.GIVING OF NOTICES Unless applicable law requires.a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if l am given a notice of that different address. S.OBLIGATIONS OF PERSONS UNDER THiS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 9.WAIVERS I and any otherperson who has obligations under this Note waive the rights of Presentment and Notice of Dishonor."Presentment" means the right to require the Note Holder to demand payment of amounts due."Notice of Dishonor"means the right:to require the Note Holder to give notice to other persons that amounts due have not been paid. 10.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may require immediate MULTISTATE FIXED RATE NOTE_Single Family-Fannie Mao/Freddie Mac UNIFORM INSTRUMENT Form 3200 1l01 Page 2 of 3 � Borrow �Ger{s)Initials / IDS.Ina - ---i N) r 4 Ca1 r`o E-FILED 2021 OCT 18 11:34 AM JOHNSON - CLERK OF DISTRICT COURT • • O Loan Number:Una MIN:10021990000026.3869 payment in full of all sums secured by this Security Instrument,However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seal) (Seal) Shann Schafer 11 -Borrower -Borrower (Sign Original Only) Loan originator(organization):Hills Bank and Trust Company;NMLS#:402178 Loan originator(individual):Kevin J Bachus;NMLS#:408367 Pay to the order of Iowa Bankers Mortgage Corporation Without Recourse Hills Bank and Trust Company By: LAvIL4 Kim Snyder Its; Real Estate Closing Officer By: Bfcky De ard Its: Vice President Real Estate Operations Manager PAY TO THE ORDER OF RECOURSE MORTGAGE CORPORATION BY SAE MST VICE PRESIDENT MULTISTATE FIXED RATENOTE-Single Family-Fannie MaefFraddie Mac UNIFORM INSTRUMENT Ponn 3200 t/01 Page 3 of 3 PS Inc ; 65 1414,r L.4 C.7..y E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT • 411/ Loan Number.lift ORAL AGREEMENT DISCLOSURE Date: June 1,2015 Borrower Name(s); Shannon A Schafer Property Address: 1032 S 1st Ave Iowa City,IA 52240 Lender: Hills Bank.and Trust Company 131 Main St Hills,IA 52235 800-445-5725 IMPORTANT;READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. IJWe have read the above disclosure and acknowledge receiving a copy by signing below. 6-(-($ Sha n A Schafer _-- Date Date ^,ns r...r iF 9? r\) IA Oral Agreement Disclosure Page 1 oil 2100 IDS..Inc. E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT I ff IIIIIIII IIII``NN NN� • I�IlII r�13111111UN11MI a{llull (v Doc ID: 026000490014 Type: GEN C°-) Kind: MORTGAGE 'Recorded: 06/18/2015 at 09:52:49 AM Fee Ant: $72.00 Pape 1 of 14 Johnson County Iowa Kim Painter County Recorder. BK5381 Pa22-35 WHEN RECORDED,MAIL TO: Legal Description:Lot 10,Block 1,Towncrest Hills Bank and Trust Company Addition to Iowa City,Iowa,according to the 131 Main St recorded plat thereof. Hills,IOWA 52235 Grantor(s):SHANNON A SCHAFER AKA This instrument was prepared by: SHANNON AMELIA SCHAFER,SINGLE Hannah Petersen PERSON Hills Bank and Trost Company 131 Main St Grantee:Hills Bank and Trust Company Hills,IOWA 52235 800-445-5725 Loan Numbe. PURCHASE MONEY MORTGAGE MIN: 100219900000263869 SIS Telephone#: (888)679-MERS DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument" means this document, which is dated June I, 2015, together with all Riders to this document. (B)"Borrower" is SHANNON A SCHAFER AKA SHANNON AMELIA SCHAFER, SINGLE PERSON. Borrower is the mortgagor under this Security Instrument. (C)"MERS"is Mortgage Electronic Registration Systems, Inc.MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns.MERS is the mortgagee under this Security Instrument. MERS is.organized and existing under the laws of Delaware, and has an address and telephone number of P.O.Box 2026,Flint,MICHIGAN 48501-2026,tel.(888)679-MERS. (D)"Lender"is Hills Bank and Trust Company,organized and existing under the laws of Iowa. IOWA-Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT with MERS Form 3016 1(01 Page 1 of 14 IDS,Inc Borrowers)Intials � 'WINN - -- EXHIBIT E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT • Lender's address is 131 Main St,Hills,IOWA 52235. (E)"Note"means the promissory note signed by Borrower and dated June 1,2015.The Note states that Borrower owes Lender NINETY-FIVE THOUSAND TWO HUNDRED AND NO/100 Dollars (U.S.S95,200.00) plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1,2045. (F)"Property"means the property that is described below under the heading"Transfer of Rights in the Property." (G)"Loan"means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (H)"Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower[check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ VA Rider ❑ 1-4 Family Rider ❑ Biweekly Payment Rider ❑ Other[Specify] (I)"Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (J)"Community Association Dues,Fees and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K)"Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check,draft, or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes,but is not limited to,point-of-sale transfers,automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (L)"Escrow Items"means those items that are described in Section 3. (M)"Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5) for:(i)damage to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property;(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (N)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (0)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note, plus(ii)any amounts under Section 3 of this Security Instrument. (P)"RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. § 2601 et seq.)and its implementing regulation,Regulation X(12 C.F.R.Part 1024),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan" even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. IOWA-Single Famiy-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT with MERS Form 30161/01 Page 2 of 14 ios,in Borrower(s)Initials Cr C`) l` (N) Fria coCh.) E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT tr (Q)"Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower irrevocably mortgages,grants and conveys to MERS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS,with power of sale,the following described property located in the County of Johnson: Lot 10,Block 1,Towncrest Addition to Iowa City,Iowa,according to the recorded plat thereof. Parcel ID Number:1013329005 which currently has the address of: 1032 S 1st Ave Iowa City,IOWA 52240, ("Property Address"): TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument,but, if necessary to comply with law or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including,but not limited to,releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal,Interest,Escrow Items,Prepayment Charges,and Late Charges.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note.Borrower shall also pay funds for Escrow Items pursuant to Section 3.Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a)cash;(b) money order, (c)certified check, bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not • IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 161101 Page3of14 IDS Inc Sorrower(s)Initials 5- ¶, ♦1 l Y 1 C V C'4 MJ E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT • obligated to apply such payments at the time such payments are accepted.If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current,If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure.No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note; (b)principal due under the Note;(c)amounts due under Section 3.Such payments shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full.lb the extent that any excess exists alter the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Not;until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property, if any;(c)premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called"Escrow Items."At origination or at any time during the term of the Loan,Lender may require that Community Association Dues,Fees and Assessments,if any,be escrowed by Borrower,and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver; and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. IOWA-Single Family-Fannie Mao/Freddie Mac UNIFORM INSTRUMENT with MERS Form 30181/01 Page 4 of 14 5 IDS, no Borrower(s)Initials ✓' r-..a tia tV f.,..i t m a co C..) r\.? E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property, if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien,Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4, Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not limited to,earthquakes and floods,for which Lender requires insurance.This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require Borrower to pay,in connection with this Loan,either(a)a one-time charge for flood zone determination,certification and tracking services;or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower faits to maintain any of the coverages described above,Lender may obtain insurance coverage,at Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity IOWA-Single Family•Fannie MaelFreddle Mac UNIFORM INSTRUMENT with MERS Form 30161/01 Page ti of 14 c ros,me Borrower(s)Initials ,7 0'; GJ •4V.) Fez:-C U) CD r-a • E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT in the Property, or the contents of the Property,against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,upon notice from Lender to Borrower requesting payment, All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lender,for damage to,or destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds.Fees for public adjusters,or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any, paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given.In either event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property,Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6.Occupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property.Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition.Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to,or the taking of, the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released IOWA.Single Family-Fannie Mao/Freddie Mac UNIFORM INSTRUMENT with MERS FormeriS 1101 Page 6 of 14 IDS,Inc Borrower(s)Initials �., 4 t�a7 E-FILED 2021 OCT 18 11:34 AM JOHNSON - CLERK OF DISTRICT COURT . . proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may inspect the interior of the improvements on the Property.Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument; (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations); or (c) Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include,but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument;(b)appearing in court;and(c) paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes,but is not limited to, entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes, eliminate building or other code violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect.Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve shall be non- refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained,and Lender requires separately designated payments toward the IOWA-Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT with MERS Form 30161/01 Page 7 of 14 Q C nS,Ine Borrower(s)Initials ,,J J• (- ter. co CD t `^ r CNJ , C) C:} trl ca ev E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive (directly or indirectly)amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any ether terms of the Loan,Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b)Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11.Assignment of Miscellaneous Proceeds; Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any, paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market IOWA-Single Family-Fannie MaelFraddle Mae UNIFORM INSTRUMENT with MERS Form 3gt61/01 Page 8of14 IDS.Inc Borrower(s)Initials 61) J r--a l._,I ;,;a 7- - e 0rr co C.7 • E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT • value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or criminal, is begun that,in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12.Borrower Not Released; Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability;Co-signers;Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument.Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but not limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees,the IOWA-Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT with MERS Form 30161/01 Page()of14 G. IDS,wt Borrower(s)Initials . E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16, Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract.In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include the plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18.Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18,"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which • IOWA•Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 301E 4101 Page 10of14 Lj . IDS,Inc Borrower(s)Initials 49' E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT • • Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19.Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower: (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and (d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender:(a)cash;(b)money order,(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d) Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other parry's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde,and radioactive materials;(b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 30161t01 Page 11 of 1a (� IDS,Inc Borro+aer(s)India Is 1 C'' 4a� t0 _ CV _C_3 C._t ti r•u E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT defined in Environmental Law;and(d)an"Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances, or threaten to release any Hazardous Substances,on or in the Property,Borrower shall not do,nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition; or(c)which,due to the presence, use, or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, haiardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (b) any Environmental Condition, including, but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or regulatory authority,or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default Is not cured on or before the date specified in the notice,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,including,but not limited to,reasonable attorneys'fees and costs of title evidence. 23.Release.Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument.Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24.Waivers.Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property.Borrower waives any right of exemption as to the Property. IOWA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT with MERS Form 30161/01 Page 12 of 14 5 IDS,Inc Borrower(s)Initials } ---4 ter, Yx. . s_, C7 co -- •. (.) E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT 25.HOMESTEAD EXEMPTION WAIVER.I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT BY SIGNING THIS MORTGAGE,I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. S( eaI) (Seal) Sh n A Scha -Borrower -Borrower 26. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 6 months.If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. IOWA-Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT with MERS Form 3010 1/01 Page 13of14 it im OD .. :4.] CV I— I-- � .._-•> CD ca rw E-FILED 2021 OCT 18 11:34 AM JOHNSON - CLERK OF DISTRICT COURT • BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: -Witness -Witness (Seal) (Seal) S on A Sc fer -Borrower -Borrower STATE OF IOWA,Johnson County ss: On this 1st day of June,2015,before me,a Notary Public in the State of Iowa,personally appeared Shannon A Schafer, to me personally known to be the person(s)named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their voluntary act and deed. My Commission Expires:November 19,2016 ICSVIN J.BACI;U3 O nm bolant Number 159449 Not Public and for said County and State Kevin J Bachus Loan originator(organization):Hills Bank and Trust Company;NMLS#:402178 Loan originator(individual):Kevin J Bachus;NMLS#:408367 IOWA-Single Family-Fannie Mae(Freddle Mac UNIFORM INSTRUMENT with MERS Form 30101f01 Page 14 of 14 iDS,Inc C"..S `i r-) 171 c�:a E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT ' 11111111111111111111111111 aiaooreled: 03/02/2020 at 10:50181 An Fee Am't: $7.00 Pane 1 of 1 'Johnson County Iowa Kim Painter County Rsoorder inc6012 PG671 • l 2.A • ASSIGNMENT OF MORTGAGE Lender Loan Number: MIN:100219900000263869 MERS Phone:1-888-679-6377 Prepared By•an.a Rotth To:Abby Kooker,Iowa Bankers Mortgage Corporation,address:8800 NW 62"d Avenue, Zdluu ton,IA 5013.1,tel;+ho:515-286-4393. FOR VALUE.ECEIV$D,Mortgage Electronic Registration Systems,Inc.("MERS")assigns and transfers to IOWA BANKERS MOItTC1406CORPORA770N,its successors and assigns,ail its right,title and interest in and to a certain 4nortgage executed by Shannon A Schafer AKA Shannon Amelia.Schafer,Single Person,and bearing the date of the j day of June A.D.2015 and recorded on the,[ day of June A.D.2015 in the office of the Recorder of.)6hnsbn County,State of Iowa in 13ook,Volume,or Liber No.5381,at Pages 22-35(or as No. Lot 10,Block 1,Towncrest Addition to Iowa City,Iowa,according to the recorded plat thereof. Signed on the 27a day of February,2020. :3•;,�`1, GE L('C' .df., / Mortgage Electronic Registration Systems,Inc.("MERS") Q, 7' Q mod+ 0. 73 . t /a,(1,1,11n ..-p•i. ' `,j, ,§.t''!r�_..: Ang auks,Assistant Secretary k^l' On/the 27 day of gcixuary A.D.2020,before me,a Notary Public,personally appeared Angela Shanks to me known,who being duly sworn,did say that she is the Assistant Secretary of Mortgage Electronic Registration Systems,Inc.,and that said instrument was signed on behalf of said corporation. .Quo Sh nnn Fisher,Notary Public tY\ C'., - Sheynna Fisher Iowa Notarial Seal CD _- fi) Commission number 798141 ---_ C2 rev commission Exoires 03179/2021 ,,_. .i C\i -C_) L.) - CD ' EXHIBIT b C E-FILED 2021 OCT 18 11:34 AM JOHNSON - CLERK OF DISTRICT COURT IOWABANI(ERS MORTGAGE CORPORATION December03,2020 Shannon A Schalbr 1032 S 1st Ave Ill k Iowa City IA 52240 11111 Jill t CERTIFIED MAIL NUMBER ?018 1830 0000 87411 8698 Regarding Note and Deed held by Iowa Bankers Mortgage Corporation { y" fV . Secured by property located at. 1032 S 1st Ave r— ims City,IA 52240 FT; ^ a ltc: Loan ID#: C:7: 1 " Dear Borrower: W c..y Your loan is in default as a result of your breach of the Note and Security Deed referenced above The Security Deed provides that the lender must give certain notice to the burrower prior to acceleration and that the lender shell be entitled to collect all reasonable costs incurred in pursuing the remedies provided. As the lender,we hereby give you notice of the following: I. Said Note and Security Deed are in default as a result of your failure to make the monthly payments. Our records indicate that your account is past due for l 1/112019 and subsequent payments. 2. To cure the default,you must pay the past due installments(plus accrued interest,late charges.and other authorized expenses)in the total amount of 10,830.92. 3. You must cure the default on or betore Saturday,Janu aiy02.2021(30 days from the date this later is sent or if the dale falls on a Saturday,Sunday or a national holiday,by the next business day). 4. Your failure to cute the default on or before the dale specified in Paragraph No 3 above,may trsuk in acceleration of the sums secured by said Security Deed,and a foreclosure sale of your property,as well as other remedies available to the lender. 5. You have the right to reinstate the loan after acceleration,in accordance with the teals of the Note and Security Deed 6. You have the right to bring a court action to assert the non-existence of a default or any other legal defixr a to acceleration and sale. All funds must be in the form of a cashier's check or etatified funds. We have the right to reject tender of less sham the full amount necessary to bring your loan current We may report information about your account to credit bureaus Late payments,missed payments, or other defaults on your account may be reflected in your credit report If you do not pay the amount specified above by the date indicated,the lender has the right to demand immediate payment in full of all sums secured by the Security Deed without further demand and may invoke the power of sale granted by you and any other remedies permitted by applicable law. BE OOVF,R.NlD ACCORDINGLY. Sincerely; lnwa Bankers Mortgage Corporation 8800 NW 62nd Ave PO Box 6220 Johnston,lA 50131-6220 1-800-873-9667 COPY ALSO SENT BY REGULAR MALL If yt1Y&recurrently in a bankruptcy proceeding,or have previously obtained a discharge of this debt under applicable bankruptcy law, this notice Is for Information Only rld jt• t eft l5t -'ljopt 1� d 4p ent.or an attempt to impose personal liability for that deebt. You are n t t is& Lr n -& ►into a loan modification or other lomrassistance program. You should consult with your bankruptcy attorney or other advisor about your legal rights and options 8800 NW 62nd Avenue'PO Box 6220 NMLS ID#1413 /\ Johnston,Iowa 50131-6220 www.nmisconsumeraccess nrg CC 515-286-2909I 800-873.966r 1 SIS 206-4210'-" DIM Licensee•n Nissoe;ri en IBMC Mortgage Corporation 4BL?En EXHIBIT — . 25 -FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT DENTONS DAVIS BROWN Dentons Davis Brown PC The Highland Building Cr; 4201 Westown Pkwy,Suite 300 C=- West Des Moines,A 50266 United States dentons.com (Ni i Shannort-A. Schafer 1032 S 1st Avenue Iowa City, IA 52240 September 28,2021 RE: Iowa Bankers Mortgage Corporation Loan Number: Property Address: 1032 S 1st Avenue,Iowa City, IA 52240 Dear Shannon A. Schafer: Iowa Bankers Mortgage Corporation has turned its file over to me for foreclosure of the above- referenced loan. The name of the creditor is Iowa Bankers Mortgage Corporation. The undersigned on behalf of the creditor hereby demands payment of the full balance due in fourteen (14) days in accordance with Iowa Code Section 654.4B. The amount due as of June 30,2021, is $100,612.98. If you will be paying the loan in full,please contact me for the exact amount before sending funds. Attached hereto is a Counseling and Mediation notice as prescribed by the Iowa Attorney General and as required by Iowa Code Section 654.4B paragraph two. If you have filed a bankruptcy action and have received a discharge,the indebtedness described in this letter will be enforced only against the mortgaged property and no personal judgment will be sought against you. If you are active-duty military, please contact the undersigned immediately. You are further advised that unless you notify the undersigned within thirty days of your receipt of this notice that you dispute the validity of the amount owed Iowa Bankers Mortgage Corporation or any portion thereof,the debt will be assumed to be valid. The undersigned is a debt collector attempting to collect a debt, and any information obtained will be used for that purpose. However, if you have received a discharge,and the loan was not reaffirmed in the bankruptcy case,Iowa Bankers Mortgage Corporation will only exercise its right as against the Davis Brown Is East African Law Chambers►Eric Sliwamba,Jatasi&Linyama Is Durham Jones&Pinegar Is LEAD Advogados► Rattagan Macchiavello Arocena 0-Jimenez de Arechaga Viana&Brause is Lee International►Kensington Swan Is Bingham Greenebaum► Cohen&Grigsby►Sayarh&Menjra►Larrain Rencoret P.For more information on the firms that have come together to Form Dentons, go to dentons.comflegacyfirms EXHIBIT #3318044 E-FILED 2021 OCT 18 11:34 AM JOHNSON - CLERK OF DISTRICT COURT 711.DENTONS DAVIS BROWN September 28,2021 dentons.com Page 2 property and is not attempting any act to collect the discharge debt from you personally. Please note the following provisions of the Fair Debt Collection Practices Act: (a) If the consumer notifies the debt collector within the 30-day period that the debt,or any portion thereof, is disputed,the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; (b) If the consumer requests,upon the consumer's written request,within the 30-day period,the name and address of the original creditor,the debt collector will provide the consumer with the name and address of the original creditor if different from the current creditor; and (c) The debt collector shall cease collection of the debt or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor if different from the current creditor. Although we have requested that you make full payment within 14-days or provide a reason for nonpayment,you still have the right to make a written request,within thirty days of your receipt of this notice, for information about the debt. Your rights to make a written request to validate the debt are described above. If you would like to discuss alternatives to foreclosure including reinstatement or payoff of your loan,please contact Iowa Bankers Mortgage Corporation at 515-286-4300 or 1-800-532-1423. Very truly yours, 04,1 W7 Amy S. Montgomery Attorney at Law Dentons Davis Brown PC rti --'C~ Q C) ^ N) +77 �a 3 rW' E-FILED 2021 OCT 18 11:34 AM JOHNSON - CLERK OF DISTRICT COURT . , n.. Mortgage Mediation Notice j- a You are receiving this notice because (1) your lender believes E`, that your mortgage is seriously delinquent, or (2) a foreclosure 3 Ai: petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. l�i: : r t R' l H.^. f' 1. f ,-;,-.) ::.,--_,-, .-. L O. 1.+ U $t ) r,b- E,yc"Y 4. f✓ t r`' F,�Cf j1`,'� k :Y (•c.:4 4"t tip:.•-L ii( ..�F•.r..:/i _.. is L K `�' Iowa Mortgage Help offers all Iowans access to free, confidential mortgage counseling with local organizations located right here in `k. Iowa. Iowa Mortgage Help is here to assist you in working through 4. your situation. r $''!.,.sf Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen k.t to your situation and offer free, confidential advice through each > .c step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. t": The fact that a foreclosure petition may be or has been filed against ,> you does not necessarily mean that you will lose your house. It is NOT too fate. There is still time for help. t‘ Do Not Delay. This may be your best chance to save your home from foreclosure. • Call 1-877-622-4866 today or go to lowaMortgageHelp.com. G` r This free call could save your home. :) • i.,,i ;1 , Iowa Mortgage Help 1-877-622-4866 ? „ 1.. www.lowaMortgageHefp.com E - C:7 N This notice is being provided as required by Iowa Code section 654.4B(2). E-FILED 2021 OCT 18 11:34 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. CORPORATION, Plaintiff, vs. ATTORNEY'S FEE ATTESTATION SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER; SPOUSE OF SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER; HILLS .-. BANK AND TRUST COMPANY; BANK OF AMERICA,N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA _ , c ACQUISITIONS V, LLC and PARTIES INS POSSESSION, CD Defendants. STATE OF IOWA ) ) ss: COUNTY OF POLK ) I, Amy S. Montgomery,being first duly sworn on oath,hereby depose and state that I am a member of the firm of Dentons Davis Brown PC, the attorneys for the Plaintiff in the above- entitled cause; that I have read the foregoing Petition and am familiar with the contents thereof, and the allegations contained therein are true as I verily believe. I further depose and state that I am a regularly practicing attorney in the Courts of the State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action; that there has been no agreement, EXHIBIT "F" 2981949_1.docx E-FILED 2021 OCT 18 11:34 AM JOHNSON -CLERK OF DISTRICT COURT express or implied between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division or sharing of the attorney's fees prayed for herein. Amy . n ornery I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. I 0/512W4 Date t Amy S ntgome cY t.D CD 2 END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR SHANNON A. SCHAFER A/K/A SHANNON DEFAULT AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, Defendants. TO: City of Iowa City c, c/o City Clerk 410 E. Washington Street Iowa City, IA 52240 °••' (Last Known Address) DATE OF NOTICE: December 2, 2021 (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. CC : ( Fti� Cook_ (C A )-71-10;1 t--on (CA) 1)Ac.Ckris #I550163 4 Ab kdO Amy S. U.ornery ATO 3 1029 The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515) 288-2500 Facsimile: (515)243-0654 Email: amy.montgomery@dentons.com ATTORNEY FOR THE PLAINTIFF IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: 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. 1105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) r-,.a C .`, C I dV 2 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. DISMISSAL OF DEFENDANT SPOUSE OF SHANNON A. SCHAFER A/K/A SHANNON A. SCHAFER A/K/A SHANNON SHANNON AMELIA SCHAFER AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, C "" N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, - I LLC and PARTIES IN POSSESSION, ; .:' ' Defendants. _ : fv y N) COMES NOW the Plaintiff, Iowa Bankers Mortgage Corporation, and hereby voluntarily dismisses Spouse of Shannon A. Schafer a/k/a Shannon Amelia Schafer as party Defendant to this action without prejudice. The Return of Service - Diligent Search filed November 5, 2021 states that the Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer, was not married at the time of service. Amy S ntgomery Dentons Davis Brown PC The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: amy.montgomery@dentons.com Ciro C o ATTORNEY FOR PLAINTIFF Cc A)`Thc er.--+p r'1 Cam) kris4-) Iowa Bankers Mortgage Corporation v.Shannon A.Schafer a'k'a Shannon Amelia Schafer,et al.EOCV082919 COPIES TO: Bank of America,N.A. City of Iowa City R.A.: CT Corporation System c/o City Clerk 400 E.Court Avenue 410 E. Washington Street Des Moines, IA 50309 Iowa City, IA 52240 Invenio Financial f/k/a PCA Acquisitions V, LLC Parties in Possession 1002 Justison Street 1032 S. 1st Avenue Wilmington. DE 19801 Iowa City, IA 52240 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective address s disclose¢¢,, on the pleadings on / o?l ,20atby: -T7LU.S.Mail 0 EDMS ❑Hand Delivered 0 Other: Signature: to d -I COPIES TO: Shannon A. Schafer a/k/a Shannon Amelia Schafer Lewis Field Appearing Pro Se Attorney for Hills Bank and Trust Company PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses gliscloseA on the pleadings on (a , by: ❑ U.S.Mail *EDMS ❑Hand eliyered tp Other: Signature: � Ag " -, r• tJ c.) C I ast +.0 • rV ....t Iowa Bankers Mortgage Corporation v.Shannon A.Schafer a'k'a Shannon Amelia Schafer.et al.E0Cf'082919 END OF CASE FILE r i f E -m.. i...n.� IN THE IOWA DISTRICT COURT FOFa. Q UNTY RA IOWA BANKERS MORTGAGE EQUITY Na, Qcy; 2219 CORPORATION, Plaintiff, PLAINTIFF'S MOTION PURSUANT TO RCP 1.981 FOR SUMMARY vs. JUDGMENT SHANNON A. SCHAFER A/K/A SHANNON AND AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, APPLICATION FOR ENTRY OF N.A.; CITY OF IOWA CITY; INVENIO DEFAULT PURSUANT TO RCP 1.972 FINANCIAL F/KJA PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, AND Defendants. MOTION PURSUANT TO RCP 1.973 FOR DEFAULT JUDGMENT (Request for Oral Hearing) COMES NOW the Plaintiff, Iowa Bankers Mortgage Corporation, and respectfully states to the Court the following in support of its Motion for Summary Judgment, Application for Entry of Default and Motion for Default Judgment: 1. The Defendants, Shannon A. Schafer a/k/a Shannon Amelia Schafer and Hills Bank and Trust Company (herein referred to as Appearing Defendants),have heretofore filed their Appearance and Answer herein. 2. The Appearing Defendants have failed to raise in their pleadings any genuine issues of material fact for trial. CC : Ca ( r is rni'o &) T= ( Coo, _a (-44 c-ChrIC-41) #3336 A 3. A written demand has been filed to delay the sale by the Defendants and the mortgaged property is not used for an agricultural purpose and is a residence and is a one-family or two-family dwelling. 4. There exist no issues of material fact that would preclude the grant of summary judgment in favor of Plaintiff against all of the Appearing Defendants. 5. Plaintiff is entitled to judgment in its favor as a matter of law for the relief,,squghl,.'.,: in the Foreclosure Petition. ==+c7. -`' 6. Plaintiff submits herewith its Statement of Undisputed Material Facts,; c? w Memorandum Supporting this Motion for Summary Judgment,the Affidavit of its represenhative, and its Application for Attorney's Fees; the contents of which are incorporated herein by this reference as further support of its entitlement to judgment in this foreclosure proceeding as a matter of law. 7. The Defendant, Bank of America,N.A., was duly served with an Original Notice and Petition in the instant suit on 11/4/2021 as evidenced by Proofs of Service of Original Notice on file with this Court. Pursuant to Rule 1.303 of the Iowa Rules of Civil Procedure the responsive pleadings of the Defendant was due on 11/24/2021. 8. The Defendant, City of Iowa City,was duly served with an Original Notice and Petition in the instant suit on 10/26/2021 as evidenced by Proofs of Service of Original Notice on file with this Court. Pursuant to Rule 1.303 of the Iowa Rules of Civil Procedure the responsive pleadings of the Defendant was due on 11/15/2021. 9. The Defendant, Invenio Financial f/k/a PCA Acquisitions V, LLC,was duly served with an Original Notice and Petition in the instant suit on 10/28/2021 as evidenced by 2 Proofs of Service of Original Notice on file with this Court. Pursuant to Rule 1.303 of the Iowa Rules of Civil Procedure the responsive pleadings of the Defendant was due on 11/17/2021. 10. The Defendant, Parties in Possession, was duly served with an Original Notice and Petition in the instant suit on 11/1/2021 as evidenced by Proofs of Service of Original Notice on file with this Court. Pursuant to Rule 1.303 of the Iowa Rules of Civil Procedure the responsive pleadings of the Defendant was due on 11/21/2021. 11. The Defendants, Bank of America,N.A., City of Iowa City, Invenio Financial f/k/a PCA Acquisitions V, LLC and Parties in Possession, were served with NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR DEFAULT pursuant to IRC 1.972(2)(a) by sending such Notice by ordinary mail to the last known address of the party claimed to be in Default and the parry's attorney, if known, as evidenced by Exhibits attached hereto and more than ten(10) days have passed since the sending of such notice. f 12. The Defendants have failed to serve and file responsive pleadings in this-rhatter qs evidenced by the attached Affidavit of Court Calendar Search. 1 13. The Plaintiff is entitled to the Entry of a Judgment in this case by virtue of'the Defendants' default. 14. The Plaintiff has filed the appropriate Affidavit of Identity of Defendant, Affidavit of Nonmilitary Service and an Affidavit of Lien. WHEREFORE,the Plaintiff, Iowa Bankers Mortgage Corporation,prays for judgment against the property the subject of this action, for the sum of Eighty-seven Thousand Four Hundred Twenty-five and 92/100 Dollars ($87,425.92)plus interest thereon at the rate of 4.00% per annum from October 1, 2019 at the rate of$9.58 per day; and the sum of$235.00 for report 3 t 1 of title, $90.92 for late charges, $5,384.63 for escrow advances, and the costs of this action including reasonable attorney's fees of$2,450.00, and that said sums be declared a lien upon the premises above described from June 1, 2015, the date of the Plaintiff's Mortgage, prior and superior to any right, title, lien or interest of the Defendants or any of them thereon,that the Plaintiff's Mortgage be foreclosed; that any right,title, lien or interest of the Defendants or any of them in said premises be declared junior and inferior to the lien of the Plaintiff's Mortgage; that a special execution issue for the sale of the mortgaged premises or so much thereof as may be necessary to satisfy the judgment, including interest, costs and accruing costs, and that from and after the sale under special execution the right, title, lien or interest of the Defendants in and to the mortgaged premises be forever cut off, barred and foreclosed and the purchaser at said sale take free and clear of any right,title, lien or interest of the Defendants or any of them. The Plaintiff further prays that a writ of possession be issued under the seal of this court directed to the Sheriff of Johnson County, Iowa, commanding him to put the purchaser at said sale under special execution or his successor in interest into immediate possession of 44 premises, pursuant to Section 654.20. The Plaintiff further requests an oral hearing in this matter. ..= - ` co �J �F L1 4 A r fn ``, Amy S. IP!ntgomery (AT00 029) DENTONS DAVIS BROWN PC The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515)288-2500 Facsimile: (515)243-0654 Email: amy.montgomery@dentons.com ATTORNEY FOR THE PLAINTIFF, Iowa Bankers Mortgage Corporation C.:> ( } rri 1- 5 E IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR SHANNON A. SCHAFER A/K/A SHANNON DEFAULT AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INNVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, Defendants. TO: • Bank of America,N.A. R.A.: CT Corporation System --r} 400 E. Court Avenue Des Moines, IA 50309 (Last Known Address) DATE OF NOTICE: December 2, 2021 (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. EX BIT #1550163 4 • II Amy S. le) tgomery :T00110 ti The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: amy.montgomery@dentons.com ATTORNEY FOR THE PLAINTIFF IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: 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. 1105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) r..o ,., Cn) 2 i IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR SHANNON A. SCHAFER A/K/A SHANNON DEFAULT AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, Defendants. TO: City of Iowa City s; c/o City Clerk 7 410 E. Washington Street '. Iowa City, IA 52240 .-} ry (Last Known Address) DATE OF NOTICE: December 2, 2021 c (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. #1550163 r 4101 Amy S. •ilit;ornery AT0 1029 The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: amy.montgomery@dentons.corn ATTORNEY FOR THE PLAINTIFF IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: 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. 1105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) r:,µ.t ""h `„ ) N,) 2 , IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR SHANNON A. SCHAFER A/K/A SHANNON DEFAULT AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, Defendants. TO: • rri Invenio Financial f/k/a PCA Acquisitions V, LLC 1002 Justison Street ' Wilmington, DE 19801 • (Last Known Address) s W DATE OF NOTICE: December 2, 2021 (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. #1550163 e Amy S. M+ gomery A 01102 The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: amy.montgomery@dentons.com ATTORNEY FOR THE PLAINTIFF IMPORTANT YOU ARE ADVISED TO SEEK LEGAL'ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: 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. 1105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) r».a .,. +"'r1 C'"F gym. J rw 9 ' C.A) 2 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR SHANNON A. SCHAFER A/K/A SHANNON DEFAULT AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, Defendants. TO: Parties in Possessionrri 1032 S. 1st Avenue Iowa City, IA 52240 (Last Known Address) r , • DATE OF NOTICE: December 2, 2021 c.a (Date of Mailing) ` IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. #1550163 4 At Amy S. tgomery A' 1011029. The High . d Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: amy.montgomery@dentons.com ATTORNEY FOR THE PLAINTIFF IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: 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. 1105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) 2 COPIES TO: Shannon A. Schafer a/k/a Shannon Amelia Schafer (EDMS) Lewis Field Attorney for Hills Bank and Trust Company (EDMS) Bank of America,N.A. R.A.: CT Corporation System 400 E.Court Avenue Des Moines, IA 50309 City of Iowa City c/o City Clerk 410 E. Washington Street Iowa City, IA 52240 Invenio Financial f/k/a PCA Acquisitions V, LLC 1002 Justison Street Wilmington, DE 19801 Parties in Possession 1032 S. 1st Avenue Iowa City,IA 52240 PROOF OF SERVICE The undersigned certifies that the foregoing instrument • was served upon all parties to the above cause to each of r✓ the attorneys of record herein at their respective -) addresse isclose on the pleadings on / " 60 ,20 (by: a ray .S.Mail ❑ FAX k' d ❑Hand Delivered 0 Overnight Courier ❑Federal ExpressEDMS „ , Signature: .1Q9.0 AlJAj1Y' #1011317 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, PLAINTIFF'S STATEMENT OF UNDISPUTED MATERIAL FACTS vs. SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, t '� N.A.; CITY OF IOWA CITY; INVENIO , FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, ""' ' Defendants. COMES NOW the Plaintiff, Iowa Bankers Mortgage Corporation, and respectfully states to the Court the following in support of its Statement of Undisputed Material Facts: 1. On or about June 1, 2015, Shannon A. Schafer a/k/a Shannon Amelia Schafer made, executed and delivered to Hills Bank and Trust Company one certain Promissory Note in writing for the sum of Ninety-five Thousand Two Hundred and 00/100 Dollars ($95,200.00). A copy of the Note is attached as Exhibit"A"to the Plaintiff's Petition on file herein. 2. To secure the payment of the Note,the Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Hills Bank and Trust Company one certain Mortgage in writing dated June 1, 2015, which Mortgage was filed June 18, 2015, said Mortgage being upon certain real estate located in Johnson County, Iowa,to-wit: #3336248 Lot 10, Block 1, Towncrest Addition to Iowa City, Iowa, according to the recorded plat thereof. 3. The Mortgage dated June 1, 2015 was recorded on June 18, 2015 in Book 5381, Page 22 of the Johnson County Recorder's records. 4. A copy of the Mortgage together with the Recorder's certificate thereon is attached as Exhibit"B"to the Plaintiff's Petition on file herein. 5. On or about February 27, 2020, Mortgage Electronic Registration Systems,Inc. as nominee for Hills Bank and Trust Company sold, assigned and delivered to Iowa Bankers; Mortgage Corporation the Note and Mortgage referred to herein as Exhibits "A"ln.d"B; Said c r� Assignment was in writing and recorded on March 2, 2020 in Book 6012, Page b f, records of Johnson County. A copy of said Assignment together with the Recorder's certificate thereon is attached as Exhibit"C"to the Plaintiff's Petition on file herein. 6. The Mortgage and Note provide that in case of default in the payment of any installment represented by the Promissory Note,the holder may declare the entire principal and the interest accrued thereon immediately due and payable, and the Mortgage may be foreclosed. 7. The Mortgage further provides that the holder thereof shall be entitled to collect all expenses of foreclosure including, but not limited to,reasonable attorney's fees, and costs of documentary evidence, abstracts, and title reports. 8. The Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer, has failed to pay the Note and interest thereon as provided by the terms of the Note. 9. By reason of the failure to pay the Note and interest, the Plaintiff elected in accordance with the terms and conditions of the Note and Mortgage to declare the whole of the 2 Note due and payable forthwith and to exercise its right to enforce payment of the entire Note as provided by the Note and to foreclose the Mortgage given to secure the same. 10. The unpaid balance due on the Note after allowing all credits due the Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer is the sum of Eighty-seven Thousand Four Hundred Twenty-five and 92/100 Dollars ($87,425.92),plus interest calculated through October 1, 2019 with interest equaling $9.58 per day thereafter. 11. In order to commence this foreclosure proceeding,the Plaintiff has expended the sum of$235.00 for a report of title, $90.92 for late charges and $5,384.63 for escrow advances. 12. The Plaintiff's Mortgage is prior and superior to any interest of the Defendants named herein. 13. The Plaintiff gave a Notice of Right to Cure and more than thirty (30) days elapsed from the time the notice was given and the Foreclosure Petition was fill. A copy of said Notice is attached to Foreclosure Petition as an exhibit. N 14. The Plaintiff has waived its right to a deficiency judgment. = r; 15. Under the terms of said Note and Mortgage, the Defendant. Shannon R. Schafer a/k/a Shannon Amelia Schafer, agreed to pay attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. 3 Amy ntgomery (AT00 ti '9) . DENT S DAVIS BROWN PC The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515) 288-2500 Facsimile: (515)243-0654 Email: amy.montgomery@dentons.com ATTORNEY FOR THE PLAINTIFF, Iowa Bankers Mortgage Corporation )_.~ C".+ •. W 4 COPIES TO: Shannon A. Schafer a/k/a Shannon Amelia Schafer (EDMS) Lewis Field Attorney for Hills Bank and Trust Company (EDMS) Bank of America,N.A. R.A.: CT Corporation System 400 E. Court Avenue Des Moines, IA 50309 City of Iowa City c/o City Clerk 410 E. Washington Street Iowa City,IA 52240 Invenio Financial f/k/a PCA Acquisitions V, LLC 1002 Justison Street Wilmington,DE 19801 Parties in Possession 1032 S. 1st Avenue Iowa City,IA 52240 PROOF OF SERVICE C-.7.'_ *a 4C The undersigned certifies that the foregoing instrument c t was served upon all parties to the above cause to each of the attorneys of record herein at their respective ` addresse isclosed, on the pleadings on CO 1 " r ,20 etby: W 71.1.S.Mail 0 FAX ❑Hand Delivered ❑Overnight Courier 0 Federal Express )EDMS Signature: i t t(4(tek.t/ #1011317 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. PLAINTIFF'S MEMORANDUM SUPPORTING MOTION SHANNON A. SCHAFER A/K/A SHANNON FOR SUMMARY JUDGMENT AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, Defendants. LAW POINT THE PLAINTIFF IS ENTITLED TO FORECLOSURE ON THE REAL ESTATE MORTGAGE WHICH SECURES THE PAYMENT OF THE NOTE MADE AND EXECUTED BY THE DEFENDANTS BECAUSE THE DEFENDANTS HAVE FAILED TO PAY THE NOTE ACCORDING TO ITS TERMS AND TO PERFORM OTHER COVENANTS CONTAINED THEREII rn AUTHORITIES Iowa Code § 654 w Iowa Rule of Civil Procedure 1.981 Collin v. Nagle, 200 Iowa 562, 203 N.W. 702 (1925) Bank of Omaha v. Wilmarth, 218 Iowa 339, 252 N.W. 507 (1934) Coffin v. Younker, 196 Iowa 1021, 195 N.W. 591 (1923) Davis v. Travelers Insurance Co., 196 N.W.2d 526 (Iowa 1972) #3336248 Clay County v. Incorporated City of Spencer, 268 N.W.2d 493 (Iowa 1978) Humboldt Livestock Auctions, Inc. v. B & H Cattle Co., 155 N.W.2d 478 (Iowa 1967) 59 CJS Mortgages, § 492 59 CJS Mortgages, § 495 DISCUSSION The general prerequisites to the right of foreclosure are that there be a valid mortgage securing a debt or duty which remains wholly or in part unpaid or unperformed and by which some kind of estate or title has been conveyed to the Mortgagee as security and that there may be a breach of a condition of the mortgage. Iowa Code § 654; 59 CJS Mortgages, § 492. In the present case, the Defendants made, executed and delivered a certain Promissory Note to the Plaintiff,the payments of which were secured by a Mortgage on real estate located in Johnson County, Iowa. 53 It is also generally recognized that where an agreement exists between the partie io the effect that the entire debt shall or may, at the election of the mortgagee,become:;due on apartiMM.,.; default in payment of the mortgage debt, or an installment thereof, or failure to s"ervy other ca covenant in the mortgage instrument, foreclosure may be had for the entire amount on such default. Collin v. Nagle, 200 Iowa 562, 203 N.W. 702 (1925); 59 CJS Mortgages, § 495. The Mortgage in this case plainly states that if a default occurs in the payment of the indebtedness that is secured, or any part of the interest thereon, then, at the option of Mortgagee, the Note and the whole of the indebtedness secured by the Mortgage shall become due and collectible at once by foreclosure or otherwise after such default or failure. 2 The Note also provides upon nonpayment of any installment on its due date, all remaining installments shall, at the option of the holder, become immediately due and payable. Thus, a mortgage containing an acceleration clause gives the mortgagee the right to commence an action to recover the entire amount of principal and interest due. Bank of Omaha v. Wilmarth, 218 Iowa 339, 252 N.W. 507 (1934); Collin v.Nagle, 200 Iowa 562, 203 N.W. 702 (1925); Coffin v. Younker, 196 Iowa 1021, 195 N.W. 591 (1923). Summary judgment is appropriate in the present situation where the Defendants have failed to raise in their pleadings any genuine issues of material fact for trial. The purpose of summary judgment is to enable a party with a just cause of action to obtain judgment without the unnecessary delay and expensive trial where there is no genuine issue of material fact present. Clay County v. Incorporated City of Spencer, 268 N.W.2d 493 (Iowa 1978); Davis v. Travelers Insurance Co., 196 N.W.2d 526 (Iowa 1972). It has been held that summary judgment may be entered in an action upon any claim to recover a money demand which is liquidated and which arises on a negotiable instrument or contract. Humboldt Livestock Auctions, Inc. v. B & H Cattle Co., 155 N.W.2d 478 (Iowa 1967); Iowa Rule of Civil Procedure 1.981. The amount claimed due is a"liquidated demand" within summary judgment if it is susceptible of being made certain in amount by matheal.,}, calculation from factors which are or ought to be in the possession or knowledg the arty to " be charged. Humboldt, supra. Judgment entered on a summary judgment motion depends on whether there is any real issue of fact as disclosed by affidavits of those having knowledge of the circumstances. Humboldt, supra. The best evidence of the facts concerning the transaction and occurrence 3 which is the subject matter of the present action are the documents themselves, that is to say the Note and Mortgage. The Plaintiff submits these documents, its pleadings and Affidavit in Support of Motion for Summary Judgment. CONCLUSION No genuine issue of material fact exists concerning the Defendants' liability on the Promissory Note and Real Estate Mortgage held by the Plaintiff. The Plaintiff, therefore, respectfully prays for summary judgment in its favor to which it is entitled as a matter of law, costs and accruing costs against the Defendants, and such further and equitable relief as is deemed just by the Court. Respectfully submitted, Amy . Montgomery DEN NS DAVIS BROWN PC The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515)288-2500 Facsimile: (515)243-0654 ; Email: amy.montgomery@dentonszom r\o`o'' ATTORNEY FOR THE PLAINTIFF y /co x J} 4 COPIES TO: Shannon A. Schafer a/k/a Shannon Amelia Schafer (EDMS) Lewis Field Attorney for Hills Bank and Trust Company (EDMS) Bank of America,N.A. R.A.: CT Corporation System 400 E. Court Avenue Des Moines, IA 50309 City of Iowa City c/o City Clerk 410 E. Washington Street Iowa City,IA 52240 Invenio Financial f/k/a PCA Acquisitions V, LLC 1002 Justison Street Wilmington,DE 19801 Parties in Possession 1032 S. 1st Avenue Iowa City,IA 52240 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresse __disclosed., on the pleadings on ll7 ,20 lby: U.S.Mail ❑ FAX ❑Hand Delivered ❑Overnight Courier ? ;_wt ❑Federal Express EDMS a Signature: 30).1) -.D • co #1011317 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. AFFIDAVIT OF COURT CALENDAR SEARCH SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, N.A.• CITY OF IOWA CITY; INVENIO - ( y1 FINANCIAL F/K/A PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, Defendants. c.' STATE OF IOWA ) ) SS: COUNTY OF POLK ) COMES NOW Amy S. Montgomery, attorney for the Plaintiff in the above-captioned matter, and having first been duly cautioned and sworn, states to the Court as follows: that the docket and court calendar of the Iowa District Court for Johnson County have been examined by Sarah Eichhorn, Paralegal, by checking Iowa Courts Online at my request and no appearance, motion or answer have been filed or are on file by or on behalf of the Defendants, Bank of America,N.A., City of Iowa City, Invenio Financial f/k/a PCA Acquisitions V, LLC and Parties in Possession. #3336248 r At, .92 Amy S. Mo gomery Signed and sworn to before me by the said Amy S. Montgomery, this l I day of D } 4 , 2021. CSAA,(jak., Notary Public in an for the A00 CHRISTA SNYDERSState of Iowa �Commission Number 835887 My Commission Expires November 23, 2024 My commission expires (( fri-14( C r.-. N) �.J • 2 Filings Title: IOWA BANKERS MORTGAGE CORP V SHANNON SCHAFER,ET AL Case: 06521 EQCV082919 (JOHNSON) Citation Number M „ ,, p * , Event Filed By Filed Create Last Action Date Updated Date DISMISSED MONTGOMERY 12/02/2021 12/02/2021 12/02/2021 PARTIAL AMY SUE Comments: DISMISSAL OF DEFENDANT SPOUSE OF SHANNON A SCHAFER A/K/A SHANNON AMELIA SCHAFER Other Event SCHAFER 11/17/2021 11/18/2021 11/18/2021 SHANNON AMELIA Comments: DEMAND FOR DELAY OF SALE RETURN OF DEAHR JARED 11/05/2021 11/08/2021 11/08/2021 ORIGINAL NOTICE Comments: RE: INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V LLC-SERVED CURTIS VINCENT-SR VICE PRESIDENT/H.R. ON 10-28-2021 RETURN OF DEAHR JARED 11/05/2021 11/08/2021 11/08/2021 ORIGINAL NOTICE Comments: RE: HILLS BANK AND TRUST CO-SERVED KELSEY REDLINGER/VICE PRESIDENT-BRANCH MANAGER ON 10-26-2021 RETURN OF DEAHR JARED 11/05/2021 11/08/2021 11/08/2021 ORIGINAL NOTICE Comments: RE: BANK OF AMERICA N.A.-SERVED LISA DARRELL @ CT CORPORATION SYSTEM/REGISTERED AGENT ON 11-4-2021 RETURN OF DEAHR JARED 11/05/2021 11/08/2021 11/08/2021 ORIGINAL NOTICE Comments: RE: CITY OF IOWA CITY-SERVED KELLY FREELING/CITY CLERK ON 10-26-2021 RETURN OF DEAHR JARED 11/05/2021 11/08/2021 11/08/2021 ORIGINAL NOTICE Comments: RE: PARTIES IN POSSESSION-SERVED SHANNON SCHAFER ON 11-1-2021 RETURN OF DEAHR JARED 11/05/2021 11/08/2021 11/08/2021 SERVICE- DILIGENT SEARCH Comments: RE: SPOUSE OF SHANNON A SCHAFER A/K/A SHANNON AMELIA SCHAFER RETURN OF DEAHR JARED 11/05/2021 11/08/2021 11/08/2021 ORIGINAL NOTICE Comments: RE: SHANNON A SCHAFER A/K/A SHANNON AMELIA SCHAFER- PERSONAL SERVICE ON 11-1-2021 Answer FIELD LEWIS 10/28/2021 10/28/2021 10/28/2021 IRWIN Comments: APPEARANCE AND ANSWER OF HILLS BANK AND TRUST COMPANY AND CONDITIONAL CONSENT TO ENTRY OF FORECLOSURE DECREE CIVIL ORIGINAL MONTGOMERY 10/18/2021 10/18/2021 10/18/2021 NOTICE AMY SUE Comments: ORIGINAL NOTICE Aff of Identity MONTGOMERY 10/18/2021 10/18/2021 10/18/202V AMY SUE Comments: ATTESTATION OF IDENTITY Petition Filed MONTGOMERY 10/18/2021 10/18/2021 10/18/2021 AMY SUE Comments: FORECLOSURE PETITION CN=John Q Public,O=JUDICIAL Register COPIES TO: Shannon A. Schafer a/k/a Shannon Amelia Schafer (EDMS) Lewis Field Attorney for Hills Bank and Trust Company (EDMS) Bank of America,N.A. R.A.: CT Corporation System 400 E. Court Avenue Des Moines, IA 50309 City of Iowa City c/o City Clerk 410 E.Washington Street Iowa City,IA 52240 Invenio Financial f/k/a PCA Acquisitions V, LLC 1002 Justison Street Wilmington,DE 19801 Parties in Possession 1032 S. 1st Avenue Iowa City,IA 52240 r+.,. PROOF OF SERVICE The undersigned certifies that the foregoing instrument t"y was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresse isclose on the pleadings on •.E f ✓" c(7 ,20 ,by: ;. .S.Mail ❑ FAX ° Co ❑ Hand Delivered ❑Overnight Courier 0 Federal Express .EDMS q Signature: .3 I Dit49,/f 1 #1011317 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. APPLICATION FOR ATTORNEYS FEES SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, i'= rn , N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, r LLC and PARTIES IN POSSESSION, CD Defendants. COMES NOW the Plaintiff, Iowa Bankers Mortgage Corporation, and in support of its Application for Allowance of Attorney's Fees states as follows: 1. The Foreclosure Petition was filed with the Clerk of Court of the Iowa District Court of Johnson County, Iowa, on October 18, 2021. 2. The Real Estate Mortgage which forms the basis of this action and the Promissory Note thereto provides for the allowance of attorney's fees in connection with the enforcement of the Defendants' obligations. 3. The Plaintiffs attorney has on file with the Court an Affidavit for Attorney's Fees in this case. 4. When judgment is recovered upon a written contract containing an agreement to pay an attorney's fee,the Court shall allow and attach as part of the costs reasonable attorney's fees to be determined by the Court. See Iowa Code § 625.22 (2009). #3336248 5. Attached to this Application and marked as Exhibit"A", is an itemization of attorney's time spent in connection with this action. The reasonable value of the attorney's time is $2,450.00. WHEREFORE,the Plaintiff,Iowa Bankers Mortgage Corporation, respectfully requests the Court to grant the sum of$2,450.00 as part of the judgment which may be entered herein. o Amy al.ntgomery DENT. IS DAVIS BROWN PC The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 t= Telephone: (515) 288-2500 Facsimile: (515)243-0654 Email: amy.montgomery@dentons ATTORNEY FOR THE PLAINTI c w 0, 2 In Account With DENTONS DAVIS BROWN PC Attorneys and Counselors at Law The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines,Iowa 50266 Federal I.D. No. 42-1343884 December 17, 2021 Iowa Bankers Mortgage Corporation Professional Services rendered for the following: y Re: Shannon A. Schafer a/k/a Shannon Amelia Schafer Foreclosure , rya --y Review new referral,order title search and send 14 day mediation notice letter to borrower. -<,--� Review title search and draft Foreclosure Petition and upload for e-filing. Prepare filed Petition for service,order title search update to be continued through lis pendens docketing. Review filed Returns of Service from Process Server. Review continued title search to check for intervening liens. Check Iowa Courts Information Systems for Answers and send Notices of Intent for File Written Application for Default to non-answering Defendants. Review Answers from two(2)Defendants. Check Iowa Courts Information Systems for additional Answer,draft Dismissal of Defendant(s),Plaintiff's Statement of Undisputed Material Facts,Motion for Summary Judgment,Application for Entry of Default and Motion for Default Judgment,Memorandum Supporting Motion for Summary Judgment,Affidavit of Court Calendar Search,Application for Attorney Fees and Exhibit A of the same;draft Affidavit in Support of Motion for Judgment and send to client for execution. Review Order from Court regarding Motions,draft proposed Foreclosure Decree and upload to EDMS. Upload original Note to EDMS. Draft Praecipe for Special Execution and Directions to Sheriff. Draft Assignment of Judgment,if required. EXHIBIT"A" #1011317 Draft bid for Sheriffs Sale and Verified Statement of Lienholder's Advancements, if necessary. ATTORNEY FEES $2,450.00 C.2 C, ci C") C") --I "•":"...--", co • 2 COPIES TO: Shannon A. Schafer a/k/a Shannon Amelia Schafer (EDMS) Lewis Field Attorney for Hills Bank and Trust Company (EDMS) Bank of America,N.A. R.A.: CT Corporation System 400 E. Court Avenue Des Moines, IA 50309 City of Iowa City c/o City Clerk 410 E.Washington Street Iowa City,IA 52240 AW Invenio Financial f/k/a PCA Acquisitions V, LLCc. 1002 Justison Street Wilmington,DE 19801 ry Parties in Possession 1032 S. 1st Avenue r , Iowa City, IA 52240 • CA) PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresse Aisclose on the pleadings on " �� ,207iby: 'Ff.-U.S.Mail 0 FAX ❑Hand Delivered 0 Overnight Courier 0 Federal Express pED/M1S �1 Signature: 1 tia� 111III #1011317 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, PIaintiff, AFFIDAVIT OF AMOUNTS DUE AND OWING vs. SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER;HILLS BANK AND TRUST COMPANY;BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INVENIO r- FINANCIAL F/KJA PCA ACQUISITIONS V, (-- - LLC and PARTIES IN POSSESSION, ca Defendants. STATE OF IOWA ) ) ss: COUNTY OF POLK ) I, Angela Shanks, being first duly sworn on oath,hereby depose and state that I am Vice President of Iowa Bankers Mortgage Corporation,that I am familiar with the facts concerning this transaction and occurrence, and that the statements contained therein are true and correct as I verily believe. I further state that Shannon A. Schafer a/kla Shannon Amelia Schafer, made and executed the Promissory Note attached to the Foreclosure Petition as Exhibit"A"and that the consideration for said note was a$95,200.00 loan. I further state that Shannon A. Schafer a/k/a Shannon Amelia Schafer, executed and delivered the Real Estate Mortgage upon the real estate located in Johnson County, Iowa, a copy of which is attached to the Foreclosure Petition as Exhibit"B". #3332739 I further state that Shannon A. Schafer a/k/a Shannon Amelia Schafer, failed to pay the Note with interest as provided by the terms of the Note referred to as Exhibit"A",and the unpaid balance due on the Note after allowing all credits to the Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer, is in the sum of$87,425.92 plus interest at the rate of 4.00%per annum calculated from October 1,2019, and $90.92 for late charges, $5,384.63 for escrow advances and$731.00 for corporate advances; plus $235.00 for reports of title and$2,450.00 for attorneys fees. kfW 1�^'� , 1 �_^+f Ilk ngela S s Signed and sworn to before me by Angela Shanks as Vice President of IoNial3anktits Mortgage Corporation this I S day of I1 ece.mber;2021. 4,:- SYDNEY LEANN THARP� Commission Number 827177 My Commission Expires No ry P lic, State of wa My commission expires lc/2 qp,oa COPIES TO: Shannon A. Schafer a/k/a Shannon Amelia Schafer (EDMS) Lewis Field Attorney for Hills Bank and Trust Company (EDMS) Bank of America,N.A. R.A.: CT Corporation System 400 E.Court Avenue Des Moines,IA 50309 City of Iowa City c/o City Clerk 410 E.Washington Street Iowa City,IA 52240 Invenio Financial f/k/a PCA Acquisitions V. LLC 1002 Justison Street Wilmington,DE 19801 ` ry Parties in Possession --t 1032 S. 1st Avenue -- '� Iowa City,IA 52240 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresse isclose on the pleadings on b ,20 �by: yi.IJ.S.Mail 0 FAX ❑Hand Delivered 0 Overnight Courier 0 Federal Express tEDMS Signature: 310).P1/16 A pi #1011317 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, AFFIDAVIT OF TITLE COSTS vs. SHANNON A. SCHAFER A/K/A SHANNON AMELIA SCHAFER; HILLS BANK AND TRUST COMPANY; BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/KJA PCA ACQUISITIONS V, LLC and PARTIES IN POSSESSION, rri Defendants. . a STATE OF IOWA ) c`' ) ss: COUNTY OF POLK ) I, Amy S. Montgomery, attorney for the Plaintiff, Iowa Bankers Mortgage Corporation, being first duly sworn, state that as follows: 1. The Plaintiff ordered a title search to perform legal services and to foreclose on the subject property. 2. The Foreclosure Petition was filed with the Clerk of Court of the Iowa District Court of Johnson County, Iowa, on October 18, 2021. 3. Under the terms of the Note and Mortgage in connection with this Action,the Defendant, Shannon A. Schafer a/k/a Shannon Amelia Schafer, agreed to pay attorney's fees and costs in connection with the proceeding to enforce or foreclose the Mortgage. #1011317 4. The Plaintiff's attorney has on file with the Court an Affidavit and Application for Attorney's Fees in this case pursuant to Iowa Code § 625.22. WHEREFORE,the Plaintiff,Iowa Bankers Mortgage Corporation,respectfully requests the Court to grant the sum of$235.00 as part of the judgment which may be entered herein for title costs. Amy S. tgomery DENTO S DAVIS BROWN C c. The Highland Building 4201 Westown Parkway, Suite 300`� West Des Moines, Iowa 50266 _ , Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: amy.montgomery@dento .comc? w ATTORNEY FOR THE PLAINTIFF 4- A Signed and sworn to before me by the said Amy S. Montgomery,this 4-SA of O , 2021. Notary Public in and for the State of Iowa S CHRISTA SNYDERS Commission Number 835887 / • . My Commission Expires My commission expires 1 l r Q� (2' "'ow• November 23, 2024 2 COPIES TO: Shannon A. Schafer a/k/a Shannon Amelia Schafer (EDMS) Lewis Field Attorney for Hills Bank and Trust Company (EDMS) Bank of America,N.A. R.A.: CT Corporation System 400 E.Court Avenue Des Moines,IA 50309 City of Iowa City c/o City Clerk 410 E. Washington Street Iowa City,IA 52240 Invenio Financial f/k/a PCA Acquisitions V,LLC 1002 Justison Street Wilmington,DE 19801 Parties in Possession 1032 S. Ist Avenue Iowa City,IA 52240 PROOF OF SERVICE The undersigned certifies that the foregoing instrument '„`1 was served upon all parties to the above cause to each of the attorneys of record herein at their respective - '' addrewA AiscloseAon the pleadings on 0 ,20 7(by:Y U.S.Mail FAX ❑Hand Delivered 0 Overnight Courier 0 Federal Express ytEDMS �I Signature: ��/I i ,D49,,1/I`� #10113I7 END OF CASE FILE