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HomeMy WebLinkAboutLawsuits Kellie Grace From: Kellie Grace Sent: Thursday,January 25, 2024 1:49 PM To: Rebecca Passavant; Mary McChristy; Michelle Cook Subject: lawsuit Attachments: 2368_001.pdf Attached. t=-rj I &WA CITY A UNESCO CITY OF LITERATURE Xe�fie C7race, CVC City Clerk office:319-356-5041 410 E Washington St,Iowa City,IA 52240 WWW.I000V.ORG 0 0 0 Iowa ansit is now FARE FREE! FARE FRI Learn Omore ty ratlCGOV.ORG/FAREFREE 1 AO 440(Rev.06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA } EMILY COHEN ) Plaintiffs) } V. Civil Action No. CITY OF IOWA CITY,ET AL. • ry Defendant(s) ) - Ln SUMMONS IN A CIVIL ACTION F-3 To: (Defendant's name and address) .. rev CITY OF IOWA CITY, IOWA, an Iowa municipality; 500 S. Clinton Street, Suite 400 Iowa City, IA 52244 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: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 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. CLERK OF COURT Date: 10/31/23 Signature of Clerk or Deputy Clerk AO 440(Rev.06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA ) EMILY COHEN ) Plaintfff(s) ) V. Civil Action No. CITY OF IOWA CITY,ET AL. Defendant(s) ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) JOHNSON COUNTY SHERIFF'S OFFICE; 500 S. Clinton Street, Suite 400 Iowa City, IA 52244 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: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 If you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. You also ritist file your answer or motion with the court. CLERK OF COURT - l3fe`" i 0/W+23 Signature of Clerk or Deputy Clerk r AO 440(Rev.06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT - for the SOUTHERN DISTRICT OF IOWA EMILY COHEN ) Plaintiff(s) ) V. ) Civil Action No. CITY OF IOWA CITY,ET AL. Defendant(s) SUMMONS IN A CIVIL ACTION = r� To: (Defendant's name and address) JOHNSON COUNTY, IOWA; 500 S. Clinton Street, Suite 400 Iowa City, IA 52244 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 plaintiff's attorney, whose name and address are: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 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. CLERK OF COURT Date: 10/31/23 Signature of Clerk or Deputy Clerk AO 440(Rev 06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA ) EMILY COHEN Plaintiff(s) ) V. Civil Action No. CITY OF IOWA CITY,ET AL. Defendant(s) ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) [AN ALKE; 500 S.Clinton Street,Suite 400 Iowa City,IA 52244 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 plaintiff's attorney, whose nme and address are: EMILY COHEN 820 MAGGARD ST. l-m- - IOWA CITY,TA 52240 t,l + a IY�.qu fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. You also roust file your answer.or motion with the court. CLERK OF COURT Date: 10/31/23 Signature of Clerk or Deputy Clerk AO 440(Rev.06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA EMILY COHEN ) Plainitff(s) ) V. Civil Action No. CITY OF IOWA CITY,ET AL. — } Defendant(s) ) i SUMMONS IN A CIVIL ACTION ^" C.n i To: (Defendant's name and address) r MICHAEL HYNES; ,�-,, -' 500 S. Clinton Street, Suite 400 ` Iowa City, IA 52244 -'� 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: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 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. CLERK OF COURT Date: 10/31/23 Signature of Clerk or Deputy Clerk AO 440(Rev.06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA ) EMILY COHEN } Plaintiff(s) ) _ V. Civil Action No. CITY OF IOWA CITY,ET AL. Defendant(s) ) SUMMONS IN A CIVIL ACTION TO: (Defendant's name and address) JOHN GOOD; 500 S. Clinton Street, Suite 400 Iowa City, IA 52244 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 plaintiff's attomey, whose name and address are: EMILY COHEN 820 MAGGARD ST. L-.3 IOWA CITY,IA 52240 -1f you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. 1 You also must file your answer or motion with the court. _ CLERK OF COURT -.r Date: 10/31/23 Signature of Clerk or Deputy Clerk AO 440(Rev.06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA EMILY COHEN ) Plainl ff(s) ) V. Civil Action No. _ = CITY OF IOWA CITY,ET AL. ) �' Defendant(s) SUMMONS IN A CIVIL ACTION a, To: (Defendant's name and address) re7 DEMETRIUS MARLOWE; 500 S. Clinton Street, Suite 400 Iowa City, IA 52244 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: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 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. CLERK OF COURT Date: 10/31/23 Signature of Clerk or Deputy Clerk AO 440(Rev.06112) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA EMILY COHEN ) Plaintiff(s) ) V. Civil Action No. CITY OF IOWA CITY,ET AL. — Defendant(s) ) SUMMONS IN A CIVIL ACTION TO: (Defendant's name and address) JANET LYNESS; 500 S. Clinton Street, Suite 400 Iowa City, IA 52244 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 plaintiff's attorney, whose name and address are: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 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. CLERK OF COURT Date: 10/31/23 "- Signature of Clerk or Deputy Clerk �:a AO 440(Rev.06112) Summons in a Civil Action UNITED STATES DISTRICT COURT - for the SOUTHERN DISTRICT OF IOWA EMILY COHEN ) Plaintiff(s) ) V. Civil Action No. ' CITY OF IOWA CITY,ET AL. ) " Defendant(s) ) IT SUMMONS IN A CIVIL ACTION ' To: (Defendant's name and address) RACHEL ZIMMERMAN SMITH; 500 S. Clinton Street, Suite 400 Iowa City, IA 52244 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: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 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. CLERK OF COURT Date: 10/31/23 Signature of Clerk or Deputy Clerk AO 440(Rev.W12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA EMILY COHEN Plaintfff(s) — ) V. Civil Action No. ) CITY OF IOWA CITY,ET AL. Defendant(s) ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) SUSI NEHRING 500 S.Clinton Street,Suite 400 Iowa City, IA 52244 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 ifyou 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 plaintiff's attorney, whose name and address are: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 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. CLERK OF COURT Date: 10/31/23 1 Signature of Clerk or Deputy Clerk t Lf• rc- r AO 440(Rev.06112) Summon in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA EMILY COHEN ) Plaintiffs) ) V. Civil Action No. CITY OF IOWA CITY,ET AL. I ' Defendant(s) ) T SUMMONS IN A CIVIL ACTION e' To: (Defendant's name and address) DAVID VAN COMPERNOLLE; 500 S. Clinton Street, Suite 400 Iowa City, IA 52244 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 plaintiff's attorney, whose name and address are: EMILY COHEN 820 MAGGARD ST. IOWA CITY,IA 52240 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. CLERK OF COURT Date: 10/31/23 Signature of Clerk or Deputy Clerk I Case 3:23-cv-00073-SMR-WPK Document 2 Filed 10/31/23 Page 9 of 78 AO 440(Rev.06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Iowa Emily Cohen ) Plaintiff(s) ) V. ) Civil Action No. 3:23-cv-00073-SMR-WPK Iowa City, Iowa an Iowa municipality, ) Johnson County Sheriffs Department, ) Johnson County, Iowa, Ian Alke, et al. ) Defendant(s) ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) DARREN CANTOR Address: 1300 Broadway Street, Suite 330, Denver, CO 80203 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 plaintiff's 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. Cl) SUMMONS ISSUED Date: JOHN S. COURTER,Clerk t - By: i w CLERK Case 3:23-cv-00073-SMR-WPK Document 2 Filed 10/31/23 Page 10 of 78 AO 440(Rev.06/12) Sununons in a Civil Action(Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed R. Civ.A 4(l)) This summons for(name of individual and title,if any) was received by me on(date) 0 I personally served the summons on the individual at(place) on(date) ; or 0 1 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 Q 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 171 I returned the summons unexecuted because ; or 0 Other(sped): My fees are$ for travel and$ for services,for a total of$ I declare under penalty of perjury that this information is true. r Date: ' f Server's signature _ fa Printed name and title Server's address Additional information regarding attempted service, etc: (This form is intended to be used,bypersons who are not represented by an attorney. The form should NOT be used by a prisoner who is filing a complaint under the Civil Rights Act,42 U.S.C.section 1983. A separate form is obtainable for prisoners.) RECEIVED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERNI DISTRICT OF IOWA OCT 3 + 2023 CLERK U.S, DIS T RICT COURT SOUTHERN DISTINCT OF IOWA EMILY COHEN (Enter above the FULL name of each plaintiff in this action) vs. COMPLAINT&JURY DEMAND Y OF IOWA CITY,IOWA,an ImAra municipality: JOHNSON COUNTY SHERIFF'S OFFICE; HNSON COUNTY,IOWA: LAN ALKE;MICHAEL HYNES;JOHN GOOD; DEMETRIUS MARLOWE;JANET LYNESS; RACHEL ZIMMERMAN SMITH;SUSI NEHRING DAVID VAN COMPERNOLLE;IOWA DOES; Y OF BOULDER,COLORADO,a Colorado municipality; BOULDER COUNTY SHERIFF'S OFFICE; IJLDER COUNTY,COLORADO; (Enter above the FULL name of each ANDREW HARTMAN;ANNE KELLY; defendant in this action) MICHAEL DOUGHERTY,MICHELLE SUDANO; ADAM KENDALL;KRISTIN WEISBACH; CHRIS MERKLE;ELIZABETH ROTHROCK; THOMAS MULVAHILL;NANCY SALAMONE; STEVEN HOWARD;DINSMORE TUTTLE; GREGORY LYMAN;LINDY FROLICH; ' = DARREN CANTOR;MARY CLA IRE MULLIGAN; i I i WILL MULLIGAN;ROBERT WERK N`G; KATHLEEN SINNOTT,STANLEY GARNETT, r': ALEC GARNETT,JANE WALSH;KATI ROTHGERY; and COLORADO DOES. Pncn Parties (In item A below,place your name in the first blank and place your present address and telephone number in the second blank. In the third blank write the state where your home is ("Home State"). In item B below,do the same for additional plaintiffs,if any.) A. Name of Plaintiff EMILY CORN Address&Telephone Number 820 MAGGARD ST.,IOWA CITY,TA 52240. 3[9 5414577 Horne State IOWA B. Additional Plaintiffs(include addresses,telephone numbers and home state for each) (In item C below,place the FULL name of the defendant in the first blank place,the address and telephone number for the defendant in the second blank. In the third blank.write the state in which the defendant has his/her home. If the defendant is a corpotation,list the'location of-its home office,and the state where it is incorporated,if known. If the defendant is a government agency,simply name it. In item D,do the same for additional defendants,if any.) Extra sheet necessary and attached. C. Name of defendant Address&Telephone Number Home State D. Additional Defendants (include addresses,telephone numbers and home state for each). tf� STATEMENT OF CLAIM Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 3 of 53 (State here as briefly as possible the FACTS of your case. You MUST state EXACTLY what each defendant personally did,or failed to do,which resulted in harm to you. State the date AND place of all events. Attach an extra sheet if necessary, and write the heading"Part II Continued"at the top of the sheet, Keep to the facts. Do not give any legal arguments or cite any cases.) Extra sheet necessary and attached. C.") r ` N 'A (If you know, BRIEFLY state what SPECIFIC law of constitutional provisions defendants) violated.) (Defendants violated the U.S. CONSTITUTION via:the FIRST AMENDMENT(right to petition courts); FOURTH AMENDMENT(right to be free from unreasonable search and seizure);the FIFTH AMENDMENT duel , AMENDMENT(right to counsel);the EIGHTH AMENDMENT(pretrial right to be free of all punishment, all - - -- -e Fit- -- food, m_ ----- * ation incl��s-sr--- , ' at and sanitation;and the FOURTEENTH AMENDMENT due process clause and equal protection clause (rig t to travel), as all enforced through 42 U.S.C. § 1983,as presented via 28 U.S.C.§§ 1331, 1343. Def t' 28 U.S.C. §§ 1331, 1343. Defendants do not have absolute immunity,because they were engaged in non'tidicial functions or actin in the absence of'urisdiction. Defendants do not have qualified immunity, because they violated and deprived Plaintiff of clearly established Constitutional i ights while acting under the color of state law. Defendants who are municipalities also have no immunity,because they failed to train and were responsible for an unconstitutional custom or policy. Defendants violated 42 U.S.C. § 12101 et. seq. ("Americans with Disability Act of 1990,"Title 1:1 and Title 1111:"the ADA")and 29 U.S.C. §701 et.seq. Defendants do not have sovereign immunity,absolute immunity,qualified immunity,or any ottier immunity at all,for the ADA claims,pursuant to U.S. v. Georgia, 546 U.S. 151 (2006)and Tennessee v. Lane, 541 U.S. 509(2004), because Defendants'ADA violations were also denials of Plaintiff's Constitutional rights. RELIEF Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 4 of 53 (State briefly EXACTLY what you want the Court to do tnr ou. Make no legal arguments. Cite no cases or statutes.) I am seeking compensatory, unitive declaratory,and iniunctive relief. I want the Court to enter an order for judgment against the Defendants in an amount which will fully and fairly compensate me for my injuries and damages,as me ice I treatment fias already exceeded$90,000; for attorney tees if counsel is retained;for interest and costs as allowed by law;for punitive damages and tor such other and turtner relLef as may 150JUSt. L Want Me Court to enter an order cleclaring that Defendants violated the law. I want the Court to enjoin the Defendants from continuing to violate the law. I am requesting a jury trial on all issues raised by this Complaint. Signature(s) of Plaintlff(s) Signed this 31st day of October 2023 (319)541-4577 (signature of Plaintiff) (Area Code)-Telephone Number r -+ r<3 Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 5 of 53 Part II Continued 1. This is an action brought via this Complaint and Jury Demand to redress the deprivation — under color of policy, regulation, official decision, custom, or usage — of rights secured to In Plaintiff by 42 U.S.C. § 1983 and §1985 arising under the Second and Fourth Amendments, incorporated to the states through the Fourteenth Amendment to the United. States Constitution, and the Constitution of the State of Iowa, Article I, Bill of Rights, Sections 1, 2, 8, 9, 17, and 23; and includes Iowa common law negligence claims,Iowa statutory law claims, and public records disclosure claims. 2. Jurisdiction is conferred to this Court through 28 U.S.C. §§1331 and 1343 and venue is appropriate in this district under 28 U.S.C. § 1391(b). 3. The unlawful acts alleged herein occurred at in Johnson County, Iowa, on or about November 2, 2021, continuing the long, sordid, and ongoing efforts of the Defendants covering up the wrongful conduct of their police officers, prosecutors, and judicial staff. See People v. Cohen, 440 P.3d 1256 (2019) (unanimous reversal of first trial); People )� Cohen, 22 CA 773 (docketed January 11,2022;People's Response Brief now delayed for more than a year). 4. At all times material hereto,Plaintiff was a resident of Johnson County,IA. 5. Defendant City of Iowa City includes a police department and other administrative agencies (hereinafter referred to as "Iowa City") which employs Defendants Ian Alke, Michael Hynes, John Good, and Demetrius Marlowc,whom they failed to properly train, or monitor, and to compensate for the lack of expertise, training and oversight, Iowa City intentionally covers up wrongdoing by its police officers. 6. c'-`Defendant Iowa City is a governmental subdivision of the State of Iowa and duly incorporg�d under the laws of the State of Iowa. Iowa City is liable for the conduct of its 4 t Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 6 of 53 employees pursuant to the doctrine of respondeat superior-, as well as pursuant to its failure to train, 7. Defendant IAN ALKE (hereinafter referred to as"Alke") was at all times material hereto an employee of the City of Iowa City,Iowa, and on information and belief a resident of Johnson County,Iowa, and violated Plaintiff's constitutional rights. 8. Defendant MICHAEL HYNES (hereinafter referred to as"Hynes")was at all times material hereto an employee of the City of Iowa City, Iowa, and on information and belief a resident of Johnson County,Iowa,and violated Plaintiffs constitutional rights. 9. Defendant JOHN GOOD (hereinafter referred to as"Good")was at all times material hereto an employee of the City of Iowa City, Iowa, and on information and belief a resident of Johnson County,Iowa,and violated Plaintiff s constitutional rights. 10.Defendant DEMETRIUS MARLOWE (hereinafter referred to as"Marlowe")was at all Times material hereto an employee of the City of Iowa City, Iowa, and on information and belief a resident of Johnson County,Iowa, and violated Plaintiff s constitutional rights. 11, Defendants IOWA DOES (multiple individuals who are each Person Doe, and are collectively referred to as"Iowa Does"until discovery reveals their identities)are unknown at this time, but upon information and belief are agents of Defendant City of Iowa City, Iowa, and on information and belief residents of Johnson County, Iowa, violated Plaintiffs constitutional rights, and are involved in a conspiracy to cover up the wrongful conduct of Defendants. 12. Defendants Alke,Hynes, Good,Marlowe,and Iowa City Does are hereinafter collectively referred to as"Iowa City Officers"), 13. At all times material,Defendants Iowa City Officers were police officers or r 4y Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 7 of 53 correctional officers/jailers charged with implementing and complying with the general orders, rules, regulations and policies mandating how Plaintiff was to be taken into custody, booked, treated, monitored, and protected while in the custody of Defendant Johnson County at Defendant Johnson County Sheriff's Office's jail facility in Iowa City, 14. At all times material,Defendants Iowa City Officers worked for or with Johnson County and acting within the scope of their authority as correctional officers/jailers for Johnson County. 15. At all times material,Defendants Iowa City Officers were also employed by Iowa City and acting within the scope of their authority as police officers for Iowa City. 16, Plaintiff lives in Iowa. Defendants lives in Iowa and in Colorado,but they have all worked together remotely in Iowa and locally in Iowa. 17. Defendants worked together in Iowa from November 2021 to the present, which is the period of the current facts at issue in this case. 18. The evidence in this case is located in Iowa,after much of it was sent fiom Colorado to Iowa between November 2021 to the present. 19.Defendants state in their email messages to each other that they intended that the evidpncL tey sett to Iowa or produced in Iowa would be used in Iowa to harm Plaintiff in Iowa. 20.-:fit wis used in Iowa, and it did harm Plaintiff in Iowa. This harm to Plaintiff first Ui t` 4 '`� JWpc� wle• Defendants worked together to deny Plaintiff access to federal rights in court and . ` the javhtey work in Iowa, which caused her to be denied her right to access the federal courts Are she had a pending ADA Title II lawsuit against many of the Defendants in Colorado, which she filed after winning unanimous reversal of their prosecutorial misconduct in prosecuting her she petitioned and was granted Disability Inactive Status in the Colorado Supreme Court. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 8 of 53 21. Defendants'work together in Iowa has continued through the present day, and it is still hurting Plaintiff as described below. All witnesses in this case live,work, or worked in Iowa. For these reasons, Plaintiff has fled this federal lawsuit in a United States District Court in Iowa. 22, All Defendants in this case are or were lawyers, law enforcement officials, or municipalities. The work they do at their jobs automatically generates court and other public records. When they worked together at their jobs to harm Plaintiff, they were all acting "under color of state law,"or purporting to do their jobs but actually doing things that were illegal because they didn't follow the federal laws that regulate how they do their jobs, 23. The work Defendants that did has therefore also been memorialized as "cases" or "legal arguments,"but any citations to them are included here as matters of"fact,"not necessarily as legal arguments, and they specifically plead Plaintiff's case. 24. A decade ago, Plaintiff worked for a very short time as a lawyer in Colorado. During that tinge, she experienced a disabling illness. When she was hospitalized a number of times in Colorado from 2010 to 2013 due to medication reactions, she hired lawyers, financial advisors, and accountants to close her small immigration law firm in Boulder, Colorado. 25. During that time,and at all times,PIaintiff actively protected her clients from harm. This fact is published in the U.S. District Court ruling published at Reyes -v Snowcap Creamery Inc., 898 F. Supp. 2d 1233 (D. Colo. 2012), the first reported decision in Colorado ruling that immigration status is irrelevant and non-discoverable in unpaid wage claims. Plaintiff's client then was able to win judgment for his unpaid wages, and he did, as shown at 2014 WL 1101446. 26. Also during this time,Plaintiff petitioned and was granted"Disabiy Ina Ve` ' Status"from the Colorado Supreme Court. Its court rules say that plaintiff's disabi i 4h4 halt—, been a private matter. ?� ! Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 9 of S3 27. Instead, Defendants have made it very public, first in Colorado and now in Iowa. 28. In 2010,Defendant Rothgery learned of Plaintiff's illness during their employment at the Colorado Supreme Court,when Plaintiff's lawyer disclosed it to that court as Plaintiff was hospitalized. 29. While the Colorado Supreme Court granted Disability Inactive Status to Plaintiff, Defendant Rothgery, on their own initiative,claimed that Plaintiff"caused"her own disability. 30, They decided to file ethics claims against Plaintiff in 2010 in Colorado. 31. They gossiped about Plaintiff's disability and encouraged her peers and colleagues to also claim that Plaintiff should not be allowed to practice law while disabled, so they could allege there were multiple complaints, not just theirs. 32, From 2010 to 2012, Defendant Rothgery told Plaintiff's lawyer at meetings in Denver that they believed that the Americans with Disabilities Act of 1990 ("the ADA") "did not apply"to their employer,the Colorado Supreme Court's Office of Attorney Regulation Counsel. 33. A decade later,Plaintiff has learned that the Colorado Supreme Court is a"program or service" under Title II of the ADA, and that Plaintiff is, and has been for over a decade, a "qualified person with a disability" because she is a court user who lives with illnesses that affect �r her 44jorllikactivities of working and reading, among other things. - 34.' In 2012,Defendant Rothgery was informed by Plaintiff's lawyer that Plaintiff was " scclgg as3istunce to close or transition her law firm to other lawyers. nr 35. J Defendant Rothgeiy testified under oath that they then went on to contact Iefendants S. Garnett and Walsh, who were at that time prosecutors in the state district courts in Colorado where Plaintiff lived at that time. S, Garnett then included his son A. Garnett, who is not a lawyer, in the prosecution of that case, At the trial, S. Garnett told jurors on the record in Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 10 of 53 that case, which appears in the transcript of that record, that his son gave his endorsement to this prosecution as a legislator, and that they should all vote for his son. This was just the beginning of S. Garnett's inclusion of his son A. Garnett in this matter. Plaintiff has never met A. Garnett and does not know him, but S. Garnett listed A. Garnett as a "victim" in Plaintiff's case, and Defendants all agreed in emails to place Plaintiff under 24-hour police GPS surveillance without ever charging her with a crime or alleging she had done anything to A. Garnett. "The plan is in place,"Defendants wrote. 36. Defendant Rothgery testified under oath that she asked Defendants S. Cnett and Walsh to work with her to prosecute criminally Plaintiff for closing her law firm. Y� g ry 37. These Defendants all knew in 2012 that Plaintiff had disclosed liar dibgbiW to Defendant Rothgery. 38. As licensed attorneys and prosecutors, they knew or should havey knovep-in 2012 that ADA Title II prohibited theirs from denying reasonable accommodations for disability to Plaintiff discriminating against Plaintiff on the basis of disability, or retaliating against Plaintiff on the basis of having requested Title Il due process, all of which they did and continue to do to this day,by agreeing to prosecute her without jurisdiction, without reasonable suspicion, without probable cause,working with Defendant state court judges and Defendants Cantor and Frolich to deny her right to counsel in retaliation for having asserted her rights under ADA Title II and in retaliation for having won the appeal of their sloppy, malicious prosecution. 39. They know or should know the same thing today in 2023,and they knew or should have known it for the decade and more in between,and yet they continue to violate take actions to harm Plaintiff, such as continuing for over a decade to keep meeting together, exchanging emails, Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 11 of 53 and talking on the phone, making continued agreements during this decade to work together in Colorado and then in Iowa to harm Plaintiff,which they did. 40. Specifically, the hatm that Defendants Rothgety, Walsh,and Garnett have inflicted on Plaintiff for over a decade includes their instructions to the other Defendants in this case to continue to prosecute Plaintiff even after the Speedy Trial statue had expired in the retrial of the appeal they lost and she won, encouraging thetas all to work together, transferring their former employees such as Defendants Weisbach,Rothroek, and Merkel,to work with Iowa City to arrest and torture Plaintiff in solitary confinement without food,water, or medication at all for days, and without food,water, or medication in correct amounts for weeks to months. 41. At their first meeting in 2012 in Colorado, Defendants Rothgery, Walsh, and Garnett agreed that Defendant Rothgery would continue her work against Plaintiff by filing a series of false reports with the Colorado Supreme Court accusing Plaintiff of taking money from her immigration clients and then doing no legal work, to make it look like Plaintiff had stolen money from her clients and had a habit of harming her clients from 2010 through 2013 in Colorado. 42. In 2014 in Colorado,Defendants Rothgery,Garnett,.and Walsh told jurors the same 1}i i i3,7Y. and Plaintiff was convicted of crimes and sentenced to horrible suffering. Id. .. 4' . In 2019,the Colorado Court of Appeals ruled that Defendant Garnett used his job aucL ectb-d-vffice as the Elected District Attorney in Boulder, Colorado,to maliciously prosecute k Plaffi;ifffnr a:rtions that were not criminal. This fact is published in the Colorado Court of Appeals opi€v%n ordering its unanimous reversal and remand of Defendant Gannett's case against Plaintiff, after which he resigned mid-term from his elected office and went to work with Defendant Rothgery at a private law firm,from which he has since also resigned. Id. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 12 of 53 collectively referred to as "the Defendant state court prosecutors," have worked to delay that "retrial"process in order to ensure that Plaintiff cannot receive any final resolution in Colorado of their wrongful conviction, 50. The Defendant state court prosecutors admit that their malicious prosecution of Plaintiff has gone on in Colorado for the past decade. In 2021, Defendant Kelly admitted on the record in the Colorado state district court in Boulder that the statutory speedy trial period expired in that retrial in duly 2021, and the Colorado statute required Defendant Hartman to dismiss the case at that time. 51. Instead of dismissing the case in July 2021, however, Defendant Hartman agreed with the Defendant state court prosecutors, Defendant Rothrock, Defendant Merkle, and Defendant Weisbach to continue retaliating against Plaintiff for having `won," and to pppue her in Iowa. 52_ In 2021,all Defendants all began working together in Iowa. ' can f 7_; 53. All Defendants all continue to work together in Iowa at the present tat. == 54. All Defendants all continue to "overstep" in their criminalizatio�i of 411tiff's disability, and their retaliation against her for having"won" the appeal of what they admitted in the state court on the record was a malicious prosecution. 55. On November 2,2021,they stepped into Iowa. 56. On November 2, 2021, evidence in the state count proceedings shows that Defendant Weisbach contacted the Iowa City Police Department and asked how she might go about arresting someone in Iowa who had no criminal charges in Iowa. f Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 13 of 53 57. She spoke by phone with Defendant John Goad,who is an Iowa City Police Officer and a Captain at the Johnson County Sheriff's Office where he oversees and directs the operations of the jail. 58. Defendant Good told Defendant Weisbach that she would need to send him an arrest warrant alleging a crime in Colorado, and then he could "pursue a hold" even if there were no - criminal charges alleged in Iowa. 59. Defendants admit in emails that what they really wanted was for Plaintiff to miss the approaching filing deadline in the ADA Title lI case she had then-recently filed in 2021 in the U.S.District Court in Denver,Colorado,where she reported their denial of her reasonable requests for accommodation under Title II of the ADA, their discrimination of her for being disabled, and their retaliation toward her for having: disclosed her disability and having requested disability accommodations in the languishing Colorado proceedings. 60. Emails between Defendants Hartman, Kelly, Sudano,Rothgery, and Garnett, all of whom were named in that ADA complaint, show that they had been corresponding for a number of months to decide how to arrest Plaintiff in Iowa City if she continued to pursue her ADA complaint. 61. Instead of engaging in the discovery process or filing appropriate motions in the federal court case, open records requests show in motions filed by Plaintiff's defense counsel in the state court that these.Defendants we.re all meeting and exchanging emails,text messages, inter- officaessages, and phone calls to plan what actions to take to block Plaintiff's ability to access t�:4he fe7eral court to maintain her case against them. Ln 62,; They all agreed that Defendant Hartman could enter an order in the pending I-LBoulgir case t�find that Plaintiff had—in Defendant Sudano's suggested terminology—"implicitly ems- ':_:3 Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 14 of 53 relinquished" her right to counsel, and then order her appointed lawyer to be dismissed from her defense,leaving her without a lawyer,which they did in fact do in August 2021. 63. Defendants Hartman, Kelly, Sudano, Rothgeiy, Garnett, Walsh, Rothrock, and Mulvahill all continued to send ernails, which have been provided to Plaintiff in response to an open records request in Colorado,in which they all agreed they would wait for Plaintiff to commit a crime and then arrest her in Iowa, and then offer her release in exchange for dismissal of her ADA complaint,which also had an approaching filing deadline at that time. 64. By November 2, 2021, Plaintiff still hadn't cornnutted any crime, so Defendants didn't have a warrant or any way to get one to arrest her in Iowa. What they had instead was a Webex hearing on that day in the languishing Boulder case. 65. Prior to the hearing,Defendants wrote emails to each other agreeing that they would ask for a warrant from Defendant Hartman after that hearing. He was working as a judge at that time in Colorado and was the judge on the bench during the 2014 trial put on by Defendant Garrett in Colorado against Plaintiff,which was unanimously reversed by the Colorado C40rt of)Qpeais.n in 2019, leaving the languishing rettial. rn •, : 66. On November 2,2421,Defendant Har'tnlan didn't have any reason to arrest Pl.nti =. F5 r either though, so Defendant Weisbach and Defendant Good agreed that, in order to appest Pljlntiff in Iowa City that day, prior to the approaching response deadline in her ADA complaint, they would draft an affidavit together with false statements alleging that Plaintiff had committed a crime, though they knew she hadn't, so they could get an arrest warrant. They agreed that Defendant Weisbach would swear and sign it, that Defendant Hartman would sign it, and that Defendants Alke,Hynes, Good, and Marlowe would arrest Plaintiff. Then they did those things. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 15 of 53 67. Theis emails show they planned to get an"arrest wan-ant,"but Defendant Hartman signed a "bench warrant" since the "crime" that Defendant Weisbach alleged was "failure to appear,"which didn't happen. 68. Defendant Weisbach stated that she wrote"failure to appear"in the warrant because there had been yet another hearing in the languishing Colorado retrial case on November 2,2021, and though Plaintiff appeared at that hearing via WebEx,which she had been doing since the 2019 reversal,long before the Covid pandemic,as the Colorado state district court ordered that she could do,and the Colorado Rules of Criminal Procedure also authorized her to do, Defendant Weisbach alleged she had been"able to confiim"that the stationery on a note in Plaintiff's file did not include the name of the resident or physician assistant who wrote the note,but rather only the name of the attending physician, all of whom are newly licensed graduates who have since left their rotations at the University of Iowa,and most of whom upon information and belief have moved out of Iowa. 69. Plaintiff hadn't committed any crime. She hadn't even failed to appear. She had merely complied with Defendant Hartman's (illegal) order that she forward him her medical records, after her denied her right to counsel. 70. Plaintiff did in fact appear at the hearing on November 2, 2021, from Iowa City, and an entire hearing had been conducted with the Defendants who worked in that Boulder courtroom on November 2, 2021. The record of that hearing is complete with arguments on motions, which Plaintiff Avon, rulings, and adjournment. A. complete hearing was had, and a L—)Com to*ord was made. LU �- U-)7I:._ -After that November 2, 2021 hearing, however, the Defendants all contacted each ather5i keep brainstorming how they could arrest Plaintiff before the ADA complaint filing deadlM. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 16 of 53 72. All Defendants all worked together all morning in Iowa on November 2, 2021, via telephone, fax, email, and text messaging to assemble their false statements in an affidavit for a warrant to arrest her for"failure to appear" at the hearing she had indeed appeared at,which they all knew she did. On November 2, 2021, after being contacted by Defendant Merkle, an investigator with Defendant Boulder County, Defendant Alke stalked Plaintiff until finally stopping the car she was driving, for no reason, with no reasonable suspicion, while she was driving a car owned by her mother, with no probable cause, for no traffic citation, and with no local charges, and then Defendant Alke proceeded to forcibly and deceptively arrest her, all the while telling her she was not under arrest and telling her Miranda was"no longer good law." 73. Defendant .Hartman, who signed the warrant, was the same judge who also appeared at the hearing on November 2, 2021. Since the warrant contained no correct or true factual allegations, but was instead a complete fabrication by Defendants, the warrant was defective and the arrest was illegal. 74. The Court can also take judicial notice of Colorado appellate attorney Suzan Almony's recitation of these facts in the Opening Brief of case 22CA77, which she filed in 2022 in the Colorado Court of Appeals, arguing that Defendant Hartman was biased as a matter of law when he did this to Plaintiff. The State of Colorado has delayed its response brigflbr I Wonths in that case, and the Attorney General is now citing Defendant Hartman's own."fit ta-'ernZiri silent." crr 75. Defendants Alke,Hynes,Good,and Marlowe,who are all Iowa City Pdlic�ffic� who work at the Johnson County Sheriff's Office jail, all physically arrested, restraified, and injured Plaintiff in Iowa City on November 2,2021. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 17 of 53 76. Within the first 24 hours of Ms. Cohen's incarceration at the Johnson County Jail, the Boulder District Attorney's Office asked staff there to test Ms. Cohen for COVID-19 and to produce the results of any such tests. Previous tests had indicated that she tested positive, then negative, then positive a number of times more. 77. More specifically, on November 3, 2021, Defendant Merkle, an investigator with ` the Boulder District Attor ney's Office,emailed Defendant Good Johnson County Jail and told him, "Thank you for speaking with us this morning. when[Plaintiff] is tested for Covid please send me the results,with any supporting documentation." 78. Later that same day, Defendant Good noted his"understanding"was that"a person can test positive for up to a few months with the Covid tests after having it." 79. Defendant Good stated in his em.ails with the other Defendants:"I cannot force this woman to take a Covid test." He repeatedly referred to Plaintiff as"this woman." 80. More emails on that day between Defendants Lyness,Zinunerman Smith,Nehring, and Van Compernolle state that jail staff were "trying to get one set up," and they told Plaintiff that the results would"allow us to send you home," "will not leave this jail," and"cannot be used against you." _:r 81. Jail videos.show that.Plaintiff,though under arrest and in the process of being asked -W qur on's about her actions, was repeatedly denied when she requested a lawyer during that time, i CL.- l bef.testing and before signing documents for the Iowa City police officer Defendants, 92: - Jail videos show the Iowa City police officer Defendants telling Plaintiff that rwiC6,4a was"no longer good law,""doesn't apply,"and"we don't have to do Miranda!' 83. It is undisputed that Plaintiff was never advised of her Miranda rights. Defendants don't deny that. Instead,they claim that Miranda was no longer good law. Of course that is false. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 18 of 53 84. Since Plaintiff was never advised of her Miranda rights, Plaintiff therefore could never have waived those rights. Waiver of Miranda requires advisement,and it is undisputed that she was never advised. Emails between Defendants M. Mulligan,W. Mulligan,Werkiug, Sinnott, Howard, Tuttle, Lyman, Frolich, and Cantor show these and other Defendants agreed, however, that Plaintiff "should have known police were deceiving her," and agreed to not object to Defendants' failure to advise Plaintiff of her Miranda rights and failure to provide her with a lawyer,and not to pursue or obtain her medical records. This agreement by Defendants to deprive Plaintiff of the right to counsel also deprived her of access to the court because that argument remains unmade and unpreserved. 85. In fact,Plaintiff was told that nothing she said or did in the jail in Iowa City would ever be used against her. 86. Defendant Good,however,did just the opposite. After telling Plaintiff that nothing she said or did would be used against her,and that her medical results would not be shared with anyone or used against her in any way,Defendant disclosed the result of that test with Defendant Weisbach, another investigator from the Boulder District Attorney's.Office, who authored the affidavit in support of an arrest warrant. 87. As noted by Defendant Weisbach in her affidavit, she received an email from Defendant Good on November 5,2021,informing her that Plaintiff had supposedly tested negative for COVID-19 at the Johnson County Jail in Iowa, where Defendants had been holding her in solitary confinement without an attorney, without access to her doctors,li hout a"y food, r,. ' d water, medicine, shower, soap, or reliable phone access, for over three days by that 4e, holding cell tlrat is smaller than a parking space, with no flushing toilet,no ivnning vatq; iroWiq ru Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 19 of 53 infestation, pooling blood from Plaintiff's own cough and bodily functions, and dangerous temperatures. 88. Jail medical records show that during that time Plaintiff suffered loss of muscle tone, bruising, bleeding, unmedicated Covid symptoms, urimedicated depression, anxiety, and severe panic attacks. 89. After Plaintiff was finally able to speak by phone for under two minutes with a friend who is a lawyer,but was not her lawyer and was not licensed to practice law in Iowa,on the evening of November 2, 202I, Plaintiff followed his advice and asked Defendants Hynes, Good, and Marlowe to keep all videos from her interactions in the jail for all of her time there, and to provide her with copies of them. 90. Instead of maintaining the videos, Defendant state court judges, Defendant state court prosecutors, Defendant Iowa City, and Defendant Iowa City police officers all exchanged more emails. In these emails, they all agreed that Defendant Marlowe would use his position as "records custodian"to "delete the worst of the videos," including specifically to delete"anything that shows her sick and screaming." 91. In a motions hearing in Boulder in 2022, Defendant Hynes claimed he could not recall toe status of the videos, but could recall Plaintiff screaming for help at the jail. � �42. In an open records action in 2023,which Plaintiff'filed in the Iowa state court in an t emOtn 9btain the deleted videos a Fter Defendant Marlowe claimed lie "happened upon" snore " .-(,—) �ldeoE�Deltndants Nehring and Van Compernolle admit in their Answer that Defendant Marlowe was it ieted-o delete videos and that he did indeed delete videos. 93. They go on to claim that all other videos that had not been deleted had been provided to Plaintiff,but after filing that, they"happened upon"even more videos;none of which Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 20 of 53 are the ones that were deleted per the Defendants' agreements in email and other messaging, and they have yet to deliver them.to Plaintiff, even to this day. 94. The state court issued a subpoena duces tecum to the Iowa City Defendants to produce the"happened upon"videos,the remote copies of the deleted videos, and more discovery in that case, but Defendants told Plaintiff that they "have entered litigation mode" and that she "should sue them in federal court" if she believes they have agreed to work with the other Defendants to deprive Plaintiff of her right to access the courts by withholding the videos and other discovery in the multiple state court cases in which the videos are discoverable pursuant to Rule 16,Brady,and Giglio. 95. Plaintiff never gave consent to anyone at the Johnson County Jail (or anyone else)to share protected health information supposedly obtained from staff there with anyone at the Boulder District Attorney's Office (or anyone else). 96. Although the prosecution had directed Johnson County Jail staff to obtain a a signed release of information from Plaintiff while she was incarcerated in Iowa, that release of information was addressed specifically to "University of Iowa Hospitals and Clinics," not to the Johnson County Sheriff's Office, their jail staff, or any other members of law enl�gcement. Plaintiff was also told by the Iowa City Defendants that this information would x0t be sled Wttf] anyone, would not leave the jail,would not be used against her,and would allow her to g�1 horfe'.. n r7i 97. Plaintiff had and has a reasonable expectation of privacy in her.protectd heat information collected and maintained by any jail where she's been incarcerated, and 1P never consented to the sharing of any such information with the Boulder District Attorney's Office or any other law enforcement agency. 98. The evidence obtained from Ms. Cohen's body at the Johnson County Jail was Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 21 of 53 protected not only by the federal and state constitutions, but also by HIPAA, which applies to protected health information. See, e.g., 42 U.S.C. § 1320d-6. Under § I177 of HIPAA, the punishment for a violation of this provision is a fine of up to$50,000 or a prison sentence of up to one year. 99. Obtaining, disclosing, or copying another person's medical infonnation is a felony, and Defendants'emails show that they knew it was also a warrantless search of Plaintiff. 100. Defendants Weisbach,Merkle,and Rothrock,investigators and clerks in the court's offices, have committed both federal and state crimes in obtaining Plaintiff's medical records without proper authorization, and by fraudulently inducing her to sign releases,and then acting in excess of even those releases. They likewise have a personal and financial interest in the outcomes of the state and federal cases that led to this case. 101. In the state court cases,counsel for Plaintiff has filed many motions to preserve this and other prosecutorial misconduct and has asked for dismissal many times. For example, a "Motion to Dismiss for Repeated, Ongoing Outrageous Governmental Conduct" was filed on January 3,2022.in Boulder. 102. What makes these state cases relevant to this federal action is not the cases themselves or the decisions themselves. Plaintiff is not asking this Court to review the lower court decisions, only to take judicial notice of them as matters of fact. Plaintiff does not request this Court rule on anything or intervene with state court action in any way other than to issue de§gratoiy relief and an injunction directing them to follow federal law. r— 10. The prevailing relevant force in this case now before`this Court,and what this Court LIJ can act ppon, is the underlying agreement between all Defendants to deprive Plaintiff of her rights to 3un�.e1--and presence in the state courts, and her right to access the federal courts. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 22 of 53 104. Defendants have engaged in over a decade of emails, instant messages,inter-office messages, letters, faxes, phone calls, and other communications in which they all agree to deny Plaintiff's ADA accominodations, to hurt Plaintiff because she requested ADA accommodations, and to falsify documents and arguments—and even arrest warrants—to hurt Plaintiff. 105. Plaintiff tested positive for Covid, and medical records from the jail show that Defendants Alke, Hynes, Good, Marlowe were all told by the deputies at the jail, and therefore had actual knowledge, that from November 2 to December 6,2021,Plaintiff at the jail was unable to breathe at times, was coughing up blood, was bleeding, had bruising and swelling on her arms and legs from Defendants' abuse at the jail, and had other horrendous physical injuries, yet these same Defendants denied her medical care. They denied her transport to the hospital. 106. Iowa Administrative Code 50.13(2), (a)(3) requires hourly checks, except for prisoners "considered to be in physical jeopardy because of physical or mental condition," who w� "shall be checked personally at least every 30 minutes until the condition is alliviatede', Rece" from the jail prove that Defendants did not do this. 107. Defendants also denied Plaintiff cominunication.with her dactdr;and;.•wiq family. Instead of letting Plaintiff talk to her doctor and her family,Defendants'own entails show that they themselves talked with her doctor and her family, and then exchanged ideas via email with the other Defendants about how to use the information they obtained against Plaintiff. 108. Again,all Defendants agreed to have Plaintiff held in solitary confinement in Iowa City at the Johnson County Sheriff's Office jail in a cell smaller than a parking space that was infested with mice and mice droppings, spiders,mold, and a toilet that didn't flush, with a push- button sink with water that barely ran and was tinted with red-colored rust and chemicals. i Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 23 of 53 109. From November 2, 2021, through to December, Plaintiff had no shower. She had no soap, no toothbrush, no feminine hygiene products, no dunking water, and no food at all for five days, until after she signed papers she was forced to sign"to go home." 110. The jail logs show that Defendants Good,Marlowe,Hynes,and Alke were told that Plaintiff was not being fed,hydrated,or allowed to shower"until she signs"the papers they wanted her to sign. 111. They agreed by email to deceive Plaintiff by telling her that she could "go home" if she signed these. 112. They told her in the solitary cell and in the hallways of the jail that if she signed papers, she could go home. 113. They held the papers against the wall and told her to sign them,without letting her read there. 114. Then, after signing these papers, Plaintiff was not allowed"to go home." 115. Defendants Marlowe, Hynes, Good, Kelly, Kendall, Howard, and Tuttle all told Plaintiff that the papers she signed would not be used against her, and that she was not entitled to an attorney. 116. The jail videos show them telling her that Miranda was no longer good law, that "we don't have to do Miranda,"and that she had no right to counsel or due process. 117. Then they used the papers against her and continued to hold her, denying her medication,medical care,food,water,telephone access,and access to running water,showers,and JIrking toilets until December 6, 2021, at which time they sent her from Iowa to Colorado in c �y�� litei:al ins. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 24 of 53 118. Once Defendants locked her in jail without access to a computer—much less any access to PACER, without access to call the U.S. District Court in Denver by phone, without a lawyer, and denied her access to send or receive U.S. Mail,Plaintiff was not able to respond to the ADA complaint she had filed, and it was dismissed by operation of law,not on the merits. 119. Defendants Rothrock, Howard, Salamone, Kendall, Mulvahill, Kelly, Weisbach, and Sudano sent emails congratulating each other for this "victory" against Plaintiff. "Sure shut her up," one email says. "ADA that," another email says. "She is nothing if not crafty," says another. 120. Defendants Hartman, Howard, Tuttle, and Lyman are all state court judges who violated ADA Title Il when they summarily denied Plaintiff's reasonable .requests for accommodation of her known and documented PTSD disability, which where requests that she have the public defense which she undisputedly qualified for and that she be present at the critical stages of proceedings, both of which are also her Constitutional rights. These Defendants also emailed with Defendants Cantor and Frolich,who coordinate the appointments of alternate public defense in Colorado,and they agreed to deny Plaintiff a lawyer. In fact,Defendant Frolich copied Plaintiff on an email,presumably inadvertently,that she sent to a clerk during a hearing and it was admitted during that hearing that Defendants Frolich and Cantor had been supplying the Defendant state court judges with the precise language to use in an order denying Plaintiff a lawyer. They were sending each other emails telling each other how to hurt Plaintiff. Defendant Lyman did make an oral order in court quoting that language, but then after Plaintiff forwarded Defendant Frolich's email to Defendant Cantor,Defendants changed course and never issued a.written*rder with that language. Instead, they assigned Defendant Sinnott to represent P1ain0jTr* nd 'e told �V I Plaintiff, in a call that she insisted Plaintiff record, that sbe will"make sure"Plaintiff 17'1ockt7- Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 25 of 53 up" if she continues to refuse to "plead out." Defendant Sinnott did no work to defend Plaintiff, instead,her appointment continued to deny Plaintiff the right to counsel. 121. These Defendants knew Plaintiff was had sought remedies in federal law via the ADA,and they hurt her in order to make sure she couldn't access those remedies. 122. Then all Defendants celebrated via email and instant messenger, which were later produced in response to a Colorado open records request. 123. All named Defendants all admit that they knew at all times in this lawsuit that Plaintiff was and is disabled. They knew because it was so highly published. They knew because she told them. 124. They all knew she needed daily medication because she told them, and they all denied her medication and medical treatment. 125. They knew she needed her doctors and disability supports, because she told them, and because her doctors told them, and they denied those,too. 126. They all knew she needed medical care,hygiene, and sanitation, yet they told her it was"policy"at the Iowa City jail to deny those things. 127. They all knew they were required to provide her with an attorney when she requested one repeatedly at the jail,yet jurors will see videos showing Defendants Marlowe,Good, Hynes, and Alke telling her that their"policy" was"we don't have to do Miranda." 128. In fact, after Plaintiff complained about this, the Towa City police officer Defendants admit in emails with Defendants Kendall, Sinnott, and Howard that they have "up,pted"their"policy"by adding to the jail handbook a statement that anything said may be used l ' aga6lsti T c. erson being held at their jail. Prior to November 2, 2021,jail supervisor Defendants tJ GoW : 1. IW16we,Alice, and Hynes all knew that the risk of denying Constitutional rights such as Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 26 of 53 the privilege against self-incrimination,the right to counsel,the right to be free from searches and seizures,and other Constitutional rights without such a"policy" and without training about it. 129. Even with this knowledge,they all failed to train staff to obey federal laws such as an arrested person's rights to Constitutional due process, the .right to counsel prior to being interrogated — no less tortured -- in custody as Plaintiff was, and other rights guaranteed in Miranda. 130. During the time Plaintiff was being held in the Iowa City jail, Defendants Van Comperno Ile,Nehring, and Lyness, who are or were at that time City Attorneys tasked to defend the police in Iowa City, all exchanged emails with their clients .Defendants Hynes,Alke, Good, and Marlowe, along with Defendants Kelly, Sudano, Kendall, Dougherty, and Weisbach in Colorado, and all Defendants agreed that video monitoring showing Plaintiff's illness, distress, and torture in solitary confinement should be manually deleted at the jail. 1.31. These Defendants all knew that they had an ongoing discovery obligation under Rule 16,Brady,Giglio,and other state and federal laws to preserve and produce all of these videos and give them to defense counsel in the warrant case fiorn Colorado. H 132. Instead, the Defendants in Colorado made sure she didn't haiVa laviAr in the warrant case in Colorado, and the Defendants in Iowa made sure the videos yr allanuaH� r• } C-1 deleted. -v 133. Defendant Van Compernol.le admits this in an Answer he filed in.., lain 's open records lawsuit in the Iowa state district court, and in recorded court-ordered phone calls in that case. 134. Defendants all agreed to deny Plaintiff any bond whatsoever,and then all agreed to demand an outrageous bond they knew she couldn't pay at that time. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 27 of 53 135. They all agreed to hold her in solitary confinement in Iowa for six weeks without medication, denying her food,water,hygiene, and more. 136. Their emails show they planned and agreed to tell her that she wasn't entitled to a lawyer during custodial interrogation. 137. Their emails show they all agreed to tell her she could "go home" if she signed releases of her federally protected health information, and that they would not use any of this against her. 138. Instead,however,they used all of it against her. 139. They took portions of that health information, mischaracterized it, and filed new felony charges against her in December 2021-based on this information. 140. Defendants admit in their emails to one another that they couldn't arrest Plaintiff for any crime,because she hadn't committed any crime. Then their emails congratulate each other for making one up themselves. 141. Defendants all worked together to fabricate a defective warrant, to arrest her without probable cause, and then to hold and torture her for six weeks before sending her from Iowa to Colorado in chains. 142. In 2022, Plaintiff later filed another ADA complaint in Colorado,after her first one was dismissed when she couldn't respond while locked in Defendants'jail. That ADA complaint only alleges violations of Title 11 of the ADA. It only asks for rompcnisat.o y relief, not future relief. It only addresses the actions that only Andrew Hartman and Amie Kelly took, which oeViTed prior to this case, It does not address any of the other Defendants in this case. It does ncft•ad4ress any law other than the ADA. It does not allege any violations of any other laws. 1t Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 28 of 53 does not rely on 42 U.S.C. Section 1993 or 1985 to address any of the Constitutional violations that are mentioned in this case here now. It is only an ADA complaint. 143. The Colorado Attorney General responded to that ADA complaint and stated that allegations occurring on and after November 2,2021, were not relevant to that complaint. 144. Defendants Kelly and Hartman also both resigned from their positions. 145. Defendant Kelly is no longer a Boulder prosecutor. 146. Defendant Hartman recused from Plaintiff's case, as did the entire bench of that court,after Plaintiff appealed his denial of her right to counsel in retaliation of her ADA complaint, after which Ms.Ahnony filed the brief establishing his bias as a matter of law. 147. For these reasons, and because all Defendants named in this case specifically acted in Iowa to harm Plaintiff in Iowa, and many are government employees of the State of Iowa or its municipalities,who all live and work in Iowa,this case is properly filed hi the L f&Disitiet CCLU-q in Iowa. = �� 148. The City of Iowa City is properly named as a Defendant for its.faili}re tram :. ., police officers and other municipal employees who harmed Plaintiff. .� 149. Defendants Iowa City police officers acting under the color of state law violated Plaintiff's right to be free from the use of excessive force in being placed under arrest, as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C. § 1983, and Article I, Section Eight, of the Iowa Constitution. 150. Defendants Iowa City police officers proximately caused damages including emotional pain and trauma, past and future to Plaintiffs using excessive force in effectuating the wrongful arrest in violation of rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article 1, Section Eight, of the Iowa Constitution. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 29 of 53 151. Defendants Iowa City and Johnson County, Iowa established a policy, regulation, official decision, custom, or usage, and/or ratified such conduct after the fact, with reckless or deliberate indifference to the rights of persons in the position of Plaintiff. 152. Defendants Iowa City and Johnson County, Iowa have established, maintained, enforced, and/or ratified policies, regulations, official decisions, customs, or usages which - unconstitutionally deprive citizens of the right to be free from the use of excessive while being detained as guaranteed by the Fourth Amendment to the United States Constitution, and Article I, Section 8, of the Iowa Constitution. 153. Defendants Iowa City and Johnson County, Iowa through policymakers and managers had actual or constructive knowledge of the use of excessive force by its employees and/or ratified such conduct after the fact. 154. Plaintiff was subjected to this official policy, regulation, official decision,custom, usage, and/or after-the-fact ratification when she was tortured by Defendants Iowa City and Johnson County,Iowa. 155. Defendants' policy, regulation, official decision, custom, usage, and/or after-the- fact ratification as against Plaintiff was purposeful and intentional. 156. Defendants deprived Plaintiff of the rights guaranteed her under the Fourth Amendment to the United States Constitution,and Section I,Article 8,of the Iowa Constitution, in violation of 42 U.S.C. § 1983, by seizing her such that no reasonable person in her position would have believed they were flee to leave because she had been taken into custody, and jail videi&shows-that when she asked them"Am I free to leave?"they answered"hell no." 157. -: Plaintiff has been damaged as a direct and proximate result of Defendants' acts i� L- and WSM611,s, as set out in this Complaint. LL SV Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 30 of 53 158. Defendants Iowa City police officers, Colorado state court judges, and Colorado state court prosecutors have all acted in a reckless and/or malicious manner subjecting them to punitive damages. 159. WHEREFORE,the Plaintiff prays for judgment against the Defendants,Iowa City and Johnson County, City of Boulder and Boulder County, Colorado, and all of their employees individually, in an amount which will fully and fairly compensate her for her injuries and damages; for attorneys' fees when counsel is retained; for interest and costs as allowed by law; for punitive damages against the above-reference Defendants in this paragraph; and for such other and further relief as may be just in the premises. 160. All Defendants acted in concert to falsely arrest Plaintiff in Iowa City in an unreasonable,unnecessary and/or reckless manner,resulting in Plaintiff's injuries. 161. At the time Defendants acted in concert to falsely arrest Plaintiff in Iowa City,they all knew she had not failed to appear at the hearing as was alleged in the arrest warrant,because they were either on the court call and heard that Plaintiff did appear,or they were told in email that she did in fact appear as she had been ordered for years to appear in those proceedings, and as is Colorado law, and they knew she had not committed any offense. They all stated in emails that they were acting to harm her because they didn't want her to advance her federal ADA lawsuit against them for their earlier denials of her accommodations, and their earlier retaliation against her. 162. Defendants made the decision to falsify an arrest warrant. °="� Nj 163. Defendants made the decision to assault Plaintiff during the arrest.' : i; i Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 31 of 53 164. Defendants made the decision to torture Plaintiff, including to starve her body and deny her previously prescribed medications and water entirely for more than five days in a crow, until she signed the papers they forced her to sign. 165. Defendants' agreements in emails to continue to deny Plaintiff her ADA accommodations and to retaliate against her, including to deny her right to counsel and her right to presence to access the courts and petition the courts for redress,was so egregious and outrageous as to shock the conscience. 166. In making these agreements to deprive Plaintiff of her rights, and then carrying them out, Defendants acted with deliberate indifference to a significant risk of harm to Plaintiff and did so, at least in part, because Plaintiff is a woman. Their emails refer to her over and over as"this Woman,""this bitch," and "a woman lawyer." 167. In making these agreements to deprive Plaintiff of her rights, and then carrying them out,Defendants acted with the specific intent to cause harm. Their emails say they want to hurt Plaintiff,to "mare her sorry"for filing the first federal lawsuit she filed,and they did. 168. In making these agreements to deprive Plaintiff of her rights, and then carrying them out,under the color of state law,Defendants violated the right of Plaintiff to substantive due process as guaranteed by the Fourteenth Amendment to the United States Constitution,as enforced through 42 U.S.C. § 1983, and Article I, Section 9 of the Iowa Constitution. 169. Defendants Iowa City and Johnson Caunfy, Iowa violated the right of Plaintiff to substantive due process as guaranteed by the Fourteenth Amendment to the United States Constitutio 4 as enforced through 42 U.S.C. § 1983, and Article I, Section 9 of the Iowa —' ConSjitutgn by engaging in a cover up of all Defendants' wrongful conduct. L m„* 1 i {"; Plaintiff has been damaged as a direct and proximate result of Defendants' acts Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 32 of 53 and omissions,as set out in this Complaint. 171. WHEREFORE,the Plaintiff prays for judgment against the Defendants, Iowa City and Johnson County, City of Boulder and Boulder County, Colorado, and all of their employees individually, in an amount which will fully and fairly compensate her for her injuries and damages; for attorneys' fees when counsel is retained;for interest and costs as allowed by law; for punitive damages against these Defendants; and for such other and further relief as may be just in the premises. 172. Defendants had no legitimate reason to arrest Plaintiff in the first place because they knew that Plaintiff had not failed to appear. 173. Defendants acted unreasonably by stopping Plaintiff. 174. Defendants acted unreasonably by using torture force in order to seize Plaintiff when no such force was justified. 175. Defendants,acting under the color of state law,violated the right of Plaintiff to be free from unreasonable seizure as guaranteed by the Fourth Amendment to the Unittates id .. "T1 Constitution, enforced through 42 U.S.C. § 1983, and Article I, Section 8, of the Igwa Constitution. k � 176. Defendants proximately caused damages to Plaintiff by unlawfully arid without a proper basis to do so, stopping her vehicle and seizing her in violation of her frights guaranteed by the Fourth Amendment to the United States Constitution,as enforced through 42 U.S.C. § 1983, and Article 1, Section 8,of the Iowa Constitution. 177. WHEREFORE, the Plaintiff prays for judgment against the Defendants in an amount which will fully and fairly compensate her for her injuries and damages; for attorneys' } fees. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 33 of 53 178. Defendants do not have sovereign. immunity, absolute immunity,qualified immunity, or any other immunity at all, for the ADA claims,pursuant to U.S. v. Georgia, 546 U.S. 151 (2006) and Tennessee v. Lane, 541 U.S. 509 (2004),because Defendants'violations of the ADA were also denials of Plaintiff's Constitutional rights. 179. Defendants also lack immunity because they all acted without jurisdiction. 180, After the Colorado Court of Appeals unanimously reversed Defendants'malicious prosecution and wrongful conviction of Plaintiff, and remanded that 2014 case for a new trial in 2019 based on Defendant Hartman's dozens of Constitutional errors in presiding over that case, the statutory Speedy Trial period in that retrial expired in July 2021.See Cohen, supra, Petition for Rule to Show Cause Pursuant to CAR. 21,filed in Case 21S11207 on July 12, 2021. 181. Therefore,Defendant Hartman had no jurisdiction in that case to order Plaintiff to send him her medical records, to appear via WebEx,to appear in person,to revoke or deny any bond,to issue arrest warrants, or to enter any orders or hold any hearings in that case after the expiration of speedy trial. 182. Colorado's speedy trial statute provides,in pertinent part, "if a defendant is not brought to trial on the issues raised by the complaint, information, or indictment within six months fiom the date of the entry of a plea of not guilty,he shall be discharged from custody if he has not been admitted to bail,and,whether in custody or on bail,the pending charges shall be.dismissed[]" (.R,,S_ § 18-1-405(1)." 183. This statute"is intended to safeguard a defendant's constitutional right to a speedy trial a0 to,pr-event unnecessary prosecutorial and judicial delays in the prosecution of a criminal wase,Ebediiati 461 P.3d at 14. �a c�a Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 34 of 53 184. Defendant Hartman repeatedly misapprehended and misapplied Colorado's speedy trial statute in Ms. Cohen's 2014 case. See Cohen, supra, Motion to Dismiss for Lack of Jurisdiction,filed in Case 21C.R1982 on April 12, 2022. no LJ�Y 185. 42 U.S.C. § 1985 makes it unlawful for two or more parties to conspire t�eny� Constitutional rights, privileges, and immunities to citizens,including equal protection.W sex- based animus. 186, All Defendants have conspired to cover up the wrongful and unconstitutional conduct of all Defendants by refusing to disclose the facts and circumstances of Plaintiff's cases, by misleading the public about the justification for the Iowa arrest, and by deleting videos and other evidence. 187. Defendants City of Iowa City, Johnson County Sheriff's Office,Johnson County, Iowa, City of Boulder, Colorado,Boulder County Sheriff's Office,and Boulder County, Colorado,through its employees and agents including the Iowa Does and the Colorado Does, have a history of editing and selectively releasing audio/video in order to conceal wrongful conduct by its officers. Defendants released only portions of the video of the subject matter incident selected in order to put their conduct in the best light possible, while their emails show they instructed their employees and agents to delete the majority of the footage. 188. Defendants specifically and unlawfully refused an open records request from Plaintiff for all audio,video,reports and investigative files of her time in their custody,where she i was tortured. Defendant Van Compernolle, for example, told Plaintiff on a phone call that he Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 35 of 53 insisted her record that"no one is gonna [sic]see anything to make them think you were tortured even though we didn't feed you for a week." 189. Even after the Iowa Supreme Court issued a recent decision noting that"`[t]here is a presumption in favor of disclosure' and `a liberal policy in favor of access to public records.' Hall a Broadlawns Med. Or., 811 N.W.2d 478,485 (Iowa 2012). `Disclosure is the rule, and - one seeking the protection of one of the statute's exemptions bears the burden of demonstrating the exemption's applicability.'Diercks, 806 N.W.2d at 652(quoting Clymer a City of Cedar Rapids, 601 N.W.2d 42,45 (Iowa 1999))."' Mitchell a Cedar Rapids,No. 18-0124,filed April 4, 201, pp. 10-I1,Defendants refused to release records covered by the Mitchell holding. 190. Defendants refused to release"any investigative reports or electronic communication generated or filed within 96 hours of the incident, but does not apply to reports or memorandum generated solely for purposes of a police internal review of the incident," as held by the Iowa Supreme Court in Mitchell.At p. 6. 191. Defendants refused to provide a privilege log identifying what records it was refusing to release and then attempted to put the burden on Plaintiff to"provide the City with the public interest(s)disclosure of such records would serve,"without identifying the records, all in violation of Iowa law and the holding in Mitchell. 192. Defendants claimed the exclusive right to determine what records are to be produced,contrary to the holding in Mitchell, stating that the City"will weigh the public interests identified by you against the public interest(s)that would suffer by disclosure." L-J93. Finally,Defendants claimed that its agent alone will"identify any records L—Weigft i4 favor of disclosure to you and provide with you the reasonable fee for the 4 Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 36 of 53 actual cost of providing copies of such records," charging Plaintiff$60 for records it"happened upon"later, all in violation of Iowa law and the holding in Mitchell. 194. For nearly two years, Defendants have been intentionally delaying the freedom of information act process and filing unnecessary and frivolous objections to requests they release information, all for the purpose of covering up the wrongful conduct of its agents and employees, including police officers. 195. Defendants reached an agreement to cover up all wrongful conduct of law enforcement officers employed by the Defendants and to deny the class of individuals, particularly those who are disabled and those who are women, and those subjected to wrongful sex-based conduct by Defendants' police officers, equal protection under the law and privileges and immunities under the law. Plaintiff is one such individual in this class. 196. Defendants proximately caused damages to Plaintiff by conspiring to-deny 7 . access to the facts and circumstances surrounding the arrest of Plaintiff without a prupelyN) ch basis to do so in violation of 42 U.S.C. § 1985. ' Fss 197.The individual agents of Defendants conspired and agreed to keep the public fro being u-� informed of the wrongful and unconstitutional conduct of Defendants, and routinely conspire to cover up all wrongful conduct by Defendant law enforcement officers particularly involving wrongdoing inflicted upon sex minorities and minorities with disabilities, such as Plaintiff. 198. WHEREFORE,Plaintiff prays for judgment against the Defendants in an amount which will fully and fairly compensate her for her injuries and damages;for attorneys' fees when counsel is retained; for interest and costs as allowed by law; for punitive damages against the individual Defendants; and for such other and further relief as may be just in the premises. 199. The public records request in this case has been pending for nearly two years. Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 37 of 53 200. The tactics of Defendants intent on keeping government wrongdoing secret have made it fruitless and impossible to properly enforce Iowa's open records laws. 201. Defendants should be immediately required to release all information regarding the illegal arrest and detainment of Plaintiff in compliance with the holding of the Iowa Supreme Court in Mitchell v Cedw-Rapids,No. 18-0124, filed April 4,2019. 202. Defendants have acted in violation ofArticle 1,Section 2, ofthe Iowa Constitution, requiring that "[a]ll political power is inherent in the people. Government is instituted for the protection,security,and benefit of the people,and they have the right,at all times,to alter or reform the same, whenever the public good may require it." 203. WHEREFORE,the Plaintiff prays for an Order from this Court.requiring the Defendants to publicly release all records regarding the illegal arrest and detainment of Plaintiff, in compliance with Mitchell a Cedar Rapids,No. 18-0124, filed April 4,201; for attorneys'fees when counsel is retained; for interest and costs as allowed by law; and for such other and further relief as may be just in the premises. JURY DEMAND 204. Plaintiff respectfully requests a trial by jury on all legal claims raised by this Complaint. Ln !-U i Li LLI — `i cc�e Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 38 of 53 Item C: Defendants CITY OF IOWA CITY, IOWA, an Imva municipality Address: 410 E Washington Street, Iowa City,IA 52240 Telephone Number: (319)356-5000 Home State:Iowa JOHNSON COUNTY SHERIFF'S OFFICE Address: 511 S Capitol Street, Iowa City, IA 52244 Telephone Number: (319) 356-6020 Home State: Iowa JOHNSON COUNTY,IOWA Address:417 S. Clinton Street, Iowa City,IA 52240 _ Telephone Number: (319) 339-6100 Home State: Iowa Ln IAN ALIKE Address; 410 E Washington Street,Iowa City, IA 52240 Telephone Number: (319) 356-5000 r: Home State: Iowa " crt MICHAEL HYNES Address: 410 E Washington Street,Iowa City, IA 52240 Telephone Number: (319) 356-5000 Home State: Iowa JOHN GOOD Address: 410 E Washington Street,Iowa City, IA 52240 Telephone Number: (319) 356-5000 Home State:Iowa DEMETRIUS MARLOWE Address: 410 E Washington Street,Iowa City,IA 52240 Telephone Number: (319) 356-5000 Home State:Iowa JANET LYNE`SS Address: 500 S. Clinton Street, Suite 400,Iowa City, IA 52244 Telephone Number: (319) 339-6100 Home State: Iowa Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 39 of 53 1ra { tv aye . Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 40 of 53 RACHEL ZIMMERMAN SMITH Address: 500 S. Clinton Street, Suite 400,Iowa City, IA 52244 Telephone Number, (319) 339-6100 Home State: Iowa SUSI NEHRING Address: 500 S. Clinton Street, Suite 400, Iowa City,IA 52244 Telephone Number: (319) 339-6100 Home State:Iowa DAVID VAN COMPERNOLLE Address: 500 S. Clinton Street, Suite 400, Iowa City, IA 52244 Telephone Number: (319) 339-6100 Home State: Iowa IOWA DOES Address: Unknown Telephone Number: Unknown Home State:Iowa CITY OF BOULDER,COLORADO,a Colorado municipality Address: 1777 Broadway Street,Boulder, CO 80302 � _ -2 Telephone Number: (303)441-3090 �� �l Home State: Colorado - a crt BOULDER COUNTY SHERIFF'S OFFICE Address: 5600 Flatiron Parkway,Boulder, CO 80301 ' Telephone Number: (303)441-3600 Home State: Colorado cti BOULDER COUNTY, COLORADO Address: 1325 Pearl Street,Boulder, CO 80302 Telephone Number: (303)441-3190 Home State: Colorado ANDREW HARTMAN Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado ANNE KELLY Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Number: (303) 441-3090 Home State: Colorado Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 41 of 53 Uj r Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 42 of 53 MICHAEL DOUGHERTY Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Number: (303)441-3090 Horne State: Colorado MICHELLE SUDANO Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Horne State: Colorado ADAM KENDALL Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado KRISTINE WEISBACH Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado CHRIS MERKLE 71 Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado �_' `n r~ ELIZABETH ROTHROCK 'ti ry Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado THOMAS MULVAHILL Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado NANCY SALAMONE Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado STEVEN HOWARD Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado I Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 43 of 53 Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 44 of 53 DINSMORE TUTTLE Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303) 441-3090 Home State: Colorado GRE GORY LYMAN Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado LINDY FROLICH Address: 1300 Broadway Street, Suite 330, Denver, CO 80203 Telephone Number: (720) 994-2840 Home State: Colorado DARREN CANTOR Address: 1300 Broadway Street, Suite 330, Denver, CO 80203 Telephone Number: (720) 994-2940 Home State: Colorado MARY CLAIRE MULLIGAN Address: 1300 Broadway Street, Suite 330, Denver, CO 80203 Telephone Number: (720) 994-2840 ` Home State: Colorado ` ''"{ N) WILL MULLIGAN Address: 1300 Broadway Street, Suite 330,Denver, CO 80203 Telephone Number: (720) 994-2840 r_— Home State: Colorado ` ROBERT WE,RKING Address: 1300 Broadway Street, Suite 330,Denver, CO 80203 Telephone Number: (720)994-2840 Home State: Colorado KATHLEEN SINNOTT Address: 1300 Broadway Street, Suite 330,Denver, CO 80203 Telephone Number: (720) 994-2840 Home State: Colorado STANLEY GARNETT Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303) 441-3090 Home State: Colorado Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 45 of 53 _-r r r a Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 46 of 53 JANE WALSH Address: 1777 Broadway Street,Boulder,CO 90302 Telephone Number: (303)441-3090 Home State: Colorado KATI ROTHGERY Address: 1300 Broadway Street, Suite 500,Denver, CO 80203 Telephone Number: Home State: Colorado COLORADO DOES Address:Unknown Telephone Number:Unknown Home State: Colorado Ln v Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 47 of 53 u-s c Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 48 of 53 Item C: Defendants CITY OF IOWA CITY,IOWA, an Iowa municipality Address:410 E Washington Street,Iowa City, IA 52240 Telephone Number: (319) 356-5000 Home State: Iowa JOHNSON COUNTY SHE,RIFFIS OFFICE Address: 511 S Capitol Street,Iowa City,IA 52244 Telephone Number: (319) 356-6020 Home State: Iowa JOHNSON COUNTY,IOWA Address: 417 S. Clinton Street,Iowa City, IA 52240 Telephone Number: (319) 339-6100 Home State:Iowa IAN ALKE Address: 410 E Washington Street,Iowa City,IA 52240 Telephone Number: (319) 356-5000 Home State: Iowa — MICHAEL HYNES t �' Address: 410 E Washington Street,Iowa City, IA 52240 - N CA Telephone Number: (319) 356-5000 Home State: Iowa ' JOHN GOOD a 4�" Address: 410 E Washington Street,Iowa City,IA 52240 cn Telephone Number: (319)356-5000 Hoene State: Iowa DEMETRIUS MARLOWE Address:410 E Washington Street,Iowa City, IA 52240 Telephone Number: (319) 356-5000 Home State: Iowa JANET LYNESS Address: 500 S. Clinton Street, Suite 400, Iowa City,IA 52244 Telephone Number: (319) 339-6100 Home State: Iowa I Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 49 of 53 RACHEL ZIMMERMAN SMITH Address: 500 S. Clinton Street, Suite 400,Iowa City, IA 52244 Telephone Number: (319) 339-6100 Home State: Iowa SUSI NEHRING Address: 500 S. Clinton Street, Suite 400,Iowa City, IA 52244 Telephone Number: (319) 339-6100 .Home State:Iowa DAVI.D VAN COMPERNOLLE Address: 500 S. Clinton Street, Suite 400,Iowa City, TA 52244 Telephone Number: (319) 339-6100 Home State: Iowa IOWA DOES Address:Unknown Telephone Number: Unknown Home State: Iowa CITY OF BOULDER,COLORADO,a Colorado municipality Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado BOULDER COUNTY SHERIFF'S OFFICE Address: 5600 Flatiron Parkway,Boulder, CO 80301 Telephone Number: (303)441-3600 Home State: Colorado BOULDER COUNTY,COLORADO Address: 1325 Pearl Street,Boulder, CO 80302 Telephone Number: (303) 441-3190 Home State: Colorado ANDREW-HARTMAN Address: 1777 Broadway Street, Boulder, CO 90302 Telephone Number: (303) 441-3090 Horne State: Colorado ro ANNIK KELLV f;_kddress: 1�77 Broadway Street,Boulder,CO 80302 eleph6ne'Number: (303) 441-3090 omq,gtate:Colorado ram• (v Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 50 of 53 MICHAEL DOUGHERTY Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number:(303) 441-3090 Home State: Colorado MICHELLE SUDANO Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado ADAM KENDALL Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Hoene State: Colorado KRISTIN WEISBACH Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado CHRIS ME,RKLE Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Nrunber: (303)441-3090 Home State: Colorado ELIZABETH ROTHROCK Address: 1777 Broadway Street, Boulder, CO 80302 .� Telephone Number: (303)441-3090 _- �'�• Horne State: Colorado -r } THOMAS MULVAHILL ' Address: 1777 Broadway Street, Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado NANCY SALAMONE Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado STEVEN HOWARD Address: 1777 Broadway Street, Boulder,CO 80302 Telephone Number: (303)441-3090 Home State: Colorado Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 51 of 53 DINSMORE TUTTLE Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado GREGORY LYMAN Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Home State: Colorado LINDY FROLICH Address: 1300 Broadway Street, Suite 33.0, Denver, CO 80203 Telephone Number: (720) 994-2840 Home State: Colorado DARKEN CANTOR Address: 1300 Broadway Street, Suite 330, Denver, CO 80203 Telephone Number: (720) 994-2840 Home State: Colorado MARY CLAIRE MULLIGAN Address: 1300 Broadway Street, Suite 330, Denver,CO 80203 Telephone Number: (720)994-2840 Home State: Colorado WILL MULLIGAN Address: 1300 Broadway Street, Suite 330,Denver, CO 80203 Telephone Number: (720) 994-2840 Home State: Colorado ROBERT WERKING Address: 1300 Broadway Street,Suite 330,Denver, CO 80203 Telephone Number: (720) 994-2840 Home State: Colorado KATHLEEN SINNOTT Address: 1300 Broadway Street, Suite 330,Denver, CO 80203 Telephone Number: (720) 994-2840 HomgAtate: Colorado -STAXLEY GARNETT ? ;4ddrq�ss: 1U77 Broadway Street,Boulder, CO 80302 M riuniber: (303)441-3090 �eleptjne omerat",olorado C� Case 3:23-cv-00073-SMR-WPK Document 1 Filed 10/31/23 Page 52 of 53 JANE WALSH Address: 1777 Broadway Street,Boulder, CO 80302 Telephone Number: (303)441-3090 Hoene State: Colorado KATT RQTHGERY Address: 1300 Broadway Street,.Suite 500,Denver, CC 80203 Telephone Number: Home State:Colorado COLORADO DUES Address: Unknown Telephone Number:Unknown: Home State: Colorado c� 1'A. . OCT 3 1 20Ls1 is" (Rev.IV12) CIVIL OVER SHEET CLERK U. - The)S 44 civil cover shoot and the infornia lion coniairmd herein nr:itherreplBe, nor supplamcnt the iilinund service of pleadings or other papers a�lpggi��pyvllgxrfijtia�t provided 1txa1 rules of court. This fern!,approved 11y the Judicrtrl Con crones of[bu United Scales in ptemEes 1474,is required for the use of t E e tt Yor the purpose of initiating the civildoeketsbeeL {SiYElNS7RUCTlONSLLVNFllP4CEOF?HISFORM) 1. (a) PLAINTIFFS DEFENDANTS EMILY COHEN THE CITY OF IOWA CITY,ET AL. (b) County of Residence of First Listed Plaintiff Johnson County,Iowa Caunty ofResidencc of First Listed Defendant Johnson County,Iowa (EXCEPT IN U.S.PLAINTIFFC4SES) I (IN U.S.PLAINTIFF CASES Oft Y) NOTE: IN LAND CONDEMNATION CASES,USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys(Firm Name,Address,and Telephone Number) Attorneys(if Known) pro se - IT. BASIS C?TJLfI*;ISIIICTION(Place an"AW"in One Box Only ! III. CITIZENSHIP OF PRINCIPAL PARTIES(placean'•X"it?One goxforPloinr(f" (Par Dtversh)y Cases Only) and One Bar for Da)'endani) ❑ I U.S.Government jQ Paloral QursNon PTF DEF PTF DEF PEainliff (U.S.Government Nola Party) Citizen of This State ❑ 1 O 1 loeorparated orPrincipal Place Cl 4 ❑ 4 of Business In This Sims 0 2 U.S Government ❑ 4 Diversity Citizen ofAnotherState ❑ 2 ❑ 2 Incorporated andPrirroipal Place O 5 ❑5 Defendant andicato Citizenship a[poriiri In!lent III) of Business In Another State Chizen or Subject ofa 0 3 ❑ 3 Foreign Nation (3 6 06 FORT n Conti IV. NATLTRE OFSlim'rpluuan'x"in one®axOnly) =:EO AG'f - IE - x+ - - •'^:y,8 t T;1T FS ❑ 1)0Insurance PERSONAL.INJUNY PERSONAL tNJURY ❑625 Drug Related Seizure ❑422 Appeal 28 USC 158 ' 0 373 False Claims AM ❑ 120 Marine ❑310 Airplane O 365 Personal Injury- of Property 21 USC 891 0 423 Withdrawal 0 400 Siarelteapporrienmcnt O 130 Miller Act 0 315 Airplane Product Product Liability 10 690 Other 28 USC[57 O 410 Antitrust ❑ I40 Negotiable Instrrunent Liability 0 367 Health Catel ❑ 430 Banks and Banking ❑ 150 itecoveryol'Overpaymeni ❑320 Assault,Libel de Pharmaceutical = L C 0 450 Commerce 8:Enforcement of3udpunt Slander Pomona]hijury (3820 Copyeighli O'460 Deportation Cl151 MedicamAel 0330 fedora IEmpluycre Product Liability ❑930Patent ❑ 470Raekekar influenced and ❑ 152 Recaveryef Daroulted Liability O 369 Asbestos Personal CIS40 Tradomark Corrupt Organizations Student Loans ❑340 Marino ' Injury Product 0 480 Consumer-Cradit (Excludes Veterans) 13 345 Manitz Product Liability "50CW,8ECWJTY ❑ 49D CableZaaTV ❑ 153RmoveryufOvarpayrnow Liability. PERSONAL PROPERTY ❑7101odrl-abor5tsndordi 0 161 HIA(1.1"ff) ❑ 850Secuutlies'Com iodides/ of Veteran's Benefits O 350 Motor Vehicle ❑370Other Fraud Act Cl 962 Black Lung(923) Exchange O 160 Stockholders'Suits 0 355 Motor Vehicla 0 371 Truth in Lending ❑720"bar/Management ❑963 DIWG'DIWiV(405(g)) 0 890 Other Statutory Actions O 190 01herCanuaci Product Liability ❑ 380 OtherPdrsonal Relations D 964 SSID Title XVI O 391 Agricultural Ass ❑ 193 Contract Product Liability Cl 360 Other Personal Property Damage ❑740 Railway Labor Art ❑965 RSI(405(g)) O 993 Environmental Matters D 196 Franchise Injury ❑385 Property Damage 0 751 Family and Medical ❑ 895 Freedom of Inforrnation 0 362 Personal Injury- Product Liability L;avr Aet Act Medical hial racfice ❑790Olhdr Labort.isigatlon 0 8%Arbitration r ' AkALt?RUP +tl,Y? r{ f1fZIlyEFfS;+ -.,•:. f FU .1 ONS" 0 791 Employed Retirement t" ❑ 894Administr4vePmcedurc 0 210 Land CoWentriatiari rx40 olber civil Rights Habeas Corpar. Inevinr Seeuruy Act 0 970 Tastes(U.S.Plaintiff Act/Review or Appeal or ❑220 Fotoclr=4 0 441 Voting 0 463 Alien Detainee or Defendant) Agency Decision 0 230Rem Lease de Ejectmont ❑442 Employment 0 510 Motions to Vacate 0 971 IRS—Third Party 0 950Constilutionalkyor 0 240,Tom to Land 0 443 Housing/ Sentence 26 USC 7609 ,4wt:Statutes O 245 Tort Product Liability Accommodations ❑ 530 Cmneral 0 290All OtlserRea(Property 0 445 Amer.w/Miabiliiirs- 0 535 Death Pensilly 11•v r'� Employrrwnr Other: r3 462HatunlirasionApplicalion 0 446 Amer.WIDisabilities- 0$40 Mand2mus R Other ❑465 Other irnmigraiian Other 0 550 Civil Rights Actions O 448 Education O 555 Prison Condition 0 561)Civil Detainee- IV Condlitonsof _ Confinement V. ORIGIN(Place an"X"in One Bor Onfv) 1 Original O 2 Removed from O 3 Remanded from O 4 Reinstated or 0 5 Tferuicrred from O 6 Multidistrlet Proceeding State Court Appellate Court Reopened Another District LitijkWon Cite the U.S-Civil Statute u er whie vu era{{��rrin��rl a nor rvr(a4ltvrannlsrarrerrs urrlrss afeenry}: C7z VT. CAUSE OF ACTION U'S'CDnst.amend.i,IV,V,VI,V13I,7CN;42�i1SC§§198 1985, 12I�1 et seg.;29 USC 701 et se . SWdeso"'Pilion of Gauss: Civil Rights.including ADA(non-employment), VII. REQUMED IN lC3 CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YrS only if dcmandtd in complaint: COMPLAINT: UNDER RULE 23,F.R.Cv,P, JURY DEMAND: Di Yes 0 No V111. RELATED CASE(S) IF ANY (see instruclinns): )1)DmrE DOCKET NUMBER DATE• 10/31 f23 SIGNATURE OF ATTORNEY OF RECORD F61t nFF'[CI•:us F ONLY pro Se RECEIPT p AMOUNT APPLYING IF? JUDGE MAG•JUDGE END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Monday, February 26, 2024 12:10 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Cc: Kellie Grace Subject: lawsuit Attachments: lawsuit.pdf Please see the attached we received today. Thanks, Ifs 1$WA C1W ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW.ICGOV.ORG DEPUTY CITY CLERK G 0 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 *why this matters Iowa City Transit is now FARE FREE! FARE FREE O W A CITY Learn more at ICGOV.ORG/FAREFRE�E "The beauty of the world lies in the diversity of its people. "-Anonymous 1 ARISTOCRAT PROCESS SERVING/KIS PRIORITY: Standard FIELD SHEET: #0143582 RECEIVED: 02-06-2024 01:39:35 pm COURT DATE: DUE DATE: 02-26-2024 SERVE: Iowa City c/o Kellie Grace, City Clerk 410 E. Washington St, Iowa City, Iowa 52240 MUST CONTACT OFFICE BEFORE ATTEMPTING Notice To Process Server About Second Address : SECOND ADDRESS IF A SECOND ADDRESS EXISTS ON FIELD SHEET. ADDITIONAL ADDRESS TO ATTEMPT AFTER THE FIRST ADDRESS IS VERIFIED INVALID : CLIENT INSTRUCTIONS: IOWA JOBS - **IF RESIDENTIALLY SERVING, MUST CONFIRM THEY ARE A RESIDENT, EVEN IF A FAMILY MEMBER** DO NOT ATTEMPT SERVICE AT AN ADDRESS THAT IS NOT PROVIDED ON THIS FIELD SHEET** DO NOT POST** KANSAS JOBS - **IF RESIDENTIALLY SERVING, MUST CONFIRM THEY ARE A RESIDENT, EVEN IF A FAMILY MEMBER** DO NOT ATTEMPT SERVICE AT AN ADDRESS THAT IS NOT PROVIDED ON THIS FIELD SHEET** OK TO POST A KANSAS PAPER ONLY IF RESIDENCE HAS BEEN CONFIRMED. *** DO NOT POST A KANSAS SUMMONS IF VACANT. x **NO CERTIFIED MAIL SERVES- PLEASE CONTACT THE OFFICE** p C SPECIAL INSTRUCTIONS: ' ARISTOCRAT DUE DATE (OFFICE WILL STATUS OFF OF THIS DATE, PL".HNVE ATTEMPTS COMPLETED) - 02-26-2024 SERVER: William Redmond SUMMONS EXPIRATION DATE (THE SUMMONS CAN NOT BE SERVED AFTER THIS DATE) - ATTEMPTS DATE TIME COMMENTS 1. 2. 3. 4. 5. Actual Service Information Type: Married? Military? Served On: As: Address: Comments: Age: Sex: M F Race: Height: Weight: Hair: Glasses: Y N Case Number: EQCV085028 Court/Venue: IOWA JOHNSON COUNTY Plaintiff: Defendant: Carrington Mortgage Services, LLC Peggy Waters Type of Writ: Original Notice, Foreclosure Petition Client: South Law f Phone: (913) 663-7600 Client Reference Number: 239869-1021864 �-�'t- Page 1/2 r Service Package File # 239869-1021864 Notification Id = 2198418 Iowa City c/o Kellie Grace, City Clerk 410 E. Washington St Iowa City, IA 52240 J E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC ) Plaintiff, ) EQUITY NO: EQCV085028 vs. ) ORIGINAL NOTICE Peggy A. L. Waters; Scott R. Waters; University of Iowa ) Credit Union a/k/a U of I Community Credit Union n/k/a ) GreenState Credit Union; Parties in Possession; Iowa City ) Defendants. ) To the above-named defendant Iowa City, c/o Kellie Grace, City Clerk 410 E.Washington St, Iowa City, IA 52240: You are notified there was filed in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiffs attorney is Richard Reinblatt, c/o SouthLaw, P.C., 10855 W Dodge Road Suite 250, Omaha,NE 68154. 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 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 at 1-800-735-2942. Disability coordinators cannot provide legal advice. Clerk of the District Court � Johnson County Courthouse - —� Iowa City, Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. File No. 239869-1021864 III�IIII�III I4IIIIIIIIIuIIIIII�II�III�IIIIIIIIIIIIIIIIIIII E-FILED 2024 FEB 02 2:02 PM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV085028 County Johnson Case Title CARRINGTON MORTGAGE SERVICES, LLC VS PEGGY WATERS 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. 'Clots AC'O'Co�irtRulcsCha 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/i-epresentinL�-YOLirsell"protect-personal-informations. Scheduled Hearing: , tJ C:7 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 w�;-w.io«acotiits. =ot liar-lhC-iuhlic Lida,. Disability access coordinators cannot provide legal advice. Date Issued 02/02/2024 02:02:05 PM x i District Clerk of Court or/by Clerk's Designee of Johnson County Is/ Christine Roselund E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC Plaintiff, vs. EQUITY NO: EQCV085028 Peggy A. L. Waters; Scott R. Waters; University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a FORECLOSURE PETITION GreenState Credit Union; Parties in Possession; Iowa City; 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 THREE MONTHS FROM THE 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 OFn�EDENI WTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED T0'I-N•IiMFDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE A -TUE 99LE. ' FORECLOSURE PETITION - Plaintiff, Carrington Mortgage Services, LLC, by and through its attorney, Richard k inblatt of the firm of Southl-aw, P.C., and for its cause of action against Defendant(s) states as follows: 1. The Plaintiff, Carrington Mortgage Services, LLC, is a business organization duly authorized to transact business in the State of Iowa. 2. Defendant(s) Peggy A. L. Waters and Scott R. Waters are resident(s) of Johnson County, Iowa and are believed to be husband and wife. 1 File No. 239869 111111111111111111111111111111111111111111111111111111111111 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 3. The real property subject of this action is a one or two-family dwelling, is not agricultural land, and is not used for agricultural purposes or farming purposes as defined in Iowa Code Sections 9H, 175.2, & 535.13. 4. Plaintiff elects to waive its right to a deficiency judgment against Peggy A. L. Waters, and is seeking a judgment solely in rem against the subject real property described below. 5. On or about October 9, 2009, Peggy A. L. Waters executed and delivered a promissory Note (the "Note") to University of Iowa Community Credit Union, in exchange for good and valuable consideration, in the maximum principal sum of S 149,600.00, together with interest. A copy of the Note is attached as Exhibit "A" and incorporated by reference. The Note provides that the principal and interest are payable in monthly installments until fully paid. In-1 6. To secure repayment of the Note, Peggy A. L. Waters and Scott ;I aterb made aid delivered a purchase money mortgage (the "Mortgage") to Mortgage Electronic Registration Sygterns, Inc., as mortgagee, as nominee for University of Iowa Community Credit Union, its successors and assigns, on the real property legally described as: Lot Eighty-One (81) and beginning at the northeast corner of said Lot 81, thence easterly 25.15 feet along a 275 foot radius curve concave northerly,which is also the southerly line of Edingale Drive; thence southwesterly 114.53 feet to the southwesterly corner of Lot 80, thence northerly 110.13 feet along the westerly line of said Lot 80 to the point of beginning, all in Part Two Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 6, Page 48,Plat Records of Johnson County, Iowa. More Correctly Known As: Lot Eighty-one (81), and beginning at the northeast corner of said Lot 81, thence easterly 25.15 feet along a 275 foot radius curve concave northerly,which is also the southerly line of Edingale Drive; thence southwesterly 114.53 feet to the southwesterly corner of Lot 80, thence northerly 110.13 feet along the westerly line of said Lot 80 to the point of beginning, all in Part Two Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 6, Page 48, Plat Records of Johnson County, Iowa., commonly known as 1221 Edingale Dr, Iowa City, IA 52246-4806 (the"Property"). The legal description will be set forth as corrected in any Foreclosure Decree. 2 File No. 239869 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 7. The Mortgage was recorded on October 16, 2009, in Book No. 4516, at Page 582-596, in the office of the Recorder of Johnson County, Iowa. A copy of the Mortgage is attached as Exhibit `B" and incorporated by reference. 8. The Mortgage was assigned to Plaintiff by Assignment(s) of Mortgage and/or Certificate of Merger(s) attached as Exhibit"C" and incorporated by reference. Assignor Assignee Recorded Date Book Page -Doc ment Bank of Carrington January 9, 6452 84-86 W America,N.A. Mortgage 2023 Services, LLC = Mortgage Bank of January 8, 6161 130 Electronic America,N.A. 2021 Registration Systems, Inc., as nominee for University of Iowa Community Credit Union 9. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has possession of the Note and is enforcing the Note as the party in possession. Plaintiff has the right to foreclose the Note and Mortgage. 10. Peggy A. L. Waters and Scott R. Waters failed to make the installment payments as they became due since October 1, 2023. The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 11. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed. Plaintiff elects to foreclose the Mortgage. 12. Under the terms of the Note, upon default in payment a late charge may be assessed for any unpaid monthly payment. 3 File No. 239869 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 13. Under the terms of the Note and Mortgage, upon default, Defendant(s) Peggy A. L. Waters and Scott R. Waters, agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce the terms of the Note and Mortgage. 14. An Affidavit of Attorney's Fees as required by Iowa Code Section §625.24 will be filed prior to the entry of a Decree of Foreclosure. 15. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code §§ 654.213 and 654.2D. More than 30 days have passed since the notice was given, and the default has not been cured. A_�opy of the Notice is attached as Exhibit"D" and incorporated by reference. 16. The Note and Mortgage provide that in the case of default, the holder of-the not6Thay declare the entire principal balance plus accrued interest due and payable. 17. Upon default and defendant's failure to cure, Plaintiff gave a 14 day Notice of' cceleration (the "Notice") and made demand for payment of the accelerated balance pursuant to Iowa Code §654.413. Fourteen days have passed since the notice was given. A copy of the Notice is attached as Exhibit "E" and incorporated by reference. 18. The loan remains unpaid and after crediting the amounts paid on the Note and Mortgage, there is now due and owing Plaintiff from Defendant(s) Peggy A. L. Waters the following: a. the unpaid principal balance of the Note in the sum of$106,013.25 b. the unpaid interest which has accrued at the rate of 4.875% per annum from September 1, 2023, and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); i e. accrued late charges in the amount of$118.74 4. File No. 239869 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs, if applicable, g. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property; and h. the costs of this action, including reasonable attorney's fees. 19. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. All of the Defendant(s) may have or may claim to have some right, title or interest in or to Property. but any such claim is inferior and subject to the lien of the Mortgage. 20. Defendant(s) Parties in Possession are named by virtue of his/her occupaht y of the Property. Any interest that Defendant Parties in Possession have in the Property is junior and.infcriot th Plaintiff Mortgage. - 21. Defendant University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union has been named by virtue of a junior mortgage securing a debt in the original principal amount of$18,700.00 recorded on October 16, 2009 in the office of the Recorder of Johnson County, Iowa, in Book 4516 at Page 597-600. Defendant University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 22. Defendant Iowa City has been named by virtue of a judgment filed in the Iowa District Court of Johnson County, as Case No. ICCISC105413. Defendant Iowa City has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant Iowa City may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 23. Plaintiff prays for a judgment against the Property for the following: 5 File No. 239869 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT a. the unpaid principal balance of the Note in the sum of$106,013.25 b. the unpaid interest which has accrued at the rate of 4.875% per annum from September 1, 2023, and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$118.74 f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs, if applicable, g. all costs for insufficient funds charges. property inspections, appraisals, property maintenance expenses and any other costs or Fees Plaintiff may e.,i&nd to},Protect its C , security interest in the Property; and h. the costs of this action, including reasonable attorney's fees. Plaintiff prays that the Mortgage be declared a first and prior lien on the Property, superior and paramount to the interests, liens and claims of each and all Defendant(s), including all protective advancements made by the Plaintiff for property preservation and other costs between the time of the Decree and the time of the Sheriffs sale. Plaintiff prays that its Mortgage be foreclosed and that all junior and inferior liens and mortgages be barred from claiming any right, title, or interest in the Property. Plaintiff prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgment, and special execution should issue for the sale of the Property and the proceeds should be applied to Plaintiffs judgment, together with 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 File No. 239869 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT between the time of the Foreclosure Decree and the time of Sheriffs Sale. From and after the sale under special execution, the right, title, lien or interest of the Defendant(s) in the Property should be forever cut off, barred and foreclosed, and the purchaser at the sale shall take the Property free and clear of any right, title, lien or interest of the Defendants. Plaintiff prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County, Iowa, to put the purchaser at the sale under special execution or a successor in interest in the possession of the Property. Plaintiff prays for the approval of the sale of the Property during the pendency of this action free and clear of the claims of Defendants, provided that the court first finds that (a) all equitable titleholders who have not abandoned the Property have consented to such sale; and (b) the terms of§4h sal..e are commercially reasonable. Plaintiff prays for such other and further relief as may be just and equitable irf the prei' ices. Respectfully Submitted, SouthLaw,P.C. /s/Richard Reinblatt Richard Reinblatt(AT0009194) 10855 W Dodge Road Suite 250 Omaha,NE 68154 (402) 342-4644, ext. 353 (402) 342-4648 (Fax) Richard.Reinblatt@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. } 7 File No. 239869 E-FILED 2024-F-EB 02 9:54 AM JOHNSON - CLERK OF 13lS.TRICT COURT NOTE Lcan October 9t'h, 20,09 ,`oralville Iowa [Dale; iCity] islalul 1221 Edingale Dr_ve, Iowa City, Iy 52246 [Property address] 1. BORRONVER'S PRON11SE TO PAY In return for a loan that I have received, I promise to pay U.S. 5 149,600.00 this amount is called "Principal"). plus interest, to the order of the Lender. The Lender is runiversity of Iowa Coirinuniz& Credit Un_ior: 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 Mote. The Lender or anyone who takes this Note by trvtsfer and who is entitled to receive payments under this Note is called the "Nate Holder." 2. INTEREST Interest will be charged an unpaid principal until the full amount of Principal has been paid, I will pay in st at a..yearly rate of 4 .V 5 The interest rate required by this Section ' is the rate I will pay bath before and after any default dCst it tl i5Secti'n.6(13) of this Note. L,S 3, PAYMENTS - (A) Time and Place of Payments I will pay principal and interest by malting a payment every month. I will make my monthly payment on the 1st day of each month beginning on December 1 s-, Tl,ib9 1 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 ]Mote. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on :Ian:-err;ber is_, 2039 1 still cave 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 825 Mormon 'trek Blvd. PO Box 2630, Iowa City, IA 52246 or at a different place if required by the Niue Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of L.S_ S 91."1 0 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known its 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. I may make a lull Prepayment or partial Prepayments without pitying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I Owe under this Note_ However, the Vote 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 or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. et U'TISTATE FiIIED RATE N,'}TF-SmgG a Fa—ly.Fo: 0:!rerFre:din ld r,:1:7:IFOR'�!!:ST F;:L1 E":r Farm 32�G t!G'. P 'vR7p5tiJ903i U. .:.,!tars Klan nr r:nnn r.'.dl Sen:crr'i lnilrfis ayGF! a1.i 1 EXHIBIT A E-FILED 2024 FEH-02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 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 tinder this Note or by making it 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 Pavments 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 be 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 it 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 immediatzly;;i:rf 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 361det wit[-have'the right to be paid back by me far 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. 1 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. Anv notice that must be Qiven 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 I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises 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 Chinas. 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, other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of 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. :IULTtSTATE FI%EP RATE NOTE-Sfml'e Fami:y-Fanns AI au:FrMdio Ala:UNIFORM INSTRUMENT Form J2015 1)01 'ILIPir:;GdG31 QO InduOk Page 2 of J '. r.{f ersrs Kl,:r:ar Fn accial Se:vicas Woil E-FILED 2024 Fl 13 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 10. UNIFORM SECURED NOTE This ]dote 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 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. -• rrl -� 7` WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. C)\� ) (mil) Peg tPlaters -Borrower -Bor-ower -- (Seal) (Seal) -Borrower -Borrower WlhXA rectum,Pay ID IN oldiff Of Bank of Ammica, N.A. llrtiversi Comma Clad" �nion By: Matthew E Frascht/First Vice Presifto "AV� THE c Sri of (Seal) (Sell) -Borrower `J: r T' ,= _�� -Borrower 1_ =1-1 �I a SENOR viVy IIPRESIDEN7 (Seal) (Seal) -Borrower -Borrower [Sign Original Only] 1.7 1JLTISTATE FIXED RATE NOTE-Single Family-Fannie M aa/Freddle Ma:UNIFORIA INSTRUMENT Form 3 I I0 t VMFSN(080 03)00 Wolters Kluwer Financial Services InitialsRap7 m age 1of15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DI119IfIRIVIIIIIIIIIIII 1111 oil�IIIIII� u I111 NI Doc ID: 021655210015 Type: GEN Kind: MORTGAGE Recorded: 10/16/2009 at 12:46:82 PM Fee Amt: $79.00 Paae 1 of 15 Johnson County Iowa Kim Painter Countv Recorder &K4516 Pa582-596 [Space Above This Line For Recording Data] Prepared By: Michelle Segebart 325 MoZnioli Trek Blvd Iowa City, IA 52246 319-341-2125 Return To: = University of Iowa Community Credit Union „ 825 Mormon Trek Blvd. PO Box 2630 r' CD T_owa City, IA 52246 319-341-2125 Full Legal Description located on page 3 Lender name located on page 2. MORTGAGE MIN 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 October 9tr, 2009 , together with all Riders to this document. (B) 'Borrower"is Peggy A L Waters and Scott R. Waters, Wife and Husband This is a purchase money mortgage. Borrower is the mortgagor under this Security Instrument. IOWA-Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT WITH MERS Form 3016 1101 Wolters Kluwer Financial Services VMP8-6A(IA)(oalc) PBge I a,15 Ertl[lals � � E7[11181T B 'age 2 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT (C) WERS" 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, MI 48501-2026, tel. (888)679-MERS. (D) "Lender"is University of Iowa Community Credit Union Lender is a state chartered credit union_ organized and existing under the laws of Iowa Lender's address is 825 Mormon Trek Blvd. PO Box 2630, Iowa City, IA 52246 (E) "Note"means the promissory note signed by Borrower and dated October 9th, 2009 The Note states that Borrower owes Lender One Hundred Forty Nine Thousand Six Hundred and no/100. Dollars (U.S. $ 149, 600.00 }plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1st, 2039 (I) "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 tliarges due under the Note, and all sums due under this Security Instrument, plus interest. r (H) "Riders"means all Riders to this Security Instrument that are executed by Borrower.-Tlie.foliWing ` 1 Riders are to be executed by Borrower [check box as applicable]: 0 Adjustable Rate Rider CJ Condominium Rider 0 Second Home Riders ❑Balloon Rider 0 Planned Unit Development Rider 0 1-4 Family Rider VA Rider ❑Biweekly Payment Rider El Other(s) [specify] , 0 r,Z;, (1) "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. (,n "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, paint-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. (W "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; (W) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (l) "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. IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@-6A(IA)(osio) Paget of 15 Initials // Form 3016 1101 -age 3 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), 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. (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 [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot Eighty-One (81) and beginning at the northeast corner of said- Lot 81, thence easterly 25.15 feet along a 275 foot radius curve concave northerly, which is also the southerly line of Edingale Drive; thence southwesterly 114.53 feet to the southwesterly corner of Lot: 80, tAblpce , northerly 110.13 feet along the westerly line of said Lot 80 ;to the-= point of beginning, all in Part Two Bryn Mawr Heights, an Adc"litign -tb the City of Iowa City, Iowa, according to the .plat thereof recordec�-'-�rl Plat Book 6, Page 48, Plat Records of Johnson County, Iowa. J � � L� C�J Parcel ID Number: 1016355003 which currently has the address of 1221 Edingale Drive [Street] Iowa City [City], Iowa 52246 [zip code] ("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 1fRS holds only legal title to the interests granted anted by Borrower to 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 pant 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. IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS � VMP®-6A(IA)(o81o) Page 3ot16 mlip'I . Form3016 1101 'age 4 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 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 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 inCjudes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent pay pnt and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any_paymenV#Ceived from Borrower to the repayment of the Periodic Payments if, and to the extent that, eaclr paymepl can be paid in full. To the extent that any excess exists after the payment is applied to the full paymenr-df one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepym mts 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 PaymentE. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, 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 IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPO-6A(IA)(oalo) Page of 15 Initial Form 3016 1101 'age 5 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 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. 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;a+rcount to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Flinds held`',escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Bdxiower shill 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, Leinder shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessagao make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments , r,y 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 IOWA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH M MEA� VP®-6A(IA)(osio) Pap5oi 15 ini�ia Form3016 1/01 'age 6 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON -CLERK OF DISTRICT COURT 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 fails to maintain any of the coverages described above, Lender may obtainuilsurance 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 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.(13brrower 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 IOWA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERSr," VMP®-6A(IA)(o81o1 Page of 15 lnitia%:QA % Form 3016 1101 'age 7 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 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 nll 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 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. S. 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 5ecarity Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security.,Wnument, (b) there is a legal proceeding that night significantly affect Lender's interest in the Property andlor=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 f IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS,� VMP®-6A(IA)(oaio) Paga7 of 15 initials: Form 3016 1101 'age 8 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT regulations), or (c) Borrower has abandoned the Property, theft 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. Lenders 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 mecgq unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting f4 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 cast substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, ffom an �ernate 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 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 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 reinsures, 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 IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS^. 1 VMP®-6A(IA)(o81o) Page of 15 Iniiials:w Form 3016 1101 'age 9of15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the pren-dums 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 other 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 Lenders 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 Ioss 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 file partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in'writing,.-tile 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 1 e?bre the partial taking, destruction, or loss in value divided by (b) the fair market 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 toss 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 IOWA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS,-,, Q VMP® fiA(IA)(oeio) Page 9ol15 tniiieisl]p.lL�p�/ Form 3016 1/01 'age 10 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 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, gran[ 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 prgy)jded in Section 20)and benefit the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed icoonnec ion 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 absence of express authority in this Security Instrument to charges"specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may ri$ 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 chargers 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 IOWA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS VMP8-6A(IA)loeiol Page 10 of IS Initials: Form 3016 1101 'age 11 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 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 Burns 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 dare 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 pemuhtet�y 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 lnstru.ment discontinued'at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale;corttalned in this Security Instrument; (b) such other period as Applicable Law night 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 IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS� VMP®-6A(IA)(oato) Page 11 of 16; miters: Form 3016 1101 ,age 12 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 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 party'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 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 sh` not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of irfy�.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._Tile precediag two sentences shall not apply to the presence, use, or storage on the Property of small tivamties of Hazardous Substances that are generally recognized to be appropriate to normal residential useSaand to maintenance of the Property (including, but not limited to, hazardous substances in consumer prodfcts). 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 re mediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessw-y remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. IOWA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS� VMP®-6A(IA)(oefo) Page12 of t Initials Form 3016 1101 ,age 13of15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 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 irk 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 tlds 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. 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. 10 Sono �99YA L Waters Da Borrower Scott R. Waters Date G i Borrower Date Borrower i :; Date Borrower Date Borrower Date Borrower Date Borrower Date IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3016 1/01 VMP(D-6A(IA)(0e10) Page 13 of 15 'age 14 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT 26. Redemption Period. If the Properly 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 shEdl 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 THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAMS OR ORAL PROMISES Y CHANGE THE�HETERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. i 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: (Seal) pegM�Walzers Borrower (Seal) Scott R. Waters -Borrower. r +` cj (Seal) -Borrower r ~' -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) — (Seal) -Borrower -Borrower IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3016 1/01 VMPO-6A(IA)(0810) Page 14 o1 15 -age 15 of 15 E-FILED 2024 FEB 02 9:54 AM JOHNSON -CLERK OF DISTRICT COURT STATE OF IOWA, Johnson County ss: On this 9th day of October 2009 , before me, a Notary Public in the State of Iowa, personally appeared Peggy A L Waters and Scott R Wagers 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: MATTHEW E.FRASCHT r i Commission Number 169356��+ r Notary Public in and for said County and State x my Ccmmiss n 4pifes J l..yJ IOWA-Single Famiiy-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS VMP8-6A(IA)►osiol Page 15of 15 !M:iaN , Form 3016 1/01 NK: :(T E-FILED 2024 FEB 02 9:54 AM JOHNSO 6= 1 130 a �Uncwtc-pif,19.0 PM County Recording Fee: $17.00 Iowa E-Filing Fee: $3.00 Combined Fee; $20.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa [Space Above This Line for Recording Datal This Document Prepared By: When Recorded Mail To: JULIO ESTRADA FIRST AMERICAN TITLE COMPANY BANK OF AMERICA 1795 INTERNATIONAL WAY MC:FLI-908-01-05 IDAHO FALLS,ID 83402 4909 SAVARESE CIR. TAMPA,FL 33634 (800)444-4302 TaxfParcel#: 1016355003 ASSIGNMENT OF MORTGAGE For Value Received, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.("MERS"),AS MORTGAGEE,AS NOMINEE FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, ITS SUCCESSORS AND ASSIGNS (herein "Assignor"), whose address is P.O. Box 2026, Flint, MI 48501- 2026,does hereby grant, assign, transfer and convey unto BANK OF AMERICA,N.A. (herein"Assignee"), whose address is 1800 TAPO CANYON ROAD,SIM[VALLEY,CA 93063,and its successors and assigns all its right,title and interest in and to a certain Mortgage described below. Mortgagee:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.("MERS'%AS MORTGAGEE,AS NOMINEE FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, ITS SUCCESSORS AND ASSIGNS Made By:PEGGY A L WATERS AND SCOTT R.WATERS,WIFE AND HUSBAND Date of Mortgage:OCTOBER 9,2009 Original Loan Amount:$149,600.00 Property Address:1221 EDINGALE DRIVE,IOWA CITY,IOWA 52246 Recorded on OCTOBER 16, 2009 in BOOK 4516 PAGE 582 of the official Records of JOHNSON COUNTY,State of IOWA_ SEEUJUBF!"A"ATTACHED HERETO AND MADE A PART HEREOF: Assignment Page I Wintrack» MERS Month:(888)679-6311 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT IN\VITN SS�,the undersigned has caused this Assignment of Mortgage to be executed on Date ��JJ��[[,, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS NOMINEE FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,ITS SUCCESSORS AND ASSIGNS ± By:llw-��� 2-me CL�z ffjar (Signature) (Print Name) VICE PRESIDENT [Space Below'llus Line for Acknowledgments] State of TEXAS County of DALLAS DEC 0 2 2020 This'nstrutm,-ent was acknowledged before me on by _CGS_CGS b t]h AS l l the VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS NOMINEE FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, ITS SUCCESSORS AND ASSIGNS, a company,on behalf of the company. � JENNIFER OCAfNPQ i....:4 4 No c �2° 's No;ary Public, State of Texas Comm. Expires 09- '•r�/aF ++� 29-2024 �IENNIFER OCAMPO ■og"F Notary fD 132701236 Printed Name ( � .,., My commission expires; +'1 A�ignmenl Po 6&WdEr se 2 Wintraek#: MERS Pbone#:(US)679-6377 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT EXHIBIT A BORROWER(S): PEGGY A L WATERS AND SCOTT R.WATERS,WIFE AND HI:SBAND LOAN NUMBER: LEGAL DESCRIPTION: LOT EIGHTY-ONE (81) AND BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 81, THENCE EASTERLY 25.15 FEET ALONG A 275 FOOT RADIUS CURVE CONCAVE NORTHERLY, WHICH IS ALSO THE SOUTIIERLY LINE OF EDINGALE DRIVE; THENCE SOUTHWESTERLY 114.53 FEET TO THE SOUTHWESTERLY CORNER OF LOT 80. THENCE NORTHERLY 110.13 FEET ALONG THE WESTERLY LINE OF SAID LOT 80 TO THE POINT OF BEGINNING, ALL IN PART TWO BRYN 111AWR HEIGHTS, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE 48,PLAT RECORDS OF JOHNSON COUNTY,IOWA. ALSO KNOWN AS: 1221 EDINGALE DRIVE,IOWA CITY,IOWA 52246 Assignment of Mongag Page 3 Wintrack IF Phoncffe 18881 679-611, E-FILED 2024 FEB 02 9:54 AM JOHNSON -CLERK IIpIOIuIIFIIIDII IIIIIIIII IpI pp IIgI II III • �I IIIII III Ilal IIII Ig1111U1IIIIIIIIHIIIIIIntl IIIIIII IIIIIIIII lul Doc ID: 032021540003 Type: GEN Kind: ASSIGNMENT Recorded: 01/09/2023 at 10:46:59 AM Fee Amt: $17.00 Page 1 of 3 Johnson County Iowa Kim Painter County Recorder EK6452 PG84-86 [Space Above This Line for Recording Data] This Document Prepared By: When Recorded Mail To: MELISSA TAYLOR FIRST AMERICAN MORTGAGE FIRST AMERICAN MORTGAGE SOLUTIONS SOLUTIONS 1795 INTERNATIONAL WAY 1795 INTERNATIONAL WAY IDAHO FALLS, ID 83402 IDAHO FALLS,ID 83402 (208)528-9895 Tax/Parcel#: 1016355003 ASSIGNMENT OF MORTGAGE For Value Received, BANK OF AMERICA,N.A., BY FIRST AMERICAN MORTGAGE SOLUTIONS, LLC,AS ATTORNEY-IN-FACT,the undersigned holder of a Mortgage (herein"Assignor") whose address is 4909 SAVARESE CIRCLE,TAMPA,FL 33634,does hereby grant,sell,assign,transfer and convey, unto CARRINGTON MORTGAGE SERVICES, LLC (herein "Assignee"), whose address is 1600 SOUTH DOUGLASS ROAD,SUITE 110,ANAHEIM,CA 92806. A certain Mortgage dated OCTOBER 9, 2009 having been given to secure payment of$149,600:04, which Mortgage is recorded on OCTOBER 16, 2009 in BOOK 4516 PAGE 582 of the o ieial rds 617 JOHNSON COUNTY , State of IOWA,made and executed by PEGGY A L WATERS=AND 9 TT R.• •• WATERS, WIFE AND HUSBAND, to and in favor of original lender, MORTGAGR�KLE(YMONIC- REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS "MINEt' FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, ITS SUCCESSORS ANPP ASSIGNS, upon.the following property located at 1221 EDINGALE DRIVE, IOWA CITY, IOWA 52246:and sftuated in� JOHNSON County,State of IOWA. = SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF: LA) TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. Assignment Mn Page I WintrAssignment t E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT IN WITNESS WHEREOF,the undersigned has caused this Assignment of Mortgage to be executed on DEC Z*7 2W BANK OF AMERICA,N.A.,BY FIRST AMERICAN Date MORTGAGE SOLUTIONS,LLC,AS ATTORNEY-IN-FACT- ey: Ql�y 057 aRire] ( ririt Name) VICE PRESIDENT [Space Below This Line for A&iowledgmentsi_•- State of TEXAS County of DALLAS This instrument was acknowledged before me on DEC 21 M by Q K U-rY- the VICE PRESIDENT of FIRST AMERICAN MORTGAGE SOLUTIONS, LLC AS ATTORNEY-IN-FACT FOR BANK OF AMERICA, N.A., a company, on behalf of the company. This notarial act was an online notarization using communication technology Notary P blic 1►►' LESLYE DIETRICH Printed Name: Notary ID#126857819 o My Commission Expires My commission expires: OCT ' S '"a fiT October 15. 2025 Assignment�Soriga Page 2 Wintrerk k; E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT EXHIBIT A BORROWER(S): PEGGY A L WATERS AND SCOTT R.WATERS,WIFE AND HUSBAND LOAN NUMBER: LEGAL DESCRIPTION: LOT EIGHTY-ONE (81) AND BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 81, THENCE EASTERLY 25.15 FEET ALONG A 275 FOOT RADIUS CURVE CONCAVE NORTHERLY, WHICH IS ALSO THE SOUTHERLY LINE OF EDINGALE DRIVE; THENCE SOUTHWESTERLY 114.53 FEET TO THE SOUTHWESTERLY CORNER OF LOT 80, THENCE NORTHERLY 110.13 FEET ALONG THE WESTERLY LINE OF SAID LOT 80 TO THE POINT OF BEGINNING, ALL IN PART TWO BRYN MAWR HEIGHTS, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE 48,PLAT RECORDS OF JOHNSON COUNTY,IOWA. ALSO MOWN AS: 1221 EDINGALE DRIVE,IOWA CITY,IOWA 52246 �= w Assignment Page 3 Wintrack F. 0 Carrington2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT mortgage services,Ilc RO. Box 5001 Westfield,IN 46074 PEGGY A L WATERS SCOTT R.WATERS 4 ••• SCOTT R.WATERS Property Address: ■ 1221 EDINGALE DR 1221 EDINGALE DRIVE IOWA CITY IA 52246-4806 IOWA CITY,IA 52246 Loan Number: Notice Date: 11/07/2023 NOTICE OF INTENT TO FORECLOSE Dear Mortgagor(s): The above referenced loan is in default because the monthly payment(s) due on and after 10/01/2023 have not been received.The amount required to cure the delinquency, as of the date of this letter, is $6,566.50 less$0.00,monies held in a separate suspense account. SUBSEQUENT PAYMENTS (INCLUDING PRINCIPAL AND INTEREST_ AND, IF APPLICABLE,TAXES, INSURANCE AND OTHER ESCROW ITEMS), AS WELL AS, LATE CHARGES,AND OTHER FEES WILL BE ADDED TO THE ABOVE STATED REINSTATEMENT AMOUNT AS THEY ARE ASSESSED. Please remit the total amount due in CERTIFIED FUNDS, utilizing one of the following payment resources: Overnight Mail I Western Unions � MoneyGrami Carrington Mortgage Smices,LLC I Quick Collect(any location) Receive Code- 7998 Cashiering Dept.2-270 1 Code City-CARRINGTONMS 1600 South Douglass Road, Suites 110& 200-A Code Stale-CA Anaheim,CA 92806 1 You will pay a fee using this method of payment. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT,PLEASE CONTACT CARRINGTON MORTGAGE SERVICES,LLC TO DISCUSS HOME RETENTION ALTERNATIVES TO AVOID FORECLOSURE AT 1-800-561-4567 OR BY MAILAT 1600 SOUTH DOUGLASS ROAD, SUITES 110&200-A,ANAHEIM. CA 92806. YOU MAY ALSO CONTACT THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)HOTLINE NUMBER AT (800) 569-4287 OR YOU CAN VISIT THEIR W'EBSITE AT ://%x-%vw.hud.gov-/foreclosure/index.cfn_i TO FIND OUT OTHER OPTIONS YOU MAY HAVE TO AVOID FORECLOSURE. Failure to cure the delinquency within 30 days of the date of this letter may result in acceleration of the sums secured by the Deed of Trust or Mortgage, foreclosure by judicial proceeding,and sale of the property. You have the right to reinstate your loan after legal action has begun.You also have the right to assert in foreclosure,the non-existence of a default or any other defense to acceleration and foreclosure. Exw+larr L D- - rage 1 of 4 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT ■ ti Should you have any questions,please contact our office at 1-800-561-4567 Monday through Friday 8:00 AM to 8:00 PM Eastern Time, Sincerely, Loan Servicing Department Carrington Mortgage Services v� c ,_. 77— s y N - Page 2 of 4 E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT IMPORTANT DISCLOSURES -VERBAL INQUIRIES & COMPLAINTS- For verbal inquiries and complaints about your mortgage loan, please contact the CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC, by calling 1-800-561-4567. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m.to 8:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at https://c-afringtonmor(ciage.com/. -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney. -CREDIT REPORTING AND DIRECT DISPUTES- 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. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If you have concerns regarding the accuracy of any information contained in a consumer report pertaining to this account, you may send a direct dispute to Carrington Mortgage Services, LLC by fax to 800-486-5134 or in writing to Carrington Mortgage Services, LLC, and Attention: Customer Service, P.O. Box 5001,Westfield, IN 46074. Please include your loan number on all pages of the correspondence, -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose_This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States- -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at,(800);559-4287 or toll-free TDD (800) 877-8339, or by going to http://www.hud_gov/offices/hsg/sfh/hcc/hcs.cfm. You can alEr contact the CFPB at (855) 411-2372, or by going to www.consumeifinance.gov/find-a-housing-counselor. -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicantscm the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to`enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act.The Federal Agency that administers Carrington Mortgage Services, LLC's compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580. SCRA DISCLOSURE- MILITARY PERSON NEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at (888) 267-5474. -NOTICES OF ERROR AND INFORMATION REQUESTS, QUALIFIED WRITTEN REQUESTS (QWR)- Written complaints and inquiries classified as Notices of Error and Information Requests or QWRs must be submitted to Carrington Mortgage Services, LLC by fax to 800-486-5134, or in writing to Carrington Mortgage Services, LLC, and Attention: Customer Service, P.O. Box 5001, Westfield, IN 46074. Please include your loan number on all pages of the correspondence. You have the right to request documents we relied upon in reaching our determination.You may request such documents or receive further assistance by contacting the CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC toll free at(800) 561-4567, Monday through Friday, 8:00 a.m.to 8:00 p.m. Eastern Time.You may also visit our website at https://carringtonmDrtgage.com/. - Page 3 of 4 E-FI ED 2024 FEB 2 �: oP�4st �4�k4Bb- CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 S O U T H L A W 913.663,7600 southlaw.com A Professional Corporation offices;,, Missouri * Kansas * Nebraska • Iowa January 17,2024 Peggy A. L. Waters 1221 Edingale Dr Iowa City, IA 52246 -.a Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 1221 Edingale Dr, Iowa City,IA 52246-4806 Loan Servicer: Carrin ton Mortgage Services,LLC Loan Dumber: , Original Loan Amount: S 149,600.00 Date of Note: October 9,2009 - Creditor: Carrington Mortgage Services, LLC s , File No. 239869 t Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note (or is legally acting on behalf of the current owner or holder), which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $106,013.25, plus contractual interest from September 1, 2023, and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of S 110,851.27 to be paid within 14 days from the date of this letter in accordance with Iowa Code §654.413. Until this amount is paid in full, this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice, including, but not limited to, foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer (ACH), cashier's check, certified check, or money order, and payable to Carrington Mortgage Services, LLC. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park, Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: SouthLaw Loss Mitigation Department (913)663-7600 (800)381-1536 if calling from Kansas, Missouri, Iowa or Nebraska 8:30 a.m.—4:30 p.m. CST E-mail: Iossmi tier•south I❑m.,:,,n i If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw, P.C., a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is sehously delinquent, or (2) a foreclosure 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. help Is avallable Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with I organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. -1 ; Please call 1-877-622-4866 as soon as possible. The earW'you cell', the more options that are available to you. When you cali,:.y©is.tirill l 1 be referred to a trained, professional counselor who will listen..-' to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenderrtso 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_ 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 late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to Iowa MortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 nww.I owal`JartgageHeI p_com rct, is tciri^'_v=.7 ii,rcq•_ Icwa Czd�s__.cr G54A E-FI ED 2024 FEB 2 9:Nt#0stP.bAN4Qbb- CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 L A W 913.663.7600 southtaw.com A Professional Corporation offices In Missouri • Kansas • Nebraska •Iowa January 17,2024 Scott R.Waters 1221 Edingale Dr Iowa City, IA 52246 �a Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation AssistaoFe. Property: 1221 Edingale Dr, Iowa City, IA 52246-4806i Loan 5arvicer: Carrington Mortgage Services,LLC r- Loan Number: 4 Original Loan Mm.600.00 Date of Note: October 9,2009 - Creditor: Carrington Mortgage Services, LLC File No. 239869 Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder), which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $106,013.25, plus contractual interest from September 1, 2023, and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of S110,851.27 to be paid within 14 days from the date of this letter in accordance with Iowa Code §654.4B. Until this amount is paid in full, this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice, including,but not limited to,foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer(ACH), cashier's check, certified check, or money order, and payable to Carrington Mortgage Services, LLC. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park, Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: Southl-aw Loss Mitigation Department (913)663-7600 (800)381-1536 if calling from Kansas, Missouri, Iowa or Nebraska 8:30 a.m.—4:30 p.m. CST E-mail: lossmitLe south law.coin i If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law finn of SouthLaw, P.C., a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. E-FILED 2024 FEB 02 9:54 AM JOHNSON - CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving this notice because 11?your lender believes that your mortgage is ser ously delinquent, or (2) a foreclosure 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. help /,s evadable Iowa Mortgage Help is a group of organizations partnering with the. Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you calf- the more options that are available to you. When you call, yak •wil{ ••' -i� be referred to a trained. prcfessionaN counselor who will €isten to your situation and offer free• confidential advice through step of the process. In some cases. we are able to work witFrendeWl and borrowers to restructure mortgage terms. While we are=ri t aaie:!:> ri to help everyone. we are able to help the majority of homeownaTs who call Iowa Mortgage Help_ " r� 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 late. There is still time for help'. Do Not Delay. This may he your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 I www.lowah1c,tgageHelp.com I tt=a =__emc Znzy cod a-1 rcy_ w._ �=s__.cr�5•l a I Mortgage Mediation Vo ice r-ET) 2 r 1 1; .3 2 1 1 ,' You,are receiving this notice because (1) your lender believes that Cl your mortgage is seriously delinquent, or (2) a foreclosure 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. help _ alvailaole Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. 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 to your situation and offer free, confidential advice through each 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. 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 late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to Iowa MortgageHelp.com. This free call could save your home. li i Iowa Mortgage Help 1-877-622-4866 www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 6544B(2). END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Thursday, February 29, 2024 2:23 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Subject: Lawsuit Attachments: lawsu it.pdf See attached. Thanks, � I fWWA CJW ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW.ICGOV.ORG DEPUTY CITY CLERK 00400 P:319-356-5040 410 E WASHINGTON ST IowA CITY,IA 52240 *why this matters FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at 1060 V.ORG/FAREFREE "The beauty of the world lies in the diversity of its people."—Anonymous 1 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT �T'Ar,, j THE IOWA DISTRICT COURT FOR JOHNSON COUNTY WALTER B. PALMER FOUNDATION, INC., Plaintiff VS. CASE NO. EQCV085074 PHI DELTA THETA HOUSE ORIGINAL NOTE ASSOCIATION, MIDWESTONE BANK, CITY OF IOWA CITY AND PARTIES IN POSSESSION, Defendants. TO THE ABOVE-NAMED DEFENDANTS: You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendants 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 attorney for the plaintiff is Joseph T.Moreland, 120 E.Washington Street,Iowa City,Iowa 52240. The attorney's phone number is 319-337-9606; facsimile number is 319-338-7376. You are further notified that the above case has been filed in a county that utilizes electronic filing. Unless,within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer,in the Iowa District Court for Johnson County, at the courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the petition. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16,division VI regarding the protection of personal information in court filings. 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) IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS i ©The Iowa State Bar Association 2024 Form No.301,Original Notice for Personal Service IowaDocs® Revised January 2016 E-FILED 2024 FEB 15 10:02 AM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV085074 County Johnson Case Title WALTER B. PALMER FOUNDATION V. PHI DELTA THETA 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 ww-w.iowacourts.sta e.ia.usfEfrlc 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 W%vw.legis.iowa. o,,,/dots/ACOICourtRulesC]3apter/l6.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.iowacoiins.govlfor-tlie- ublic/re resentine- ourself) rotect- ersonal-information/. Scheduled Hearing. M r� 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 w1,,,w.iowacoints. ov/for-the- ublic/ada/. Disability access coordinators cannot provide legal advice. Vate Issued 02/15/2024 10:02:23 AM ti + t District Clerk of Court or/by Clerk's Designee of Johnson County /s/Christine Roselund E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WALTER B. PALMER FOUNDATION, INC., Plaintiff, No. EQCV085074 V. PETITION TO FORECLOSE PHI DELTA THETA HOUSE MORTGAGES WITHOUT ASSOCIATION, MIDWESTONE BANK, REDEMPTION AND FORS s CITY OF IOWA CITY, PARTIES IN IMMEDIATE APPOINTM T OF POSSESSION. RECEIVER [I Defendant(s). � NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURES WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE A WRITTEN DEMAND TO DELAY THE SALE.IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS (or THREE MONTHS if the petition includes a waiver of deficiency judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT I MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. 1 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DIS]RICT COURT Plaintiff, Walter B. Palmer Foundation, Inc. ("WBPF")by and through its undersigned attorney, and for its Petition to Foreclose Mortgage Without Redemption("Petition"), respectfully states to the Court as follows: THE PARTIES 1. WBPF is a non-profit foundation organized under the laws of the State of Ohio, with _ its principal place of business in Oxford, Ohio. 2. Phi Delta Theta House Association("Phi Delt") is a non-profit corporation organized under the State of Iowa with a home office of 729 N. Dubuque Street, Iowa City, Iowa 52240. 3. MidwestOne Bank("MWO") is a state bank organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Johnson County, Iowa. 4. The City of Iowa City ("City") is a municipality located in Johnson County, Iowa. w 5." V_BPF does not believe that there are individuals that occupy, as tenants, some or all cn of the Prdpertyelectively, parties in possession("PIP"). To the extent that there are any such PIPS,WF yvrlldentify them and will serve any and all PIPs with notice of this Petition. r--•{ JURISDICTION AND VENUE 6. The Court has jurisdiction over each of the defendants in this action because each of the defendants either is a business entity organized and doing business in the State of Iowa or is an adult individual who is a resident and citizen of the State of Iowa. 7. Venue is proper in this Court under Iowa Code Section 654.3 because the real property subject to foreclosure in this Petition is located in Johnson County, Iowa. COUNT ONE-PHI DELT NOTES 8. Phi Delt is the titleholder of the following described real estate situated in Iowa City, 2 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT Johnson County, Iowa: All of Out Lot 33 in Iowa City,Iowa According to the recorded plat thereof, excepting the South 170 feet thereof. Also the South 30 feet of that part of Brown Street in Iowa City,Iowa which lies west of Dubuque Street in Iowa City, Iowa, according to the recorded plat thereof. And also Commencing at the northeast corner of Outlot 33 in Iowa City which lies on the west right-of-way line of Dubuque Street, thence north along said Dubuque Street right-of-way 30 feet to the point of beginning,thence north along said Dubuque Street right-of-way 85 feet, thence west parallel with the north line of Outlot 33 of Iowa City to the east line of the Iowa River, thence southerly along the east side of the Iowa River to a point,thence east parallel with the north line of Outlot 33 to the point of beginning. Subject to easements and restrictions of record("the Property"). 9. On November 9, 2015, Phi Delt executed and delivered to WBPF an original promissory note in the original principal amount of$270,881.66 ("the Note"). _A_.true anti correct copy of the Note is attached hereto as Exhibit 1. Due to a scrivener's error and.a-m4tu`abmistake, the Note indicates that security for the Note is secured by a Mortgage on real ese"situated in Lee County, State of Alabama. 10. In order to secure the indebtedness of Phi Delt evidenced by the Note, Phiri Delt signed and delivered to WBPF, a Mortgage Deed dated November 9, 2015, and recorded November 13, 2015, in Book 5445, Page 45 of the records of the Johnson County Recorder's Office (the "Mortgage"), covering the Property. A true and correct copy of the Mortgage is attached as Exhibit 2. The Mortgage inadvertently through a scrivener's error and a mutual mistake, describe the Phi Delt property as being situated in the City of Auburn, County of Lee, and State of Alabama. Additionally, the Mortgage referred to Exhibit"A" as being attached to the Mortgage, as the legal description of the Property. However, no Exhibit"A"was attached to the Mortgage. Based on the scrivener's error and mutual mistake, WBPF filed a Corrective Mortgage on December 6, 2023, in Book 6531, Page 974 of the Records of the Johnson County Recorder's Office, (the "Corrective 3 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT Mortgage") which added as Exhibit A the legal description of the Property that was inadvertently left of the Mortgage. A true and correct coy of the Corrective Mortgage is attached as Exhibit 3. 11. On or about December 7, 2023, WBPF sent a Notice of Default with respect to the Note, (the"Default Notice"). A true and correct copy of the Default Notice is attached hereto as Exhibit 4. Pursuant to the terms of the Note, any default of the terms of the Note accelerated all amounts due and payable under the Note. The Default Notice also contained a notice of acceleration of the indebtedness owed under the Note. 12. Phi Delt has failed to cure the default set forth in the Default Notice, including payment of the accelerated amount due. The Mortgage and Corrective Mortgage provide that Phi Delt is obligated to pay all real estate taxes, special assessments, and fire and hazard insurance premiums with respect to the Property. WBPF may have to advance payments for real estate taxes and insurance premiums and is entitled to recover the same with interest at the rate of 10%per annum. 13. WBPF has paid$497.00 for lien searches or continuations of the abstract of title to the Phi Delt Property and is titled under the terms of the Mortgage to recover the same with interest at the rate of 10%per annum. 14. On information and belief, WBPF alleges that the following Defendants may assert a lien, right, title, interest or claim to the Property by virtue of, but not limited to, the following: a. MidwestOne Bank, a successor in interest to Iowa State Bank &Trust Company by virtue of a Mortgage from Phi Delt dated August 9, 1991 and recorded September 6, 1991 in Book 1277,Page 109 of the records of the Johnson County Recorder's Office. This Mortgage was extended pursuant to a Mortgage Extension Agreement between Phi Delt and MidwestOne Bank dated July 20, 2011, and recorded July 26,2011, in Book 4782, Page 96. MidwestOne Bank is N also the holder of an Assignment of Rents from Phi Delt dated November 14, U_ = 2017, and:recorded January 29, 2018 in Book 5751, Page 882 of the Records of r the Johnson County Recorder's Office; 4 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT b. The City of Iowa City pursuant to the following judgment liens; i. A judgment in Johnson County Case No. ICCISCO96158 entered on October 1, 2019, in the amount of $750.00 civil penalty plus $85.00 in court costs, and service fees; ii. A judgment in Johnson County Case No. ICCISCO96199 entered on October 10, 2019, in the amount of$750.00 civil penalty plus $85.00 in court costs and any additional fees for service; iii. A judgment in Johnson County Case No. ICCISCO96214 entered on October 11, 2019, in the amount of$750.00 civil penalty plus $85.00 in court costs and any additional fees for service; iv. A judgment in Johnson County Case No. ICCISCO96257 entered on October 22, 2019, in the amount of$750.00 civil penalty plus $85.00 in court costs and any additional fees for service; v. A judgment in Johnson County Case No.ICCISCO97381 entered on March 20, 2020, in the amount of$250.00 civil penalty plus $80.00 in court costs and any additional fees for service; c. All parties in possession of the Property not otherwise specifically identified herein. 15. Other than the Mortgage to MidwestOne Bank described above, the alleged liens, rights,titles, interests, or claims, if any, of the above-identified Defendant(s) are junior and inferior to the interest of WBPF in the Property and the Mortgage and Corrective Mortgage creates a lien, claim, right and interest in the Property that is senior and superior to all Defendants exC_e$t Midwestane Bank and to any of the Defendants alleged liens,claims, rights,titles or interest: 16. Under the Note, Mortgage, and Corrective Mortgage (collectively,sFthe-Laan Documents"), Phi Delt agreed to pay WBPF all costs, expenses, and attorney's fees incurred by WBPF in connection with enforcing and/or protecting WBPF's rights under the Loan Documents. The total amount due and owing to WBPF by Phi Delt on the Note as of December 7, 2023, consists of the principal sum and advances of$438,067.47; accrued interest of$139,128.84; interest at the rate of 10%per annum from and after December 7, 2023; late charges in the amount of five 5 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT percent (5%) for each payment not made within fifteen(15) calendar days after the same is due, plus legal fees and expenses, together with all other fees and expenses including all other interest and default interest, whether incurred by Phi Delt to date or incurred hereafter. 17. The Loan Documents provide that in the event of default, suit and foreclosure, the holder's attorney's fees, and other expenses of litigation including abstracting fees, shall be paid by Phi Delt. WBPF's attorneys are filing an Affidavit for such fees as required by statute, contemporaneously with the filing of this Petition. WBPF asks for such attorney's fees as it may recover under the Loan Documents and applicable statutes. 18.1 WBPF does NOT waive its right to a deficiency judgment,but requests foreclosure of the LoagDocl"ents without redemption pursuant to Iowa Code Sections 654.20 through 654.26. The P'top eQ is;naghe residence of Phi Delt. WIMREFORE Plaintiff Walter B. Palmer Foundation prays for judgment in rem against the''roperty and all of the Defendants with said judgments being for: i. The Note in the principal amount of and advances totaling $438,067.47; Accrued interest in the amount of$139,128.84 as of December 7, 2023; Late charges to be calculated and submitted in the amount of five percent(5%) of any payment due and owing, not made within fifteen(15) days of it being due, plus legal fees and expenses and accruing interest on the principal balance at the default rate of 10%per annum from December 7, 2023 forward, plus the costs and expenses incurred and enforcing the Loan Documents including the costs of this action and reasonable attorneys fees for the Plaintiff's attorneys plus any real estate taxes, special assessments and fire and hazard insurance premiums and abstracting fees advanced or incurred by Plaintiff, And for interest on said judgment at the rate of 10%per annum from the date of filing the Petition herein; and 6 E-FILED 2024 FEB 14 3:49 PM JOHNSON - CLERK OF DISTRICT COURT ii. Plaintiff further prays for a judgment and decree; a. Establishing the Mortgage and Corrective Mortgage as superior to all other liens upon the Property except for the Mortgage to MidwestOne Bank as described above; b. Foreclosing the Mortgage and Corrective Mortgage against the Defendants for the full amount of the afore-said judgment, interests and costs; c. Establish the Plaintiff's lien as the first and superior lien on the Property against all defendants except for MidwestOne Bank said lien being superior as of the date of the execution of the Mortgage; and d. Plaintiff further prays: a. That the Court find that the Plaintiff is entitled to foreclose without redemption, as provided in Iowa Code Section 654.20 through 654.26; b. That the judgment decree forever bar and stop each and every Defendant from having or asserting any right, title, lien, interest or claim in the Property except for MidwestOne Bank's prior Mortgage; c. That a Special Execution issue from this Court directing the sale of the Property or so much thereof that may be necessary to satisfy the MidwestOne Bank loan and the Plaintiff's judgment, interest, expenses, and costs; and d. That a Sheriff's Deed should issue conveying the absolute title to the Property against the Defendants, and all persons claiming by, through, or under them with a Writ of Possession then issuing forthwith to put the guarantee of said Sheriff's Deed in immediate possession of the Property. COUNT TWO-APPOINTMENT OF RECEIVER 19. WBPF hereby realleges and restates the allegations contained in paragraphs 1 through 18 of this Petition and incorporates the same in this paragraph by reference as if fully stated in this paragraph. 20. The Property has last been used as a fraternity house that is availablo,for_a,multi- tenant residential leasing to fraternity members. The rooms located within the P.iperi} ould be offered for rent as a boarding house to generate income. • �a 7 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT 21. Based upon information and belief,the Property has had a property insurance claim in which insurance coverage has been provided to make repairs to damage caused to the Property by a water leak. Phi Delt has received the insurance proceeds but has not made all of the necessary and covered repairs in which to properly maintain the Property. 22. Phi Delt continues to be in default under the Loan Documents and is not making any payments to WBPF on the Note. 23. Under Iowa Code Section 680.1, and in equity, WBPF is entitled to the appointment of a Receiver because WBPF has a lien on the Property, including all leases, rents and personal property associated with the Property in such leases, rents and personal property are in danger of being lost, materially injured or impaired. Phi Delt agreed under the Loan Documents that, upon the event of default, WBPF is entitled to have a receiver appointed for the Property, to take possession of the Property and preserve the property and collect all rents and income thereof. 24. Upon information and belief, as alleged above, insurance proceeds are not being used to make repairs to the Property in which insurance coverage has been provided and proceeds paid to Phi Delt. Further, as alleged above,upon information and belief, after the insurance proceeds are applied to repair the Property, rooms could be made available for rent in the Property, and, therefore, the Property is being wasted and the profits from rents are in danger of being lost or materially injured or impaired. Further, WBPF currently has no control over making the needed repairs and taking what other actions will be needed so that the Property can be offered for rent as a boarding house to generate rent to be available to pay Phi Delt's obligations under the Loan Document, It.is Appropriate for the Court to order Phi Delt to turn over any and all insurance proceeds c�uarentiy=in possession of the Phi Delt or any insurance proceeds received in the future to rn 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT the Receiver herein appointed so that the Receiver may have the necessary repairs made to preserve the Property and prepare the Property to be rented as an income producing asset. 25. A receiver is necessary to take control of the Property to ensure that the obligations of Phi Delt to WBPF under the Loan Documents are secured and properly account for all renter income and expenses with respect to the Property and to restore the Property,both through insurance proceeds and other expenditures, to the level needed and required that the Property can start generating rental income to meet the obligations to WBPF. 26. The appointment of a receiver will not infringe on any of Phi Delt's rights. The receiver will need the following: (a) full access to all books,records, lease agreements and other contracts relating to the Property; (b) the authority to collect the rents and the profits from the Property; (c) the authority to apply such rents and profits in accordance with the terms of the Loan Documents; (d)the authority to receive an accounting of and payment of all security deposits relating to the Property; (e)the authority to receive advances from WBPF, if necessary,pursuant to the Loan Documents, and to apply the same as authorized in the Loan Documents; (f) the authority to take possession and control of any insurance proceeds currently in the possession of Phi Delt or which Phi Delt may be entitled to receive in the future; (g)the authority to make any necessary repairs to the Property needed to prepare the Property to be an income producing asset; .hnd (h)the authority to do all things necessary and usual to protect, control, and manage t1ie:.Prop to'y in accordance with Iowa Code Chapter 680 and subject to the control of the Court: 27. Upon Phi Delt's request, the Receiver shall allow Phi Delt reas6na61c access to-the books, records, lease agreements and other contracts relating to the Property for Phi 13611's business purposes. Such access shall be provided at the offices of the Receiver or at the location where the Receiver maintains the books and records during the receivership, or in such other manner as the 1 9 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT Receiver deems appropriate. Any such access shall be under the supervision of the Receiver and shall be under such terms and conditions as the Receiver deems reasonably necessary to preserve and maintain the integrity of the books and records. 28. Heritage Property Management, a division of Heritage Associates Corporation, an Iowa Corporation, is qualified to serve as Receiver in this action. WHEREFORE Walter B. Palmer Foundation hereby requests judgment on Count Two of this Petition against Phi Delt, and requests that the Court enter an Order: a. Appointing Heritage Property Management, a division of Heritage Associates Corporation("Receiver") as Receiver of the Property, without bond, and ordering that the Receiver take immediate possession of the Property. b. Holding that all costs incurred by Receiver as assessed as additional advances on the Property. C. Holding the Receiver has the power to take and keep possession of the Property, to preserve and maintain the Property, and generally, to do such acts with respect to Lh,e Property as may be authorized by law or ordered by this Court, including the cv . fa�#vwng: Li to maintain,or purchase where necessary,all forms of appropriate insurance ''far the Property against any form of casualty or loss, which may include the following coverages: properry, liability(and excess liability), auto liability,workers compensation, employment practices liability, employer liability, employee dishonesty,business interruption,boiler and machinery, builders risk, construction bonding, environmental, terrorism, other bonding, professional liability, and errors and omissions, in such amounts and with such coverage as are required under the Loan Documents; and ensure that all such policies shall name MidwestOne Bank and WBPF as an additional insureds or loss payees, and Phi Delt shall also be named as an additional insured; ii. to employ property managers, administrative support, attorneys, security companies, custodians,janitors, maintenance workers, repairman, contractors, assistants, agents, accountants, and other employees reasonably deemed necessary, 10 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT appropriate, or desirable to assist the Receiver in diligently executing the duties imposed upon the Receiver; iii. to pay taxes which may have been or may be levied against the Property and contest or appeal any real estate tax assessment or bill relating to the Property; iv. to procure or maintain utility services for the Property, including gas, steam, electric, water, sewer, trash, phone, cable, internet, and snow removal, without suffering,regardless of the internal policies of any utility provider, the termination of such service or refusal to authorize any new account based upon previous unpaid bills for services rendered prior to the appointment of the Receiver or during the term of the Receiver,with any and all accounts to be opened or transferred to the Receiver's name; V. to take such other actions as may be reasonably necessary or prudent to manage, operate, and conserve the Property; vi. Holding that Receiver shall remain in control of the Property until such time as a Sheriff's Deed is issued to the Property, or otherwise until such further order of the Court, at which time Receiver shall immediately cease to serve as the receiver of the Property; vii. Make any necessary repairs to the Property which the Receiver deem necessary to prepare the Property to be rented as an income producing asset; d. Holding that Receiver shall remain in control of the Property until such time as a Sheriff's Deed is issued to the Property, or otherwise until such further order of the Court, at which time Receiver shall immediately cease to serve as the receiver of the Property; e. Requiring Phi Delt, its agents, attorneys, officers, partners, and others in active concert therewith, to pay Receiver all funds in their possession and contr`A, including insurance proceeds or other amounts which were collected as rents or other_income from the _ � 4 Property,or which are in the future collected as insurance payments, refifsl®r other income from the Property. 11 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRIC r COURT f. Restraining and enjoining Phi Delt, its members, agents, servants, employees, attorneys, or any other persons or entities in active concert or participation with them, from in any way interfering with the judicially appointed receiver to take possession of the Property for the purpose of managing and operating the same; g. Restraining and enjoining Phi Delt, its members, agents, servants, employees, attorneys, or any other persons or entities from interfering with any of the management of the Property by Receiver, including,particularly, securing the Property, making repairs as deemed appropriate, and in general the performing of any and all acts in connection with the management of the Property; and N b. -' Granting such other and further relief as the Court may deem just and proper. tia r QUTST THREE-REFORMATION OF THE NOTE AND MORTGAGE c V9. VBPF hereby realleges and restates the allegations contained in paragraphs 1 through 18 of this Petition and incorporates the same in this paragraph by reference as if fully set forth herein. 30. Based upon information and belief, VWBPF believes that Phi Delt is taking the position that WBPF does not have an enforceable lien and security interest against the Property. 31. The Note and Mortgage's reference to real estate being situated in the City of Auburn, County of Lee, and State of Alabama, and not attaching Exhibit"A"to the Mortgage with the legal description of the Property does not reflect the true intentions of the parties due to a scrivener's error and/or mutual mistake of fact. 12 E-FILED 2024 FEB 14 3:49 PM JOHNSON - CLERK OF DISTRICT COURT 32. The true intentions of WBPF and Phi Delt in execution of the Note and Mortgage was to grant WBPF an enforceable lien and security interest in the Property as described above. The mutual mistake in the Note and Mortgage was made in the drawing of these two (2) instruments rather than in an Agreement or an intention of the parties. 33. Equity requires that the Court reform the Note and Mortgage to properly reflect the intent of the parties that the Note given to WBPF was to be secured by a Mortgage against the Property as described above. WHEREFORE the Plaintiff,Walter B. Palmer Foundation prays that the Court grants its request for a Reformation of the Note and Mortgage to properly set forth the intent of the parties after a scrivener's error and/or mutual mistake with the description of the location of the Property and the legal description; reform the Note by replacing the reference in the Security section to Lee County, State of Alabama with the following: Johnson County, State of Iowa; reform the Mortgage to replace the reference to real estate situated in"City of Auburn, County of Lee, State of Alabama"with the following: real estate situated in"City of Iowa City, County of Johnson, State of Iowa;"reform the Mortgage to attach as Exhibit"A", the legal description for the Property as set forth above; and for such other and further relief as the Court deems appropriate. �r Jose T. Mo and AT0005472 Ha ek, orel�nd, Smith & Bergus,L.L.P. , 12 Eas�Washington Street - Io Ci Iowa 52240-3924 rj 319 37- 06 telephone; 319/338-7376 facsimile�� E-mailY reland@ unsblaw.com - -_; n� ATTORNEY FOR PLAINTIFF WALTEIvt:� ?A!�MER FOUNDATION 13 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT REC'D N O V 18 2015 PROMISSORY NOTE $ 270,881.66 November 9 , 2015 FOR VALUE RECEIVED, the undersigned (individually or collectively "Maker") promises to _ pay to the order of THE WALTER B. PALMER FOUNDATION, INC. ("Holder") at 2 South Campus Avenue, Oxford, Ohio 45056 or at such other address as the holder hereof may from time to time designate in writing, the sum of Two Hundred Seventy Thousand, Eight Hundred Eighty One dollars and Sixty Six Cents ($270,881.66), with interest thereon at the rate of six percent(6 %)per annum. The principal sum and interest shall be due and payable as follows: (a) Commencing on the first day of January,2016 (the"First Payment Date") and on the first day of each month thereafter until this Note matures,principal and interest in consecutive equal installments of$1,625.29 (the initial payment and each subsequent payment shall each hereinafter be referred to as "Monthly Payment"); and (b) On February 1, 2046 (the"Maturity Date"),the entire unpaid principal amount, together with accrued and unpaid interest thereon, and all other sums due under this Note or under any other documents evidencing or securing this Note (collectively, the "Loan Documents"), shall be due and payable in full. Security: This Note is secured by a mortgage on real estate situated in Lee County, State of Alabama. The covenants of the mortgage given to secure the payment of this note are hereby made a part of this instrument as if fully written herein. Late Charge: Upon failure to pay any installment within fifteen (15) calendar days after the same is due, Maker shall incur a late charge equal to five percent (5 %) of each late payment. This late charge shall be due and payable without any notice or demand thereof Default and Acceleration: In the event that(1) any installment is not paid within ninety (90) calendar days after due date, or should the real property described in the mortgage, or any interest therein, whether legal or equitable, be sold or transferred by Maker, without the prior written consent of Holder, or(2) upon failure of Maker to perfurin any of tht uther covenants or conditions contained in the mortgage within ninety (90) calendar days after Holder gives notice to Maker of Maker's failure to observe or perform such covenant or condition, this Note shall at the option of Holder bear interest while in default at the rate of ten percent (10 %) per annum (4dault rate), and the entire principal hereof then remaining unpaid, together with all accrued inftfest, sb; 11 at Holder's option, become immediately due and payable without any notice or dei�and:.:. r e r {\j �s T C EXHIBIT I Page 1 of 2 E-FILED 2024 FEB 14 3:49 PM JOHNSON-CLERK OF DISTRICT COURT Other Events of Default and Acceleration: The outstanding balance of this Note shall at the option of Bolder be rendered iminediately due and payable in case of any of the following acts by or against Maker: (a) an assignment by Maker for the benefit of its creditors; (b)filing of a bankruptcy petition or a petition for receivership or reorganization by Maker; (c) the filing of any such petition against Maker that is not discharged within thirty (30) days; or(d) if Maker is not a natural person, the termination of the existence of Maker by cancellation of its charter, dissolution or otherwise. All persons now or hereafter liable for the payment of the principal or interest due on this Note, or any part thereof, do hereby expressly waive presentment for payment, notice of dishonor, protest and notice of protest, and agree that the time for payment or payments of any part of this Note may be extended at the option of Holder without releasing or otherwise affecting their liability on this Note, or the lien of the mortgage securing this Note. The obligation of Maker hereunder, if the Note is signed by more than one person, shall be joint and several. This Note was executed in Count State of Iowa, by the duly authorized �� Y� officer or agent of Maker. r' - J Patrick Wilson,Treasurer Phi Delta Theta House Association,Inc. ... T r � �a EXHIBIT 1 Page 2 of 2 E-FILED 2024 FEB 14 3:49 PM JOHNSON-CLERK OF DISTRICT C(_)l IRT _70ce-17 I�II���I�Illlflll��l�III�IIfI�II���flllll��l�l����llfli���ll�l�� , Doc ID: 026152710006 Type:Kind: GEH Recarded�-,TjE3/20i5 at 08:37:52 PM Fee Amt. $32.00 Pape 1 Cf B Johnson County Iowa ' Kim Psirrter County Recorder SK5445 P45-50 < r2[ Prepared by:Melanie Clayton,2 S.Campus Ave,Oxford,OH 45056 PH:513-523-6345 Return Document to: Melanie Clayton,2 S.Campus Ave,Oxford,OH 45056 Address Tax Statement to:Phi Delta Theta Housing Assoc.,Inc.,c/o Wayne Parsons,1123 10u'St NW,Cedar Rapids,IA 52405 MORTGAGE DEED Phi Delta Theta House Association, Inc., an Iowa nonprofit corporation, with offices at 729 North Dubuque Street,Iowa City, IA 52245,hereinafter called "Borrower," for good and valuable consideration paid by Walter B. Palmer Foundation, Inc., an Ohio nonprofit corporation, with offices at 2 South Campus Avenue, Oxford, Ohio 45056 ,hereinafter called "Lender," the receipt and sufficiency of which are hereby acknowledged, does hereby MORTGAGE, GRANT, BARGAIN, SELL omd CONVEY to Lender the fallowing described real estate situated in City of Auburn,County of Lee and State of Alabama: See Exhibit"A"attached hereto and made a part hereof, together with all privileges, easements, appurtenances, and other rights now or hereafter belonging or appertaining thereto, all buildings and other improvements now or hereafter located thereon all fixtures and equipment now or hereafter attached thereto or used in connection therewith,and all rents and profits there from,all of which are hereinafter called the"Premises." TO HAVE AND TO HOLD the Premises to Lender, Lender's successors and assigns, forever,subject to the conditions hereinafter set fort]. This Mortgage is given so secure the payment of money as evidenced by a certain promissory note(the 'Note") having the same date as this Mortgage, of which Borrower is the maker and Lender is the payee, and which is in the principal amount of Two Hundred Seventy Thousand, Eight Hundred Eighty-One and 66/100 dollars with interest at rate of 6% and to be paid as provided for in the Note;provided,however,that if not sooner paid the entire balance of the Note shall be due and payable on or before February 1,2046. Borrower hereby covenants and agrees with Lender at follows: §1. PAYMENT OF DEDT.Dorrower shall pay when duc the priacipal of and iduatst uu the indebtedness evidenced by the Note in accordance with the terms thereof. §2. STATE OF TITLE; WARRANTY. Borrower is lawfully seized of the Premises and the Premises are free and clear of all encumbrances whatsoever,except those which are disclosed by Abstract of Title last certificate number. 134910-1 issued by Hawkeye Title Services,L.C. §3.REAL PROPERTY TAXES;ASSESSMENTS;LIENS AND CHARGES.Borrower, when the same shall become due and payable,shall pay all real property taxes and installments of assessments which are a lien on the Premises and,upon Lender's request, shall promptly provide Lender with proof of payment for the same.Borrower shall also pay,when the same shall become due and payable, any other governmental(Federal, State or local)levy or charge which is or may become alien against the Premises superior to this Mortgage and shall promptly discharge any lien which has or may have priority over this Mortgage except as to any mortgage lien set forth in §2,above,which Borrower shall not permit to be in default. EXHIBIT 2 Page 1 of 6 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT §4. INSURANCE. At Borrower's expense borrower shall obtain and maintain in full force and effect at all times during the continuance of this Mortgage fire and extended coverage insurance in an amount sufficient to prevent Borrower from being co-insurer under said policy of insurance, but in no event less than the aggregate unpaid balance of the Note and of all obligations secured by mortgages encumbering the Premises which have priority over this Mortgage. All such insurance policies or renewals thereof shall include a standard mortgage clause in favor of and in form acceptable to Lender. Borrower shall promptly furnish Lender with a copy of said policies. The policies of insurance shall provide for written notice to Lender at least 30 days prior to any cancellation, modification or lapse thereof. In the event of loss, Borrower shall give prompt written notice to Lender and Lender may make proof of loss if not promptly made by Borrower. §5. MAINTENANCE OF PREMISES. Borrower shall keep the Premises in good repair and shall not commit waste or permit deterioration to the Premises, reasonable wear and tear excepted, and shall comply with all governmental (Federal, State or local)regulations concerning the Premises. §6. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which Lender in Lender's reasonable judgment believes is detrimental to or impairs Lender's security in the Premises, including but not limited to eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, at Lender's option and upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including but not limited to, disbursement of reasonable attorney's fees and entry upon the Premises to make repairs. Any amounts disbursed by Lender pursuant to this §6 or for advances made for the payment of real property taxes, assessments, or insurance premiums, with interest thereon as hereinafter provided, shall become additional amounts owed by Borrower which are secured by this Mortgage. Such amounts shall be payable upon notice to Borrower from Lender requesting payment thereof and shall bear interest from the date of disbursement at the rate payable from time to time on the unpaid principal under the Note. Nothing contained herein shall require Lender to incur any expense or take any action hereunder, and Borrower hereby waives any and all claims or right against Lender to any payment on, or offset against, the indebtedness secured hereby by reason of any such payment by Lender. Lender, or Lender's agents, shall have the right so enter upon the Premises at all reasonable times for the purpose of inspecting the same, provided Lender shall give Borrower adequate and reasonable notice under the circumstances prior to any such entry. The notice provided for herein need not conform to the provisions of§ 14 below. §7. EMINENT DOMAIN. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation proceedings or other taking of the demises, or apart thereof, or for conveyances in lieu of condemnation,are hereby assigned to Lends and shall be paid to Lender. When there as a total taking of the Premises,the proceeds shall hei applied so the sums secured by this Mortgage, and the balance,if any, shall be paid to BQorowej"phen 1EZ1IBI T 2 '.'Page 2 of 6 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT there is a partial taking of the Premises, unless Lender and Borrower otherwise agree in writing, the proceed aid for such taking shall be applied to the sums secured by this Mortgage in the proportion which th76 unpaid principal amount of the sums secured by this Mortgage immediately prior to the date,of_.taking bear to the fair market value of the Premises immediately prior to the date'oftakfg,ati0 the balance of such proceeds shall be paid to Borrower If.,(m} the 1?iremises are abandoned, or (b) after notice by Lender to Borrower that the condemnQ authority offers to make an award or settle a claim for damages. Borrower fails to respond 6 Lender within 30 days after the date 'such ,notice is mailed, Lender is hereby _ authorizea to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Premises or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to the sums secured by this Mortgage shall not extend or postpone the due date of the payment of the Note or change the amount of any installments due under the Note. §8. TRANSFER OF THE PREMISES, If all or any part of the Premises or any interest therein is sold or transferred by Borrower without Lender's prior written consent, Lender may, at Lender's option, declare all sums secured by this Mortgage to be immediately due and payable; provided, however, -that the following transfers or conveyances shall not accelerate the indebtedness secured hereby: (a) the creation of a lien or encumbrance subordinate to this Mortgage, excluding, however, a conveyance by a Land Installment Contract or the granting of a leasehold interest containing an option to purchase, either of which shall require the prior written consent of Lender; (b) the creation of a purchase money security interest for personal property; (c) a transfer by devise or descent, or a transfer by operation of law upon the death of a co-owner of Borrower; and (d) a transfer to a co-owner or an entity controlled by a co-owner. `v §9. SECURITY AGREEMENT; ASSIGNMENT OF RENTS. As part of the security granted by this Mortgage, Borrower hereby assigns to Lender the rents of the Premises, provided that Borrower shall, prior to any acceleration of the amounts secured by this Mortgage, have the right to collect and retain such rents: All rents collected by Lender or Lender's agent shall be applied first to the payment of costs of operation and management of the Premises and collection of rents, including but not limited to, receiver's bonds and fees, reasonable attorney's fees, and then to the sums secured by this Mortgage, §10. DEFAULT; REMEDIES. The entire unpaid principal amount of the Note, together with all unpaid and secured interest and all ntbP.r charges and amounts payable to Lender under the Note or this Mortgage, shall, at Lender's option, become immediately due and payable: (a) if Borrower does not promptly and Billy pay when due the amounts owed Lender under the Note in accordance with the terms and tenor of the Note; (b) if the Premises or any part thereof or any interest thereon are sold or transferred except as permitted under the provisions of §8 of this Mortgage; (c) if Borrower fails to observe or perform any other provision, covenant or condition required of Borrower under the Note or this Mortgage within 3 days after Lender gives notice to Borrower of Borrower's failure to observe or perform such provision,covenant or condition; (d) if an order for relief under any bankruptcy laws of the United States is issued naming Borrower as debtor or if Borrower makes an assignment for the benefit of creditors or enters into a composition -y =" EXHIBIT 2 Page 3 of 6 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT agreement with Borrower's creditors; (e) if the interest of Borrower in the Premises is attached, levied upon, or seized by legal process; or (f) if a trustee, receiver or liquidator is appointed on behalf of Borrower.Upon an acceleration of the amounts secured by this Mortgage as provided for in this §10, Lender shall have the right to foreclose this Mortgage lien, have a receiver appointed, take possession of and manage the Premises, collect the rents derived from the Premises, and take any and all other action available to Lender under law. §11. APPLICATION OF PAYMENTS. All payments received by Lender under the Note or this Mortgage, unless otherwise stated in this Mortgage, shall be applied by Lender first to the payment of any amounts advanced or paid by Lender for the.prdtection of the security granted by this Mortgage, then to expenses incurred by Lender by reason^of Borrower's default under this Mortgage,then to interest payable on the Note,and then to the principal of the Note. §12. FOREBEARANCE; REMEDIES CUMULATIVE. If Lender (a) grants any extension of time or forbearance with respect to the payment of any sums secured by this Mortgage, (b) takes other or additional security for the payment thereof, (c) waives or fails to exercise any right granted in this Mortgage or"in the Note, (d) grants any release with or without consideration of the whole or part of the security granted by this Mortgage, or (e) amends or modifies in any respect any of the terms and provisions of this Mortgage or the Note, any such act or omission shall not relieve Borrower of any obligations under this Mortgage or under the Note, nor preclude Lender from exercising any right granted in this Mortgage or under law for a default by Borrower or for any subsequent default. Lender's procurement and payment of fire and casualty insurance and Lender!s_�ayment of real property taxes and assessments and other governmental charges and liens.after;Borrower has failed to pay the same shall not be a waiver of Borrower's default or Lende?s'right to accelerate the indebtedness secured hereby. = All remedies provided in this Mortgage are distinct and cumulative to any ot� right or remedy under this Mortgage or which is/are afforded under law and may be exercised conzurrently, independently or successively. §13. SUCCESSORS AND ASSIGNS; JOINT, AND SEVERAL LIABILITY; CAPTIONS; GOVERNING LAW; SEVERABILITY. Subject to the provisions of§8, above, the covenants and agreements of this Mortgage shall bind, and the rights hereunder shall inure to,the respective successors and assigns of Lender and Borrower. The captions and section headings of this Mortgage are for convenience only and shall not be used to interpret or define the provisions of this Mortgage. This Mortgage shall be governed by the laws of the State of Ohio, and, if any provision or clause of this Mortgage or the Note conflicts:with,applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. The provisions of this Mortgage and the Note are severable. §14. NOTICES. Except as otherwise set forth in this Mortgage or as may otherwise be required by applicable law, any notice to be given under this Mortgage shall be in writing and mailed with postage prepaid to Lender and Borrower at the addresses set forth at the beginning of EXHIBIT 2 Page 4 of 6 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT this Mortgage or to such other addresses as Lender or Borrower may designate by notice given to the other parry as provided for in this §14. § 15. RELEASES. Upon payment of all sums secured by this Mortgage and the observance and performance of each of the covenants and agreements of this Mortgage to be observed and performed by Borrower, Lender shall provide to Borrower a release of this Mortgage, and of any other security interest given to Lender to secure the Note, in recordable form. r� [remainder of page intentionally Ieft blank] l -j .may.. EXHIBIT 2 Page 5 of 6 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT The undersigned has executed this Mortgage as of the day and year first hereinabove written. Phi Delta Theta House Association, Inc., an Iowa nonprofit corporation BY: fl Patrick Wilson Its: Treasurer STATE ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day o ���O15, by ��iS t '1 = the 1v-������y� of N,"' �1\4a 7y'.P�:k �\t-s= A�� � `_ �� a;;ti ��ba- on behalf of said—� �, �G-L Nota Pu 'c 51 pxANIE 1 MAI eT 72�055 7��A+ �tsmmisston�yumn Ex gyres �Ac � M� 0% �iy$i8n +nLV* r-.S m 7�i D" i J- ` EXHIBIT 2 Page 6 of 6 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT BK: 6531 PG: 974 Recorded: 12/6/2023 at 8:26:54.0 AM County Recording Fee: $47.00 Iowa E-Filing Fee: $3.88 ev Combined Fee: $50.88 -.. Revenue Tax: a Kim Painter RECORDER Johnson County, Iowa cW 1- CORRECTIVE MORTGAGE DEED Recorder's Cover Sheet Preparer Information: Joseph T. Moreland, 120 E. Washington Street, Iowa City, IA 52240, Phone: 319-337-9606 Taxpayer Information: Walter B. Palmer Foundation, Inc., c/o Sean S. Wagner, 2 S. Campus Avenue, Oxford, Ohio 45046 Return Document To: Joseph T. Moreland, 120 E. Washington Street, Iowa City, IA 52240 Grantors: Phi Delta Theta House Association Grantees: Walter B. Palmer Foundation, Inc. Legal Description: See Exhibit"A" Document or instrument number of previously recorded documents: Book 5445,Page 45-50 This Deed is being re-recorded to correct the instrument recorded November 13, 2015, in Book 5445, Page 45-50 by including the referenced Exhibit"A". EXHIBIT 3 Page 1 of 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON-CLERK OF DISTRICT COURT 70077 Doc ID: 026152710006 Type: GEN Kind: MORTGAGE Recorded: 11/13/2015 at 03:37:52 PM Fee Amt: $32.00 Pape 1 of 6 Johnson County Iowa Kim Painter Countv Recorder BK5445 PG45-50 Prepared by:Melanie Clayton,2 S.Campus Ave,Oxford,OH 45056 PH:513-523-6345 Return Document to: Melanie Clayton,2 S.Campus Ave,Oxford,OH 45056 Address Tax Statement to:Phi Delta Theta Housing Assoc.,Inc.,c/o Wayne Parsons,1123 10a'St NW,Cedar Rapids,IA 52405 CORRECTIVE MORTGAGE DEED Phi Delta Theta House Association, Inc., an Iowa nonprofit corporation, with offices at 729 North Dubuque Street, Iowa City, IA 52245,hereinafter called "Borrower," for good and valuable consideration paid by Walter B. Palmer Foundation, Inc., an Ohio nonprofit corporation, with offices at 2 South Campus Avenue, Oxford, Ohio 45056 , hereinafter called "Lender," the receipt and sufficiency of which are hereby acknowledged, does hereby MORTGAGE, GRANT, BARGAIN, SELL and CONVEY to Lender the following described real estate situated in City of Auburn,County of Lee and State of Alabama: See Exhibit"A"attached hereto and made a part hereof, together with all privileges, easements, appurtenances, and other rights now or hereafter belonging or appertaining thereto,all buildings and other improvements now or hereafter located thereon all fixtures and equipment now or hereafter attached thereto or used in connection therewith,and all rents and profits there from,all of which are hereinafter called the"Premises." TO HAVE AND TO HOLD the Premises to Lender, Lender's successors and assigns, forever,subject to the conditions hereinafter set forth. This Mortgage is given so secure the payment of money as evidenced by a certain promissory note (the"Note") having the same date as this Mortgage, of which Borrower is the maker and Lender is the payee, and which is in the principal amount of Two Hundred Several Thousand, Eight Hundred Eighty.One and 66/100 dollars with interest at rate of 6%and to ' paid as provided for in the Note;provided,however,that if not sooner paid the entize balance.olj the Note shall be due and payable on or before February 1,2046. Borrower hereby covenants and agrees with Lender at follows: F §1.PAYMENT OF DEBT.Borrower shall pay when due the principal of and interest anl, the indebtedness evidenced by the Note in accordance with the terms thereof. §2. STATE OF TITLE; WARRANTY.Borrower is lawfully seized of the Premises and the Premises are free and clear of all encumbrances whatsoever,except those which are disclosed by Abstract of Title last certificate number. 134910-1 issued by Hawkeye Title Services,L.C. §3.REAL PROPERTY TAXES;ASSESSMENTS;LIENS AND CHARGES.Borrower, when the same shall become due and payable,shall pay all real property taxes and installments of assessments which are a lien on the Premises and,upon Lender's request, shall promptly provide Lender with proof of payment for the same.Borrower shall also pay,when the same shall become due and payable,any other governmental(Federal,State or local)levy or charge which is or may become a lien against the Premises superior to this Mortgage and shall promptly discharge any lien which has or may have priority over this Mortgage except as to any mortgage lien set forth in §2,above,which Borrower shall not permit to be in default. EXHIBIT 3 Page 2 of 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRIC-I COURT P. INSURANCE. At Borrower's expense Borrower shall obtain and maintain in full force and effect at all times during the continuance of this Mortgage fire and extended coverage insurance in an amount sufficient to prevent Borrower from being co-insurer under said policy of insurance, but in no event less than the aggregate unpaid balance of the Note and of all obligations secured by mortgages encumbering the Premises which have priority over this Mortgage. All such insurance policies or renewals thereof shall include a standard mortgage clause in favor of and in form acceptable to Lender. Borrower shall promptly furnish Lender with a copy of said policies. The policies of insurance shall provide for written notice to Lender at least 30 days prior to any cancellation, modification or lapse thereof. In the event of loss, Borrower shall give prompt written notice to Lender and Lender may make proof of loss if not promptly made by Borrower. §5.'MAINTENANCE OF PREMISES. Borrower shall keep the Premises in good repair and shall riot commit waste or permit deterioration to the Premises, reasonable wear and tear excepted,_and:Ahatl comply with all governmental (Federal, State or local) regulations concerning t he Prem�,;es. _ 6: PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenant,-' and agreements contained in this Mortgage, or if any action or proceeding is commenced which Lender in Lender's reasonable judgment believes is detrimental to or impairs Lender's security in the Premises, including but not limited to eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, at Lender's option and upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including but not limited to, disbursement of reasonable attorney's fees and entry upon the Premises to make repairs. Any amounts disbursed by Lender pursuant to this §6 or for advances made for the payment of real property taxes, assessments, or insurance premiums, with interest thereon as hereinafter provided, shall become additional amounts owed by Borrower which are secured by this Mortgage. Such amounts shall be payable upon notice to Borrower from Lender requesting payment thereof and shall bear interest from the date of disbursement at the rate payable from time to time on the unpaid principal under the Note. Nothing contained herein shall require Lender to incur any expense or take any action hereunder, and Borrower hereby waives any and all claims or right against Lender to any payment on, or offset against, the indebtedness secured hereby by reason of any such payment by Lender. Lender, or Lender's agents, shall have the right so enter upon the Premises at all reasonable times for the purpose of inspecting the same, provided Lender shall give Borrower adequate and reasonable notice under the circumstances prior to any such entry. The notice provided for herein need not conform to the provisions of§ 14 below. §7. EMINENT DOMAIN. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation proceedings or other taking of the Premises, or apart thereof, or for conveyances in lieu of condemnation,are hereby assigned to Lender and shall be paid to Lender. When there as a total taking of the Premises,the proceeds shall be applied so the sums secured by this Mortgage, and the balance, if any, shall be paid to Borrower. When EXHIBIT 3 Page 3 of 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT there is a partial taking of the Premises, unless Lender and Borrower otherwise agree in writing, the proceeds paid for such taking shall be applied to the sums secured by this Mortgage in the proportion which the unpaid principal amount of the sums secured by this Mortgage immediately prior to the date of taking bear to the fair market value of the Premises immediately prior to the date of taking, and the balance of such proceeds shall be paid to Borrower If (a) the Premises are abandoned, or (b) after notice by Lender to Borrower that the condemning authority offers to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is hereby authorized to collect and apply the proceeds, at Lender's optiori, either to restoration or repair of the Premises or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to the sums secured by this Mortgage shall not extend or postpone the due date of the payment of the Note or change the amount of any installments due under the Note. §8. TRANSFER OF THE PREMISES, If all or any part of the Premises or any interest therein is sold or transferred by Borrower without Lender's prior written consent, Lender may, at Lender's option, declare all sums secured by this Mortgage to be immediately due and payable; provided, however, that the following transfers or conveyances shall not accelerate the indebtedness secured hereby: (a) the creation of a lien or encumbrance subordinate to this Mortgage, excluding, however, a conveyance by a Land Installment Contract or the granting of a leasehold interest containing an option to purchase, either of which shall require the prior written consent of Lender; (b) the creation of a purchase money security interest for personal property; (c) a transfer by devise or descent, or a transfer by operation of law upon the death of a co-owner of Borrower; and (d)a transfer to a co-owner or an entity controlled by a co-owner. §9. SECURITY AGREEMENT; ASSIGNMENT OF RENTS. As part of the security granted by this Mortgage, Borrower hereby assigns to Lender the rents of the Prerises, provided that Borrower shall, prior to any acceleration of the amounts secured by this Mortgage, have the right to collect and retain such rents. All rents collected by Lender or Lender's age-� shall be applied first to the payment of costs of operation and management of the Premises aneollection of rents, including but not limited to, receiver's bonds and fees, reasonable attorney's Fees, and then to the sums secured by this Mortgage, 1;w §10. DEFAULT; REMEDIES. The entire unpaid principal amount of the Noft together with all unpaid and secured interest and all other charges and amounts payable to Leader under the Note or this Mortgage, shall, at Lender's option, become immediately due and payable: (a) if Borrower does not promptly and fully pay when due the amounts owed Lender under the Note in accordance with the terms and tenor of the Note; (b) if the Premises or any part thereof or any interest thereon are sold or transferred except as permitted under the provisions of §8 of this Mortgage; (c) if Borrower fails to observe or perform any other provision, covenant or condition required of Borrower under the Note or this Mortgage within 34 days after Lender gives notice to Borrower of Borrower's failure to observe or perform such provision, covenant or condition; (d) if an order for relief under any bankruptcy laws of the United States is issued naming Borrower as debtor or if Borrower makes an assignment for the benefit of creditors or enters into a composition EXHIBIT 3 Page 4 of 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT agreement with Borrower's creditors; (e) if the interest of Borrower in the Premises is attached, levied upon, or seized by legal process; or (f) if a trustee, receiver or liquidator is appointed on behalf of Borrower. Upon an acceleration of the amounts secured by this Mortgage as provided for in this §10, Lender shall have the right to foreclose this Mortgage lien, have a receiver appointed, take possession of and manage the Premises, collect the rents derived from the Premises, and take any and all other action available to Lender under law. §11. APPLICATION OF PAYMENTS. All payments received by Lender under the Note or this Mortgage, unless otherwise stated in this Mortgage, shall be applied by Lender first to the payment of any amounts advanced or paid by Lender for the prdtection of the security granted by this Mortgage, then to expenses incurred by Lender by reasoWof Borrower's default under this Mortgage, then to interest payable on the Note, and then to the principal of the Note. §12. FOREBEARANCE; REMEDIES CUMULATIVE. If Lender (a) grants any extension of time or forbearance with respect to the payment of any sums secured by this Mortgage, (b) takes ether or additional security for the paymOt thereof, (c) waives or fails to exercise any right granted in this Mortgage or'in the Note, (d) grants any release with or without consideration of the whole or part of the security granted by this Mortgage, or (e) amends or modifies in any respect any of the terms and provisions of this Mortgage or the Note, any such act or omission shall not relieve Borrower of any obligations under this Mortgage or under the Note, moz-preclude Lender from exercising any right granted in this Mortgage or under law for a default by Borrower or for any subsequent default. Lender's procurement and payment of fire and casualty insurance and Lender's payment of real property taxes and assessments and other governmental charges and liens after Borrower has failed to pay the same shall not be a waiver of Borrower's default or Lender's right to accelerate the indebtedness secured hereby, All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or which is/are afforded under law and may be exercised concurrently, independently or successively. §13. SUCCESSORS AND ASSIGNS; JOINT AND SEVERAL LIABILITY; CAPTIONS; GOVERNING LAW; SEVERABILITY. Subject to the provisions of§8, above, the covenants and agreements of this Mortgage shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. The captions and section headings of this Mortgage are for convenience only and shall not be used to interpret or define the provisions of this Mortgage. This Mortgage shall be governed by the laws of the State of Ohio, and, if any provision or clause of this Mortgage or the Note conflicts.with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. The provisions of this Mortgage and the Note are severable. §14. NOTICES. Except as otherwise set forth in this Mortgage or as may otherwise be required by applicable law, any notice to be given under this Mortgage shall be in writing and mailed with postage prepaid to Lender and Borrower at the addresses set forth at the beginning of EXHIBIT 3 Page 5 of 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT this Mortgage or to such other addresses as Lender or Borrower may designate by notice given to the other party as provided for in this §14. § 15. RELEASES. Upon payment of all sums secured by this Mortgage and the observance and performance of each of the covenants and agreements of this Mortgage to be observed and performed by Borrower, Lender shall provide to Borrower a release of this Mortgage, and of any other security interest given to Lender to secure the Note, in recordable form. [remainder of page intentionally left blank] C=:Y EXHIBIT 3 Page 6 of 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT The undersigned has executed this Mortgage as of the day and year first hereinabove written. Phi Delta Theta House Association, Inc., an Iowa nonprofit corporation By: _ Patrick Wilson Its: Treasurer STATE OFF ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day o4 015, by �-- the Q of '- ikon behalf of said o�... ��..�� _ — •e,r, Not P u c i1spHo' S M�2I�❑5s 4�nc S' C0rnmission Nun`ber a r my.Comini�slon Expires rpyJr r� CtD • �r1 . �.s EXHIBIT 3 Page 7 of 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON - CLERK OF DISTRICT COURT EXHIBIT"A" Legal Description All of Out Lot 33 in Iowa City, Iowa According to the recorded plat thereof, excepting the South 170 feet thereof. Also the South 30 feet of that part of Brown Street in Iowa City, Iowa which lies west of Dubuque Street in Iowa City, Iowa, according to the recorded plat thereof. And also Commencing at the northeast corner of Outlot 33 in Iowa City which lies on the west right-of-way line of Dubuque Street, thence north along said Dubuque Street right-of-way 30 feet to the point of beginning,thence north along said Dubuque Street right-of-way 85 feet, thence west parallel with the north line of Outlot 33 of Iowa City to the east line of the Iowa River, thence southerly along the east side of the Iowa River to a point,thence east parallel with the north line of Outlot 33 to the point of beginning. Subject to easements and restrictions of record. r-)e N) I I - N EXHIBIT 3 Page 8 of 8 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT HAYEK, MORELAND, SMITH & BERGUS, L.L.P. ATTORNEYS AT LAW WILL J.HAYEK(1696.1982) 120 EAST WASHINGTON STREET MICHAEL S.VERVAECKE JOHN W.HAYEK(1941-2014) IOWA CITY, IOWA 52240-3924 KARINA A.MILLER JOSEPH T.MORELAND TELEPHONE (319)337-9606 MATTHEW J.HAYEK FAX(319)338-7376 OF COUNSEL: ALISON WERNER SMITH www.hmst4aw.com MARY KATE PILCHER HAYEK LAURA E.BERGUS December 7, 2023 (Via Certified Mailing with Return Receipt and Regular US Mail) Phi Delta Theta House Association, Inc. c/o Patrick Wilson 1221 Dearborn Street, Apt. #101ON Chicago, IL 60610 Phi Delta Theta House Association, Inc. c/o Eric F. Turner, Registered Agent 1200 Grand Avenue West Des Moines, IA 50265 RE: NOTICE OF DEFAULT Dear Mr. Wilson: The Walter B. Foundation, Inc. (the "Foundation") is the holder of a Promissory Note dated November 9, 2015, in the original principal amount of$270,881.66 (the "Note"). The Phi Delta Theta House Association, Inc (the "House Association") has failed to make monthly payments of principal and interest as required under the Note. As you know, the Note is secured by a mortgage deed dated November 9, 2015, and recorded November 13, 2015, in Book 5445, Page 45 of the Records of the Johnson County Recorder's Office, and re-recorded December 6`' 2023, in Book 6531,page 974 of the Records of the Johnson County Recorder's Office (the "Mortgage"). The provisions of the Note have all amounts under the Note accelerated, due and payable after a 90-day period in which an installment under the Note remains unpaid. This has been the case 90 days after 9/l/2020. The amounts due and payable under the Note are as follows: f— c:` Date this Notice mailed ...................................................12/07/2023 Pitdue since ............................................................... 9/1/2020 - AniaW past due principal and advances........................ $438,067.47 cn Iriterust Accumulated From .............................. 8/1/2020 to 12/07/2023 Irate st Amount ...................................................... $139,128.84 • u- Total-,Amount Now Due...................................................$577,196.31 EXHIBIT 4 Page 1 of 2 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT Page 2 of 2 December 6,2023 You are advised that the non-payment of installment payments under the Note constitutes a Default under the Note. All amounts are not due and payable. Please make arrangements to pay these amounts in full,plus interest at the amount of$72.01 per day for every day after December 7, 2023. If payment in full is not received within 30 days of the date of this notice, the Foundation may proceed exercise any and all of its rights under the law, including,but not limited to, foreclosing the Mortgage. If you voluntarily surrender possession of the above- described collateral,you could still owe additional money after the money received from the sale of the collateral is deducted from the total amount you owe. Please note that while any default is continuing, the Foundation's acceptance of any interest, principal or other partial payments with resect to amounts due under the Note, additional advances to the borrower under the Note or otherwise, or any other action or inaction by the Foundation, will not constitute a waiver on the part of the Foundation of such default or any of its rights or remedies under the Note or Mortgage or applicable law. Nothing in the letter shall be deemed to amend or modify any provision of the Note or Mortgage or a waiver by the Foundation of any of its rights or remedies. If you have any questions,please do not hesitate to contact me. n r Sincerely, k,sepli T. Moreland CC: Bartholemew Reuter. breuter�,versiti.onj rg Robert Downer bobd a,nieardonlaw.com _ r EXHIBIT 4 Page 2 of 2 E-FILED 2024 FEB 14 3:49 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY - WALTER B. PALMER FOUNDATION, INC., Plaintiff, No. V. AFFIDAVIT OF ATTORNEY'S PHI DELTA THETA HOUSE FEES ASSOCIATION, MIDWESTONE BANK, CITY OF IOWA CITY, PARTIES IN POSSESSION., Defendant(s). STATE OF IOWA ) ) ss: JOHNSON COUNTY) I, Joseph T. Moreland, being first duly sworn, do depose and state that I am an attorney of record for the defendants in the above-entitled action and that the fee claimed herein is for services actually rendered in this cause. That there is no contract, agreement, or arrangement, either oral or written, expressed or implied, between my client and me, or between any other person and me, contemplating any division of compensation for services rendered in the above- entitled proceedings except(if shown by these proceedings) other legal counsel in a regular bona fide law partnership with or associated with the undersigned in the above-entitled matter, or jointly serving with him, as at#vrnirelation to this cause. r_..� . Moreland0005472 Moreland, Smith& Bergus, L.L.P. st Washington Streetity, Iowa 52240-3924 319/337-9606 telephone; 319/338-7376 facsimile ` E-mail: moreland(@,lunsblaw.com ATTORNEYS FOR PLAINTIFFS "'A Subscribed and sworn to before me this day of February, 2024 by Joseph T. Moreland. Notary Public in and f e State of Iowa. IME EY CO, 773652mission E-FILED EQCV085074-2024 FEB 15 02:31 PM JOHNSON CLERK OF DISTRICT COURT Page 1 of 4 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WALTER B. PALMER FOUNDATION, INC., Plaintiff, No. EQCV085074 V. ORDER SETTING HEARING, PHI DELTA THETA HOUSE PRESCRIBING NOTICE AND ASSOCIATION, MIDWESTONE BANK, ESTABLISHING DEADLINE FOR CITY OF IOWA CITY, PARTIES IN OBJECTIONS TO REQUEST FOR POSSESSION., IMMEDIATE APPOINTMENT OF RECEIVER Defendant(s). ON THIS DAY, the Walter B. Palmer Foundation, Inc.'s Petition to Foreclose Mortgage without Redemption, and Application for Immediate Appointment of Receiver("Petition") having been presented to the Court, and the Court FINDS: _ 1. That the Plaintiff has established a factual basis for the Court to set dheazinon its request for immediate appointment of receiver. Including the following:," ' a. This is an action in equity for foreclosure of a mortgage givdri by Dakndants Phi Delta Theta House Association("Phi Delt")to the Plaintiff with respect to certain real estate owned by said defendant described in the Petition(the"Real Estate"). b. Walter B. Palmer Foundation, Inc. alleges that pursuant to the Phi Delt Mortgage described in the Petition, and under Iowa Code Section 680.1, Walter B. Palmer Foundation, Inc. is entitled to the immediate appointment of a receiver to take charge of and control the real estate during the pendency of this action; c. WBPF further alleges that there is damage to the Real Estate in that insurance E-FILED EQCV085074 -2024 FEB 15 02:31 PM JOHNSON CLERK OF DISTRICT COURT Page 2 of 4 proceeds have been received but repairs have not been made so that the Real Estate may be rented, and as such, the Real Estate is being wasted or otherwise in danger of being lost or materially injured or impaired as evidenced by: i. Phi Delt's failure to pay required installments under the Note due to WBPF described in the Petition; ca r ii. Phi Delt's failure to utilize insurance proceeds to repair damage to the Real Estate after an insurance claim was submitted; and t �'- iii. Phi Delt's failure to rent the Real Estate so that rents and profits from rental of the Real Estate can be used for the purposes of paying required payments under the Note described in the Petition; iv. WBPF has proposed Heritage Property Management, a division of Heritage Associates Incorporated be appointed to act as receiver in this matter. IT IS THEREFORE ORDERED ADJUDGED AND DECREED 1. A Hearing on Plaintiff, Walter B. Palmer Foundation, Inc.'s Application for the Immediate Appointment of Receiver will be held at the Johnson County Courthouse in Johnson County, Iowa on the 20t" day of March, 2024, at 10:00 a.m. Thirty minutes of court time has been set aside for this hearing. 2. Notice of the time and place of such Hearing shall be given to Defendants Phi Delta Theta House Association by personally serving said defendant,unless such notice is waived or accepted. 3. The Notice shall direct Phi Delta Theta House Association to object to the Court's E-FILED EQCV085074-2024 FEB 15 02:31 PM JOHNSON CLERK OF DISTRICT COURT Page 3 of 4 immediate appointment of a receiver in writing on or before a date certain, to be set forth in the Notice and to be not less than ten(10) days after the date the Notice is served on the party. The Notice shall further state that unless the party files such an objection in writing on or before the date specified,the party will be forever barred from making any objection to the application for the immediate appointment of receiver. 4. Proof of service or appropriate waiver or acceptances shall be filed with this Court before the time of the hearing. ` rep N) E-FILED EQCV085074-2024 FEB 15 02:31 PM JOHNSON CLERK OF ,!CT COURT Page 4 of 4 State of Iowa Courts Case Number Case Title EQCV085074 WALTER B. PALMER FOUNDATION V. PHI DELTA THETA Type: Order setting hearing So Ordered 19• (dad Kepros,District c6urtjudge, Sixth Judicial District of iowa Electronically signed on 2024-02-15 14:31:42 CIO C\p .l LJJ LA. c:ri END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Friday, March 22, 2024 2:03 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Cc: Kellie Grace Subject: lawsuit Attachments: lawsuit.pdf See attached. Iimiii I IMA CITY ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (shelherlhers)* WWW.ICGOV.ORG DEPUTY CITY CLERK 0000 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 "why this matters MOP nsit is now FARE FREE! 'owa FARE FREE IOWA CITY LearnCmorerat 1CGOV.OR G/FAREFREE "The beauty of the world lies in the diversity of its people."-Anonymous 1 E-FILED 2024 FEB 21 3:12 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY KEVIN PEREZ AND SHORT'S BURGER &SHINE, LLC Case No Plaintiffs, VS. MIDWESTONEBANK, TRUSTEE, ORIGINAL NOTICE HAYWOOD B. BELLE FAMILY TRUST; MIDWESTONE BANK; DENNIS MITCHEL; KEVIN MOTE; SARAH WALLACE BELLE (AKA SARAH WALLACE); AND THE CITY OF IOWA c�� CITY ` cl-< " Defendants. =-{=� r-+'t TO THE ABOVE-NAMED DEFENDANT: cx� w You are notified that a petition has been filed in the office of the clerk of this court naming you as a 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 Plaintiffs attorney is Shawn Shearer, whose address is The Shearer Law Office, P.C., lob Third Street, Suite 302, Des Moines, Iowa 30309; telephone number (214) 717-1828; and email shawn shearerlaw. ro. You are further notified that the above case has been filed in a county that utilizes electronic filing. Unless,within 20 days after service of this original notice upon you,you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County,at the courthouse in Iowa City,Iowa,judgment by default will be rendered against you for the relief demanded in the petition. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules 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, Julie Fette, 319-398-3920 (1105) or email julie.fette@iowacourts.gov. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942)• Disability coordinators cannot provide legal advice. IMPORTANT:YOU ARE ADVISED TO SEEK LEGAL ADVICE TO PROTECT YOUR INTERESTS E-FILED 2024 FEB 21 4:25 PM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. CVCV085088 County Johnson Case Title KEVIN PEREZ ET AL. V. MIDWESTONE 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.leais.io v ov/docs/ACO/Coui-tRuiesClia ter/l6. df. 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.iowacouits. ov/for-the- ublic/re resen€ili - ourself/ rotect- ersonal-information/. Scheduled Hearing; cry t'+�� =Q C) 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(1-800-73 5-2942). For more information, see www.iowacourts.gov/foi--tlie-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 02/21/2024 04:25:59 PM 4sr'cP 4�� District Cleric of Court or/by Clerk's Designee of Johnson County /s/Christine Roselund E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT Table of Contents IN THE IOWA DISTRICT COURT PARTIES ...... ........................................•-------._..........................................................3 IN AND FOR JURISDICTION&VENUE.................. JOHNSON COUNTY COMMON FACTUAL ALLEGATIONS................ ................................................._................4 ' Overview................ .....................:.::...........................................................4 KEVIN PEREZ,AN INDIVIDUAL,AND Perez Background....................._..........._._..,.........-._.-...............:.............. »»»»» ---._,.,.......,.5 SHORT'S BURGER&SHINE,LLC,AN Case No. IOWA LIMITED LIABILITY COMPANY Short's Background.....................-.............................................— ...............-,...............5 Plaintiffs, ORIGINAL PETITION Nate Kaeding's Involvement with Short's and MWO................................................................6 V. The Trust Becomes Landlord..................................................... •................................,.........6 MIDWESTONE BANK,TRUSTEE, (LAW&EQUITY) Change of Short's Managerial Responsibilities—Discrimination Begins--...............................6 HAYWOOD B.BELLE FAMILY TRUST,AN IOWA TRUST FORMED UNDER JURY TRIAL REQUESTED Discrimination on the Basis of Race........................................................................................13 IOWA CODE 633A; MIDWESTONE Iowa Civil Rights Commission Complaint#1......................... .................16 BANK,AN IOWA STATE BANK;DENNIS MITCHELL,AN INDIVIDUAL;KEVIN Retaliation for Filing ICRC Complaint#1—MWO's Counterclaim................--....................16 MOTE,AN INDIVIDUAL,SARAH Amendment to ICRC Complaint#1—Addition of Retaliation Claim..................................17 WALLACE BELLE,AN INDIVIDUAL;AND ICRC Complaint#2—Retaliation&Aiding and Abetting.......................................................22 THE CITY OF IOWA CITY,IOWA,AN IOWACITYRight-to-Sue Letters....................:...... ._...............................-......_............................................25 Defendants. CLAIM NO.l: DISCRIMINATION IN VIOLATION OF IOWA CIVIL RIGHTS ACT— IOWA CODE§226.7(Public Accommodation) COMES NOW Kevin Perez ("Perez") and Short's Burger & Shine, LLC ("Short's') (Perez v.MWO,Trust,Mitchell,Mote,S.Belle)........................................25 CLAIM NO.2: RETAILIATION IN VIOLATION OF IOWA CIVIL RIGHTS ACT— (together,Perez and Short's are"Plaintiffs"),and for their Original Petition at Law MidWestOne IOWA CODE§226.11(2)(Counterclaim in Short's Civil Case) (Perez v.MWO,Mitchell,Mote,the Trust)..................................................28 Bank,as Trustee("Trustee')ofthe Haywood B.Belle Family Trust("Trust"),MidWestOne Bank, CLAIM NO.3: RETAILIATION IN VIOLATION OF IOWA CIVIL RIGHTS ACT— IOWA CODE§226.1 I (Confiscation of Short's Patio) an Iowa state bank("MWO'),Dennis Mitchell,an individual and officer of MWO("Mitchell"), elI (Perez v.MWO,Mitchell,Mote,the Trust).....:.:...:.................:.:.:__..........,.29 Kevin Mote, an individual and officer of MWO ("Mote"), Sarah Wallace Belle (aka Sarah CLAIM NO.4: AIDING&ABETTING IN VIOLATION OF IOWA CIVIL RIGHTS ACT—IOWA CODE§226.7(Aiding&Abetting Claims No. 1-3) Wallace),an individual and beneficiary of the Trust("S.Belle')and the City of Iowa City,Iowa, (Perez v.S.Belle).........,.........:.:.:.:.....:........:,.........,....,............_. ..... ::.:......31 CLAIM NO.5: AIDING&ABETTING RETALIATION IN VIOLATION OF IOWA a city vested with powers under Iowa Code chapter 364("C ")states as follows: CIVIL RIGHTS ACT—IOWA CODE§226.7(City Aiding&Abetting Retaliation Claim No.3) (Perez v.MWO,Trust,Mitchell,Mote&City)............................................32 CLAIM NO.6: CONVERSION—CIVIL CONSPIRACY TO COMMIT CONVERSION (Perez&Short's v.MWO,Trust,Mitchell,Mote,S.Belle&City)............33 Nf I i.i I /f�E e Original Petition Page I ofi 4,;j c sJ zx-•i Original Petition Page 2 of 38 E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT CLAIM NO.7: TAKINGS,DUE PROCESS&EQUAL PROTECTION—Iowa Constitution JURISDICTION&VENUE article I,sections 6,9&18 (Perez&Short's v.City)...................................I. ......................................34 9. This Court has jurisdiction to hear this matter pursuant to Iowa Constitution Article A, The City Violated Short's and Perez's Due Process Rights under the Iowa Constitution.35 V,Section 6, B. The City Violated the Takings Clause of the Iowa Constitution............... ....................36 C. The City Violated the Equal Protection Clause of the Iowa Constitution. ...............36 10. Venue is appropriate in this district because all parties are residents of Johnson D. Short's and Perez have been Damaged...».........................................................................36 County and all events plead herein occurred in Johnson County. REMEDIES AND REQUEST FOR RELIEF.............,...... 37 COMMON FACTUAL ALLEGATIONS PARTIES Overview 1. Perez is an individual residing in Iowa City,Johnson County,Iowa. 11. This Petition arises out of the treatment of Mr.Perez and his business,Short's,a 2. Short's is an Iowa limited liability company with its principal place of business in restaurant and bar located in a prime location in Iowa City on Clinton Avenue directly across the Iowa City,Johnson County,Iowa. street from the Pentacrest at the University of Iowa. 3. The Trust is an Iowa trust formed pursuant to Iowa Code Chapter 633A. 12. This Petition alleges that the Trust,MWO(acting through its employees,officers, 4. MWO,also the Trustee,is an Iowa stEte bank with its principal place of business agents and directors(including without limitation its director Nate Kaeding)),Mitchell,Mote,and in Iowa City,Johnson County,Iowa. S.Belle discriminated against Perez in violation of Iowa Code§216,7 prohibiting any owner or 5. Mitchell is an individual who on information and belief is a resident of Johnson lessee ofany public accommodation from discriminating on the basis ofrace to deny the provision County,Iowa and at all times relevant to this Petition was employed by,and an officer of,Trustee of accommodations, advantages, facilities, services, or privileges thereof, or otherwise and MWO. discriminate in the furnishing of such accommodations, advantages, facilities, services or 6. Mote is an individual who on information and belief is a resident of Johnson privileges. County,Iowa and at all times relevant to this Petition was employed by,and an officer of,Trustee 13. This Petition also alleges the Trust and MWO retaliated in violation of the anti- and MWO. retaliation provisions of Iowa Code§216.11(2)by taking adverse actions against Perez because 7. S.Belle is an individual and resident of Johnson County,Iowa at all times relevant Perez filed a charge of discrimination with the Iowa Civil Rights Commission. to this Petition is the beneficiary of the Trust. 14. The adverse actions taken include prompting the City to take Perez's property.This S. The City is located in Johnson County,Iowa. Petition alleges that the taking of Perez's and Short's property by the City was an unlawful taking under the Iowa constitution and conversion. Original Petition Page 3 of 38 1`"—� �r fe{ill9n Page 4 of 38 3 - : E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT 15. This Petition alleges that S.Belle and the City violated Iowa Code§216.11(1)by 24. Perez,Ouverson and Kaeding also personally executed the Lease as tenants and knowingly aiding and abetting the violations of the non-retaliation provisions of Iowa Code§§ were each individually responsible for performance thereof. 216.11(2)by the Trust,MWO,Mitchell and Mote. 25. Short's has operated a restaurant/bar at the Premises since 2008. Perez Background 26. In 2012,Perez and Ouverson acquired Kaeding's UP interest and ownership have 16. Perez's grandfather was born in Mexico and was a teenager when he immigrated to been 50150 between Ouverson and Perez ever since. the United States in the late 1920s, Nate Kaeding's Involvement with Short's and MWO 17. Perez is a 57-year old man,Hispanic in race and his surname is Hispanic in origin. 27. When Perez and Ouverson acquired Kaeding's interest in Short's in 2012,Kaeding 18. Perez attended West Des Moines Valley High School and graduated in 1985 and entered into a consulting agreement with Short's and received payments from Short's under that attended and graduated from the University of Iowa. consulting agreement through February 2, 2017 at which time the consulting agreement was 19. Perez has owned and operated retail businesses and restaurants in and around terminated. downtown Iowa City since 1993. 28. A year later,in 2018,Kaeding became a director of MWO's holding company. Short's Background 29. MWO released its director,Kaeding,from his personal liability underthe Lease on 20. Short's Burger&Shine,LLC("Short's')was formed in 2008 with Perez owning August 6,2021.The discrimination by MWO against Perez alleged below commenced in April 1/31, Daniel Ouverson("Ouverson')owning 1/3`d, and an entity controlled by Nate Kaeding 2022,only eight months after MWO released Kaeding(its director)from personal liability under owning 1/3rd. the Lease. 21. Ouverson and Kaeding are both Caucasion. The Trust Becomes Landlord 22. On or about June 1, 2011, Short's entered into a Lease — Business Property 30. In 2016,ownership of the Premises was transferred to the Trust upon the death of ("Lease") with H.D. Short and Sons, an Iowa General Partnership, for rental of the Haywood B.Belle and the Trust remains the owner of the Building today. premises located at 18 South Clinton Street,Iowa City,Iowa 52240("Premises'),for an initial 31. MWO has been the executor of the Belle extate or Trustee of the Trust since 2016- term of three(3)years with the option to renew for seven(7)additional terms of three(3)years. 32. S.Belle is believed to be the only beneficiary of the Trust. 23. The Premises is the northern portion of the ground floor and basement within a Chau cafShort's Nlana eritaI Res onsihililies—Diuriminatien B ins building comprised of 18,18%(upper floors),and 20(southern portion of ground floor) S.Clinton 33. Perez and Ouverson are involved in other restaurantibar enterprises in the Johnson Street(the"Building"). County area in addition to Short's. 21 Original Petition Page 5 of 38 Original Petition Page 6 of 38 E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT 34. From 2018 through April 2022, Short's provided repeated notices to Ouverson(Caucasian)over Perez(Hispanic)and a preference for contacting Kaeding(Caucasian) Trustee/Landlord regarding structural flaws in the Premises,including sewer malfunctions,water over Perez(Hispanic)for operating a business in the Premises. collecting in the basement from leakage through severely cracked and collapsing basement walls, 42. Mitchell,MWO and the Trust,prodded by,or with the support of, S.Belle took smells,and structural defects in the walls,pipes,and-itilities of the Premises,among others, action the next day, April 21,2023, to begin the process of removing the Hispanic operated 35. From 2008 to early April 2022,Ouverson(Caucasian)held primary managerial business from the Premises. responsibility for Short's operations and was Short's primary contact with the landlord. 43. On April 21,2021,the Iowa City Press Citizen reported Short's temporary closure. 36. In early April 2022, Perez (Hispanic) and Ouverson (Caucasian) changed Statements from Short's were published by the Press Citizen describing the structural problems at managerial responsibility for Short's.This change resulted in Perez(Hispanic)becoming primarily the Building responsible for overseeing the operation of Short's. 44. Inspection personnel from the City of Iowa City ("City") came to inspect the 37. In early-April 2022,Short's changed rts primary contact for interactions with the Premises and discovered severe structural damage.The City required that the natural gas supply landlord from Ouverson to Perez. to the Premises be shut-down due to collapsing walls and support structures threatening natural 38. Immediately after the change of responsibility from Ouverson(Caucasian)to Perez gas pipe integrity.With natural gas shut-down,restaurant operations could not be conducted at the (Hispanic),in April 2022 the Trust,MWO,and S.Belle,individually as a group,began systematic Premises. and consistent mistreatment of Perez and Short's, 45. On April 21,2022,less than three weeks after Perez(Hispanic)assumed primary 39. On April 18, 2022, Short's temporarily suspended operations due to structural owner-managerial responsibility for Short's for the first time since 2011,MWO/Trustee/Landlord issues including cracked basement walls,a leaking roof,standing water in the basement,and a delivered a letter to Short's alleging its cessation of operations on April 18,2022 constituted an collapsing structural wall threatening gas pipe and meter integrity. abandonment of the Premises in breach of the Lease and demanded cure by Short's resuming 40. On April 20,2022,S.Belle wrote to Mitchell the following at 5:56 a.m.: restaurant operations. Dennis, 46. During the time the premises was unusable for operations,Short's expended time I will be going to the gym and will be there until 9:00 am. This whole Short"s thing is ridiculous and these guys and capital to redecorate the interior as permitted under the Lease. are adirg like children If Dan is going to drag his feel and Le-Kevin walk all over him we need to move on. I am tired el being helpless because of other people. I think we should talk to Nate Kaeding see if he is Interested,charge the name but nal the concept,and move ahead. ban nods to grow up. Let me read the 47. On April 21,2022,MWO/Trustee/Landlord delivered a letter to Short's alleging loiter and why don't you start composing a letter to send to Nate. I will Call you after the gym. the cessation of operations constituted an abandonment of the Premises in breach of the Lease and Thank you,SARAH rA-� demanded cure by Short's resuming restaurant operations. 41. These April 20,2022 statements by S. Belle evidence her clear preference for F tit tV t(? Original Petition Page 7 of 38 Original Petition Page 8 of 38 3 � . � t I I E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT 48. The April 21,2022 demand could not be complied with by Short's-the structural lack of natural gas and the construction, During these repairs Short's continued its interior issues were substantial and the City had required the gas to be shut-off.A restaurant cannot operate redecorating. F I— 1 1 , with collapsing walls and no gas. i SS. Short'l te"ndsrdd payment or-,amounts due under the lease for July 2022 by check 49. MWO/Trustee/Landlord allegedly sent a letter dated May 5,2022,entitled"Notice using the normal process as had been used for years. of❑efault under the [case:' to Short's based an the alleged�a, A tR ceps'a[a1-5 4 56. 'PRgW®61rit�te�l�artd�'rej�ete�Sllarl's tcndera#payment for]u3y 2022 rent and operations.The letters were delivered by email to Short's on May 10,2022{{: ; r_ returned the check,furtendogsr t d.pnp!ocessed, to 5hen's counsel asserting the Lease was I-a1 1 1 �.i' Ala;$ 1 fIJ. �,_1: I,t': 50. On May 19,2022 Short's responded to the"Notice ofi(tt'.�b �stlr'�pd state terminated on J >id3pr2Q �� + ; that Short's was"in the process of remodeling and updating the space"and that it"anticipate[d] 57. On July 7,2022,the Trustee delivered Short's a 3-Day Notice to Quit demanding this work to take two to four months at which time we will reopen." the premises be vacated due to abandonment and Lease termination. 51. On May 24,2022,MWO/Trustee/Landlord delivered a"Notice of Termination" 58. On July 15,2022,the Trust filed a forcible entry and detainer action("FED#1") stating Short's closure was an abandonment and breach that had not been timely cured under the seeking to evict Short's alleging the Lease had been terminated as of June 30,2022. Lease and the Lease would terminate June 30, 2022 despite a remaining term through April 59. Kaeding was not named as a defendant in FED#l because MWO had released him 30,2023 from personal responsibility in August 2022, only eight months prior to the beginning of the 52. After receiving the Notice of Termination alleging a Lease termination date of June Trust's attempts to remove Perez. 30, 2022, Perez openly, and with MWO/Trustee/Landlord's & S. Belle's awareness and 60. On July 21,2022,Iowa City Press Citizen reported that Perez(Hispanic)had stated knowledge,continued making interior redecorating changes to the Premises in anticipation of to the reporter that Short's planned to reopen as soon as possible after it completed hiring new reopening and renewal. staff. 53. Short's paid all rent and other amounts due under the Lease for April,May and June 61. In response to the Press Citizen article,S.Belle texted D.Mitchell on July 21,2022: 2022,even when operations where closed due to the structural damage and lack of natural gas to < ?� Sarah Belle � C, operate. Thursday,Jul 21,2022•7:33 AM 54. Trustee/Landlord contracted for work to be performed to repair the severe structural Get a Cease and Desist today. This all is getting damage that had caused leaks and forced the City to cut-off natural gas supplies.This work was insane performed throughout June and July 2022.During these repairs Short's remained closed due to 62. On July 27,2023,Short's announced on its Facebook page that it's reopening was Original Petition Page 9 of 38 Original Petition Page 10 of 38 E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT near. health issues and March 9,2023 was set for the third-day of testimony. 63. Upon seeing the Facebook post,on July 27,2023,S.Belle and Mitchell engaged in 66. On January 23,2023, the Trust filed another forcible entry and detainer action the following text message exchange in which Mitchell concludes that Perez"is not on my list of ("FED#2')asserting that Short's had failed to pay rent for the period July 2022 to January 2023 favorite people": (the entire period FED#1 had been pending with the Trust asserting the Lease had terminated June < Sarah Belle 13, R_ 30,2022 and the entire period for which the Trust was refusing to accept rent payments). Wednesday,Jul 27,2022•11:57 AM 67. The filing of FED 42 was an admission that the Trust/Landlord knew FED#1 based upon"abandonment"was a lost cause and FED#1 was brought without basis, 68. On January 27,2023,the Trust filed a civil petition at law(Trust v.Short's et al. Johnson County Case No.LACV084008)alleging(i)breach of contract by Short's failure to pay rent for the period July 2022 to January 2023(the same rent period as alleged in FED#2 and during On Facebook which the Trust would not accept rent payments)and(ii)seeking a Writ of Attachment.Perez and Did you see this? Ouverson were named as defendants in this civil action seeking their personal liability, but Kaeding was not named due to his release from liability in August 2022. I had not seen it.Kevin P,is not on my list of 69. During the seven month period between July 2022 and January 2023, the Trust favorite people. initiated three separate lawsuits against Short's alleging breaches ofthe Lease.In all three lawsuits, 64. Short's restaurant operations recommenced in August 2022. the plaintiff was the Trust with MWO identified as the trustee of the Trust. 65. An evidentiary hearing was held in FED#1 on September 28,2022.After a partial 70. All three lawsuits were pending at the same time from January 27,2023 to March day of evidence,the hearing was continued to November 1,2022 because both parties needed to 9,2023.All three lawsuits were voluntarily dismissed by the Trust between Thursday,March 9, present additional evidence.The continued hearing was postponed due to a witness testing positive 2023 and Wednesday,March 15,2023. for COVID,and the date was re-set for December 13,2022,The December 13,2022 hearing was 71. The summary of the three suits brought by the Trust against Short's between July continued due to a conflict with Trustee's counsel's trial schedule and the hearing was re-set For 15,2023 and March 9,2023 are the following: December 20,2022.On December 20,2022 additional evidence was taken in FED#l,but due to a. FED#I: On July 15,2022,the Trust filed Forcible Entry and Detainer witness unavailability, the hearing was further continued and a thirst-d_q testimony was i7r_ yIp ++ (Trust v.Short's et al., Johnson County Case No. SCSC102261)("FED#1")alleging breach of scheduled for January 3,2023.The January 3,2023 gearing was continu L r 7 .101 , '` i ' t�Al W Uk Original Petition �ggg1 O Original Petition '`� "' - c �LiJ Page 12 of38 I i 1 E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT the Lease due to abandonment and that the Lease had terminated June 30,2022.After two hearings, (less than three weeks later)and no legitimate non-discriminatory reason provided despite repeated on the morning of the day scheduled for the third hearing FED#1 was voluntarily dismissed with requests made by Plaintiff for such a reason,the reason for removal was Perez's race. prejudice by the Trust/MWO on March 9,2023. 76. MWO&the Trust took actions in furtherance of S.Belle's preference for working b. FED#2: On January 23,2023,the Trust filed Forcible Entry and Detainer with Ouverson and Kaeding(Caucasians)over Perez(Hispanic), (Trust v.Short's et at.,Johnson County Case No.SCSC103519)("FED#2')alleging breach of 77. Not only was there no legitimate,good faith,non-discriminatory business reason the Lease due to Short's failure to pay rent for the period July 2022 to January 2023 FED#2 was ever articulated by Defendants for their adverse actions against Short's and Perez, all of the voltuntarily dismissed without prejudice on March 9, 2023. However, because FED #2 was litigation commenced by the Trust/MWO (FED #l, FED #2, and MWO's Civil Case) were dismissed after trial had commenced,such dismissal is with prejudice pursuant to Iowa R.Civ.P. dismissed voluntarily after forcing Short's and Perez to incur the legal costs and expenses of 1.943. defense, C. Civil Case: On January 27,2023,the Trust filed a civil petition at law(Trust Discrimination Continues Throughout 2023 v. Short's et at. Johnson County Case No. LACV084008)("MWO's Civil Case")alleging(i) 78. One hour after dismissing FED#1&FED#2,on Thursday March 9,2023,counsel breach of contract by Short's failure to pay rent for the period July 2022 to January 2023(the same for the Trust delivered notice to Short's that Short's had failed to timely exercise its option to rent period as alleged in FED#2)and(ii)seeking a Writ of Attachment.MWO's Civil Case was renew the Lease and declared that the Lease would terminate at the expiration of its term on April voluntarily dismissed without prejudice on March 15,2023. 30,2023. Discrimination on the Basis of Race 79. On Monday March 13,2023,at approximately 9:00 a.m.Short's paid all rent for 72. Perez and Short's paid all rent due for April-June 2022,a period in which Short's July 2022 through March 2023 that was unpaid while FED#1 was pending and the Trust refusing was closed, to accept rent payments. 73. Short's and Perez tendered payment for July 2022 rent.The July 2022 rent tender 80. Short's Civil Case,On March 22,2023,Short's commenced litigation against the was rejected by the Trust. Trust,MWO,and Mitchell alleging,among other things,that Short's had lawfully exercised its 74. Given that payment of rent was not an issue,MWO/Trust/Landlord/Mitchell/Mote option to renew.(Short's v. Trust et al,Johnson County Case No.LACV084204)("Short's Civil &S.Belle were motivated to remove Short's for some reason other than economics. Case").Short's Civil Case remains pending and is in discovery. 75. The temporal proximity of Perez's assumption of managerial duties in early April 81. Short's paid April 2023 rent. 2022 and the commencement of Defendants'actions to remove Short's beginning April 21,2022 82. Short's tendered payment of May 2023 rent.That payment was processed through r + '! i 'l r �t n' ;) t 3 �tr Original Petition `�.''' 1 �f81 ;� Original Petition �,.g`E••' '' ` Page 14 of 38 —4 a z,, E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT the federal reserve system and cleared.The Trust/MWO returned that rent payment. Iowa Civil Rights Commission Complaint#1 83. FED#3.On May 8,2023,the Trust commenced a forcible entry and detainer action 90. Attached hereto as Exhibit I is Perez's initial complaint filed with the Iowa Civil to evict Short's for occupying the Premises beyonc the April 30, 2023 term(Trust v. Short's, Rights Commission on June 2,2023("ICRC Complaint#1"). Johnson County Case No. SCSC I 04238)("FED#3"). Two partial days of evidentiary hearings 91. All of the factual and legal allegations and assertions contained in Exhibit 1 are were held in FED#3. incorporated herein by this reference as if expressly alleged herein. 84. Short's has tendered payment of rent for every month since May 2023 and those 92. ICRC assigned ICRC Complaint#1 Complaint No.06-23-80113. attempted payments have been refused by the Trust/MWO. 93. ICRC Complaint#1 alleges that the Trust, MWO,Mitchell, Mote, and S.Belle 85. There is no business reason for the FED#3 action—Short's has paid all rent and its violated Iowa Code§216.7 by discriminating against Perez on the basis of his Hispanic race in tenders of additional rent have been refused. the furnishing of accommodations,advantages,facilities,services or privileges. 86. Mitchell has testified in FED#3 that the Trust has not been marketing the property 94. ICRC Complaint#1 cites to the lack of landlord-tenant conflicts from 2008 to April seeking a new tenant. 2022 while Ouverson (Caucasian) was managing the business and then the sudden spate of 87. No legitimate non-discriminatory reason for seeking to evict Short's (a paying litigation and attempts to evict(despite Short's paying rent) less than three weeks after Perez tenant of 15 years)has ever been articulated by MWO/Trust/Landlord/Mitchell/Mote/S.Belle. (Hispanic)assumed managerial responsibility. 88. The basis for filing FED#3 and conti-iuing to seek eviction of Short's is Perez's 95. ICRC Complaint 41 asserts that this temporal proximity and the lack of a legitimate race- non-discriminatory business reason demonstrates Perez's race was a motivating factor in the 89. Since 2008, Short's has been a perfect tenant. Rent has always been paid or Defendants aggressiveness seeking eviction. tendered timely or within grace periods and no notices of default had ever been issued to Short's 96. The filing and prosecution of FED 41,FED#2,and MWO's Civil Case from July from 2008 to 2022.During this period Ouverson was responsible for interactions with the landlord. 2022 to March 2023,only for all three to be voluntarily dismissed,shows harassment and animus. However,almost immediately after the Short's owners changing responsibility from a white man Retaliation for Filing ICRC Complaint#1—MWO's Counterclaim (Ouverson)to a Hispanic man(Perez),the Trust,MWO,and S.Belle commenced an all-out assault 97. Counsel for Perez provided counsel for MWO a courtesy copy of the ICRC in an attempt to remove a Hispanic run business from:he Premises. Complaint#1 documents filed with the ICRC on or about June 2,2023. 98. On June 19,2023,before the ICRC had even processed ICRC Complaint#1 or delivered it to the respondents named therein,MWO filed an Answer and Counterclaims in Short's 0l gilt l` V,rfl t:`�:1�:! %`," , Orinal Petition Page 15 of 38 Origingy--PC,Fg � I Page 16 of 38 ���IL E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT Civil case.The ICRC did not distribute ICRC Complaint#1 to the named respondents until after with the ICRC" June 22,2023.However,on June 19,2023,MWO's Answer and Counterclaims in Short's Civil b. "MWO has sued Mr. Perez for monetary damages solely because he filed a Case MWO alleged as follows: ' complaint with the ICRC,There is no doubt such action constitutes unlawful retaliation a. MWO specifically named Perez as a Third-Party Counterclaim Defendant and under the ICRA." joined Perez personally in the litigation, c. Iowa Code§216.11(2)provides: b. MWO asserted a Counterclaim solely against Perez alleging that"the Civil Rights It shall be an unfair and discriminatory practice for:...(2) any person to discriminate or retaliate against another person in any of Complaint" [ICRC Complaint#1] was filed for the sole purpose of harassing the Trust, the rights protected against discrimination by this chapter because such person has last fully opposed any practice forbidden under this increasing litigation expenses, and/or pressuring the Trust into agreeing to dismiss the chapter...or has filed a complaint..,under this chapter." forcible entry and detainer action.[FED#3]". d. "Respondent MWO has directly sued Mr.Perez because he opposed its unlawful c. MWO alleged in the counterclaim against Perez that the filing of ICRC Complaint practices and filed a complaint under the ICRA.Respondent MWO's act of suing Mr.Perez #1 with the Iowa Civil Rights Commission constituted abuse of process and Perez was for damages because he filed the Initial Complaint is as a direct violation of the ICRA personally liable for monetary damages related to responding to ICRC Complaint#1. retaliation prohibition as there could possibly be.Suing anyone for damages solely because Amendment to ICRC Complaint#1—Addition of Retaliation Claim they have filed a complaint with the ICRC is a blatant and direct violations of the ICRA." 99. Attached hereto as Exhibit 2 is Perez's complaint filed with the Iowa Civil Rights e. "It can be put no more simply than it is illegal to sue someone who files a complaint Commission on June 20,2023("ICRC Complaint#1 Amendment). with the ICRC based solely upon the complaint being filed.The filing of a complaint of 100. All of the factual and legal allegations and assertions contained in Exhibit 2 are discrimination with the ICRC is a statutorily protected act,Suing a complainant because incorporated herein by this reference as if expressly alleged herein. they filed a complaint is prohibited.The case for retaliation against Respondent MWO is as 101. The retaliation complaints included in Exhibit 2 were treated by the ICRC as an clear-cut a violation of the ICRA as there can be." amendment to ICRC Complaint#1 and not the filing of a new case,and the ICRC maintained the Further Retaliation and Aidine and AbettiuL by like City—Short's Pit a same case number. 103. In 2007,Perez lobbied the City for an ordinance allowing restaurants in downtown 102. The ICRC Complaint#1 Amendment alleges,in summary: Iowa City to operate"sidewalk cafes". a. "Respondent MWO's counterclaims assert Complainant Perez personally is liable 104. The City adopted an ordinance and rules for sidewalk cafes. for money damages to MWO based solely upon his filing of the Initial Complaint 105. Short's obtained authorization for a sidewalk cafe and operated outdoor cafes every .` �� t �ti_s 1J 1•�rhi7J Original Petition Page 17 of 38 j �� �' �I` { r Original Petition Page 18 of 38 ypVN ktj��z G E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT year from 2008 to 2022. the beneficiary ofthe Trust,texted Mitchell and MWO with specific instructions to retaliate against 106. Short's sidewalk operations include a deck slightly raised from the sidewalk Short's and Perez contrary to the history ofthe prior 15 years of annual renewals and stated: attached to the fagade of the building and encroachirg slightly into the City's sidewalk right-of- Thursday,Apr 6.4:54 PM way and then an additional cafe area in the on-street parking area in front ofthe Building. Please make sure Kevin Mote DOES NOT sign 107. The license agreement to operate sidewalk caf6's is renewed annual with the City anything for SHORTS. for a term of February 1 to January 31. NO PATIO DINING 108. From 2010 to 2022,the normal process was for Short's to sign the City's form of Thursday,Apr 6.6:03 PM sidewalk cafe license renewal and obtain the landlord's consent on that same form, with both Left him a voice mail Short's and the Landlord's signatures notarized,Shorts then delivered the executed and notarized 114. Mitchell responded he left a voicemail with Mote. form to the City along with payment of required fees.The City then would sign and record the 115. Mote had authority to execute the renewal on March 30,2023 and did so and his sidewalk cafe license agreement, signature was notarized. 109. Short's Sidewalk C06 License Agreement renewal term ended on January 31, 116. At some point after April 6, 2023, MWO, through Mitchell and Mote, at the 2023- direction of S.Belle then contacted representatives ofthe City to seek to revoke Mote's notarized 110. On March 30,2023,Short's manager executed the renewal document for the term March 30,2023 signature on the renewal. of February 1, 2023 to January 31,2024, Defendan. Mote, on behalf of MWO and the Trust 117. No writing exists whereby MWO states to the City that the notarized consent executed the same document on March 30,2023. Bcth Short's and the Trust's signatures were granted by Mote on March 30,2023 was revoked, notarized. 118. The City refused to sign the February 1,2023 to January 31,2024 Sidewalk Caf6 111. On March 30,2023,Short's delivered-enewal document to the City and tendered License Renewal for Short's despite Short's compliance with all prerequisites for such signature. payment of required fees by check_ 119. S. Belle's, Mitchell's and Mote's actions in seeking to revoke consent were in 112. Short's had previously provided the Cit-its insurance certificate covering the initial furtherance ofthe discrimination against Perez. period ofthe renewal term and upon renewal ofinsurarce a certificate would automatically be sent 120. Despite no renewal,Short's operated its patio attached to the fagade ofthe Building to the City covering the remaining portion ofthe renewal term, during March,April,May,and June 2023.This operation was consistent with Iowa City Code§ 113. A week after MWO consented by notarized signature,on April 6,2023,S.Belle, 10-3-3B.During this time,the City took no action against Short's for conducting such operations Original Petition ; - Page 19 of 38 Original Petition Page 20 of 38 E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT without a renewal executed by the City. from where the bolts were removed. 121. On June 2,2023 ICRC Complaint#1 was filed and a courtesy copy provided to ICRC Complaint N2—Retaliation&Aiding and Abetting MWO's counsel. 131. Attached hereto as Exhibit 3 is Perez's complaint filed with the Iowa Civil Rights 122. On June 19,2023,MWO filed its Counterclaim against Perez described above. Commission on August 3,2023("ICRC Complaint#2"). 123. On June 30,2023,Short's received a letter from the City demanding that Short's 132. All of the factual and legal allegations and assertions contained in Exhibit 3 are remove its patio attached to the facade or the City would remove it. incorporated herein by this reference as if expressly alleged herein. 124. The June 30,2023 City letter to Short's included a"cc:"to MWO's counsel. 133. ICRC Complaint#2 was assigned ICRC Complaint No.06-23-80434. 125. Prior to issuance of the City's June 30,2023 letter,MWO communicated with the 134. ICRC Complaint#2 alleged that MWO as Trustee retaliated against Short's for City requesting that the City enforce its sidewalk cafe ordinance against Short's. filing ICRC Complaint 41 on June 2,2023 by(i)filing counterclaims in Short's Civil Action based 126. The prompting of the City to take adverse action against Short's was retaliation for solely upon Perez's exercise of his rights under the ICRA and(ii)seeking the City's enforcement Perez filing ICRC Complaint#1 within weeks prior. ofthe Sidewalk Cafe Ordinance(which had not been enforced for five months). 127. Counsel for Short's,in writing, advised the City's Assistant City Attorney that(i) 135. The temporal proximity between the June 2,2023 ICRC Complaint#1 filing,the the City had taken no action against Short's from February 1 —June 30,2023,(ii)the City was June 19,2023 Counterclaim against Perez,and the June 30,2023 letter from the City seeking doing the bidding of MWO, and (iii) MWO was retaliating against Short's for filing ICRC removal of the patio(with a copy of such letter being provided to the same MWO counsel who Complaint#1 and ICRC Complaint#1 Amendment by seeking the City take Short's property, signed and filed the Counterclaim l 1-days earlier)demonstrates causation and retaliatory motive. 128. The City was advised that it was on notice that it was knowingly and intentionally 136. ICRC Complaint#2 alleges: aiding and abetting MWO's retaliation in violation of the Iowa Civil Rights Act. a. The outdoor dining, and the ambiance and visuals, are important to attracting 129. Despite this knowledge,on or about July 25,2023,the City ignored the warnings business.MWO's alleged revocation of consent to the sidewalk cafe license(consent having and intentionally dismantled Short's and Perez's small patio/deck, protruding into the public been provided each of the prior 15 years) was an adverse action based on the same sidewalk right of way by less than a foot, including removing the iron fencing and its bolts discriminatory motive as the filing of Fed#l,FED#2,MWO's Civil Case and FED#3.The attaching the fencing to the facade of the building,together with Short's furniture and floor of the ICRC Complaint#1 alleged that the supposed verbal"revocation"of consent,if it occurred patio and disposed of that property, was racially and ethnically motivated. 130. The removal left damage to the facade of the Building and open holes in the facade b. "Because the City would not sign the sidewalk cafe agreement due to an alleged _ Original Petition Page 21 of 38 4''13 .131 } 1 1 Original Petition Page 22 of 38 E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT verbal revocation of a written,notarized consent,Short's did not construct its usual dining City is now on notice that Perez and Short's view the April/May 2023 alleged revocation of area located outside in the street parking area.However,depending on weather,from February consent. . . to have been an act of discrimination based on race/national origin' ([ICRC 1,2023 to July 25,2023 Short's continued to operate its two tables outside on a small deck Complaint#1]and that communications by MWO/Briley to the City seeking to"nudge the attached to the front of the building and extending into the sidewalk." City down the path reflected in the[June 30,20231 letter"to remove Short's patio was an act c. "Despite no sidewalk cafe license being in effect from February 1,2023 to July by MWO/Briley in retaliation for the filing of[ICRC Complaint#1]." 2023,and Short's operating its attached deck during this period,the City took no action g. On July 1,2023, Plaintiff's counsel further advised the City "of Iowa Code § asserting that Short's was operating in violation cf the City's sidewalk cafe ordinance." 216.11(1)prohibiting any person from intentionally aiding and abetting another person to d. On June 19,2023,MWO filed its claim against Mr.Perez unjustifiably alleging engage in prohibited unfair or discriminatory conduct."The City thereby was put on notice abuse of process against Mr.Perez—these allegations are subject of the ICRC Complaint#2 that its sudden interest in taking Short's and Mr.Perez's property was aiding and abetting alleging retaliation.A mere 11 days after retaliating by filing such suit,Mr.Perez and Short's retaliation by MWO/Briley against Mr.Perez for his filing of the Initial Complaint. received a letter,dated June 30,2023 from Resporident Susan Dulek acting as Assistant City h. After a series of letters and emails between Plaintiff's counsel and the City between Attorney stating that the"chairs,tables,and fencing"comprising the attached deck"must be July 1 and July 13,Plaintiff's position was synthesized to 19 points and delivered to the City. removed from the public sidewalk." These include(i)the City's admission that at no time since adoption of the Sidewalk Cafd e. "What is most interesting about the Jule 30,2023 letter is that the"copy w/enc. Ordinances adoption has the City rejected or denied a notarized, signed sidewalk cafd to:"(i.e."cc")included"Siobhan Briley,"counsel for MWO. There was absolutely no basis agreement for which fees were tendered—thus indicating that the City's rejection of Short's for Ms. Briley to be cc'd on this letter, as it had nothing to do with her or her client 2023 application was targeted at Mr.Perez,(ii)the City's knowledge of the ICRA claims (MWO/Trust).The only reason for including Ms.Briley on that communication would have pending before the ICRC, and (iii) the temporal proximity between the filing of ICRC been if Assistant City Attorney Dulek had been contacted by Ms. Briley and knew of the Complaint#1 and the retaliation subject of[ICRC Complaint#2]and the City's June 30,2023 ongoing issues between MWO and Short's/Perez." letter.These 19 points conclude Plaintiff's counsel advising the City that any action taken to f. By letter dated July 1, 2023, counse: for Short's "advised the Assistant City dismantle the deck and take Short's and Mr.Perez's property would be knowingly aiding and Attorney of MWO's retaliation against Mr.Peru'and"advised the City of the existence of abetting Defendants'retaliation in violation of the Iowa Civil Rights Act. the discrimination allegation in[ICRC Complairt#1]and the retaliation allegations in the [ICRC Complaint#2]. In that letter to the City I emphasized and advised the City that`the VA J I J 0 Original Petition Page 23 of 38 �� � �,�+� �[ ! ` Original Petition Page 24 of 38 I � S E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT Right-to-Sue Letters 146. The Trust is the owner of the Building and Premises. 137. Perez requested that the ICRC issue"right-to-sue"letters as ICRC Complaint#1, 147. MWO is the trustee of the Trust. ICRC Complaint#1 Amendment and ICRC Complaint#2. 148. Mitchell and Mote are employees of MWO. 138. The ICRC issued right-to-sue letters for ICRC Case No.06-23-801 13 and Case No. 149. S.Belle exerts influence and control over the Trust and trustee decision regarding 06-23-80434 on December 7,2023. the(rust. 139. True and correct copies of the right-to-sue letters are attached hereto as Exhibit 4. 150. Perez's race(Hispanic)was a motivating factor,significant factor and cause of the 140. This Original Petition is timely filed within the period proscribed in those right-to- Defendants(i)seeking to evict Short's and Perez in FED#l,FED#2,FED#3,(ii)seeking to sue letters, recover monetary damages from Perez in MWO's Civil Case and in the counterclaims filed by CLAIM NO.1: DISCRIMINATION IN VIOLATION OF IOWA CIVIL RIGHTS ACT— MWO in Short's Civil Case,and(iii)attempting to revoke prior consent to Short's sidewalk cafe IOWA CODE§226.7(Public Accommodation) (Perez v.MWO,Trust,Mitchell,Mote,S.Belle) license agreement renewal. 141. Perez incorporates the factual allegations preceding and following as if fully set 151. The temporal proximity between Perez's assumption ofmanagement duties in early forth herein. April 2022 and the commencement of declarations of breach of the Lease(less than three weeks) 142. Perez incorporates the factual allegations contained in Exhibit 1(ICRC Complaint implies racial animus when no such action had been taken from 2008-2022 while Ouverson #1)as if fully set forth herein. (Caucasian)was exercising managerial control. 143. The Iowa Civil Rights Act is to be construed broadly to effectuate its purposes. 152. From late 2019 to present, MWO and Mitchell, when acting as trustee or as 144. Iowa Code§216.7(1)(a)provides: manager or management company to limited liability companies and other organization,have It shall be an unfair or discriminatory practice for the owner,lessee, engaged in a pattern and practice of discriminatory, racially disproportionate, adverse actions sublessee, proprietor, manager or superintendent of any public accommodation or any agent or employee thereof: (a)to refuse or against Hispanic restauranteurs, including Short's and Perez, in the downtown Iowa City area, deny any person because of race, creed, color, sex, sexual orientation, gender identity,national origin,religion, or disability including attempting to remove such restauranteurs from their operating space and directly,or the accommodations, advantages, facilities, services or privileges thereof,or othenrise to discriminate against any person because of through agents or co-conspirators such as the City, confiscating and disposing of those race,creed,color,sex,sexual orientation,gender identity,national origin, religion or disability in the fia•nishing of such restauranteurs furnishings and equipment, accommodations,advantages,facilities,or services,or privileges. 153. Short's and Perez have always paid the rent,or attempted to tender rent payment 145. The Building and Premise have housed public accommodations (retail shops, only to be rejected by the Trust,Short's has never materially breached the Lease.Yet,Perez and barber shops,shoe shine shops,restaurants,bars,etc.)since its construction in the 1870s, ni .1 Original Petition Page 25 of 38 E t ! 1 4J! Original Petition Page 26 of 38 q ;1 k11"rI! rrrr 7 Y'A tdLti E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT Short's have been subject to numerous harassing atte-npts at eviction and removal of one source CLAIM NO.2: RETAILIATION IN VIOLATION OF IOWA CIVIL RIGHTS ACT— IOWA CODE§226.11(2)(Counterclaim in Short's Civil Case) Of Perez's income and support for his family. (Perez v.MWO.Mitchell.Mote.the Trust) 154. Despite numerous requests for Defendants to articulate a legitimate, non- 158. Perez incorporates the factual allegations preceding and following as if fully set discriminatory,business reason for seeking to evict Short's while under Perez's management,but forth herein, not when under the management of Ouverson or the proposed operation by Kaeding, the 159. Perez incorporates the factual allegations contained in Exhibit 2(ICRC Complaint Defendants have never provided such a reason. #1 Amendment)as if fully set forth herein. 155. Any attempt at an explanation now,after being given more than five opportunities 160. Iowa Code§216.11(2)provides: to do so in the nine months prior to the filing of this Petition,would be post facto pretext to cover It shall be an unfair or discriminatory practice for...(2)Any person to discriminate or retaliate against another person in any ofthe rights for discrimination. protected against discrimination by this chapter because such person has lawfully opposed any practice forbidden by this chapter,obeys 156. The Defendants discriminated against Perez and his business on the basis of race in the provisions of this chapter,or has filed a complaint,testified or violation oflowa Code§216.7(1)(a)in public accommodations.This discrimination includes,but assisted in any proceeding under this chapter. is not limited to, seeking to deny Perez the ability somanage a public accommodation at the 161. Iowa Code § 216.15 requires any person "claiming to be aggrieved by a discriminatory or unfair practice"to file a complaint with the ICRC. Premises due to his race,discriminating on the basis of race in seeking eviction and removal of Perez and his business and denying the public access b the business because ofthe Hispanic race 162. Perez's filing of ICRC Complaint#1 on June 2,2023 constituted Perez opposing ofthe operator. the Defendants'practices forbidden by the ICRA. 163. Perez's filing of ICRC Complaint#1 on June 2,2023 constituted Perez obeying the 157. Perez and his businesses,including Shorts,have been damaged as a result of these provisions ofthe ICRA. unfair and discriminatory practices,including without limitation monetary damages(e.g,costs and expenses responding to eviction letters and litigation,and modifications to business operations), 164. Perez's filing of ICRC Complaint#1 on June 2,2023 constituted the filing of a complaint in a proceeding under the ICRA. damages to reputation,as well as physical and mental health impacts of these discriminatory acts including stress and physical ailments resulting therefrom. 165. On June 20,2023,MWO/Trust/Mitchell/Mote took adverse action against Perez by joining Perez individually as a third-party defendant in Short's Civil Action and asserting a claim for damages against Perez personally based solely upon Perez's June 3,2023 filing of ICRC Complaint#1 with the ICRC. f� t 166. The Defendants'adverse action against Perez was directly linked to,and wholly- JgFi1t 01 /ls 11 J 11WL Original Petition Page 27 of 38 g �1}��--�� Petition Page 28 of 38 L 3 '1 ZM lIEOL A E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT dependent upon,Perez filing ICRC Complaint#l. 30,2023. 167. The Defendants'act of suing Perez for his filing of ICRC Complaint#1 is an unfair 176. Short's filed ICRC Complaint#1 on June 2,2023. and discriminatory act in violation of Iowa Code§216,1 1(2). 177. MWO filed its counterclaim against Perez on June 20,2023. 168. This Claim No. 2 for retaliation is separate and independent of Claim No. 1. 178. Ten days later,on June 30,2023,the City notified Short's in writing to remove its Retaliation against Perez for filing ICRC Complaint#1 is prohibited even ifthe claims contained patio/deck for lack ofan extension. in ICRC Complaint #1 or Claim No. I of this Petition above are ultimately found invalid. 179. MWO's counsel was"cc'd"on the City's June 30,2023 letter, Retaliation by suing for filing a complaint under the ICRA is prohibited regardless ofthe ultimately 180. The Defendants, directly or through counsel, in retaliation for Perez's filing of determined merits ofthat complaint. ICRC Complaint#1 directly solicited the City to enforce the Sidewalk Cafd Ordinance against 169. Perez has been damaged(monetarily,mentally,and physically—as plead above) Short's and Perez,even though the City had taken no action on its own against Short's or Perez by the Defendants'retaliatory act of bringing suit against Perez for the mere filing of a complaint from February 1,2023 to June 30,2023. with the ICRC. 181. The Defendants' act of seeking City enforcement was an adverse action against CLAIM NO.3: RETAILIATION IN VIOLATION OF IOWA CIVIL RIGHTS ACT— Perez. IOWA CODE§226.11(2)(Confiscation of Short's Patio) (Perez v.MWO,Mitchell,Mote,the Trust) 182. The temporal proximity of events implies Defendants'seeking enforcement against 170. Perez incorporates the factual allegations preceding and following as if fully set Short's and Perez was linked to Perez filing ICRC Complaint#1. forth herein. 183. The Defendants' adverse action against Perez was directly linked to Perez filing 171. Perez incorporates the factual allegations contained in Exhibits 1.2&3 (ICRC ICRC Complaint#l. Complaint#1,ICRC Complaint#1 Amendment,ICRC Complaint#2)as if fully set forth herein. 184. The Defendants' retaliatory act against Perez and Short's for filing ICRC 172. Short's sidewalk cafd renewal agreement expired on January 31,2023. Complaint#1 is an unfair and discriminatory act in violation of Iowa Code§216.11(2). 173. The City knew Short's did not have an executed renewal agreement for the term of 185. This Claim No. 3 for retaliation is separate and independent of Claim No. 1. February 1,2023 to January 31,2024. Retaliation against Perez for filing ICRC Complaint#1 is prohibited even if the claims contained 174. Short's openly and notoriously operated its small deck/patio attached to the fagade in ICRC Complaint#1 or Claim No.1 above are ultimately found invalid.Retaliation by seeking of the Building from and after February 1,2023, the City's confiscation of Perez's and Short's property,where the City was not otherwise inclined 175. The City took no action to enforce against Short's from February 1,2023 to June to do so over five months,because Perez filed a complaint under the ICRA is prohibited regardless 01 Original Petition Page 29 of 38 U,-•fit -• r`- --1+ Original Petition Page 30 of 38 E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT of the ultimately determined merits of that complaint- CLAIM NO.5: AIDING&ABETTING RETALIATION IN VIOLATION OF IOWA CIVIL RIGHTS ACT—IOWA CODE§226.7 IOWA CITY CODE§2-3-8 186. Perez has been damaged(monetarily,mentally,and physically—as plead above) (Aiding&Abetting Retaliation Claim No.3) (Perez v.MWO,Trust,Mitchell,Mote&City) by the Defendants'retaliatory acts. CLAIM N0.4: AIDING&ABETTING IN VIOLATION OF IOWA CIVIL RIGHTS 194. Perez incorporates the factual allegations preceding and following as if fully set ACT—IOWA CODE§226.7(Aiding&Abetting Claims No.1-3) forth herein. (Perez v.S.Belle) 195. Perez incorporates the factual allegations contained in Exhibits 1,2&3(ICRC 187. Perez incorporates the factual allegations preceding and following as if fully set forth herein. Complaint#1,ICRC Complaint#1 Amendment,ICRC Complaint#2)as if fully set forth herein, 196. Perez's and Short's counsel advised the City in writing that their threatened 188. Perez incorporates the factual allegations contained in Exhibits 1,2&3(ICRC confiscation of Short's patio/deck was in furtherance of MWO/Trust/Mitchell's unlawful Complaint#],ICRC Complaint#1 Amendment,ICRC Complaint#2)as if fully set forth herein, retaliation against Perez for filing ICRC Complaint#1. 189. This Claim No.4 is conditional. 197. Perez's and Short's counsel advised the City in writing that if the City followed 190. To the extent S.Belle is not a person cavered by Iowa Code§216.7(1)(a)as plead through with confiscating Short's property with knowledge that the City was participating in a in Claim No, 1,or did not directly participate in the retaliatory acts of MWO,the Trust,Mitchell, violation of MWO/Trust/Mitchell's anti-retaliation obligations under Iowa Code § 216.11(2) or Mote alleged in Claims No.2 and 3,S.Belle,in violation of Iowa Code§216.]1,aided and would constitute the City's knowing and intentional aiding and abetting a violation of the Iowa abetted in the violations of Iowa Civil Rights Act as alleged in Claims No.1,2&3. Civil Rights Act under Iowa Code§216.11(1). 191. Iowa Code§216.11(1)provides: 198. By taking Perez's and Short's property(deck/fencing/chairs/tables/hardware/deck It shall be an unfair or discriminatory practice for:(1)Any person to intentionally aid, abet, compel, or coerce another person to floor)and disposing thereof aided and abetted MWO/Trust/Mitchell's retaliation against Perez for engage in any of the practice declared unfair or discriminatory by this chapter, filing ICRC Complaint#l. 192. S.Belle through her communications with MWO,Mitchell and Mote(including 199. In violation of Iowa Code§216.1 I(1),the City,MWO,Mitchell,and Mote each those specific instances alleged above)sought to intertionally motivate and aid,abet,and coerce knowing and intentionally aided and abetted the Trust's violation of Iowa Code§216.11(2). MWO,Mitchell,Mote and the Trust to commit the unfair and discriminatory practices plead in 200. In violation of Iowa City Code 2-3-8(A),the City,MWO,Mitchell,and Mote each Claims No.1,2&3. knowingly and intentionally aided and abetted violations of Iowa City Code§2-38(B)(C). 193. Perez and his businesses,including Short's,have been damaged as a result of these 201. Perez and his businesses,including Short's,have been damaged as a result ofthese unfair and discriminatory practices as plead above, unfair and discriminatory practices as plead above. '1'101jif _I�7 Original Petition Page 31 of 38 1,1 1�t Driginaf poilion Page 32 of 38 j ((�� J 77 j ` E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT CLAIM NO.6: CONVERSION—CIVIL CONSPIRACY TO COMMIT CONVERSION 210. The City took and disposed of Short's and Perez's properly comprising the (Perez&Short's v.MWO.Trust,Mitchell,Mote,S.Belle&City) deck/patio/fencing. 202. Perez and Short's incorporate the factual allegations preceding and following as if 211. The City exercised dominion and control over Perez and Short's chattels in a fully set forth herein. manner inconsistent with,and in derogation of,Perez and Short's possessor rights thereto. 203. On March 30, 2023, Short's presented to the City (i) Sidewalk Caf6 License 212. Perez and Short's were damaged by the City's dominion,control and disposition of Agreement renewal for the term of February 1,2023 to January 31,2024 executed by Short's as their property. Tenant and consented to by MWO by signature of Mote,with both Short's and Mote's/MWO's 213. MWO/Trust/Mitchell/Mote/S.Belle are vicariously liable forthe City's conversion signatures notarized and(ii)Short's payment of all fees required for the License. because they acted in concert with the City's wrongful conduct—civil conspiracy. 204. The documents and payments presented complied with the requirements of the 214. MWO, the Trust, Mitchell, Mote, S. Belle and the City had an agreement or Iowa City Sidewalk Cafe Ordinance and Policy, understanding to effect a wrong against or inflict injury upon(conversion of Short's and Perez's 205. The City had no discretion and was required to execute the License Agreement property)another. renewal, 215. MWO,the Trust,Mitchell,Mote,S.Belle and the City possessed mutual mental 206. The City and MWO's claim that the Trust's consent was verbally revoked after action and an intent to commit the act which resulted in injury. April 6,2023 is of no consequence.The consent was in writing,signed,and notarized as required 216. Perez and Short's were damaged by all Defendants' civil conspiracy to convert by the City.There is no provision in the City ordinances or policy for any revocation of consent, Short's and Perez's property. let alone verbal revocation with no writing or notarization required as is necessary for providing CLAIM NO.7: TAKINGS,DUE PROCESS&EQUAL PROTECTION—Iowa Constitution article I,sections 6,9&18 consent. (Perez&Short's v.City) 207. The City failed to comply with its legal obligation to issue the renewal License 217. Perez and Short's incorporate the factual allegations preceding and following as if Agreement after Short's satisfaction of all prerequisites on March 30,2023—more than a week fully set forth herein. prior to any alleged verbal revocation. 218. The City confiscated and disposed of Short's and Perez's property. 208. The City knew Short's was entitled to its patio/deck to be located in the public right- 219. As alleged in the factual recitations above and Claim No.6 above,Short's and Perez of-way, were legally entitled to possession and control of that property and entitled to have such property 209. The City knew the deck/patio was owned by Short's and Perez, ff ��y1 in the public right-of-way by compliance with the City's Sidewalk Cafe Ordinance and tender of Yet;.lj� i 1 rtFl�} Original Petition Page 33 of38 ,i�;,l�s i�� 7yJ.I y Original Petition Page 34 of 38 •i ."elf C.G � l�I i-1 7 _J E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT required fees. Perez's property. 220. Article I,section 6 of the Iowa Const tution provides"All laws general in nature 228. A complete lack of process prior to depriving Perez and Short's of property is by shall have a uniform operation;the general assembly shall not grant to any citizen,or class of definition a lack of due process prior to depriving Short's and Perez of property-The City thereby citizens,privileges or immunities which,upon the same terms shall equally belong to all citizens," violated of article I,section 9 of the Iowa Constitution when Short's and Perez's property was This provision requires"similarly situated persons be treated alike under the law." taken without due process. 221. Article I,section 6 of the Iowa Constitution"requires that laws treat all those who B. The City Violated the Takings Clause of the Iowa Constitution are similarly situated with respect to the purposes of the law alike."Varnum v.Brien,763 N.W.2d 229. Short's and Perez's property was taken for a public purpose- 862,883(Iowa 2009). 230. Short's and Perez received no compensation. 222. Article I,section 9 of the Iowa Constitution provides"[n]o person shall be deprived 231. The City violated Short's and Perez's rights against unlawful takings under article of life,liberty or property,without due process of law" I,section 18 of the Iowa Constitution. 223. Article I,section 18 of the Iowa Constitution provides"Private property shall not C. The City Violated the Equal Protection Clause of the Iowa Constitution be taken for public use without just compensation first being made,or secured to be made to the 232. The City has admitted it has never previously allowed a landlord to verbally revoke owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into written and notarized consent. consideration any advantage that may result to said owner on account of the improvement which 233. The City's own records obtained by Plaintiffs from the City through Open Records it has taken." Act requests indicate the City has provided numerous opportunities and time to Caucasian owned A. The City Violated Short's and Perez's Due Process Rights under the Iowa business to come into compliance with the Sidewalk Cafd Agreement. Constitution. 224. No citation was issued to Short's or Penz by the City for violation of the Sidewalk 234. The City's treatment of Perez and Short's with respect to the renewal of the Cafd Ordinance or Policy prior to confiscating the patio/deck. Sidewalk License Agreement was not equal to, and substantially diverged from, the City's 225. The normal course of the City's conduct is to provide sidewalk cafd license application of the same law and rules to other restaurant owners and operators. agreement parties an opportunity to appeal any adverse action for violations of the ordinance. 235. The City violated Short's and Perez's equal protection rights guaranteed by article I,section 6 of the Iowa Constitution 226. The City provided no notice or process-or appeal of the City's decision as the City has provided to others. D. Short's and Perez have been Damaged 236. Short's and Perez have been damaged by the City's taking of their property without 227. No process was provided to challenge the City's decision to take Short's and Vi ii�i 01 `,k#I o VI i Q 1 Original Petition Page 35 of 38 t Original Petition Page 36 of 38 I's :I Wd zz �VW Its E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2024 FEB 21 3:12 PM JOHNSON-CLERK OF DISTRICT COURT due process and without equal application of the law as provided to others.. Dated:February 21,2024 237. Short's and Perez are entitled to a declaration that the City unconstitutionally took ATTORNEY FOR PLAINTIFF property without due process or compensation and that Short's and Perez are entitled to the same /s/Shawn Shearer(AT0014824) time and treatment as afforded the City to others in their application for renewal and enforcement The Shearer Law Office,P.C. 108 Third Street,Suite 302 ofthe ordinance and rules when in violation. Des Moines,Iowa 50309-4758 Telephone(214)717-1828 REMEDIES AND REQUEST FOR RELIEF Email shawn@shearerlaw.pro WHEREFORE,Plaintiffs request that this Court enter judgment in Plaintiffs favor against all Defendants on all Claims,and provide the following relief: (i) Award Short's and Perez monetary damages in an amount to be proven at trial; (ii) Award compensatory and other monetary damages and compensation to which Plaintiff is entitled and due,the amount of which will be proven at trial; (iii) Punitive,special or other monetary damages to the extent legally available; (iv) Award all other monetary damages of any type to which Plaintiffs are entitled; (v) Award all monetary and non-monetary relief,including without limitation injunctive or other equitable relief,to which Plaintiffs are entitled,including without limitation all relief to which Perez is entitled under the Iowa Civil Rights Act; (vi) Reasonable attorney's fees,reasonable expert witness fees,and other costs to which the Plaintiffs are legally entitled; (vii) A declaratory judgment that Short's was legally entitled to the City's execution of the Sidewalk Cafd License Agreement renewal after satisfaction of all conditions precedent; (viii)A declaration that the City violated Short's and Perez's due process,equal protection,and takings rights under the Iowa Constitution; (ix) Injunctive and equitable relief the Court may deem necessary to prevent the City's further or future deprivation Plaintiffs'rights; (x) That Plaintiff be granted a trial by jury as to all issues in the Petition; and (xi) Such other and further relief,including equitable relief,to which the Plaintiff may be entitled and as the Court deems appropriate. W z Original Petition Page 37 of 38 r --= 1 J . 160.m. Page 38 of 38 Original PetitioPLED 2024 FEB 21 3:12 PM J2MR4-CLERK OF DISTRICT COURTPa e 1 of 26 F FILED 2024 FEB 21 3:12 PM Jp CLERK OF DISTRICT COURT g Original Petition E�i�1�- Page 2 of 26 IOWA CIVIL RIGHTS COMMISSION COMPLAINT FORM Rl Other: See Attached Letter from Shawn Shearer-Esq. 515-281-4121/800-457-4416/Fax:515-242-5840/https://icrc.iowa.gov (AGENCY USE ONLY) 3.Please indicate the BASIS(ES)or reasons for the discrimination. ICRC CP# Iowa Civil Rights Commission a.,Do you believe you were discriminated against because of your race(circle one)? Yes No Eca Local EO#mmtssion# _ 400 East 14"Street If yes,what is your race? Hispanic Des Moines,Iowa 50319-0201 (PLEASE TYPE OR?RIAITLEGI6LY) b.Do you believe you were discriminated against because of your slain color? Yes No _- -�- If yes,what is your skin color? c.Do you believe you were discriminated against because of your national origin? Yes No Your legal name:_HEVIN PEREZ If yes,what is your national origin? Mexican Ancestors Your preferred name:KEVIN PER EZ d.Do you believe you were discriminated against because of your sex? Yes No Your mailing address:c10 Shawn Shearer,The Shearer Law Office P C 108 Third Street Sui 302 If yes,what is your sex? City:DES MOINES St<te:IA Zip Code:50309 i e.Do you believe you were discriminated against because of your sexual orientation? Yes No Telephone#:L214)_717_182a EmaL address:shawnalsheaterlaWplo If yes,what is your sexual orientation?. Your date of birth: Your pronouns:_ HE / HIS / HIM £Do you believe you were discriminated against because of your gender identity? Yes No Have you previousl filed this complaint with any other federal,state,or local anti-disaimi nation If yes,what gender do you identify as? agency? Yes ❑R No If yes,what agency? When? g.Do you believe you were discriminated against because of a disability? Yes No If yes,what is your real or perceived disabifty? 1.Please indicate the AREA(S)in which the discri**++nation occurred. h.Do you believe you were discriminated against because of your religion or creed? Yes No❑Employment 0 Credit ❑Retaliation If yes,what is your religion or creed? ❑Education at Public Accommodation ❑Housing i.Do you believe you were discriminated against because of your pregnancy or pregnancy-related condition? Yes No 2.Please indicate the ACTIONS)that the organizaton took against you. j.If your complaint involves employment or credit,do you believe you were Employment C Unequal Pay discriminated against because of your age? Yes No ❑Demotion Public Accommodation If yes,do you believe you were discriminated because you are older or because you ❑Denied Accommodation ®Denied Accommodation are younger? ❑Denied Benefits ®Denied Service ❑Discipline k.If your complaint involves housing or credit,do you believe you were discriminated Housing❑Failure to Hire ❑Denied Accommodation or Modification against based on your familial status? Yes No ❑Failure to Promote ❑Eviction If yes,how many children live with you? ❑Failure to Recall ❑Failure to Rent 1.If your complaint involves credit,do you believe you were discriminated against ❑Failure to Train ❑Harassment based on your manta!status? Yes No ❑Forced to Quit/Retire ❑Harassment Education If yes,what is your marital status? ❑Layoff ❑Denied Accommodation m.Do you believe you were retaliated against because you reported discrimination to someone ❑Reduced Hours ❑Harassment within the organization,filed a complaint with the ICRC,or participated as a witness in an ❑Reduced Pay Credit t anti-discrimination agency proceeding? ❑Suspension ❑Denied Accommodation icRC 31s�:22022 R4 ❑Termination ❑Denied Financial Services/Credit ? t If yes,what did you report or complain about,and to whom? ❑Undesirable Assignment/Transfer 1 Ir,l •�-' tsq14d �� 1 � i Original Petitio�-FILED 2024 FEB 21 3:12 PM J2 ^RNI-CLERK OF DISTRICT COURT Page 3 of 26 Original Petltlo&r-FILED 2024 FEB 21 3:12 PM J%WAN-CLERK OF DISTRICT COURT Page 4 of 26 State what happened to you as a result of your report or complaint. —SECTION 4•BRIEF SUMMARY OF ALLECATIONS- please describe what happened to.you. State how cuu were discriminated against. w-lhat happened- When did it happen?Be sure to address each Action t uu checked on page one and each Basis you addressed on page two. Plena•tr.ul lle inilnrdron iI rel 1 r/ar oohing pier Gm•/Junlat rq•.: 4.What was the date(month/day/year)of the MOST RECENT discriminatory incident? (REQUIRED): S See attached letter from Shawn Shearer,Esq. 5.If Employment is the Area,what is your hire date or application date? I have reviewed the allegations and factual statements contained in Mr.Shearer's letter and 6.Are you still employed by the organization that discriminated against you? ❑Yes ❑No affirm those statements of fact as truthful and adopt them as my own. If no,when did your employment end? (month,day,year) If no,how did your employment end? ❑Terminated ❑Voluntary Quit ❑Forced to Quit/Retire --- --SECTION 3•RESPONDENT INFORMATION------- 7.What is the full legal name of the organization that discriminated against you? [This organization will be charged with discrimination and given a copy of your complaint.] Respondent information is containcd_Fr ached letter frotn 51tawn Shea[er,)Gam Address: City: County: State: Zip Code: Telephone#:( ) 8.If the organization listed in#7 has a parent organization or corporate office,list it here. ]This organization will also be charged with discrimination and given a copy of your complaint.] Address: City: State: Zip Code: Telephone#:( ) If more than two respondents,please list additional organization or individual respondents, including name,job title,and address,on an attached piece of paper.The additional organizations/individual respondents will also receive a copy of the complaint. 9.Provide the address of the location where the discrimination occurred: IS South Clinton Street,Iowa City,Iowa 52240 _ ]certify under I+en.tlrc of prgtnt and pursuant to the laces of the Stare of Iuwa and the laws of the 10.Were you placed by a temporary firm agency at the organization that discriminated against you? United s-is xriea that ilie preceding charge is rmc and correct. [If the answer is yes and you wish to file a complaint against the temporary staffing firm,you will 6 need to file aseparate complaint form naming that firm. _ _06/01/23_ ❑ Yes ❑No Si at tic of Cuntplain; L(REQUIRED) Date 11.If Employment is the Area,indicate approximate number of ALL employees(full-time and part-time)at ALL employer locations nationwide(REQUIRED): ❑4-14 ❑15-19 ❑20-100 ❑101-200 ❑201-S1V1'IE '� � �lr`fy� rV ud zz �z original Petitio�-FILED 2024 FEB 21 3:12 PM JMAN*-CLERK OF DISTRICT COURT Page 5 of 26 p -FILED 2024 FEB 21 3:12 PM J -CLERK OF DISTRICT COURT iris net neemayy tbatr u provide any addilinti;ll_,ylocumcntation at this time Be aware that any additional documentation provided wilh your complaint form will be sent out to all named parties along with this form An opportunity to provide additional documentation will be given at a later time if/when the IOWA CIVIL RIGHTS COMMISSION cornplttint is accepted by the ICRG IOWA CIVIL RIGHTS COMMISSION Authorization Release Form Contact Information I hrrche authorize;unune Ialsses;int;malic:d,education,dur,onne•I,utenun:,ele•du, or auv other Ili['lrm:u inu ncas<an liu•:t lull and comhlcle im caipiion,mediation,nr Note:This information will NOT be given out to anybody. conciliation ofm'complain)to furni>h such inlorm;uion to the Imva Civil Itivill:; It is for ICRC u3e only. Commis.inn:Ind:ut other anti-di,crinunalion agency. Your Name: KEVIN PEREZ I Iierebe rcle;uc a»tone so authUli7e[I,Ili Iowa Civil Rights Conuni,:ion,and t•an other:uui-di:e mivatinn agenct from;III liabiiitt•fnr;lm•dam;qes whalsoever in furni,hin and obraiuing Such Information. Contact Person Please provide the name and telephone number of a relative or friend who will always know where N anu: Kevin Perez you can be reached. Your"Contact Person"should be someone who does not live with you. C {' Name: Shawn Shearer _06/01l23_ Mailing Address: The Shearer Law Office,P.C.,108 Third Street Suite 302 City: Des Moines State: IOWA Zip Code: 50309 Telephone#:(home) 214 717-1828 (work) Same (cell) Same 13-mail: Shawn she rerlaw. ro ff'"1 +1�1 � �Ifyi } I 1 Original PetitloN-FILED 2024 FEB 21 3:12 PM JgkjV§PjN-CLERK OF DISTRICT COURT Page 7 of 26 original Petitio�-FILED 2024 FEB 21 3:12 PM J2kRQR4-CLERK OF DISTRICT COURT Page 6 of 26 THE SHEARER LAW OFFICE,P.C. 108 THIRD STREET,SUITE 302 \h411t\\11 01 1,1.1 IN Pl.ltb DES MOINES,IOWA 50309 , (214)717-1828 SHAWN@SHEARERLAW.PRO Cmunn ,.I i„lin+,n June 1,2023 elri: ill, the unJcl,Wnc,1 n,l,ut ,vl Ihl, d:n l rI• ma It algn.u,,I Itruit I'rtr:• Ihr Iowa Civil Rights Commission .illLi nl \11:1 I aJnlinialcl:d Iln n.nh dn,l,nn(u uk•d hh•u111t,•tllidnl I,-dlllcd d•.I„ ntt 400 East 14th Street I \I,moor r.Lrt ut Pcn•; I nett a.nlc ill h,hn.ol I'ollim,Imw land m cI the n1-e Des Moines,Iowa 50319-0201 of ri,:hlc;n 1.1111 lulh r:ljmhlc and rnntl,etrnl to nslhr lilt, \Iiid,o u. Re: Iowa Civil Rights Act—Complaint I mal„•Ilti•, \I IiJ.lt it ill,uP1aa1 nl Im hm,t t'I\it 161!111,I bnuni:-•.Inn 1•.1111 lain) Complainant:Kevin Perez .laled lure I._`11,;(tile t nnq'Llill 1 to tthlch 1111.•\Ilid,ttit i•..Iudrhed" I h,lt c tct tettcd the lelto JatrJ hnlr 1" 111't.Iuan I ill•shcan•I I;rtt 111 fice.1'1 Dear Iowa Civil Rights Commission: In I r II I ul,u1•I,oII,II IIIt 1'onq,lanu. Io Ihr I+c,l ul nn LmmlcJl:r uud Irrullrcli,nt,u1101 Ihr 1.I,u .I ..uCntenl.,,,t11,11n„I In 111,11 lcnel.ttr ittle and 001lr,a. I represent Kevin Perez.This letter is accompanying Mr.Perez's completed Iowa Civil •1 1 he 1.1:nl.d,t.ucnlent.nt dn, \liidat it ltl,•tt idnn np posoll:d tinntt Iulli�,• I k-16% Rights Commission Complaint Form alleging denial of public accommodation and service dc, I under the 1,;11,11%of 1,e i lu1 Iha1 the I'acI11.1 a1:11cntcnl>coIIluincd in dti,:\Ilidm 0:11 hnc pursuant to Iowa Code§216.7 and the basis of Mr.Perez s race and national origin.Set forth below are the statement of facts underlying Mr.Perez's Complaint.The Complainant and Respondent Information are as follows: Complainant: Kevin Perez c/o The Shearer Law Office,P.C. io8 3rd Street,Suite 302 P i Des Moines,IA 50309 Saoeu St,asl.l sul+s:rll>I[.f Krlinta ntc h) I�rt in I'cl ri nn.lone �`'�..'.II'a. Respondents: MidWestOne Bank Sarah Wallace Belle, SAMSCHRORILOEN 102 S.Clinton Street 15 Woodland Mounds Rd. ,� + :y:"��r Cmmids5lon Nuntlwr 029410 Iowa City,Iowa 52244 Iowa City,Iowa 52245 EJWI O i.r-"" e � OMISSION OCS �,n�Ly'1'u bii. �fnJ Gn tile State of Intsa '1�I —— ;"� Dennis Mitchell,Vice President Haywood B.Belle Family Trust MidWestOne Bank c/o MidWestOne Bank,Trustee 102 S.Clinton Street 102 S.Clinton Street Iowa City,Iowa 52244 Iowa City,Iowa 52244 Kevin Mote,Trust Officer Pugh Hagan Prahm PLC2 MidWestOne Bank 425 E.Oakdale Blvd.,Suite 201 102 S.Clinton Street Coralville,IA 52242 Iowa City,Iowa 52244 I Complainant has also seen documents with the spelling"Sara." z The Complaint against Pugh Hagan Prahm PLC includes a complaint against Siohhan Briley,a partner at the firmwho has communicated with Complainants counsel on hetuylfof both MidWestone and Sarah Belle. x , I� ftQn�3SYFEB 21 3:12 PM JgM f ly-CLERK OF Dt5TRICT COURT Page s olZ6 y+� �MfFEB 21 3:12 PM J CLERK OF DISTRICT COURT e,DnID, -Kevin Perez Campininnnt Cbmpneini Complainant Page 16 of 26 Junei,2023 Paget Junei,2023 Page 3 OVERVIEW OF COMPLAINT Since 20o8,Short's has been a perfect tenant.Rent has always been paid.No notices of default had ever been issued to Short's from 2008 to 2022.During this period Ouverton This Letter is attached to Mr.Perez's Iowa Civil Rights Complaint Form and is supported was responsible for interactions with the landlord.However,almost immediately after the by the Affidavit of Mr.Perez and the Exhibits attached hereto(an Exhibit table of contents owners changed responsibility from a white man(Ouverton)to a Hispanic man(Perez) follows the signature page of this Letter). the Trust, MWO, and Belle commenced an all-out assault in an attempt to remove a This Complaint arises out of the treatment of Mr.Perez and his business,Short's Burger Hispanic run business from the premises. and Shine["Shorts"),a restaurant and bar located in a prime location on Clinton Avenue 'The actions of the Respondents constitute "unfair or discriminatory practices of an directly across the street from the Pentacrest at the University of Iowa in Iowa City. owner" of the Premises (a public accommodation) refusing and denying Mr. Perez, because of his race and national origin(directly or through assumptions made as to such Short's leases the property from Respondent Haywood B.Belle Family Trust("Trust"), status),accommodations,advantages,facilities,services,and privileges in violation of Respondent MidWestOne Bank("JM") acts 3s the trustee of the Trust ("Trustee'). Iowa Code 216.7(1)(a).The temporal proximity between the Change of management From Respondents Dennis Mitchell("Mitchell")and I-,vin Mote("Mote")are officers of MWO Ouverton to Perez and the Respondents continuous and escalating offensive waged and Trustee and have been the primary contacts of Perez and Short's with MWO. against Short's and Perez tbat has Iasted more than a year raises more than an eyebrow. Respondent Sarah Wallace Belle CHOW')is the sole beneficiary of the Trust,and upon The fact that Short's had never had issues with the landlord prior to the management information and belief makes demands,directs,End influences the actions of the Trustee. change,and the fact that rent had always been paid,and timely,with no notices of default Respondent Pugh Hagan Prahm PLC("Pugh")sarve as counsel to both MWO and Belle at any time from 20o8 to 2022,raises the other eyebrow when multiple lawsuits were and are agents of MWO and Belle.Respondent Siobhan Briley(" rite ")is a partner at filed against a paying tenant immediately after Mr.Perez took over the reins.Short's pays Pugh and has acted to implement the decisions,policies and has advised as to those some of the highest per square foot rental rates in Iowa City, actions of MWO and Belle in connection with the facts within this Complaint. Pugh and Briley have been knowingly and di rect ly invo lved in advising regarding and implementing What landlord removes a tenant of 14+years that has always paid rent at the upper level the discriminatory conduct for which Mr.Perez complains as outlined herein. of the local market's rental rates? None Mr.Perez's grandfather was born in Mexico and was a teenager when he immigrated to After considering all of the possibilities,there is absolutely no reason for the relationship the United States in the late 1920s.Mr.Perez is Hispanic in race and his surname is clearly between a tenant paying all of its rent and complying with the lease for 14 years to Hispanic in origin. suddenly turn sour within weeks of when Mr.Perez(Hispanic)assumed responsibility from Mr.0uverton(Caucasian)other than the Respondents do not want to do business In March 2022,Mr.Perez and his co-owners of Short's changed managerial responsibility with a company being run and managed by a Hispanic or a person with a Hispanic name for Shorts. This change resulted in Mr. Perez becoming primarily responsible for (Perez).There is no possible good-faith,non-discriminatory reason for a landlord to seek overseeing,from the owners'standpoint,the op:rations of Short's. Before the change, eviction of a paying and compliant tenant from the Premises three times in less than a Dan Ouverton (" v n"), a Caucasian male, performed these responsibilities.The year.The only answer is race and national origin discrimination against Mr.Perez by the owner responsible for Short's is the primary contact for any issues between the Landlord Respondents. (being the Trust,the Trustee(MWO), and emp:oyees and officers of the Trustee(e.g. Mitchell and Mote). Therefore,Mr.Perez,files this Complaint with the Iowa Civil Rights Commission("ICRC") alleging the Respondents have engaged in prohibited unfair and discriminatory conduct immediately after the change of responsibility frcm Ouverton to Perez,the Respondents, against him in violation of Iowa Code§216.7. as a group,began systematic and consistent mist-eatment of Mr.Perez and Short's.This included the filing of two eviction actions and a separate civil case for damages, all subsequently dismissed voluntarily as baseless. This harassment has also included revoking consent previously provided for Sho_'s to obtain a license to operate a patio/side-walk cafe and most recently a third unjustified eviction action. VA THE SHEARER LAW OFFICE,P.C. ),3L�_j { = THE SHEARER LAW OFFICE,P.C. �} 1� rACR t1FEB 21 3:12 PM J2MWPP-CLERK OF DISTRICT COURT Pap 71 or26 11p��CtnFAR4iFEB 21 3:12 P44 J2WA�I-CLERK OF DISTRICT COURT P.,12*126 L'omplrint— eAnPerexComplainanl Camplaini—KcvinPcrrzCompininaEtil June 1,2023 Page 4 June 1,2023 Page S FACTS AND ARGUMENTS III. SHORT'S BURGER AND SHINE,LLC—2oo8 TO 2017 I. COMPLAINANT—KEVIN PEREZ Immediately prior to 2oo8,Dan Ouverton("Ouverton")was operating a restaurant/bar at 18 S.Clinton Avenue known as"Baldies." Complainant,Kevin Perez,is a 56-year old Hispanic male of Mexican descent.Mr.Perez's grandfather immigrated to the United States in the late 1920S. Mr.Perez graduated from In 2008,Perez,Ouverton,and Nate Kaeding(former University of Iowa and NFL place- West Des Moines Valley High School in 1985.Mr.Perez attended the University of Iowa kicker)formed Short's Burger&Shine,LLC("Short's").4 Ouverton closed Baldies and graduating in 19go.After spending several years in New York,Mr.Perez and his wife Lisa Short's assumed Baldies lease of the Premises.Short's opened a hamburger and chicken Perez, returned to Iowa City. Mr. Perez has owned and operated retail business and sandwich restaurant and bar at the Premises in 20o8. The decor at the restaurant was restaurants in and around Iowa City since 1993. loaned to Short's by the family of H.D. Shorts and included old black and white photographs of the Premises while operated by H.D.Shorts when it was a shoe shine shop II. THE PREMISES—18 S.CLINTON STREET,IOWA CITY IOWA and the old shoe shine stand used by H.D.Shorts. This case revolves around a restaurant located at 18 S.Clinton Street in Iowa City(the In 2011,the Baldies lease expired and Short's entered into a new lease agreement for the "Premises"). The building is comprised of two retail spaces. The lower space (i8 S. premises.The Lease was between H.D.Shorts and Sons,an Iowa general partnership as Clinton)includes the ground floor and a basement for supplies and office operations.The landlord and Short's,Perez,Ouverton and Kaeding as tenants.5 The lease was renewed upper level(18 1/2 S.Clinton is an additional retail/restaurant space separated and with for additional three year terms in 2014,2017,and 2020. separate entrance than 18 S.Clinton.The building is located directly across Clinton Street from the University of Iowa Pentacrest and yards away from the Clinton Street entrance From the time Short's opened until the passing of Haywood Belle in 2016, Short's to the Iowa City downtown pedestrian mall. There is heavy foot traffic in the area interacted nearly exclusively with Haywood Belle regarding any issues with the building (students and faculty)as well as heavy traffic during athletic events during the year. and the lease.Mr.Belle was an attentive landlord taking care of any maintenance or other issues that arose.No issues arose as to failed maintenance on the landlord's part or as to The 18 S.Clinton building was built between igio and 1920.H.D.Short opened a shoe Short's performance and payment of the Lease while Mr.Belle was landlord. shine business in the building in 192o and operated in that location for nearly 50 years. Eventually, the building was acquired by H.D. Shorts. Over his lifetime, Mr. Shorts Upon Mr.Belle's passing in 2o16,ownership of the Premises transferred to the Trust in developed significant other real estate holdings in and around the Iowa City area.These 2017,and MWO became the primary point of contact as the trustee of the Trust owning real estate holdings were within an entity H.D.Shorts&Sons,a general partnership. the Premises. Haywood Belle was the last of the partners within H.D.Shorts and Sons.Upon Haywood IV. PEREZ&OUVERTON'S OPERATIONS Belle's passing in 2016,Mr.Belle's estate distributed the assets of H.D.Shorts&Sons. Respondent MidWestOne served as executor of Mr.Belle's estate.In December 2017,title Mr. Perez and Mr. Ouverton are co-owners of five different restaurants/bars in and and ownership of 18 and 181/2 S.Clinton was to MidWestOne Bank to hold in trust under around Iowa City. Each of these locations operates using separate entities and may have the Haywood B.Belle Family Trust.Complainant believes that the sole beneficiary of the different ownership structures.For purposes of efficiency,Mr.Perez and Mr.Ouverton Haywood B.Belle Family Trust is Respondent Sarah Wallace Belle,3 the widow Mr.Belle. divided primary responsibility for these enterprises among themselves for purposes of owner's supervision of the operations.This division did not mean that both were not 4 The name"Short's Burger&Shine"is a trademark and tradename registered with the State of Iowa with Short's Burger and Shine,LLC as its owner. 5 Kaeding desired to move on to other ventures. Ouverton and Perez purchased Kaeding's interest from him in 2014 and the two are now the only owners of Short's.The Lease was amended to remove Kaeding as 3 Complainant has seen some documents listing"Sarah"spelled as"Sara".Complainant believes"Sarah" a tenant. is the proper spelling. " THE SHEARER LAW OFFICE,P.C. ul .i t L"{F i j THE SHEARER LAW OFFICE,P.C. �;.� .1 u 4 A i1Z I { ]jSRIb[ifs13ODR&FER 21 3:12 PIN J2� !-CLERK OF DISTRICT COURT Page 43 a128 FE8 21 3:12 PM J CLERK OF DISTRICT COURT L aint—Kevin Perez L'0m tainanl �9 ,,{{��1�� _ Page 18 of 26 I P L'amplain[—Kevin Perez Camptn inapt June 1,2023 Page 6 June i,2023 Page 7 supervising and managing all of the operations, it was simply an internal division of from Ouverton(a Caucasian white male)to Perez(a Hispanic male)that the troubles primary responsibility. began. Mr.Ouverton was the primary ownership contact for Short's at the Premises from 2oo8 In March and April 2022,Mr.Perez,now the face of Short's with MWO and the Landlord, to early 2022.In March 2022,the Ouverton and?erez decided to reallocate responsibility continued making the same complaints as previously made by Ouverton advising for overseeing their various enterprises and Mr.Perez became the primary contact for MWO/Landlord of the dilapidated condition of the Premises,the collapsing walls,the Short's operations at the Premises. basement filling with water, etc. In April 2022,Mr. Perez decided that the restaurant could no longer be operated safely in these conditions. Mr. Perez announced Short's V. SHORT'S AND THE PREMISES 2o18 TO 2o2i temporary closure by placing a sign on the front door.The local newspapers reported Short's closure,including the reasons why the restaurant was closing.The City of Iowa The building,located 18&18 1/2 S.Clinton,is more than a century old.After MWO and City came to inspect the property and determined that there was a serious safety risk the Trust took ownership of the Premises in 2017,the structure began showing its age. because the back wall was collapsing and if it collapsed it could severe the natural gas line From late 2018 through the end of 2021 Short's (both Ouverton and Perez,as well as entering the building through the back.The City of Iowa City ordered the natural gas Short's manager) repeatedly advised MWO, as trustee of the Landlord, of the supply to the Premises cut in April 2022 until repairs were made by the owner—MWO deteriorating conditions.The roof was leaking, the back exterior wall was collapsing, and the Trust. cracks were forming in the basement,water was Seeping into the basement,the basement would flood,floods damaged the hot water heater,etc.MWO and the Landlord failed to Despite temporarily closing in April 2022 due to the Landlord's failure to maintain the take action to repair these defects(all of which w=re responsibility of the Landlord under building,Short's nevertheless paid the rent due for May 2022. the terms of the Lease). While Short's was closed,awaiting the Landlord to address the structural collapse of the The restaurant/bar operating upstairs in 18 1/2 S_Clinton was having similar issues since walls and natural gas safety issues,Short's embarked on investing more than$30,000 in before 2018,including the roof leaking and plumbing issues.The upstairs tenant closed stripping the interior, deep cleaning, replacing light fixtures, reupholstering booths, during COVID and still has not opened,although it appears renovations have been done installing new kitchen equipment,painting,etc.Mr.Perez oversaw this remodeling effort. and the operator will be reopening soon in 2023.That being said,there were no active operations in 18 1/2 S.Clinton from 2020 to present. A. First Unlawful Attempt to Evict Short's — False Claim of Abandonment Short's operations were impacted during COVID (2020-2021). However, Short's continued take-out and resumed operations when permitted.Short's paid its rent timely On May 10, 2022,MWO (with the consent,support, and urging of Respondent Belle) and in full throughout the pandemic(2020-2021). emailed Short's a"Notice of Default"(dated May 4,2022)stating that Short's"failure to engage in its usual and customary business activities at the premises for more than fifteen Short's has always paid its rent.Neither Haywood Belle nor MWO ever issued a notice of (15)days"constituted abandonment and a breach of the lease.In contrast,as of May io, default or other notice related to the lease the entire period from 2oo8 to the end of 2021. 2022,the tenant upstairs in 18 1/2 S.Clinton(a non-Hispanic operator)had been closed The only issue arising after the passing of Haywood Belle was MWO's slow,and lack of, and not operational for more than a year,but no action had been threatened against response to the growing issues concerning the structure of the building,walls collapsing, them.6 flooding,etc. Further, at the time of demanding Short's reopen, MWO knew that reopening the VI. UNLAWFUL DISCRIMINATION BEGINS IN 2022 AND CONTINUES operation was an impossibility because the natural gas supply had been cut-off by order THROUGH TODAY of the City of Iowa City.It is impossible for a restaurant to run a kitchen without a natural gas supply—simply impossible.MWO's demands were pretext. As described above, in early 2022 Ouverton and Perez decided to reallocate responsibilities for overseeing the various enterprises. Mr. Perez assumed primary 'The forms of the leases used by the Landlord are the standard Iowa State bar Association form leases and responsibility for Short's in March 2022.It was only when the"face"of Short's changed the terms of Short's Lease and the upstairs(18 1/2 S.Clinton)with respect to"abandonment"are functionally },{ t3he same,if not identical. THE SHEARER LAW OFFICE,P.C. vlrtT 1J�_` I`� 4,f1�`C,I L { j `{` r THE SHEARER LAW OFFICE,P.C. �� �60ni?9FA1FE6 21 3:12 PM d �7-CLERK OF 0157RIC7 COURT Pays 16 a1 R8 4,�1'1��f 9i118 W 6121 3:12 PM J%JW-CLERK OF DISTRICT COURT P,9Q 1s or zs ntp Fi nt- evin P't CtI)lainant mpfnmt-Keen Pcmx Canlpininsnt June 1,2023 Page 8 Jane 3,2023 Pate this family property was removed from the walls and placed into safekeeping so as not to Short's replied to these MWO's demands in writing on May 19,2022 stating that Short's be damaged or harmed during the renovations.Respondent Belle was furious that the was in the process of remodeling and updating the space while the Landlord addressed property had been removed by Mr. Perez and demanded the return of all that family the structural issues and that the remodeling work was anticipated to be completed in two memorabilia.Short's delivered everything to Ms. Belle.Although,Ms. Belle was quite to four months at which time Short's would re-open. demanding that Mr. Perez return these objects (merely moved to a safe location for renovations)as if she did not trust them to be in the hands of a Mexican/Hispanic. On May 24,2022,MWO(with the consent,support, and urging of Respondent Belle) delivered a"Notice of Termination of Tenancy"to Short's.This Notice of Termination The structural issues with the building were corrected and the renovations were stated that(i)because of Short's temporary closure,Short's had"abandoned"the Lease, completed in July 2022. Short's reopened in mid-August 2022 and remains open through (ii)this abandonment constituted an event of default entitling the Landlord to terminate today.To replace the former Short's decor,Mr.Perez placed other photographs and art the Lease;(iii)the Lease would terminate on June 30,2022 and(iv)Short's must vacate around the restaurant,more Hispanic in nature and cultural reflection. before such date. The court heard testimony and took evidence in Eviction Case #i for a partial day in Short's timely paid its rent for June 2022 and continued with its renovations and September and another partial day in December 2022. A third day of testimony was remodeling.Short's's counsel was in contact with counsel for MWO to discuss the Notice scheduled for January 3,2023,but that third hearing was rescheduled to March 9,2023 of Termination.Short's did not vacate by June 30,2022. to commence at 9:oo a.m. Short's remained in operations its August 2022 re-opening through March 9,2023,however the MWO would not accept Short's payment of rent On July 5,2022,Short's delivered MWO a check for payment of July 2022 rent.MWO because MWO was alleging the Lease terminated due to abandonment on June 30,2022. did not accept the July 2022 rent payment stating the lease had terminated June 30,2022 and returned the check to Short's. On March 9, 2023, at 8:o6 a.m., 54 minutes before the third day of evidence and testimony was to start, MWO filed a document entitled "DISMISSAL WITH On July 7,2022,MWO sent a"3-Day Notice to Quit"letter to Short's stating MWO would PREJUDICE."The legal effect of this filing was(i)dismissal of Eviction Case#i and(ii) commence an eviction proceeding if the Premises was not vacated.Short's did not vacate an admission that the Premises had not been abandoned and(iii)an admission that the and was nearing completion of its renovations. The Landlord still had not completed the MWO,the Trust and Landlord had no basis for bringing the eviction action. work required to fix the back wall so that it could be inspected and the natural gas supply restored. Short's, and its owners, spent tens of thousands of dollars defending this case to a successful conclusion with MWO and the Trust admitting they were wrong. On July 15,2022,MWO, as trustee of the Trust/Landlord, filed a Forcible Entry and Detainer Petition in Johnson County,Iowa pursuant to which MWO sought to remove However,this is not the end of the story.Another abuse of process against Short's and Short's from the premises because the Lease had been terminated as of June 30,2022 Mr.Perez had begun a few months earlier in January 2023. and Short's"failure to vacate after termination of tenancy." (Johnson County Case No. SCSC102261)("Eviction Case#i").Mr.Perez was named as a defendant in Eviction Case B. Second Unlawful Attempt to Evict Short's—False Claim of Unpaid #1. Rent Short's vigorously defended against this wrongful lawsuit.Short's had not"abandoned" On early January 2023,MWO delivered Short's a 10-day Notice of Default stating Short's the premises.During renovations,the Respondents on several occasions came-by and had failed to pay rent for July 2022 through January 2023.Of course,during this entire observed the renovation work being performed.Respondent Belle stopped by and yelled period,(i)MWO was refusing to accept rent payments,(ii)MWO was claiming that the at the workers at the Premises demanding the work stop because Short's was being Lease had terminated on June 30,2022,and(iii)MWO was pursuing Eviction Case#1 thrown-out. asserting Short's had abandoned the Premises.It is difficult to understand how a new case could be filed under these circumstances. Short's had borrowed photographs from the Haywood Belle/H.D.Short's family including old photographs of the building and H.D.Short's shoe shine chair.During renovations, THE SHEARER LAW OFFICE,P.C. f._ A 11 D THE SHEARER LAW OFFICE,P.C. V �z UV W �1Z,I mpli }i AtFES 21 3:12 PM.1�t1-CLERIC OF DISTRICT COURT Pa 17or28 1v��d&Ef Q9ftFES 21 3A2 PIA J CLERIC OF DISTRICT COURT �on'ipFaint-Kevin Perez Complainant �aint-Kevin Peres Complainant P4"18 Of 26 June t,2023 Page 10 June 1,2023 Page I 1 On Wednesday,January 18,2023,the third-day of hearings in Eviction Case#i,was re- a.m.MWO emailed Short's a letter stating that the existing term of the Lease was set to set by the Court for March 9,2023. expire on April 30,2023 and Short's had failed to provide written renewal of the Lease prior to January 30,2023 and therefore the Lease would expire on April 30,2023 and On Monday,January 23,2023,MWO,as trustee of the Trust/Landlord,filed a second Short's must vacate before that date.8 Forcible Entry and Detainer Petition in Johnson County,Iowa pursuant to which MWO sought to remove Short's from the premises beeause the Short's had failed to pay rent for On Friday March 10,2023,Short's mailed a letter to MWO stating that all of renovations the period of July i,2o22 to January 30,2023 and the Lease was therefore terminated and capital expenditures during the renovation and remodel would not have been made and the Landlord entitled to possession. (Johnson County Case No. SCSC103519 in June,July and August 2022 if Short's did not intend to renew the Lease for another [Eviction Case#2").Mr.Perez was named as a defendant in Eviction Case#2. three years(May 1,2023 to April 30,2026).Short's also indicated that it would not have expended all of the funds to defend Eviction Case#i,Eviction Case#2,and the Civil Case, On Friday,January 27,2023,MWO,as trustee of the Trust/Landlord,filed a civil case in and set the third day of hearings for March 9,2023 if it had not intended to extend the Johnson County District Court(Johnson County Case No. LACVo84o88)claiming(i) Lease for another three years.Short's also asserted that its writings in Eviction Case#1 breach of contract and seeking damages for fail ire to pay rent for the period of July i. claiming it had not abandoned the Premises and its continuation of operations despite 2022 to January 30,2023 and(ii)seeking an order allowing MWO to confiscate Short's Landlord's protests all constituted writing sufficient to exercise the renewal option. property to pay the debt("Civil Case") Short's also relied upon Iowa Supreme Court decisions providing for the inability of MWO to enforce the renewal option cut-of date of January 30,2023 because at that time MWO Short's filed a Motion to Dismiss Eviction Case#2 because MWO was claiming the Lease was, now by its own admission, wrongfully pursuing the claim that the Lease had terminated on June 30, 2022 in Eviction Case #1 and was now claiming rent was due terminated seven months earlier on June 30,2022 due to abandonment. under the Lease from July 1,2022 to January 30,2023.Short's answered the Civil Case making the same arguments. On Monday,March 13,2023,Mr. Perez hand-delivered a copy of the March 10,2023 letter reaffirming renewal,together with a check for payment of all rent from July 1,2022 On February 20,2023,the Court ordered that E-iction Case#2 be heard March 9,2023 to March 30,2023(a total of nearly$30,000)to MWO.Mr.Mitchell/MWO accepted in the same hearing at which day-three of eviden2e was to be taken in Eviction Case#1. these documents and MWO cashed the rent cheek.No claims could be made that Short's had failed to pay its rent. At 8:o8 a.m. on March 9, 2023, minutes after dismissing Eviction Case #1 (claiming abandonment)WITH PREJUDICE,MWO dismissed Eviction Case#2(alleging failure to On March 15, 2022,MWO delivered a letter to Short's stating that(i)the March loth pay rent)WITHOUT PREJUDICE.? reaffirmation of renewal was ineffective,(ii)Short's must vacate by April 30,2023,and Eviction Case#2 and the Civil Case were without basis because MWO,as trustee of the (iii)a third eviction action would be commenced if Short's did not vacate by that date. Landlord,refused to accept rental payments,but nevertheless felt it possible to assert rent On March 22,2023,Short's filed its own suit against MWO and the Landlord(Johnson was due under the Lease(i.e.the Lease was in effect)at the sametime MWO was asserting County Case No.LACV084204)Vffiwrt's Civil Case")In this case,Short's alleged that the Lease had terminated June 30,2022.The without prejudice dismissals left MWO with MWO,the Trust, the Landlord,and employees of MWO had,among other things, (i) the opportunity to re-file those cases if rent was rot paid. abused the legal process through Eviction Case#1,Eviction Case#2 and the Civil Case (all voluntarily dismissed - only done so after January 30, 2022), (ii) maliciously C. Third Unlawful Attemut to Evict Short's - Renewal of the Lease,• prosecuted Shorts. In the Short's Civil Case, Short's is also seeking a declaratory Cure of Rent:Short's Initiates Litigation,•Third Eviction Case Filed judgment that the Lease had been timely renewed for another three-years. On Thursday,March 9,2o23,after dismissing Eviction Case#1(claiming abandonment) and Eviction Case#2(claiming failure to pay rent)at approximately 8:oo a.m.,at 9:21 e This position is without any validity.On January 30,2023,the date before which notice of renewal was required,MWO was maintaining in both Eviction Case#1 and Eviction Case#2 that the Lease had 7 On March 15,2023,MWO also filed to dismiss the Civil action WITHOUT prejudice. This request was terminated June 30,2022 or in January 2023,respectively.Ifthe Lease was terminated,there was no Lease granted on April 6,2023. for Short's to renew. �13�1?rj 'A1{ J �i`saf}t !jS[ iillll) . ,l31yf 1 t't� THE SHEARER LAW OFFICE,P.C. /�11 j THE SHEARER LAW OFFICE,P.C. fs :� �� ZZNVWb1ol �Y 1 F 1lf 'PE8 21 3:12 PM J� pN-CLERK OF 01STRICT COURT Page is of 28 f��IhiFARAtFEB 21312 PM NWAP V-CLERK OF DISTRICT COURT Page 20 of 26 Coml'iain+-Kevin Pcrrx Complainant mp a+nt-M6n Perna.Complainant June i,2023 Page 12 June s,2023 Page t 3 The first week of April 2023,Short's paid the rent due for April 1,2023 to April 30,2023. rent payment (including through COVID) has never been an issue. Something else is motivating the decision to reject rent made by MWO(a bank)and the Landlord(two types On May 1,2023,MWO(with the consent,support,and urging of Respondent Belle)sent of entities generally not known for refusing money and payment). a "3-Day Notice to Quit" letter stating that (i) Short's was still in possession of the Premises,(ii)the Lease had terminated April 30,2023,and(iii)a third eviction action E. Interference with Patio Dining Permit would be filed if Short's did not immediately vacate. The City of Iowa City requires an annual permit for any restaurants seeking to provide On May 8,2023,MWO(with the consent,support,and urging of Respondent Belle),as outdoor patio seating in the public right-of-way(e.g.sidewalk or pedestrian mall areas). trustee of the Trust/Landlord,filed the third Forcible Entry and Detainer Petition in Since 2008,Short's has obtained a license/permit for patio service every year. Johnson County, Iowa pursuant to which MWO sought to remove Short's from the Premises for"failure to vacate after expiration and termination of tenancy" (Johnson The patio service area is an important part of Short's business during the spring and County Case No.SCSC103509)("Eviction Case#�").Mr.Perez was named as a defendant summer while the students are finishing classes and then returning to school.The patio in Eviction Case#3. being filled with patrons brings-in additional street traffic business. D.Short's Continues to Make Rent Payments and Operate On March 30,2023,a week after the Short's Civil Case was filed(seeking a declaration that the Lease had been properly renewed for a term of May 1,2023 to April 30,2026), Despite all of MWO's threats,Short's has continued to operate and pay rent for May and Short's General Manager and Respondent Mote both signed(and both signatures were June 2023. notarized)a form 2023 Renewal of License for Short's to operate its patio.Respondent Mote's signature was a"consent"of Landlord to Short's entering the renewal of the permit On April 26,2023,Short's delivered a check for payment of May 2023 rent in person to with the City of Iowa City.The signed document was delivered to the City of Iowa City and MWO's main branch in Iowa City where Respondents Mitchell and Mote maintain their Short's wrote checks to the City in the amount of nearly$1,700 for the annual permit. offices.The amount of the check was 105%of the previous rent to reflect the additional amounts due for the renewal term of May 1,2023 to April 30,2026.MWO accepted this The City advised Short's on April 24,2023 that the City had learned that the Landlord did check,endorsed it,processed through the Federal Reserve System,and removed money not consent to the patio permit(despite having Respondent Mote's notarized signature to from Short's account.Counsel for MWO wrote on April 27, 2023 (after the check had the contrary)and returned the payment checks to Short's. already cleared and been deposited in the Landlord's account)that the Landlord was not accepting payment of May rent because the Lease was to terminate on April 30,2023. Short's again resubmitted the signed and notarized documents and new payment by check,and again on May 2,2023,the City rejected the permit application and returned On Thursday,May 25,2023,Short's delivered a check for payment of June 2023 rent to the payment check to Short's. the MWO's main branch in Iowa City where Respondents Mitchell and Mote maintain their offices.The MWO main branch refused to accept the payment. What is interesting about this exchange is that all the necessary documents were signed, notarized,and delivered to the City.There was no reason for the City to know anything On Saturday,May 27,2023,Short's delivered the June 2023 rent payment check to a about the ongoing dispute in April and May 2023 UNLESS MWO or the Landlord took different branch of MWO and the check was accepted. On May 30, 2023 counsel for specific action to contact the City to retract the consent to the permit reflected by MWO,in writing to counsel for Short's,stated that the check would be returned and not Respondent Mote's notarized signature dated March 30,2023.Even then,a signed and processed. notarized agreement is a signed and notarized agreement.How the Landlord could retract its consent provided by Respondent Mote's notarized signature remains unknown and Short's has always paid its rent.The Landlord keeps refusing to accept payment:(i)from difficult to comprehend. July 2022 to March 2023 MWO refused to accept rent and,two business days after MWO dismissed Eviction Case#1,with prejudice,Short's paid those nine month's rent in a lump In addition, it is interesting that the City, twice, returned unprocessed checks in the sum,and now(ii)attempts to refuse May and June 2023 rent.One must ask why a paying amount of$1,700. I would surmise that the City of Iowa City does not often reject tenant is being subjected to a third eviction action in less than a year,when certainty of Yi1i +)L_..1 ro f THE SHEARER LAW OFFICE,P.C. +ti THE SHEARER LAW OFFICE,P.C. $11.� �'7�•. ' , Ly��d�7�FiL8n hFEB 21 3,12 PM dJYW•CLERK OF DISTRICT COURT gage 21 or 26 �jt �sFipoE[tiMi yF�B 21 3:12 PM.I$dW-CLERK OF DISTRICT COURT Peye 22 or 26 omp Hint—Kenn Perez Complainant mplaint—Kevin Perez Complainant June i,2023 Page 14 June 1,2023 Page 15 payments being made for fees and expenses.Those fees are the lifeblood of a municipality. race...color...national origin...in the furnishing of such accommodations,advantages Clearly,MWO has acted to interfere with Short's operations. or facilities,services or privileges." What is even more confounding is that the Landlord also owns a property around the Mr.Perez ail eges that the Respondents(owner,and agents of the owner,of the Premises) corner from Short's—less than two blocks.MWG and the Landlord have consent to these have systematically,repeatedly discriminated against him and his business by denying businesses(not operated by a Hispanic)operating patios without objection. him the accommodations and facilities Comprised of the Premises based upon Mr.Perez's Hispanic and Mexican origin, and the perception of Mr.Perez's origin based upon his F. Offered Sale of the Premises surname. At some point in early 2023(February-April)M'NO asked the tenant in 18 1/2 S.Clinton The Iowa courts,in interpreting the Iowa Civil Rights Act,look to federal interpretations (non-Hispanic)if they would like to purchase the building from the Trust.No similar offer of Title VIL For cases in which indirect evidence of discrimination is presented,pre-trial, has ever been made to Mr.Perez or Short's. the Iowa courts apply a modified McDonnell Douglas burden shifting pre-trial -- (i) complainant's burden to allege a prima facia case—a member of a protected class who VII. CURRENT STATUS AND CLAIMS MADE TO ICRC has received negative/adverse treatment, then (h) respondent's burden to "articulate some legitimate, nondiscriminatory reason" For its action,then (iii) (a) complainant's Both Short's Civil Case seeking damages for abuse of process and a declaration that the burden to demonstrate the proffered reason is pretextual,or(b)even if the proffered Lease was properly renewed and MWO's Eviction Case#3 attempting to remove Short's reason is true,that non-discriminatory reason was not the only reason and a another for failure to timely renew remain pending and are actively being litigated.The City of motivating factor present is prohibited by the ICRA.Feeback v.Swift Pork Co.,No.20- Iowa City still has not processed Short's application for a patio permit because the 1467(Iowa Mar.31,2023).At trial the Iowa courts apply the PriceWaterhouse motivating Landlord does not consent. factor causation test.Id. These pending legal actions before the courts and the patio permit process are not the Temporal proximity and increasing levels of adverse actions are sufficient to create a issues upon which Mr.Perez seeks ICRC intervention.Those independent process will causal connection.Basser u.City of Minneapolis,211 F.3d 1097(8th Cir.2000). run their course.Rather,this sequence of events that has taken place before the courts and the City are evidence of bias towards Mr.Pen_z and his business. IX. EVIDENCE OF DISCRIMINATION&ARGUMENT Mr.Perez does not believe Respondents have a good faith,non-discriminatory basis to Mr.Perez is of Hispanic/Mexican descent and is perceived as such.The Respondents have justify their actions against Mr.Perez.Short's has made every single payment required taken adverse actions against Mr.Perez and his business(eviction actions and revocation only to have the Landlord reject rent payments and,of all things,the City reject payments of patio license consent) and deprived Mr. Perez of opportunities offered to similarly For patio permits.The Respondents were fine doing business with Short's while Mr. situated persons(e.g,offering purchase of the building to the non-Hispanic tenant in 18 Ouverton was managing the operation,but less than two months after Mr. Perez took 1/2 S. Clinton). The Respondents have repeatedly attempted, and continue to try, to responsibility for Short's in March 2022,the lengthy saga described above commenced. deprive Mr. Perez and his business of accommodations, advantages, facilities, and MWO, Ms. Belle, Mr. Mitchell, Mr. Mote simply do not want to do business with a services(i.e.repeated attempts to evict Mr.Perez and Short's from the 18 S.Clinton St. Hispanic/Mexican and want to evict him and his business from the Premises on the basis Premises.This establishes the required prima facia case. of race/national origin and/or the perception of race/national origin. Despite repeated requests by counsel for Mr.Perez and Short's for the Respondents to VIII. LEGAL STANDARDS articulate a legitimate non-discriminatory reason for their actions against Mr.Perez and his business,no such reason has ever been provided. No non-discriminatory reason for Iowa Code§216.70)(a)provides that it is"an unfair or discriminatory practice for any Respondent's actions has been offered. owner.. .of any public accommodation or any agent or employee thereof to refuse or deny any person because of race...color...national origin...,advantages,facilities, services,or privileges thereof,or otherwise discriminate against any person because of WA 0 THE SHEARER LAW OFFICE,P.C. } �+ <! <t ;. y I THE SHEARER LAW OFFICE,P.C. V��}}j �i ¢dUfi[3ni3BRAiFEB 21 3A2 PM J9�1-CLERK OF DISTRICT COURT page 2101 26 lyi� RnMRAiFE6 21 3:12 PM J2MPP-CLERK OF DISTRICT CCURT Pape Z4 at Z6 .plamt�kcvin Pcrcx Complainant C.ompla nt-- t!Pcrex Complainnnt June 1,2023 Page 16 June 1,2023 Page 17 The evidence of discriminatory motive includes the following. Short's has paid all of its rent timely since 2008 (including throughout COVID lock- downs),other than July 2022 to March 2023 during which time MWO would not accept • From 2oo8 to 2022 Mr.Ouverton(Caucasian)was the"face"of Shorts. Short's rent payments from Short's due to MWO/Landlord's claim in Eviction Case#1 that the received no notice of default over those 14 years.Within six weeks of Mr.Perez Lease had terminated June 30,2022.Even then,as soon as MWO voluntarily dismissed taking managerial responsibility Short's received a Notice of Default Eviction Case#1 WITH PREJUDICE on March 9,2023 Short's paid all rent for July 2022 (abandonment) resulting in the filing of Eviction Case #1. This establishes to March 2023 two business days after such dismissal.Failure to pay rent is not,and has temporal proximity. never been,a justified reason for Respondent's actions. • The H.D.Short family memorabilia loaned to Short's as d6cor was incident free Short's is paying one of the highest per square foot lease rates for commercial operations from 20o8 to March 2022.During this period,Mr.Ouverton(Caucasian)was in in similar buildings in the downtown Iowa City area. perceived possession and control of these items. However,within six weeks of Mr. Perez assuming managerial responsibilities Respondents Belle,MWO,Mitchell, The Respondent's explanation for their actions must include the reason for attempting to and Pugh,for unjustified fear of pilfering,demanded return of those items because evict a 15-year tenant paying the upper level of market rent consistently and without issue they were in the possession of a Hispanic. for that entire period. Economics as an explanation is simply not believable. • While Haywood Belle was acting as landlord(2oo8-2oi6)no default notices were Respondents, despite being asked to so, have never articulated a legitimate, non- issued and repairs were promptly addressed.Upon assuming the role of Landlord discriminatory reason for the treatment of Short's immediately following Mr. Perez's in 2017,MWO,Respondent Belle,and their employees and agents(Mitchell,Mote, assumption of primary managerial duties.No possible reason exists for the continuous Briley and Pugh)changed the prior practices and are solely responsible for the and escalating mistreatment of Short's since April 2022 other than the ascension of Mr. discrimination. Perez,a Hispanic of Mexican decent,to primary owner control of Short's. • Disparate treatment between the tenant of 18 1/2 S.Clinton(a non-Hispanic)and CONCLUSION Short's/Perez,including: There is no non-discriminatory basis to explain Respondent's actions to deprive Mr.Perez o Allowing the upstairs tenant to remain closed for two years without claiming and his business of the accommodations, advantages, facilities, and privileges of an abandonment or seeking eviction but attempting to evict Short's for operating Short's at 18 S. Clinton as it has done since 2oo8.The only thing that has closure during structural repairs and initiating Eviction Case#1 less than 6o- changed is Mr. Perez (Hispanic) assuming owner managerial responsibility from Mr. days after that closure. Ouverton,which was immediately met with repeated and escalating actions against Mr. Perez and Short's. 0 Offering the upstairs tenant the opportunity to purchase the building but not making the same offer to Mr.Perez and Short's. Respondent MWO,as trustee of the Haywood B.Belle Family Trust,Respondent Belle as sole beneficiary of the Trust influencing the trustee's decisions, and Respondents • Disparate treatment between other commercial tenants of the Landlord (non- Mitchell,Mote,Briley&Pugh implementing these discriminatory actions are all liable for Hispanics)and Shorts/Perez,including consenting to patio permits for the other violations of Iowa Code§216.17. tenants but revoking and refusing consent for Short's/Perez in March and April 2023 Mr.Perez and his business have suffered damages as a result of the Respondents knowing, intention,and malicious conduct.Mr.Perez is entitled to prompt relief and action against Ultimately,given the close proximity of Mr. Perez's assumption of responsibilities for the Respondents before their third attempt to evict Mr.Perez can succeed. Short's and the series of adverse actions to remove Short's from the Premises and deprive Short's of consent for patio operations,the Respondents each must articulate a legitimate, Mr.Perez requests that the ICRC take prompt action directly or issue a"right-to-sue"n oletter as quickly as possible so that these claims maybe addressed by the Johnson County non-discriminatory reason for their actions. THE SHEARER LAW OFFICE,P.C. `,rr1`I b L,`F t I THE SHEARER LAW OFFICE,P.C. yyS�{ ifdkiifln AtfEB 21312 PM l��-CLERK pF 01STRICT COURT p�25 or 26 1A 2'MFE8 21 3:12 PM J��!-CLERK OF QISTRICTCOURT Comp aml-Kevin Perez:Com lainr,nt Page 28 of 28 lJ mplaint- mn Perez Complainant June 1,2023 Page 18 June 1,2023 Page 19 District Court before the current litigation(Short's Civil Case and Eviction Case#3)are EXHIBITS concluded. 1. Lease of Premises Very truly yours, 2. April 2022-Images of Premises Structural Damage 3. May 4,2022-Notice of Default re:Abandonment 4. May 19,2022-Short's Response to Default Shawn E.Shearer 5. May 24,2022-Termination Notice Attachments: Exhibit Table of Contents on Following Page 6. May 27,2022-Email Demand Cease Renovations 7. June 6,2022-Email Demand Cease Renovations 8. July 7,2022-3-Day Notice to Quit 9. July 15,2022-Petition-Eviction Case#1 10.July 21,2022-Return of July Rent 11.July 21,2022-Iowa City Press Citizen Article re;Short's Reopening 12.January 18,2023-Hearing Reset for March 9,2023 13.January 23,2023-Petition-Eviction Case#2 14,March 9,2023-Dismissal WITH PREJUDICE-Eviction Case#1 15.March 9,2023-Dismissal WITHOUT Prejudice-Eviction Case#2 16.March 9,2023-Letter Declaring Lease Not Renewed and Term Ends April 30,2023 17.March 10,2023-Short's Reaffirmation of Renewal 18,March 15,2023-MWO's Letter Declaring Non-Renewal 19.March 22,2023-Petition-Short's Civil Case 20.May 1,2023-3-Day Notice to Quit 21.May 8,2023-Petition-Eviction Case#3 22.May 30,2023-Short's Demand for Explanation THE SHEARER LAW OFFICE,P.C. THE SHEARER LAW OFFICE,P.C. ;4d ZZ dhfu hu Fog �� _3 . Original PeMWO 2824 FES 21312 PM jR#ffiR1j-CLERK OF DISTRICT COUFJFage 1 of 17 Original PAeSp 2024 FEB 21 3:12 PM gMj jd-CLERK OF DISTRICT COW page 2 of 17 IOWA CIVIL RIGHTS COMMISSION COMPLAINT FORM 0 Other: See Attached Letter from Shawn 515-281-4121 /800457-4416/Fax:515-242-5840/littps://icrc.iowa.gov Shearer,Esq. ICRC CP# (AGENCY USE ONLY) Iowa Civil Rights Commission 3.Please indicate the BASIS(ES)or reasons for the discrimination. Local CAmrniasion# 400 East 14"'Street a.Do you believe you were discriminated against because o f your race(circle one)? Yes No EEOC# Des Moines,Iowa 50319-0201 If yes,o-hat is your race? Hispanic (pl-FASE TYPI's OR PRINT'LEGIT IA) b.Do you believe you were discriminated against because of your skin color? Yes No -SECTION I•COMPLAINANT INFORMATION----- - ----- If yes,what is your skin color? Your legal name: KEVIN REZ c.Do you believe you were discriminated against because of your national origin? Yes No Your preferred name:KEVIN PEREZ If ycs,what is your national origin? Mexican Ancestors Your mailing address:c/o Shawn Shearer,The Law Office of Shawn Shearer,P.C.,108 Third d.Do you believe you were discriminated against because of your sex? Yes No S ui e 2 If yes'what is your sex? City:DES MOINES State:IA Zip Code:50309 e.Do you believe you were discriminated against because of your sexual orientation? YesTelephone#:(214)717-1828 1'mail address:shawn a_shearerlaw,pm No Your date of birth: Your pronouns: HE / HIS / HIM If yes,what is your sexual orientation? I have you previously filed this complaint with any other federal,state,or local anti-discrimination f.Do you believe you were discriminated against because of your gender identity? Yes ED agency? lz Yes No If yes,what gender do you identify as? If yes,what agency? ICRC When? 06102/29 g.Do you believe you were discnrrunated against because of a disability. Yes No -RRIN-�--_--SECTION 2•DISCRIMINATION INFORMATION-- ---- If ycs,what is your real or perceived disability? 1.Please indicate the AREA(S)in which the discrimination occurred. h.Do you believe you were discriminated against because of your religion or creed? Yes No (Employment Public Accommodation Housing If ycs,what is your religion or creed? I.?ducation Credit El Retaliation i.Do you believe you were discriminated against because of}'our pregnancy or 2.Please indicate the ACTION(S)that the organization took against you. pregnancy-related condition? Yes No Employment Unequal Pay j.If your complaint involves employment or credit,do you believe you were Demotion Public Accommodation discriminated against because of your age? Yes No Denied Accommodation R1 Denied Accommodation If ycs,do you believe you were discriminated because you are older or because you Denied Benefits 21 Denied Sengce � are younger. Discipline Housing lc.IF your complaint involves housing or credit,do you believe you were discriminated Denied Accommodation or Modification against based on your familial status? Yes No Failure to Promote Eviction Failure to Recall Failure to Rent If yes,how man}'children live with you? Failure to Train I Iarassment 1.If your complaint involves credit,do you believe you were discriminated against Forced to Quit/Retire based on your marital status? Yes No Ilarassmcnt Education Layoff Denied Accommodation If yes,what is your marital status? Reduced I fours Harassment m.Do you believe you were retaliated against because you reported discrimination to someone Reduced Pay Credit within the organization,filed a complaint x ith the ICRC,or participated as a witness in an Suspension Denied Accommodation anti-discrimination agency proceeding? YES-Directly sued for filing a complaint with the ICRC. See attached letter from Shawn Shearer,Esq. Termination Denied Financial Services/Credit Undesirable Assignment/Transfer 0691naI NNW 2024 FEB 21 3:12 PM CRf1fAf[� CLERK OF 1)ISTRICT Cal]F#Ta9e 3 of 17 original pefdMD 2024 FEB 21 3:12 Ph1&^ q-CLERK OF DISTRICT COUWage 4 of 17 If yes,what did you report or complain about,and to whom? 11.If Employment is the Area,indicate approximate number of ALL employees(full-time and Complaint filed with ICRC on June 2,2022.Resrondent sued Complainant on June 19,2022 part-time)at ALL employer locations nationwide(REQUIRED): based solely upon filing of the ICRC complaint.See attached letter from Shawn Shearer,Esq. ❑4-14 ❑15-19 ❑20-100 ❑101-200 ❑201-500 ❑500+ State what happened to you as a result of your report or complaint. Answered above.See attached letter from Shawn Shearer,Esq. 4.What was the date(month/day/year)of the MOST RECENT discriminatory incident? (REQUIRED): 06/1912023 5.If Employment is the Area,what is your hire date or application date? 6.Are you still employed by the organization that discriminated against you? ❑Yes ❑No If no,when did your employment end? (month,day,year) If no,how did your employment end? ❑Terminated ❑Voluntary Quit ❑Forced to Quit/Retire SEanm 3•RESPQNS3BiV'[''IT ORmvoi�F---- 7.What is the full legal name of the organization that discriminated against you? [This organization will be charged with discrimination and given a copy of your complaint.] nden in a tin L; attachcd letter from Shawn Shoarer,Esq. Address: Ci ty: County: State: Gip Code: Telephone#:( ) 8.If the organization listed in#7 has a parent organizaton or corporate office,list it here. [This organization will also be charged with diserimiration and given a copy of your complaint.] Address: Ci ty: Sta-e: Zip Code: Telephone#:O If more than two respondents,please list additional )rganization or individual respondents, including name,job title,and address,on an attached piece of paper.The additional organizations/individual respondents will also receive a copy of the complaint. 9.Provide the address of the location where the discrim_naEon occurred: 18 ouch Clinton Strecr-Inwa City.Iowa 52&q;Iohmon Cnunly.Iowa 1]i„lrict_Cqurt 10.Were you placed by a temporary firm agency at the crganization that discriminated against you? [If the answer is yes and you wish to file a complaint against the temporary staffing firm,you will need to file a separate complaint form naming that firm. ❑ Yes ❑No Vl�;l��lf •���� ktttli r OBI FeMMO 2024 FES 21 3:12 PM fMPI-CLERK OF DISTRICT Caur5age g of 17 Original FohMP 1011 FEET 21 3:12 PM CLERK OF DISTRICT COLIFi5age 6 of 17 It is,not nrccssary tfctt yrx ,1 n •Hlc snr addit oa tt clocununtation at this time.Be aware that any additional documentation provided with your complaint form will be sent out to aLl named parties along with this -------------------------SECTION 4•BRIEF SUMMARY OF ALLEGATIONS----------------- form.An opportunity to provide additional documentation will be given at a later time if/when the Please describe what happened to you. State how you were discriminated against. What happened' complaint is accepted by the ICRC When did it happen?Be sure to address each Action you checked on page one and each Basis you IOWA CIVIL RIGHTS COMMISSION addressed on page two. Please read the inslruclion sbeel before writing Inur brief soaariary. See attached letter from Shaivm Shearer,Esq. Contact Information I have reviewed the allegations and factual statements contained in Mr.Shearer's letter and affirm those statements of fact as truthful and adopt them as my own. Note:This information will NOT be given out to anybody. It is for ICRC use only. Your Name: KEVIN PEREZ Contact Person Pleasc provide the name and telephone number of a relative or friend who will always know where you can be reached. Your"Contact Person"should be someone who does not live with you. Name: Shawn Shearer Mailing Address: The Shearer Law Office,P.C.,108 Third Street,Suite 302 City: Des Moines State: IOWA Zip Code: 50309 Telephone#:(home) 214 717-1828 (work) Same (cell) Same E-mail: shawnns earerlaw.pro _ I certify under VCellly of perjury and pursuant to the laws of die State of Iowa and the laws of the United ss vmca that the preceding charge is true and correct. X 06/20/23 Slgritllprc of Complainant(REQUIRED) Date y l.! 4J n n }' g 1 ,•.. _ i mi � ' Q D 2024 FEB 21 3:12 PM CLERK OF DISTRICT COLD D 2024 FEB 21 3;12 AM CLERK OF❑ISTRICT Cell " Drigirral pe�ili�f ���- Wage 8 of 17 THE SHEARER LAW OFFICE,P.C. 108 THIRD STREET,SUITE 302 IOWA CIVIL RIGHTS COMMISSION DES MOINES,IOWA 50309 (214)717-1828 Authorization Release Form SHAWN @SH EARERLAW.PRO June 20,2023 I hereby authorize anyone possessing medical,education, Civil Rights Commission ucation,personnel,income,credit, 40o East 14u Street or any other information necessary for a full anc complete investigation,mediation,or Des Moines,Iowa 50319-0201 conciliation of my complaint to furnish such information to the Iowa Civil Rights Commission and any other anti-discrimination agency. Re: Iowa Civil Rights Act—COMPLAINT-Retaliation for Filing Complaint I hereby release anyone so authorized,die Iowa Civil Rights Commission,and any Complainant:Kevin Perez odier anti-discrimination agency from all liability for any damages whatsoever in Respondent:MidWestOne Bank furnishing and obtaining such information. Dear Iowa Civil Rights Commission: Name: Kevin Perez T I represent Kevin Perez,the Complainant. r' Signature: 11 Date:_06/20/23 On June 2, 2023,Mr. Perez filed a complaint with the Iowa Civil Rights Commission ("ICRC")alleging accommodation and service discrimination pursuant to Iowa Code§ 216.E ("Initial Complaint').The Initial Complaint was supported by a letter from me r outlining the facts and legal basis for the claims against the Respondents named the Initial Complaint.Those Respondents included,among others,MidWestOne Bank("MWO"). Mr.Perez now files this Complaint("Second Complaint')alleging that on June 19,2023, Respondent MWO violated Iowa Code§a16.11(2)by knowingly,intentionally,and openly retaliating against Mr.Perez for filing the Initial Complaint.Respondent MWO has sued Mr.Perez seeking monetary damages solely be cause he filed the Initial Complaint. Never before has there been a more clear-cut case of unlawful retaliation for exercising statutorily protected rights under the Iowa Civil Rights Act. As to this Second Complaint,the Complainant and Respondent information is as follows: Complainant: Kevin Perez c/o The Shearer Law Office,P.C. 1o8 3rd Street,Suite 302 Des Moines,IA 50309 Respondent: MidWestOne Bank 102 S.Clinton Street Iowa City,Iowa 52245 VA, of L9 :1 Wd zz 8VW aZU *i8@WPQiQMFEB 21 3:12 PM&Wfr !-CLERK OF DISTRICTCOUff3age 9 flf 17 ;j.jfW&Wn?AMFEB 21 3:12 PM CLERK OF DISTRICT CO�I0'3ge 10 of 17 Camp aint—Kevin Peres Campteinant pu l—Kevin Perez Complainant June 20,2023 Page 2 June 20,2023 Page 3 RETALIATION FOR FILING THE INITIAL COMPLAINT Facts in Suouort of this Second Complaint-Retaliation Initial Complaint Background On June 19,2023,Respondent MWO,as Trustee acting as landlord,filed an answer and The Initial Complaint was supported by a letter from me describing the discrimination counterclaims in the ongoing litigation, Short's Burger&Shine LLC u.MidWestOne against Mr.Perez and his business,Short's Burger&Shine("Short's").As described in Bank,et al. Respondent MWO's counterclaims assert Complainant Perez personally is the Initial Complaint,there is ongoing litigation between Short's and Respondent MWO liable for money damages to MWO based solely upon his filing of the Initial Complaint regarding a lease where Mr.Perez operates his business.Short's Burger&Shine LLC u. with the ICRC.A copy of the cover page and the Count III containing these allegations is MidWestOne Bank,et al.(Johnson County,Iowa,District Court Case No.LACV 084204). attached as Exhibit A.to this letter. In this ongoing litigation,Short's asserts the landlord has breached the lease,wrongfully Respondent MWO specifically alleges in that counterclaim that: attempted to evict Short's and ShorCs.has properly exercised the option to extend the lease.Respondent MWO,a defendant in this ongoing litigation,serves as the trustee of "The Civil Rights Complaint[the Initial Complaint]was filed for the sole the trust that is the landlord under the lease.Short's brought this ongoing suit against purpose of harassing the Trust [the Respondent],increasing its litigation MWO as trustee to preserve its business operations at the leased location. MWO as expense, and/or pressuring the Trust [the Respondent] into agreeing to landlord is attempting to remove Short's,again wrongfully,from its business location. dismiss the forcible detainer and entry action[Eviction Action#31 pending against Short's. . . .the Trust[Respondents]have been damaged by Mr. As described in the Initial Complaint,MWO has attempted to evict Short's three times Perez's use of the legal process[filing the Initial Complaint]..."1 during the last 12 months. The first two attempts were unsuccessful with MWO voluntarily withdrawing those eviction cases.MWO then started a third eviction case in Respondent MWO's allegations Mr.Perez's reasons for filing the Initial Complaint are May 2023 and that case is set for trial in August 2023("Eviction Action#�"), without basis and will be addressed in that litigation. The Initial Complaint alleges accommodation and services discrimination. Mr. Perez The reason Mr.Perez filed the Initial Complaint,no matter what they may have been,are alleges in the Initial Complaint that Respondent MWO discriminated against him based irrelevant to Respondent MWO's non-retaliation obligations imposed by the Iowa Civil upon his Hispanic ethnicity/race in connection with their leasing practices and attempts Rights Act("ICRA"). to evict of Mr.Perez's business. Respondent MWO has sued Mr.Perezfor monetary damages solely because On June 20,2023,I spoke by phone with the ICRC's intake specialist regarding the status hefiled a complaint with the ICRC.There is no doubt such action constitutes of processing the Initial Complaint and was told the Initial Complaint is in the que and unlawful retaliation under the ICRA. scheduled to be processed and mailed on June 22,2023.Therefore,I do not have a case or reference number for the Initial Complaint at this time. There is not a more clear case of retaliation against a person engaging in activity statutorily protected under the Iowa Civil Rights Act than file a suit for money damages The Initial Complaint was hand-delivered on June 2,2023 to the ICRC by me.I received against an individual based solely upon that individual filing a complaint of a time and date stamped copy of the Initial Complaint from the ICRC front desk at the discrimination with the ICRC. time of hand-delivery. On June 2,2023,by email,I provided a courtesy copy of the date and time stamped Initial Complaint to counsel for Respondent MWO. Therefore,Respondent MWO was aware and had knowledge of the Initial Complaint filing on June 2,2023 even though the ICRC had not yet been processed and mailed the Initial Complaint to Respondent MWO. Respondent's claim to abuse of process is without legal basis. The filing of a complaint with the ICRC is not the use of legal process,but is an executive and administrative processes required prior to initiation of t legal process.Therefore,the abuse of process claim is without basis. THE SHEARER LAW OFFICE,P.C. l J r 0 rA I lam} THE SHEARER LAW OFFICE,P.C. 13 Cl ~ M .` j*W6jFI(h,Ag7�{,FE$21312 PM��-CLERK OF DISTRICT CCLFWge 11 of 17 b r�jjijpr�RWkDnQ hFES 213,12 PM CLERK OF IISTRICT CO Complaint—!Gavin Perez Complainant Complaint—Kevin Perez Complainant ��R� LWSe 12 of 17 June 20,2023 Page 4 � June 20,2023 Page 5 Retaliation Cornulaint to individuals suffering from discrimination would simply be too great to even initiate the ICRA complaint process. Mr.Perez's Initial Complaint is well grounded in facts and law and outlines the factual basis upon which he alleges the Respondents named in the Initial Complaint,including What Respondent MWO has done,in bringing a claim for money damages based solely MWO, violated the ICRA's prohibitions of discrimination in accommodations and upon Complainant Perez's filing of the Initial Complaint,no matter the resolution of the services. The Initial Complaint was filed in good faith. As described in the Initial merits of the Initial Complaint,is so chilling to the system of redress built into the ICRA Complaint,despite repeated requests for Respondent MWO to provide legitimate,non- that the Act would become meaningless. discriminatory reasons for their actions, no legtimate, non-discriminatory reason for attempting to evict Mr.Perez's business has ever been provided. Even in the Answer and Policy reasons aside,ICRA§216aa(2)specifically prohibits suing someone for filing a Counterclaims filed in the ongoing litigation,there are no allegations or statements by claim of discrimination with the ICRC.The Iowa Courts use a very simple standard to Respondent MWO providing a non-discriminatory reason for their repeated attempts to establish a case for retaliation.Mr.Perez need only establish the following: remove Mr.Perez's business when Mr.Perez has paid all rent due. The ultimate resolution of the Initial Complaint-s irrelevant far purposes of this Second t. Complainant filed a claim of discrimination; Complaint arising out of Respondent MWO's suing Mr.Perez solely because he filed the 2. The Respondent took an adverse action against Complainant;and Initial Complaint. 3. The adverse action was linked to the Complainant's filing of the discrimination Iowa Code§216.11(2)provides: claim. It shall be an unfair and discriminatory practice for:...(2)any person to Under the ICRA(Iowa Code§216.n(2))and the above standards set forth by the courts discriminate or retaliate against another person in any of the rights of Iowa, MWO's counterclaim for money damages against Mr. Perez directly, and protected against discrimination by this chapter because such person has admittedly,is retaliation against Mr.Perez for filing the Initial Complaint and is a direct lawfully opposed any practiceforbidden under this chapter...or hasfiled violation of the Iowa Code §M6.ti(2). Based upon the facts known to the ICRC and a complaint...under this chapter." Respondent MWO, and based upon Respondent MWO's own pleadings in the Respondent N,FWO has directly sued Mr, Perez Carouse he opposed its Counterclaim,the above elements of a retaliation claim are satisfied. unlaufulpractfees and filed a complaint under the.ICRA.Respondent MWO's i. Mr.Perez filed a claim of discrimination(the Initial Complaint)with the ICRC on act of suing Mr.Perez for damages because he filed the Initial Complaint is as a direct June 2,2023.A courtesycopy of the Initial Complaint was provided to Respondent violation of the ICRA retaliation prohibition as there could possibly be.Suing anyone for MWO's counsel on June 2, 2021 Counsel for MWO and Respondent MWO damages solely because they have filed a complaint with the ICRC is a blatant and direct acknowledge receipt of that courtesy copy in their pleadings in the counterclaim violations of the ICRA. (see Exhibit A hereto)[This satisfies element No.1—"Complainant filed a claim of Allowing those accused of violations of the ICRA in complaints of discrimination to the discrimination"] ICRC to sue their accuser for costs incurred for responding to the complaint of discrimination would have a substantial chilling effect on anyone asserting they had suffered discrimination. The policy implications of allowing all of those accused of violating ICRA to sue their accuser would gut the entire purpose and effectiveness of the a Wright v. Waterloo Watenvorks,493 N.W.2d 889,893-94(Iowa Ct.App.1992)(citing Martin v. ICRA.There can be no doubt that the ICRC rece-ves,analyzes and processes numerous Local 1513 District 118 ofthe IAMAW,859 F.2d 581(8th Cir.1988);Benson v.Little Rock Hilton claims of discrimination that are meritless. H3wever, allowing an ICRC complaint Inn,742 F.2d 414(8th Cir.1984);Sisco v.J.S.Alberici Constr.Co.,655 F.2d 146(8th Cir.1981), respondent to sue the ICRC discrimination eomFlainant simply for filing the ICRC case cert.denied,455 U.S.976,102 S.Ct. 1485,71 L.Ed.2d 688(1982);Setser v.Novacklnv.Co.,638 would lead to no complaints,even those meritorious,being filed under the ICRA.The risk F.2d 1137(8th Cir. 1981);Kellner v.General Refractories Co.,631 F.Supp.939(N.D.Ind.1986); Weiss v. United States,595 F.Supp. 1050(E,D.Va. 1984). Of THE SHEARER LAW OFFICE,P.C. i THE SHEARER LAW OFFICE,P.C. L R I ?Z d Y A E.`G y 21 3:12 PM �ti CLERK OF DISTRICT COL�%e 43 0€17 � � � „ ,FIB 21 3:i2 PM 1 1 CLERK OF DISTRICT COL}ige 14 0€17 Cnmplsint--Kenn Perez Complainant CarnNaint-Kc in Perez Complainant June 20,2023 Page 6 June 20,2023 Page 7 2. On June 19,2023,Respondent MWO filed a claim for damages against Mr.Perez. Attachments: Counterclaim III Filed by Respondent MWO (see Exhibit A)[This satisfies element No.2-Respondent took an adverse action against Mr.Perez.] 3. Respondent MWO's suit against Mr.Perez was directly linked to his filing of the Initial Complaint with the ICRC as admitted by Respondent MWO in their counterclaim pleading alleging that the filing ofthe Initial Complaint entitled them to money damages.[This satisfies element No.3-"the adverse actions was linked to the filing of a claim of discrimination."] Respondent MWO,without a doubt,has taken adverse action against Mr.Perez based solely upon his filing of the Initial Complaint with the ICRC. There is no clearer example of a violation of the anti-retaliatory provisions of the ICRA. The law does not stand or allow a respondent,within 17 days of receiving a courtesy copy of the complaint of discrimination and before the ICRC had even processed the Initial Complaint,to file a lawsuit against the complainant on the sole basis of the complainant filed a complaint the ICRC. To allow such conduct to go undisciplined would gut the entire purpose of the ICRA. Such conduct chills all legitimate complaints of discrimination from being filed for fear of damages,costs,and expenses being levied for merely filing a complaint with the ICRC. Respondent MWO has taken a course of conduct that is specifically prohibited bythe Iowa Civil Rights Act. It can be put no more simply than it is illegal to sue someone who files a complaint with the ICRC based solely upon the complaint being filed. The filing of a complaint of discrimination with the ICRC is a statutorily protected act. Suing a complainant because they filed a complaint is prohibited.The case for retaliation against Respondent MWO is as clear-cut a violation of the ICRA as there can be. CONCLUSION Mr.Perez requests that the ICRC take prompt action directly on this retaliation claim or issue a"right-to-sue"letter as quickly as possible so that these claims may be addressed by the Johnson County District Court before the current are concluded. Very truly yours, Shawn E.Shearer THE SHEARER LAW OFFICE,P.C. D 1 rA i 1!?(j Q 1 THE SHEARER LAW OFFICE,P.C. j e Original Pam"D 1024 gold Z%&a P+M NWWy.CLEf3K OF RIgTRICT CCLWga 15 of 17 original Pehj"D aW4 66A 29 8:52 PM Q hj•CLURK OF DIRTRICT COLKge 16 of 17 IN THE DISTRICT COURT IN AND FOR JOHNSON COUNTY counterclaim and third-party defendants Short's Burger & Shine, L.L.C„ Kevin Perez, and SHORT'S BURGER&SHINE,LLC, Daniel Ouverson in an amount to be proved at trial,including compensatory,punitive,special, Plaintiff, vs, and/or other damages,as allowed by law,plus attorney's fees,plus interest at the highest legal MIDWESTONE BANK,TRUSTEE, rate from the first allowable by law;tax costs to defendants;and order such further relief as the HAYWOOD B.BELLE FAMILY TRUST,an Court deems appropriate. Iowa Trust Formed Under Iowa Code Chapter Case No.LACV084204 633A,MIDWESTONE BANK,an Iowa State Bank,and DENNIS MITCHELL, APPEARANCE,ANSWER,AND COUNT III:ABUSE OF PROCESS (against Kevin Perez) Defendants. AFFIRMATIVE DEFENSES TO FIRST SUPPLEMENTED 30. The Trust realleges the foregoing paragraphs as if fully set forth herein. PETITION,COUNTERCLAIMS, MIDWESTONE BANK,TRUSTEE, AND THIRD-PARTY PETITION 31. On or about June 1,2023,Perez submitted a complaint to the Iowa Civil Rights HAYWOOD B.BELLE FAMILY TRUST,an AGAINST KEVIN PEREZ AND Iowa Trust, DANIEL OUVERSON Commission("Civil Rights Complaint"),alleging that the Trust,along with several other parties, Counterclaim/Third-Party Plaintiff, engaged in discrimination against him. vs. SHOAT'S BURGER&SHINE,LLC,KEVIN 32. The alleged basis for the discrimination is Perez's alleged Hispanic heritage. PEREZ,and DANIEL OVERSON, 33, The alleged discriminatory acts are the Trust's attempts to evict Short's from the Counterclaim and Third-Party Defendants, Premises. Specifically, Perez alleges that the Trust somehow denied Perez public COMES NOW Short's Burger& Shine, LLC "Short's" or"Plaintiff'), and for its First accommodation by attempting to evict Short's from the Premises. Supplemented Petition at Law & Equity against MidWestOne Bank, as Trustee ("Trustee"), of 34. There is no basis in law or fact for the Civil Rights Complaint. Haywood B.Belle Family Trust("Trust"), MidWestOne Bank,an Iowa state bank("MWO"),and 35. The Civil Rights Complaint was filed for the sole purpose of harassing the Trust, Dennis Mitchell,an individual("Mitchell")states: increasing its litigation expenses,and/or pressuring the Trust into agreeing to dismiss the forcible PARTIES entry and detainer action pending against Short's. 1. Short's is an Iowa limited liability company with its principal place of business in 36. The Trust has been damaged by Perez's use of the legal process to harass and Iowa City,Johnson County,Iowa. intimidate the Trust and its agents,employees,and sole income beneficiary,in an amount to be ANSWER:Admitted. proved at trial. 2. The Trust is an Iowa trust formed pursuant to Iowa Code Chapter 633A. ANSWER:Admitted. I M 210 /fi l j 43 F •- I 1 Original PebAW 2029 96a 3b&95 PM @~�,12L€ILK OF D(OTR(CT COLNge 17 of 17 Original Petitiofr-FILED 2024 FEB 21 3:12 PM J2MWf�N-CLERK OF DISTRICT COURT Page 1 of 16 WHEREFORE,counterclaim/third-party plaintiff MidWestOne Bank,Trustee,Haywood IOWA CIVIL RIGHTS COMMISSION COMPLAINT FORM 515-281-4121/800-457-4416/Fax:515-242-5840/https://icrc.io\va.gov B.Belle Family Trust,respectfully requests that the Court enter judgment in its favor and against (AGENCY USE ONLY) third-party defendant Kevin Perez in an amount to be proved at trial, including compensatory, ICRC CP# Iowa Civil Rights Commission Local CoaYmission# 400 East 14tl Street punitive,special,and/or other damages,as allowed by law,plus attorney's fees,plus interest at L1?LJC# Des Moines,Iowa 50319-0201 011.KASF.TYPE OR PRINT LEGIBLY) the highest legal rate from the first allowable by law;tax costs to defendant; and order such - .. .—. - -- -->sECTION 1•COMPf.A.INWT INFORMATION -- further relief as the Court deems appropriate. Your legal name:— KEVIN PEREZ Respectfully submitted, Your preferred name:KEVIN PE R F Z Your mailing address:c/o Shawn Shearer,The Law Office of Shawn Shearer,P.C..108 Third PUGH HAGAN PRAHM PLC tree Suite 302 City:DES MOINES State:IA Zip Code:50309 By:/s/Siobhan Briley Telephone#:(914)717-1 28 Email address:shawn .shearerlaw. Siobhan Briley(AT0012848) Your date of birth: Your pronouns: HE / HIS / HIM sbriley@pughhagan.eom Have you previously filed this complaint with any other federal,state,or local anti-discriminaton 425 E.Oakdale Blvd.,Suite 201 Coralville,IA 52241 agency? ®Yes No Tel,:(319)351-2028 If yes,what agency? ICRC When? 06/02&20/23 Fax:(319)351-1102 Attorneys for Defendants MidWestOne Bank as -----SECTION 2•I]ISCRTMINA 1ION INFt]RMATIOLV-- y, Trustee ofthe Haywood B.Belle Trust, 1.Please indicate the AREA(S)in which the discrimination occurred. MidWestOne Bank,and Dennis Mitchell Employment Public Accommodation Housing Education Credit ®Retaliation 2.Please indicate the ACTION(S)that the organization took against you. COPY TO: CERTIFICATE OF SERVICE Unequal Pay Shawn Shearer Employment shawn@shearerlaw.pro The undersigned certifies that a[rue cop}of this foregoing Demotion Public Accommodation THE SHEARER LAW OFFICE,P-C, instrument was sensed upon all parties to the above cause to Denied Accommodation each of the attorneys of record herein at their respective ®Denied Accommodation Attorney Perez, Pnd Daniel s Burger&Shine LLC, addresses disclosed on June 19,2023,by: Denied Benefits ®Denied Service Kevin Perez,and Danie!Ouverson XX EDMS CM/ECF Discipline Housing Email US s Mail Failure to Hire Denied Accommodation or Modification _Hand Delivery Failure to Promote Eviction Failure to Recall Failure to Rent av- Failure to Train Harassment Forced to Quit/Retire Harassment Education Layoff Denied Accommodation Reduced Hours Harassment Reduced Pay Credit Suspension Denied Accommodation Termination Denied Financial Services/Credit j 5 01 ',k it to IV IA 01 Undesirable Assignment/Transfer 44 9S :1 Original Petltlort-FILED 2024 FEB 21 3:12 PM J2WW-CLERK OF DISTRICT COURT Original 2 of 16 Page Ori Petitio�FILED 2024 FEB 21 3:12 PM J rn1��u CLERK OF DISTRICT COURT 9 9 ��C]' Page 3 of 16 C Other: See Attached Letter from Shawn If yes,what did you report or complain about,and to whom? Shearer.Esa. Complainant advised the City Attorney's Office and City Human rights of the City's knowing participation aiding and abetting retaliation in violation of the ICRA.Despite warning and knowledge the City continued. 3.Please indicate the BASIS(ES)or reasons for the discrimination. State what happened to you as a result of your report or complaint. a.Do you believe you were discriminated against be=ause of your race(circle one)? Yes No Answered above.See attached letter from Shawn Shearer,Esq. If yes,what is your race? Hispanic b.Do you believe you were discriminated against because of your slain color? Yes No If yes,what is your slain color? 4.What was the date(month/day/year)of the MOST RECENT discriminatory incident? e.Do you believe you were discriminated against because of your national origin? Yes No (REQUIRED): 07125/23 If yes,what is your national origin? Mexican Ancestors 5.If Employment is the Area,what is your hire date or application date? d.Do you believe you were discriminated against be=ause of your sex? Yes 6.Are you still employed by the organization that discriminated against you? ❑Yes ❑No No en employment when did If no, our ern to d? month,day, ear If yes,what is your sex? Y P Y ( Y.year) If no,how did your employment end? e.Do you believe you were discriminated against because of your sexual orientation? Yes No Terminated Voluntary Quit El Forced to Quit/Retire If yes,what is your sexual orientation? f.Do you believe you were discriminated against because of your gender identity? Yes No —SEC ffoN 3 i7RHSPCINDENT IN FORA-UCTION _ If yes,what gender do you identify as? 7.What is the Full legal name of the organization that discriminated against you? [This organization will be charged with discrimination and given a copy of your complaint.] g.Do you believe you were discriminated against because of a disability? Yes No Uponde n t i n fiarmado is on to fined igMACJh Cd I ctteir fmm Shawn Shcaro Esq If yes,what is your real or perceived disability?. Address: h.Do you believe you were discriminated against because of your religion or creed? Yes No City: County: State: If yes,what is your religion or creed? Zip Code: Telephone#:( ) - i.Do you believe you were discriminated against because of your pregnancy or 8.If the organization listed in#7 has a parent organization or corporate office,list it here. pregnancy-related condition? Yes No [This organization will also be charged with discrimination and given a copy of your complaint.] j.If your complaint involves employment or credit,Jo you believe you were discriminated against because of your age? Yes No Address: IE yes,do you believe you were discriminated because you are older or because you City: State: are younger? Zip Code: Telephone#:( ) k If your complaint involves housing or credit,do you believe you were discriminated If more than❑ao respondents,please list additional organization or individual respondents, against based on your familial status? Yes No including n.1me,job title,and address,on an attached piece of paper.The additional If yes,how many children live with you? organizations/individual respondents will also receive a copy of the complaint. 1.If your complaint involves credit,do you believe you were discriminated against 9.Provide the address of the location where the discrimination occurred: based on your marital status? Yes No 18 South Clinton Strcet,Iowa City.Iowa 52?r10:Ighnson CotigV Iowa D}lotrict Conn If yes,what is your marital status? 10.Were you placed by a temporary firm agency at the organization that discriminated against you? [If the answer is yes and you wish to file a complaint against the temporary staffing firm,you will m.Do you believe you were retaliated against because you reported discrimination to someone need to file a separate complaint form naming that firm. within the organization,filed a complaint with the ICRC,or participated as a witness in an ❑ ❑ anti-discrimination agency procceeling?YES-In direct response to the filing of the initial aomplalnt with Yes No Respondents took actions against Complainant's business and knowing enlisled the City of Iowa City toy id and abet their retaliation.The City knowingly aided and abetted in retaliatory acts.See the attached letter from Shawn Shearer,Esq. LS :# no we Original Petltlo&r-FILED 2024 FEB 21 3:12 PM J2UMPl-CLERK OF DISTRICT COURT Page 4 of 16 Original Petillo&r-FILED 2024 FEB 21 3:12 PM J2ft'W-CLERK OF DISTRICT COURT Page 5 of 16 11.If Employment is the Area,indicate approximate number of ALL employees(full-time and part-time)at ALL employer locations nationwide(REQUIRED): ❑4-14 ❑15-19 ❑20-100 F]101-200 201-500 500+ -----------------SECTION 4•BRIEF SUMMARY OF ALLEGATIONS--------- Please describe what hkili W to you. State how you were discriminated against. What happened' When did it happen?Be wsrc to address each Action you checked on page one and each Basis you addressed on page two. Please read the inslruclion sheer before xriting your briefsummary. See attached letter from Shawm Shearer,Esq. I have reviewed the allegations and factual statements contained in Mr.Shearer's letter and affirm those statements of fact as truthful and adopt them as my own. i I terrify under penalty of perjury and pursuant to the laws of die State of Iowa and the laws of the United Slams, + that the preceding charge is we and correct. X --08/03/23 atone ofClimplifilanl(REQUIRED) Date �,f 01 �.21 ff original Petitio�-FILED 2024 FEB 21 3:12 PM J2 Ri-CLERK OF DISTRICT COURT Page 6 of 16 p FILED 2024 FEIi 2t 3:I2 PM } CLERK OF DISTRICT COURT It_is_not necessary that you provide any additional documentation at thistime.Be aware that any additional documentation provided with your complaint form will be sent out to all named parties along with this form.An opportunity to provide additional documentation will be given at a later time if/when the 7� complaint is accepted by theIC2C. IOWA CIVIL RIGHTS COMMISSION IOWA CIVIL RIGHTS COMMISSION Authorization Release Form Contact Information � 1 hereby authorize anyone possessing medical,education,personnel,income,credit, Note:This information will NOT be given out to anybody. or any other information necessary for a full and complete investigation,mediation,or It is for ICRC use pniy. conciliation of my complaint to furnish such information to the Iowa Civil Rights Commission and any other anti-discrimination agency. Your Name: KEVIN PEREZ I hereby release anyone so authorized,die Iowa Civil Rights Commission,and any odier anti-discrimination agency from all liability for any damages whatsoever in Contact Person furnishing and obtaining such information. Please provide the name and telephone number of a relative or friend who will always know where Name: Kevin Perez you can be reached. Your"Contact Person"should be someone who does not live with you. i Signature: - � Date:_08/03/23 Name: Shawn Shearer Mailing Address: The Shearer Law Office,P.C.,108 Third Street,Suite 302 City: Des Moines l State: IOWA Zip Code: 50309 Telephone#:(home)(214,)717-1$28 (work) Same (cell) Sans-e E-mail: shawn shearerlaw. ro - " (J 11n -i J f I 1 Original Petitlo�-FILED 2024 FEB 21 3:12 PM Jq J i-CLERK OF DISTRICT COURT Page 8 of 16 f9Vt(al>ri tF1 EIt�i t ss3+11,?4 FEB 21 3:f2 PM J2MJJ§Pi-CLERK OF DISTRICT COURT nV0.0 aS 16 Cvm plaint—Kevin Perez Complai nant August 3,2023 Page 2 THE SHEARER LAW OFFICE,P.C. From the evidence described in more detail below,one can more than infer that around the same 108 THIRD STREET,SUITE 302 time(mid-June of 2023)that MWO and their counsel(Siobahn Briley of Pugh Hagen Prahm,both individually and the firm Respondents to the Initial Complaint)were preparing to file the facially DES MOI N ES,IOWA 50309 retaliatory claim against Mr.Perez subject of the Second Complaint,Ms.Briley contacted the City (214)717-1828 of Iowa City to seek the City's aid in retaliating against Mr.Perez. In particular,Ms.Briley and SHAWN@ SH EARERLAW.PRO her client MWO prompted and requested the City to enforce an ordinance against Mr. Perez's business(Short's Burger&Shine)when the City had known the issue at-hand for five-months and August 3,2023 chosen not to take action against Mr. Perez.The evidence discussed below also demonstrates Iowa Civil Rights Commission counsel for Mr.Perez advised the City that it was being induced by Ms.Briley,her firm,and MWO Iow Iow East 14'"Street to aid and abet retaliation against Mr.Perez in violation of the ICRA.Despite this knowledge and 400 warning,the City acted anyway to do the bidding of MWO and Ms.Briley in retaliating. Des Moines,Iowa 50319-0201 AMENDMENT TO ADD RESPONDENTS TO SECOND COMPLAINT Re: Iowa Civil Rights Act—COMPLAINT-Retaliation for Filing Complaint Complainant:Kevin Perez By this Third Complaint,Complainant requests that Siobhan Briley and Pugh Hagan and Prahm Respondent:MidWestOne Bank Res also be included as Respondents to the Second Underlying Prior Complaints: ICRC Case No.06-23-80113 ("Pugh")�)(Respondents to the Initial Complaint)) p ICRC Case No.06-23- Complaint.Ms.Briley and her law firm knowingly drafted and filed a claim against Mr.Perez (described in detail in the Second Complaint) based solely upon Mr. Perez filing the Initial Dear Iowa Civil Rights Commission: Complaint. These lawyers knew such a claim is by definition retaliation.Due to Ms.Briley and Pugh knowingly engaging in the acts of assisting and prosecuting MWO's unlawful claim against I represent Kevin Perez,the Complainant. Mr.Perez outlined in the Second Complaint,Ms.Briley and Pugh knowingly aided and abetted MWO's retaliation,and in doing so violated Iowa Code§216.1 1(1)(aiding and abetting)and Iowa On June 2,2023,Mr.Perez filed a complaint with the Iowa Civil Rights Commission("ICRC") Code§216.11 A(interferences,coercion,intimidation). alleging accommodation and service discrimination pursuant to Iowa Code § 216.7 ("Initial Complaint').The Initial Complaint was supported by a letter from me outlining the facts and legal basis for the claims against the Respondents named the Initial Complaint.Those Respondents included,among others,MidWestOne Bank("MWO"). [CONTINUED ON FOLLOWING PAGE] On June 20,2023,Mr.Perez filed a complaint with the ICRC("Second Complaint')alleging that on June 19, 2023, Initial Complaint Respondent MWO violated Iowa Code § 216.1](2) by knowingly,intentionally,and openly retaliating against Mr.Perez for filing the Initial Complaint. Respondent MWO has sued Mr. Perez seeking monetary damages solely because he filed the Initial Complaint.' Mr.Perez now files this third complaint("Third Complaint')(i)amending the second complaint to include Shiobhan Briley and her firm, Pugh Hagen Prahm, as Respondents to the Second Complaint;(ii)asserting the actions of MWO,Briley and her firm retaliated against Mr.Perez by inducing the City to take action against Mr.Perez's business and(iii)asserting that the City of Iowa City knowingly aided and abetted the retaliatory actions of MWO,Briley and her firm. '1 spoke with an ICRC intake specialist on August 4,2023 and was told that a case number had not yet been assigned to the Second Complaint. lh € �� `� V Al 01 i l l 1 THE SHEARER LAW OFFICE,P.C. 9S :1 148 ZZ QI �Zol �Ygl�iilYFl Bf�l if�r�r&Sss3RB4 FEB 21 3:12 PM Jga%�,-CLERK OF DISTRICT COURT Page 10 of 16 FEB 21 3:12 PM.12W"-CLERK OF 0ISTRICTCOURT Paye91 of Is Complaint—Kevin Perez Cwnplainant Complaint—Kcvin Pam Complainant August 3,2023 Page 3 August 3,2023 Page 4 TEMM COMPLAIIVT RESPONDENT INFORMATION operations at the ]eased location. MWO as landlord is attempting to remove Short's, again wrongfully,from its business location. For this Third Complaint,the Complainant and Respondent information is as follows: Complainant: Kevin Perez As described in the Initial Complaint,MWO has attempted to evict Short's three times during the c/o The Shearer Law Office,P.C. last 12 months. The first two attempts were unsuccessful with MWO voluntarily withdrawing 108 3"Street,Suite 302 those eviction cases.MWO then started a third eviction case in May 2023 and that case is set for Des Moines,IA 50309 trial in August 2023("Eviction Action#3"). Respondents: MidWestOne Bank Pugh Hagan Prahm PLC2 The Initial Complaint alleges accommodation and services discrimination.Mr.Perez alleges in the 102 S.Clinton Street 425 E.Oakdale Blvd.,Suite 201 Initial Complaint that the named Respondents,including MWO,discriminated against him based Iowa City,Iowa 52245 Coralville,IA 52242 upon his Hispanic ethnicity/race in connection with their leasing practices and attempts to evict of Mr.Perez's business. The City of Iowa City' c/o City Attorney's Office The Initial Complaint was hand-delivered on June 2,2023 to the ICRC by me.I received a time 410 E.Washington St. and date stamped copy of the Initial Complaint from the ICRC front desk at the time of hand- Iowa City Iowa,52240 delivery.On June 2,2023,by email,I provided a courtesy copy of the date and time stamped Initial Complaint to counsel for Respondent MWO. Therefore,Respondent MWO was aware and had RETALIATION AND AIDING AND ABETTING knowledge of the Initial Complaint filing on June 2,2023 even though the ICRC had not yet been processed and mailed the Initial Complaint to Respondent MWO. Initial Complaint Background The Second Complaint—Retaliation-Background The Initial Complaint was supported by a letter from me describing the discrimination against Mr. Perez and his business,Short's Burger&Shine("Sh2LtV).As described in the Initial Complaint, On June 19, 2023, Respondent MWO, as Trustee acting as landlord, filed an answer and there is ongoing litigation between Short's and Respondent MWO regarding a lease where Mr. counterclaims in the ongoing litigation,Short's Burger&Shine LLC v.MidWestOne Bank,et al. Perez operates his business. Shorts Burger&Shine LLC v.M&WestOne Bank,et al. (Johnson Respondent MWO's counterclaims assert Complainant Perez personally is liable for money County,Iowa,District Court Case No.LACV 084204).' damages to MWO based solely upon his filing of the Initial Complaint with the ICRC.` In this ongoing litigation,Short's asserts the landlord has breached the lease,wrongfully attempted The reason Mr.Perez filed the Initial Complaint,no matter what they may have been,are irrelevant to evict Short's and Short's has properly exercised the option to extend the lease. Respondent to the initial Respondent's non-retaliation obligations imposed by the Iowa Civil Rights Act MWO,a defendant in this ongoing litigation,serves as the trustee of the trust that is the landlord ("ICRA"). Respondent MWO sued Mr. Perez for monetary damages solely because he filed a under the lease.Short's brought this ongoing suit aganst MWO as trustee to preserve its business complaint with the ICRC.There is no doubt such action constitutes unlawful retaliation under the ICRA. z The Complaint against Pugh Hagan Prahm PLC("Pugh")incluces a complaint,individually,against Siobhan Briley, There is not a more clear case of retaliation against a person engaging in activity statutorily a partner at the firm who has communicated with Complainant's•:ounsel on behalf of MidWestOne,individually(and on behalf of her firm)signed the unlawful complaint subject of the Second Complaint,and individually(and on behalf protected under the Iowa Civil Rights Act than file a suit for money damages against an individual of her firm)participated in the retaliatory acts described herein. based solely upon that individual filing a complaint of discrimination with the ICRC. 'The Complaint against the City of Iowa City includes complaint:,individually,against the following City employees directly involved in the decisions and actions constituting aiding and abetting in retaliation against Mr.Perez as described herein:Sue Dulek(First Asst.City Attorney),Kim Sandberg(Project Coordinator),Ronald Knoche(City Works Director),Eric Goers(City Attorney),and Geoff Fruin(C5ty Manager). 'Respondent's claim to abuse of process is without legal basis. The filing of a complaint with the ICRC is not the 'The law firm of Pugh Hagen Frahm serves as counsel to MWO as trustee.Respondent Briley is the attorney assigned use of legal process,but is an executive and administrative processes required prior to initiation of legal process. by that firm to the litigation underlying all of these claims. {{ Therefore,the abuse ofprocess claim is without basis. Vr�it 1 e�THE SHEARER LAW OFFICE,P.C. '7J}©I THE SHEARER LAW OFFICE,P.C. �i 1 F�1 �F m VR4 FEB 21 3:12 PM,12MPV-CLERK OF DISTRICT COURT Page 12 of 16 ��t�I�}g��PII+�tts�a4 FEB 21 3:12 Purl.12 WWp 1-CLERK Or DISTRICT COURT Page 13 or 16 ompluint—Kevin Perer.Complainant Complaint-Kevin Pcrcz Complainant August 3,2023 Page 5 August 3,2023 Page 6 The Second Complaint was filed by facsimile transmission the evening of June 20,2023,the day after the claims against Mr. Perez had been filed by MWO in Johnson County District Court. Despite no sidewalk cafe license being in effect from February 1,2023 to July 2023,and Short's Courtesy copies of the Second Complaint were not provided by me to MWO or its counsel. operating its attached deck during this period,the City took no action asserting that Short's was ' operating in violation of the City's sidewalk cafe ordinance. Third Complaint—Retaliation&Aidine and Abettinre•-Barkfaround On June 19,2023,MWO Fled its claim against Mr.Perez unjustifiably alleging abuse of process My letter of June 1, 2023 in support of the Initial Complaint,page 13-14 outlines the facts against Mr.Perez—these allegations are subject of the Second Complaint alleging retaliation.A surrounding Short's annual sidewalk dining/patio permit.That description is incorporated herein. mere 11 days after retaliating by filing such suit,Mr.Perez and Short's received a letter,dated June 30,2023 from Respondent Susan Dulek acting as Assistant City Attorney stating that the Briefly,since 2008 Short's has annually obtained a"sidewalk cafe"permit from the City of Iowa "chairs, tables, and fencing"comprising the attached deck`must be removed from the public City to operate a small deck/patio off the front of the Premises extending into the sidewalk area. sidewalk"by July 14,2023.Exhibit B. In addition,in prior years,Short's also operated several tables for service of food and beverages located in the on-street parking area in front of the restaurant,all under the same permit. What is most interesting about the June 30,2023 letter is that the"copy w/enc.to:"(i.e."cc") included"Siobhan Briley,"counsel for MWO. Exhibit B There was absolutely no basis for Ms. The term of the sidewalk cafe permit commences on February 1 of each year and then ends on Briley to be cc'd on this letter,as it had nothing to do with her or her client(MWO/Trust).The January 31 of the following year. On March 30,2023,Short's executed the February 1,2023 to only reason for including Ms.Briley on that communication would have been if Assistant City January 31,2024 agreement and on that same date Kevin Mote(a Respondent named in the Initial Attorney Dulek had been contacted by Ms.Briley and knew of the ongoing issues between MWO Complaint),an officer of M W O acting as trustee of the owner of the Premises,consented to Short's and Short's/Perez.There is more than enough justification,given the temporal proximity of events, entry of the agreement for a sidewalk cafe.The signatures of Short's authorized representative and to believe that Ms.Briley or others acting on behalf of MWO,contacted the City requesting the MWO's representative were notarized.Exhibit A.The executed sidewalk caf6 license agreement City require Mr.Perez to remove the tables,chairs,and deck.MWO and Briley,continuing their was presented to the City of Iowa City("Cj"),along with payment of all required fees,on April retaliation from days earlier, included requesting the City take action against Mr. Perez even 14,2023. though the deck at issue had been present for more than a decade and the City had taken no action from five months(February i to June 30,2023).Something must have motivated the City's sudden As described in the Initial Complaint,the City advised Short's on April 24,2023 in a letter dated interest,and that motivation is reflected in the"cc"to Ms.Briley. April 24,2023 that the City had learned that the landlord(MWO)no longer consented to the patio (despite the City have a notarized signature to the contrary).The Landlord/MWO/Trust has never By letter dated July 1,2023 Exhibit C)I advised the Assistant City Attorney of MWO's retaliation notified Short's,either verbally or in writing,that its consent to the sidewalk caf6 was"revoked."` against Mr.Perez.I also advised the City of the existence of the discrimination allegation in the Initial Complaint and the retaliation allegations in the Second Complaint. In that letter to the City The outdoor dining,and the ambiance and visuals,are important to attracting business.The denial I emphasized and advised the City that"the City is now on notice that Perez and Short's view the of Short's request for consent(consent having been provided each of the prior 15 years)was an April/May 2023 alleged revocation of consent...to have been an act of discrimination based on adverse action.The Initial Complaint alleges that the supposed verbal"revocation"of consent,if race/national origin"(the Initial Complaint)and that communications by MWO/Briley to the City it occurred was racially and ethnically motivated, seeking to"nudge the City down the path reflected in the[June 30,2023]letter"to remove Short's patio was an act by MWO/Briley in retaliation for the filing of the Initial Complaint. Because the City would not sign the sidewalk caf6 agreement due to an alleged verbal revocation of a written,notarized consent,Short's did not construct its usual dining area located outside in In that July 1,2023 letter,I went-on to advise the City of Iowa Code§216.11(1)prohibiting any the street parking area.However,depending on weather,from February 1,2023 to July 25,2023 person from intentionally aiding and abetting another person to engage in prohibited unfair or Short's continued to operate its two tables outside on a small deck attached to the front of the discriminatory conduct.In other words,the City was put on notice that its sudden interest in taking building and extending into the sidewalk. Short's and Mr.Perez's property was aiding and abetting retaliation by MWO/Briley against Mr. Perez for his filing of the Initial Complaint. `The City's procedures required that the land owner's consent be reflected by a notarized signature.it is difficult to After a series of letters and emails between myself and the City between July 1 and July 13,I comprehend how the City can rely on a verbal revocation when,at a minimum,any revocation should follow at least the same formalities as the consent itself. synthesized Mr.Perez's position to 19 points. Those 19 points are set forth in Exhibit D.These THE SHEARER LAW OFFICE,P.C. k 1 JJ rr�� THE SHEARER LAW OFFICE,P.C. EE..Lf,f7 lJVtglbdPFld WfltlsidB,7A FEB 21 3:12 PM JAR%JP•-CLERK OF DISTRICT COURT Page 1/of 16 fi YiI P6 4 FEB 21 3:12 PM Jg Pl-CLERK OF DISTRICT COURT Camp[nini-Key in Percz Complainant CnmpWnt-.Kevin Petri Complainant Page Is or Is August�' Page 7 August 3,2023 Page 8 include(i)the City's admission that a notarized,signed sidewalk cafe agreement had never been Exhibit F.Yet,somehow,still to be explained,Ms.Dulek"cc'd"Ms.Briley on her letter sent 10 denied—indicating that this event is targeted at Mr.Ferez,(ii)the City's knowledge of the ICRA days earlier on June 30,2023.How and why would Ms.Dulek cc Ms.Briley if there had not been claims pending before the ICRC,and(iii)the tempotal proximity between the retaliation subject contact between MWOIBrileyMugh and the City?Ms. Dulek's statements strain credulity. Ms. of the Second Complaint and the City's June 30,2023 letter.These 19 points conclude with me Dulek's excuse making became even more pronounced on July 17,2023 when she asserted that informing the City that any action taken to dismantle the deck and take Short's and Mr.Perez's her knowledge of Ms.Briley came from noticing her as the"attorney of record representing the property would be knowingly aiding and abetting NWO/Briley's retaliation in violation of the owner"in the actions against Short's. Exhibit O. Ms. Dulek and the City had no rleason to be Iowa Civil Rights Act. looking at the district court records to determine who counsel for the landlord was prior to sending out the June 30,2023 letter as to Short's patio.The City was not a party to the litigation.Again, The City postponed the scheduled dismantling of the patio until July 25ih. In the meantime,I sent Ms.Dulek's explanation week later,changing her story,simply proves MWO/Briley/Pugh or their the City a letter dated July 20,2023 addressing the City's repeated refusal to accept payment for agents contacted employees of the City to induce action by the City against Short's the sidewalk license agreement.Exhibit E. It is clear that MWO/Briley/Pugh are motivated by retaliation for Perez's filing of the Initial Despite all of these warnings to the City regarding its participation in retaliatory conduct at the Complaint. These illegal motives are displayed by the filing the claims against Perez in the behest of M WO/Briley, on July 25,2023, the City dismantled Short's/Perez's deck and took Johnson County District Court(the subject of the Second Complaint)and then days.later seeking possession of that property. the City's help in harassing Perez and Short's by taking Perez's and Short's property by enforcing the luck of a sidewalk cafe agreement(consent previously'revoked"in violation of the ICP,A),an CLAIMS FOR VIOLATIONS ASSERTED IN THIS COMPLAINT ordinance the City had not cared to enforce for more than five months prior to being prodded. Retaliation by MWO/Briley/Push MWO/Briley/Pugh's actions of urging the City to take action against Perez,in short proximity to the illegal filing of claims against Perez, were retaliation against Perez for filing the Initial Iowa Code§216.11(2)provides: Complaint and violated Iowa Code§216.11(2). It shall be an unfair and discriminatory practice for: . . . (2) any person to A id i ng and Abettinp Retaliation and Discrimination by the City discriminate orretaliate against another person in any of the rights protected against discrimination by this chapter because such person has lawfully opposed any Iowa Code§216.1 1(1)provides: practice forbidden under this chapter. .. or has Fled a complaint...under this chapter." It shall be an unfair and discriminatory practice for any person to intentionally aid, abet,compel or coerce another person to engage in any of the practices declared From February 1,2023 to June 30,2023,the City had taken no action against Short's/Perez based unfair and discriminatory by this chapter[ICRA]. upon the small deck attached to the building extending into the sidewalk area.A mere 11 days after filing their illegal claims against Perez(subject of the Second Complaint),Short's and Perez Retaliation for exercising rights under the ICRA is specifically defined as an unfair and received the June 30,2023 letter seeking to take action against Short's for its deck. discriminatory practice. Iowa Code§216.11(2). Complainant alleges that MWO/Briley/Pugh,or their agents,contacted the City(around the same The City was warned more than once that its actions towards Short's(suddenly enforcing and time as the retaliatory claims were made before the Johnson County Court clearly identifying taking action against Short's and Perez) were aiding and abetting MWO/Briley/Pugh's animus against Perez for filing the Initial Complaint with the ICRC)for purposes of inducing the discrimination and retaliation.See Exhibits C&D.The City's actions were intentional,and with City to take enforcement action as to the Patio against Short's and Perez.This is evident by the knowledge of the claims being made that MWO's actions were retaliatory in violation of the ICRA. "cc" to Briley in the City's June 30, 2023 notice letter. Exhibit B. Absent contact by MWO/Briley/Pugh or their agents,there was no basis for the City to copy Respondent Briley. The individuals within the City infrastructure specifically involved in the decision to knowingly and intentionally aid and abet retaliation against Mr. Perez are the following: Eric Goers(City Respondent Susan Dulek,Assistant City Attorney,stated on July 10,2023 that she had"never Attorney),Susan Dulek(Assistant City Attorney)Kim Sandberg(Project Coordinator),Ronald spoken to Siobhan Briley regarding this matter,and 1 don't believe I have ever spoken to her." Knoche(City Works Director)and Gcoff Fruin(City Manager).See Exhibits E,N.&1. THE SHEARER LAW OFFICE,P.C. } ` ] l THE SHEARER LAW OFFICE,P.C. ��.tW��� -CLERK OF D FEE 21 3:12 PM Je�M�1-CLERK OF DISTRICT COURT page!B of tB Original Petiti�n-FILED 202 21 3:12 PM J y 2iQlmu'� TRI�CT COURT Page 1 of Complaint-Kevin Pcrez Complainant Administrative Release August 3,2023 Page 9 (Letter of Right-To-Sue) P The Exhibits demonstrate that the City,knowingly and intentionally,conspired with,and aided " and abetted,intentional retaliation by MOW/Briley/Pugh.The"deck"and chairs at issue were To: } From: minor(hardly noticeable),unlike the on-street dining normally deployed by Short's under its ] sidewalk cafe permit.The deck was small(possibly four to six bar stools around two bar tables) ISEVIN PERE'L 1 and was ignored as a violation for five months because it was attached to the building.It was only ] Iowa Civil Rights Commission aflerMWO/Briley/Pugh urged the City on that it took action it had not considered taking for five %SHAWN SHEARER ] 6200 Park Avenue months or more.The urging was directly in retaliation for filing the Initial Complaint.The City's THE SHEARER LAW OFFICE PC Suite 100 participation in the retaliation was knowing and intentional. fl } 108 THIRD STREET, STE 302 ] Des Moines,Iowa 50321-1270 r, The City has admitted that this is the only incident of this nature since the sidewalk cafe licensing DES MOINES,IA 50309i program began in 2008.Exhibit F at pg.4. Complaint CP#06-23-8003 The City and the named City employees directly and knowingly violated the ICRA's anti-aiding and abetting provisions.Mr.Perez and his business have been directly and economically harmed This is your Administrative Release(Right-To-Sue)Letter issued pursuant to Iowa Code§216.16 and 161 Iowa by the retaliation of MWO/Briley/Pugh assisted by the City and the named City employees. Administrative Code Section§3.10.It is issued pursuant to your request. r"• The City of Iowa City and the named City employees violated Iowa Code§216.11(1)through The conditions precedent:found in 161 Administrative Code§3.10(2)have been met aiding and abetting and Iowa Code§216.7 discrimination in accommodations or services. With this Right Tn-Sue Leper,you have the right to commence an action in district court.That action must be commenced within nioctyrl))days of the Right-To-Sue Letter issuance date,12/7/2023.The Right-TO-Sue CONCLUSION Letter is not a finding by the ICRC an the merits of the chxtge_The ICRC will take no further action in this matter. Mr.Perez requests that the ICRC take prompt action directly on these retaliation and aiding and A copy of the Right-ToStge Utter has been sent to the Respondent(s)as shown below.The Administrative Rules $now any party to it complpint m request a copy of the file when a Right-to-Suc has been issued.'Ihe Administrative abetting claims or issue a"right-to-sue"letter as quickly as possible so that these claims may be Res allow any party to a complaint to request a copy of the file when a Right-tasue has been issued.If you or addressed by the Johnson County District Court before the current actions pending are concluded. yottr attorney would like to obtain a copy of the file,please submit your request in writing via tegular mail,fax,ar email to iac[a iowa.gov.The copy and pmcrssing fees sue as Follows: Very truly yours, • Photocopy of irmc'atigativc files-.25¢per page;copies of digital rccatdings;15.00 per electronic storage device(hard copy f'a3vetual cost of postage;seatchat 150-p%gc fee$26.0.per hour • Scanned copy of ti-}vesrigatrvc files-$15.00 foz fiat 15Q-urge batch;$]0.00 for each 150-pgc batch thereafter,copies of digital recordings$10.00 per electronic storage device(electronic copy); search/supetvisotylfee$26A0 per hoot Shawn E.Shearer If you opt for an electronic copy,you must provide an email address in order to receive the copy. tr Attachments: Exhibit A- Executed and Notarized Sidewalk Cafe Agreement(2 pages) The Iowa Civil Rights CoW=ssion Exhibit B- June 30,2023 re Deck at Short's(I page) Phone:(515)2814121 Exhibit C- July 1,2023 Letter to City(13 pages) FAX-:(515).242,5840 Exhibit D- July 13,2023 Email—19 Points(3 pages) Email:icrc&owa.gov ;7 Exhibit E- July 20,2023 Letter re Sole Similar Action(5 pages) Exhibit F- July 10,2023 Entails(4 pages) cc: File Exhibit G- July 17,2023 Email(1 page) SHAWN SHEARER,Complainant's Attorney Exhibit H- July 25,2023 Email re decision-makers(3 pages) SIOBRAN BRILEY°Rcspondcnes Attorney Exhibit I- July 25,2023(4 pages) MIDWEST ONE Blia DENNIS MITCHCLt.,VP KEVLN MOTS,TRqST OFFICILR IV1A 0! .Alli HAYWOOD BB FAMILYTRUST f { 1001 SARAH WALLACE,ELLE r`f THE SHEAR LAW OFFICE,P.C. ❑ �� f SIOBHAN BRILEYY, PLC RE Original Petitio�-FILRD 2024'FEB 21 3:12 PM Jg [4%-CLERK OF DISTRICT COURT page 2 of 2 Administrative Release (Letter of Right-To-Sue) To: ) From: iI� ) KEVIN PEREZ +i ) Iowa Civil Rights Commission THE LAW OFFICE OF 9HAWN SHEARER,P.C. ) 6200 Park Avenue 108 3RD ST. ) Sv to 100 STE.302 Des Moines,Iowa 50321-1270 DES MOINES,IA 50309_ Complaint CP#0&23-86434 This is your Administrative Release(Right-To-Sue)Letter issued pursuant to Iowa Code§216.16 and 161 Iowa Administrative Code Seetint§3.10.It is issued pursuant to your request The conditions preccdentFound in 161 Administrative Code§3.10(2)have been met With this Right-To-Sue L40er,you have the right to commence an action in district court.That action must be commenced within runety.,PO)days of the Right-To-Sue Letter issuance date,12/7/2023.1kte Right-To-Sue Letter is not a finding by th-e ICRC on the merits of the charge.The ICRC will take no further action in this matter. A copy of the Right-To-Sue Letter has been sent to the Respor-dent(s)as shown below.The Administrative Rules allow any party to a compk3int to request it copy of the file when a Right-to-Sue has been issued.The Administrative Rules allow any party to 2APrnplaint to request a copy of the file when a Right-to-Sue his been issued.If you or your attorney would like toAobtsin a copy of the file,please submit your request in witting via regular mail,fax,or email to icrcQiowa.gov.T+he copy and processing fees arc is fellows: • Photocopy of investigative files-,25¢per page;copies of digital recordings 515.00 per electronic storage device(hard copy);actual cost of postage;search/supervisory fee$26.00 per hour • Scanned copy of investigative files-$15.00 for first 150-page batch;$10.00 for each 150-page batch thereafter;copies of digital recordings$10.00 per electronic storage device(electronic copy); search/supervisor;fte$26.00 per hour If you opt for an electronic copy,you must provide an email address in order to receive the copy. +i The Iowa Civil Rights Cotmission Phone:(515)281.4121 FAX:(515)242-5840 I" Email:icrc@iowa.gov ; cc: File rs SHAWN SHEARER;Complainant's Attorney MUC R GOERS,Rc `pondenes Attomey THE CITY OF IO CIITY,IOWA SUE DULEK. .Et KIM SANDBERG RONALD KNOCHE URIC GOFRS t• GROFF FRLIIN vm 0 1 � a END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Tuesday, April 9, 2024 2:21 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Cc: Kellie Grace Subject: Lawsuit Attachments: lawsuit.pdf Received today. II=III J&WA CJW ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (shelher/hers)* WWW.ICGOV.ORG DEPUTY CITY CLERK 0000 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 'why this matters Iowa City Transit is now FARE � FARE FREE FREE! I O W A CITY Learn more at ICGOV.OR6 FAREFREE "The beauty of the world lies in the diversity of its people. "-Anonymous i E-FILED 2024 MAR 27 10:58 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY * MARY AGUILAR, * Civil No. Plaintiff, * V. * ORIGINAL NOTICE CITY OF IOWA CITY, IOWA, Defendant. * TO THE ABOVE-NAMED DEFENDANT: You are notified that a 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 attorney for the Plaintiff is Andrew L. LeGrant of LeGrant Law Finn, P.C., whose address is 2900 100th Street, Suite 304, Urbandale, Iowa 50322. The attorney's phone number is (515) 331-6500; facsimile number(855) 331-6509. You must serve a motion or answer within 20 days after service of this Original Notice upon you and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate in Court because of a disability, immediately call your district ADA coordinator. (If you are hearing impaired, call Relay TTY at 1-800-735-2942. CLERK OF COURT Johnson County Courthouse 417 South Clinton Street Iowa City, IA 52240 rr —v i F IMPORTANT -- YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. E-FILED 2024 MAR 27 2:22 PM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. LACV085192 County Johnson Case Title MARY AGUILAR V. CITY OF IOWA CITY, IOWA 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 ww%v.legis.iowa.gov/does/ACO/CourtRuiesCiiapteil16.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.iowacotirts. ov/for-the- ublic/re resenting- ourselt`/ rotect-iersoz)al-inforntatio��l. 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(1-800-73 5-2942). For more information, see www.iowacotirts-g—ovlfor-tlie-ptiblic/ada/. Disability access coordinators cannot provide legal advice. Date Issued 03/27/2024 02:22:12 PM t 03'r., fa` J District Clerk of Court or/by Clerk's Designee of Johnson County /sl Mark Stimmel E-FILED 2024 MAR 27 10:58 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY * MARY AGUILAR, * Civil No. * Plaintiff, * V. * PETITION AT LAW * &JURY DEMAND CITY OF IOWA CITY, IOWA, Defendant. * COMES NOW the Plaintiff, Mary Aguilar, by and through her attorney, LeGrant Law Firm, P.C., and for her cause of action against Defendant City of Iowa City, Iowa states as follows: JURISDICTION & VENUE 1. The amount in controversy exceeds the jurisdictional requirements of the Iowa District Court in and for Johnson County. 2. The unlawful employment practices alleged below were committed within Johnson County, State of Iowa. PARTIES 3. Plaintiff Mary Aguilar is a citizen and resident of Iowa City, Johnson County, Iowa. 4. Upon information and belief, Defendant City of Iowa City, Iowa ("lowazity") is N a municipal corporation organized under the laws of the State of Iowa and condi cis buR�ness'in Johnson County, Iowa. ---4 C-, W t N - Q 1 E-FILED 2024 MAR 27 10:58 AM JOHNSON -CLERK OF DISTRICT COURT CONDITIONS PRECEDENT 5. Aguilar filed a charge of discrimination against Iowa City with the Iowa Civil Rights Commission within 300 days of the date of the last discriminatory act complained of herein. 6. On February 22, 2024, the Iowa Civil Rights Commission issued on Aguilar's behalf an Administrative Release (Letter of Right-to-Sue), a true and accurate copy of which is attached hereto as Exhibit 1. 7. Aguilar satisfied all conditions precedent before filing this action. COUNT Sexual Harassment/Hostile Work Environment & Constructive Discharge Iowa Code, Chapter 216 8. Aguilar incorporates by reference all preceding paragraphs as if set forth fully herein. 9. Iowa City is, and at all times material hereto, an "employer" subject to the provisions of the Iowa Civil Rights Act. 10. Iowa City employed Aguilar in its public transit system from December 2021 until her constructive discharge effective December 11, 2023. 11. From February 2023 through the time of Aguilar's constrpOve charge, I Aguilar's co-worker Kevin Holmes repeatedly harassed her on the basis of her$ac - d 12. At all times material hereto, Iowa City employed Holmes. t 13. Aguilar is female. ' , p 14. Holmes is male. 15. Holmes' sexual harassment of Aguilar included but was not necessarily limited to: leering at her, gesturing at her, making faces at her, puckering his lips at her, commenting on 2 E-FILED 2024 MAR 27 10:58 AM JOHNSON -CLERK OF DISTRICT COURT her appearance, invading her personal space and/or attempting to initiate unwelcome physical touching of her. 16. Among other things, and by way of example, Holmes directed sexual innuendo at Aguilar; during Aguilar's lunch break, Holmes once stared at Aguilar as she ate a burrito and exclaimed something like, "Damn girl, you are killing it!" 17. Holmes' sexual harassment of Aguilar was severe or pervasive. 18. Holmes' sexual harassment of Aguilar was unwelcome and created a hostile work environment for her. 19. The hostile work environment affected a term, condition, or privilege of Aguilar's employment. 20. On several occasions, Aguilar made complaints of sexual harassment against Holmes to Iowa City's supervisory and human resources personnel. 21. Despite Aguilar's complaints about Holmes' conduct, he persisted in creating a hostile work environment for her. 22. Iowa City knew, or should have known, about Holmes' harassment of Aguilar but failed to take prompt and appropriate action to stop and prevent it. 1-9 23. The-hostile work environment resulted in the constructive dischage of N uilar's employment effective December 11, 2023. 24. Iowa City's conduct violates Chapter 216 of the Iowa Code. r a 1 25. As a result of Iowa City's unlawful conduct, Aguilar has been darriazeci. WHEREFORE the Plaintiff, Mary Aguilar, respectfully asks this Court enter judgment against Defendant City of Iowa City, Iowa and award her damages for lost wages/benefits, emotional distress/mental anguish, compensatory relief, reasonable attorney fees, equitable 1 3 E-FILED 2024 MAR 27 10:58 AM JOHNSON -CLERK OF DISTRICT COURT relief, court costs, with interest as provided by law, and such other and further relief as the Court deems just and equitable. JURY DEMAND 26. Aguilar hereby demands a trial by jury in this matter. Respectfully Submitted, LEGRANT LAW FIRM,P.C. By /s/Andrew L. LeGrant Andrew L. LeGrant AT0008908 2900 100th Street, Suite 304 Urbandale, Iowa 50322 Telephone: (515) 331-6500 Facsimile: (855) 331-6509 Email: alegrant@legrantlaw.com ATTORNEY FOR PLAINTIFF Original filed. � I r- -1 d 4 I E-FILED 2024 MAR 27 10:58 AM JOHNSON -CLERK OF DISTRICT COURT Administrative Release (Letter of Right-To-Sue) I To. ) From: I ti MARY AGUn AR Iowa Civil Rights Commission 1647 HOLLYWOOD BLVD ) 6200 Park Avenue IOWA CITY, LA 52240 ) Suite 100 < < ' Des Moines, Iowa 50321-1270 Complaint CP# 12-23-81b73 EEOC#26A-2024-00283 ,This is your Administiative.Release (Right-To-Sue)Letter issued pursuant to Iowa Code 216.16 and 161 Iowa Administrative Code Section § 3.10, It is issued pursuant to your request. The conditions precedent: '-ound in 161 Administrative Code§ 3.10(2) have been met. With this Right-To-Sue Letter,you have the right to commence an action in district court.That action must be commenced within ninety(90) days of the Right-To-Sue Letter issuance date,2/22/2024. The Right-To-Sue Letter is not a finding by the ICRC on the merits of the charge.The ICRC will take no further action in this matter. A copy of the Right-To-Sue' Letter has been sent to the Respondent(s) as shown below. The Administrative Rules 1 allow any party to a complaint to request a copy of the file when a Right-to-Sue has been issued, The Administrative Rules allow any party to a complaint to request a copy of the file when a Right-to-Sue has been issued. If you or your attorney would like to-obtain a copy of the file,please submit your request in writing via regular mail, fax, or email to icrc@iowa.gov. The copy and processing fees are as follows: • Photocopy of investigative files - .250 per page; copies of digital recordings $15.00 per electronic storage device (hard copy); actual cost of postage; search/supervisory fee$26.00 per hour a Scanned copy of investigative files-$15.00 for fitst 150-page batch; $10.00 for each 150-page batch thereafter; copies:ot digital recordings $10.00 per electronic storage device (electronic copy); search/superviso>.%,/fee$26.00 per hour If you opt for an electronic copy,you must provide an email address in order to receive the copy. The Iowa Civil Rights Cojt;imission Phone: (515)281-4121 FAX: (515) 242-5840 Email:icrc@iowa.gov cc: File ANDY LEGRANT, Complainant's Attorney ' r JENNIFER L. SCHWICKERATH, Respondent's Attorney CITY OF IOWA CIW, IOWA KEVIN HOLMES ;y:v r.) • � I 1 � a e •i i 1 I I ' ' EXHIBIT 1 END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Tuesday, September 3, 2024 4:14 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Subject: Lawsuit Attachments: lawsuit.pdf Please see the attached. Thanks, ' � 1 9■■A CI l , ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW.ICGOV.ORG DEPUTY CITY CLERK 0 0 430 0 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 *why this matters "The beauty of the world lies in the diversity of its people."-Anonymous ~ � FARE FREE Iowa City Transit is now FARE FREE! I O W A C IT Y Learn more at ICGOV.ORG/FAREFREE 1 13160 Foster, Suite 100 i, Overland Park, KS 66213-2660 S O U T H _ L A W 913.663.7600 �i southlaw.com A Professional Corporation offices in Missouri • Kansas • Nebraska •Iowa Iowa City c/o Kellie Grace,City Clerk 410 E.Washington St Iowa City,IA 52240 lag /DEFENDANT PRO SE . . X. o IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC ) Plaintiff, ) EQUITY NO: EQCV085028 vs. ) WRITTEN STATUS REPORT Peggy A. L.Waters; Scott R. Waters;University of Iowa ) Credit Union a/k/a U of I Community Credit Union n/k/a ) GreenState Credit Union; Parties in Possession; Iowa City ) Defendant(s)s. COMES NOW the Plaintiff, Carrington Mortgage Services, LLC, and advises the Court of the following in compliance with the Court's request for Status. 1. The Petition in this case was filed on or about February 2, 2024. 2. All parties were served with Original Notice and Plaintiff s Petition. 3. Plaintiff and Defendant have since engaged in loss mitigation negotiations which, if successful, will resolve the matter without the need for trial. 4. Plaintiff intends to proceed with appropriate dispositive motion(s) if and when such loss mitigation negations prove unsuccessful. 5. Plaintiff has no objection to proceeding with a trial setting conference in the interim if the Court deems this appropriate. Respectfully submitted, SouthLaw,P.C. /s/Richard Reinblatt `� Richard Reinblatt(AT0009194) 10855 W Dodge Road, Suite 250 ; Omaha,NE 68154 — co (402)342-4644, ext. 353 (402)342-4648 (Fax) Richard.Reinblatt@southlaw.com Attorneys for Plaintiff o File No. 239869 I IIIIIII�IIII III IIIII IIIII IIIII IIIIII IIIII IIIII IIII IlI IIII Certificate of Service In support hereof, the undersigned states that a true, correct and genuine copy of the foregoing Plaintiff s Motion for Summary Judgment (along with the attached exhibits and related documents) was sent via U.S.Mail,postage paid, on the 29'day of August, 2024,to: Iowa City c/o Kellie Grace, City Clerk 410 E. Washington St Iowa City,IA 52240 /DEFENDANT PRO SE /s/Richard Reinblatt Richard Reinblatt(AT0009194) C 2 File No. 239869 I IIIIIIII I�I IIII IIIII IIIII IIIII Illlll IIII IIIII IIII IIII III END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Wednesday, October 16, 2024 10:18 AM To: Mary McChristy; Michelle Cook; Rebecca Passavant Cc: Kellie Grace Subject: Lawsuit Attachments: 20241016100949.pdf Please see the attached. Thanks, ' � I&■■A CJ 1 T ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW.ICGOV.ORG DEPUTY CITY CLERK 0 0 4 0 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 *why this matters "The beauty of the world lies in the diversity of its people."-Anonymous FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at ICGOV.ORG/FAREFREE 1 6767.pdf 285101-1 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY 2 of 2 Carrington Mortgage Services,LLC Plaintiff EQUITY NO: EQCV085028 VS. NOTICE OF INTENT TO Iowa City,et al. APPLY FOR DEFAULT JUDGMENT Defendants. TO THE PERSONS LISTED BELOW: Iowa City c/o Kellie Grace,City Clerk 477 410 E. Washington St ` c-) Iowa City,IA 52240 - -- DATE OF NOTICE: October 9,2024 IMPORTANT NOTICE co YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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. Respectfully submitted, SouthLaw, P.C. /s/Richard Reinblatt Richard Reinblatt(AT0009194) 10855 W Dodge Road, Suite 250 Omaha,NE 68154 (402)342-4644,ext. 353 (402)342.4648(Fax) Richard.Reinblatt@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. File No. 239869 I Ill III IIII IIII IIIII II II lll�l It II IIII IIII IIIIII I!I IIII SouthLaw,P.C. 13160 Foster,Suite 100 Overland Park,KS 66213-2660 wklri October 9,2024 RM 2851017 1 of 2 Iowa City c/o Kellie Grace,City Clerk 410 E.Washington St Iowa City,IA 52240 1-8 2 i - co USPS SIGNATURE TRACKING # 2110 8900 0068 7003 7667 67 END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Tuesday, November 26, 2024 11:03 AM To: Mary McChristy; Michelle Cook; Rebecca Passavant Cc: Kellie Grace Subject: Lawsuit Attachments: lawsuit.pdf Please see the attached lawsuit that arrived in today's mail. Thanks, 11=11 I&WA CITY ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW.ICGOV.ORG DEPUTY CITY CLERK 0000 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 'why this matters "The beauty of the world lies in the diversity of its people."-Anonymous FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at ICGOV.ORG/FAREFREE 1 13160 Foster. Suite 100 I L AA Overland Park, KS 66213-2660 ' W 913.663.7600 southlaw.com A Professional Corporation offices in Missouri • Kansas • Nebraska •Iowa Iowa City {' 4 c/o Kellie Grace,City Clerk 410 E.Washington St Iowa City, IA 52240 i GTl �.b.} IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC ) EQUITY NO: EQCV085028 Plaintiff, ) APPLICATION FOR DEFAULT vs. ) JUDGMENT ENTRY Peggy A. L. Waters; Scott R. Waters; University of Iowa ) Pursuant to Iowa- 'Rule :-,gf Civil Credit Union a/k/a U of I Community Credit Union n/k/a ) Procedure 1.972 GreenState Credit Union; Parties in Possession; Iowa City; ) r a Defendants. TO: THE CLERK OF THE JOHNSON DISTRICT COURT �r? The Plaintiff, respectfully requests the Court or the Clerk of the Court, pursuant to Iowa Rule of Civil Procedure 1.972, entry of default judgment upon the Defendants Peggy A. L. Waters, Scott R. Waters, and Iowa City, without any order of court. In support thereof Plaintiff certifies: 1. The Petition in this case was filed on or about February 2, 2024. 2. Defendants have been served with Original Notice of these proceedings as follows: DEFENDANTS DATE SERVED ON Peggy A. L. Waters June 18, 2024 Scott R. Waters June 18,2024 Parties in Possession Dismissed University of Iowa Credit Union a/k/a U of I February 21, 2024 Community Credit Union n/k/a GreenState Credit Union Iowa City February 26, 2024 3. Defendants Parties in Possession are hereby dismissed from this action without prejudice, as the property is vacant as reflected on the Returns of Service filed. 4. Defendant University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union filed its Answer and Consent to Decree by and through counsel and requested I ff If f I File No. 239869 I IIIIIIII�II IIII IIIII IIII IIIII IIIII Intl IIII IIIII IIIIIIII only that the proceeds remaining after satisfaction of the indebtedness due be distributed to junior lienholders in accordance with their lawful priority. 5. Defendants Peggy A. L. Waters, Scott R. Waters, and Iowa City have failed to serve and file responsive pleadings in this matter as evidenced by the attached Affidavit of Docket Search attached hereto marked as Exhibit"A"and by reference made a part thereof. 6. In further support of the Application for Default, the undersigned certifies that Written Notice of Intention to File Application for Default Judgment was given to the defaulting Defendants after the default occurred and at least 10 days prior to the filing of this Application. An Affidavit evidencing the same is attached and marked as Exhibit"B" and by reference made a part. 7. The Plaintiff has previously filed an appropriate Affidavit of Identity of Defendants; Affidavit of Non-Disability, Non-Prisoner and Non-Military; Affidavit of Plaintiff's Lien and Affidavit of Attorney's Fees, 8. An Affidavit of Plaintiff in support of Judgment signed by the agent and representative of the Plaintiff is attached and marked as Exhibit"C" and by reference made a part. 9. An Application for Attorney's fees evidencing attorney's fees expended in this matter is attached and marked as Exhibit"D"and by reference made a part. 10. In further support of its request for judgment, Plaintiff has produced evidence of the indebtedness. , :_3 WHEREFORE the Plaintiff prays that the Court enter default judgment against DefendMits Peggy z A. L. Waters, Scott R. Waters, and Iowa City and dismisses Defendant Parties iti;Posse8ion while remaining Defendant University of Iowa Credit Union a/k/a U of I Community Credit Q'ion n/k/a `➢ Xr- 17) 2 File No. 239869 I Illll�ll IIIIIIII IIIII IIIII IIIII IIIIIIIIIII IIII 111111 IN GreenState Credit Union has consented to Foreclosure Decree. SouthLaw,P.C. Richard Reinblatt(AT0009194) 10855 W Dodge Road, Suite 250 Omaha,NE 68154 (402)342-4644,ext.353 (402)342-4648 (Fax) Richard.Reinblatt@southlaw.com Attorneys for Plaintiff i3 II I III I 3 File No.239869 IIlll�l I�111111 I IIII a I�IIII 1IIIII III IIUI�II ll� Certificate of Service In support hereof, the undersigned states that a true, correct and genuine copy of the foregoing Plaintiff's Application for Default Judgment Entry (along with the attached exhibits and related documents)was sent via U.S.Mail,postage paid,on the t 9"1 day of November, 2024,to: Iowa City c/o Kellie Grace, City Clerk 410 E. Washington St Iowa City, IA 52240 Ric lard Reinblatt(AT0009194) _y 4 File No. 239869 111111111 IN IN 1111111111111111111111 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY Carrington Mortgage Services, LLC ) EQUITY NO: EQCV085028 Plaintiff, ) AFFIDAVIT RE DOCKET VS. ) SEARCH AND MILITARY SERVICE Peggy A. L. Waters; Scott R. Waters; University of Iowa Credit ) Union a/k/a U of I Community Credit Union n/k/a GreenState ) Credit Union; Parties in Possession; Iowa City; ) Defendants. STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) Under penalty of perjury and pursuant to the laws of the State of Iowa, I state that I am plaintiff's attorney, and that on this date I downloaded the computerized court docket in the Office of the Clerk of Court for this case. I found ending on the 19°i day of November,2024 that all defendants had been served with an Original Notice in this matter. The only Defendant appearing in this matter is University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union, who filed a Consent to Decree and Answer. Defendants, Peggy A. L. Waters and Scott R. Waters to the best of Plaintiffs knowledge, are not on active duty in the military service of United States of America as evidenced by the attached Military Status Reports obtained from the Department of Defense Manpower Data Center. SouthLaw,P.C. Richard Reinblatt(AT0009194) 10855 W Dodge Road Suite 250 Omaha,NE 68154 (913) 663-7600 (913) 663-7899 (Fax) Richard,Reinblatt@southlaw.com Attorneys for Plaintiff Date:November 19, 2024 4-1 Subscribed and sworn to before me on A&1tVQ3W A ,201t . G�IERAL MOiARY Site d Mebrask� ���, _ 5�RL•�A JC]IitiSGti Notary Public STATE OF NEBRASKA, COUNTY OF DOUGLAS My Commission Expires: 1)C="P E //, 7tyl� 1 File No. 239869 IIIIIIIIIIIIIIIII IIIII IIII{IIIIIIIIIIIIIIIIII�I�IIII�I IIII 11/19/24,4:15 PM Case Summary ; �� V. Case Number: EQCV085028 Case Title: CARRINGTON MORTGAGE SERVICES, LLC VS PEGGY WATERS ET AL Opened: 02-02-2024 County: Johnson Case Type: Mortgage Judge: Next Scheduled Date&Time: 2024-12-19 08:00:00 Event: MONITOR Prayer Amount: $.00 0 Show/Hide Participants - File Bate Docket # Case History 11-18-2024 04:52:00 PM Other Affidavit Plaintiff D0025 AFFIDAVIT IN SUPPORT OF JUDGMENT Filed by: RICHARD ADAM REINBLATT Other Order PLAINTIFF GRANTED TO AND INCLUDING 12/18/2024 TO TAKE Court 107.4 11:?_1:[)0 AM PLAINTIFF FURTHER ACTION OR THE MATTER MAY BE DISMISSED WITHOUT Curt FURTHER NOTICE; SEE ORDER Filed by: Court 08-29-2024 01:10:00 PM Other Report Plaintiff D0023 WRITTEN STATUS REPORT Filed by: RICHARD ADAM REINBLATT Other Order PARTIES TO ADVISE THE COURT REGARDING INTENT ON PROCEEDING 08-28-2024 02:06:00 PM D0022 WITH THIS ACTION PRIOR TO 09/18/2024; IF NO FURTHER FILINGS, Court MATTER MAY BE DISMISSED AT PLAINTIFFOS COST AND WITHOUT FURTHER NOTICE; SEE Filed by: Court Other Affidavit 07-11-2024 12:54:00 PM Plaintiff D0021 AFFIDAVIT FOR PUBLICATION - NOTICE OF SUIT Filed by: RICHARD ADAM REINBLATT Other Affidavit 06-27-2024 02:21:00 PM D0020 AFFIDAVIT OF MAILING IN SUPPORT OF PUBLICATION rr Plaintiff Filed by: RICHARD ADAM REINBLATT 06-19-2024 03:05:00 PM CIVIL ORIGINAL NOTICE Plaintiff D0019 FOR PUBLICATION "W Filed by: RICHARD ADAM REINBLATT 04-05-2024 03:29:00 PM Other Affidavit Plaintiff D0018 AFFIDAVIT OF MAILING IN SUPPORT OF PUBLICATION Filed by: RICHARD ADAM REINBLATT 03-27-2024 12:34:00 PM D0017 CIVIL ORIGINAL NOTICE Plaintiff Filed by: RICHARD ADAM REINBLATT Answer Defendant ant fJ8;48:00 PM C0016 AND CONSENT TO DECREE Defendant Filed by: CHRISTOPHER E PECH Other AffidavitPlaintiff 03 Plaintiff 24 03:45:00 PM D0015 AFFIDAVIT IN SUPPORT OF JUDGMENT Filed by: RICHARD ADAM REINBLATT 11/19124,4:15 PM Case Summary Other Affidavit 03-06-2024 10:38:00 AM D0014 AFFIDAVIT OF SERVICE BY PUBLICATION Plaintiff Filed by: RICHARD ADAM REINBLATT RETURN OF ORIGINAL NOTICE 07•?/-2.N4 12:07;00 I'M AFFIDAVIT OF SERVICE RE IOWA CITY; SERVED CITY CLERK DQU 13 Court 2/26/2024 Filed by: Court RETURN OF ORIGINAL NOTICE 02-22-202-1 11:37:00 AM D0012 AFFIDAVIT OF SERVICE RE GREENSTATE FINANCIAL; SERVED Cow t ADMINISTRATIVE SPECIALIST 2/21/2024 Filed by: Court RETURN OF SERVICE- DILIGENT SEARCH 02-20-2024 09,06:00 AM D001 1 RE: PARTIES IN POSSESSION Court Filed by: Court RETURN OF SERVICE- DILIGENT SEARCH 02-20-2021 09 03:00 AIA D0010 RE: SCOTT WATERS ":owt Filed by: Court RETURN OF SERVICE-DILIGENT SEARCH 02-20-2024 09:02:00 AM D0009 RE: PEGGY WATERS Curt Filed by: Court Petition Filed: PETITION 02-02-2024 09:54:00 AM D0005 FORECLOSURE PETITION Plaintiff Filed by: RICHARD ADAM REINBLATT CIVIL ORIGINAL NOTICE 02-02-2024 09:54:00 AM D0001 RE: PEGGY WATERS Plaintiff Filed by: RICHARD ADAM REINBLATT r� CIVIL ORIGINAL NOTICE - N 02-02-2024 09:54:00 AM D0002 RE: SCOTT WATERS Plaintiff Filed by: RICHARD ADAM REINBLATT CIVIL ORIGINAL NOTICE 02-02-2024 09:54:00 AM D0003 RE: GREENSTATE CREDIT UNION Plaintiff Filed by: RICHARD ADAM REINBLATT CIVIL ORIGINAL NOTICE ` 02-02-2024 09:54:00 AM RE: PARTIES IN POSSESSION Plaintiff D0008 Filed by: RICHARD ADAM REINBLATT CIVIL ORIGINAL NOTICE 02-02-2024 09:54:00 AM Plaintiff D0004 RE: IOWA CITY Filed by: RICHARD ADAM REINBLATT Other Affidavit 02-02-2024 09:54:00 AM AFFIDAVIT OF PLAINTIFF'S LIEN,AFFIDAVIT OF NON-MILITARY Plaintiff D0006 SERVICE,AND RULE 1.211 AFFIDAVIT Filed by: RICHARD ADAM REINBLATT Other Affidavit 02-02-2024 09:54:00 AM D0007 ATTORNEY'S FEE AFFIDAVIT Plaintiff Filed by: RICHARD ADAM REINBLATT Department of Defense Manpower Data Center Resullsas of:fby-19-2f12405:D9:43PMEST SCRA 5.22 '. fit;"�• Status Repart IZ Pursuant to Servicemembers Civil Relief Act SS N: XXX-xxm Birth Date: Last Name: WATERS First Name: SCOTT - Middle Name: Status As Of: Nov-19-2024 Certificate ID: OR77KP20HVDWGS6 On"W Ovry On Active Duty Statue Date Active Duly aw owe Attire Dior end tam 51ahn trerytoe canwo�+t NA NA No NA TNs response MAocu 214 Midlyodumle`active duly stabs based m the ArWa Duiy fttus Data tse Active Duty VM6 3ar❑ay;of Attire Duly Sinn,Dam Acive Duly Start Dale Atffve Duty Fed Daw S Serviu Cad NA NA No NA This response renects Whero Mte bimrWuat M active duty--us*Vfrt 367 days WecadkV Uie Act ft DO/Stabis Dais Trm Mefntim,ar MiaMer Um Was IhWled of a FuLn Cad-Up to Attire Duty an Active Duty SUM Oeae order NWlkatim Start Date Order NaU catm Fled Date Stohu Service Campormil NA NA No NA This response reflects%f Rw Ur k%*vWd Or t"Tler unit has McMad early noNcAbOn b report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,Space Force,NOAA,Public Health,and Coast Guard)_ This status includes information an a Servicernember or his/her unit receiving notification of future orders to report for Active Duty. _i Sam Yousefzedeh,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Alexandria,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§3901 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940).DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate.In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service.Service contact information can be found on the SCRA website's FAQ page(Q35)via this URL:https://scra.dmdc.osd.mil/scra/#/faqs.If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you.See 50 USC App.§3921(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes soma categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Tltle 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry Is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. �r1 I Department of Defense Manpower Data Center Results as of:Mow-19-202405MA2PM EST SCRA 522 Status Report Pursuant to Servicememben Civil Relief Act �Aa ,. SSN: XXX XXm Birth Date: Last Name: WATERS First Name: PEGGY Middle Name: Status As Of: Nov-19-2024 Certificate ID: 24M3XNM5DRFGS7L - On Aeuwe our,on Ada outs swam Date AdW lr SW Dftr• Ad"Duty EN Data $� aOrVke COrl�t NA —_ NA NA This re$Pwm MMKts tho rdmduafa active duty status based on the Ac%e Dory Status Data Left ACM Duty/Wittwr 307 Da"of A cOva Duty Sups Drft Ae6ve tAdy Start Data Active Dugr End Gate 81pdp CanWalad NA NA — — - NA Tres response relteea whew the brdtvkhtW ten acuwe duty dalu4WO Mr 367 days Preceding Ore A465Y t)edy status Date The Membef or l t ter Urd Was NwUdl of a Ft&n CaHV b Active Duty on AtlNa Duty St"Date order NoCkabm Shin Date order Nofregraon Erid DaEe Status Service CarrWarw a NA NA No NA Trim response redacts Whether Uic Nmviduat of Itialharutlt hoc recetvad Varty notdWbW to report for active duty Upon searching the data banks of the Department of Defense Manpower beta Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,Space Force,NOAA,Public Health,and Coast Guard). This status includes information on a Setvicemember or his/her unit receiving notification of future orders to report for Active Duty. -_3 Sam Yousefzadeh,Director RS Department of Defense-Manpower Data Center C+r 48W Mark Center Drive,Suite 04E25 Alexandria,VA 22350 S_'_l The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§3901 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940).DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate.In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service.Service contact information can be found on the SCRA website's FAQ page(Q35)via this URL:https:/Iscra.dmdc.osd.mil/scra/#/fags.If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you.See 50 USC App.§3921(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is brdader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause;an erroneous certificate to be provided. t i fti5 C:y f� IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC Plaintiff, EQUITY NO: EQCV085028 AFFIDAVIT OF MAILING VS. NOTICE OF INTENT TO FILE WRITTEN Iowa City; APPLICATION FOR DEFAULT Defendants. STATE OF NEBRASKA ) )ss: COUNTY OF DOUGLAS ) The undersigned, first being duly sworn on oath, states that on the 9th day of October, 2024, each of the following named persons were sent a Notice of Intent to File Written Application for Default for having failed to file an answer (true, correct and genuine copies of such Notices are collectively attached and made a part hereof) by U.S. Mail; each such notice, being mailed in the sealed envelope with proper postage addressed to the same persons respectively at their last known Post Office addresses, by depositing in a United States Post Office mail receptacle. Iowa City c/o Kellie Grace, City Clerk 410 E. Washington St Iowa City, IA 52240 SouthLaw,P.C. r� Richard Reinblatt(AT0009194) 10855 W Dodge Road Suite 250 c Omalia,NE 68154 .. (913) 663-7600 Rieliard.Reinblatt@southlaw.com Attorneys for Plaintiff Date: November 19, 2024 Subscribed and sworn to before me on /yyF#l)?Mr1 , 207y. ERA1 NOi�Afill Stye d Mebr SERENA JO[-NSON Comm.E.Kp,Qctober 11.2027 Notary 1Xublic STATE OF NEBRASIC , COUNTY OF DOUGLAS My Commission Expires: 1 File No. 239869 I IIIIIIIIIIIIIIII�IIIIIIII�IIII�II�IIIIIIIIIIIIIII�IIIII '.. IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services,LLC PlaintiZ EQUITY NO: EQCV085028 VS. NOTICE OF INTENT TO Iowa City,et al. APPLY FOR DEFAULT JUDGMENT ; Defendants. -' TO THE PERSONS LISTED BELOW: Iowa City r , c/o Kellie Grace,City Clerk 410 E.Washington St Iowa City,IA 52240 DATE OF NOTICE: October 9,2024 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED Or YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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. Respectfully submitted, SouthLaw, P.C. /s/Richard Reinblatt Richard Reinblatt(AT0009194) 10855 W Dodge Road,Suite 250 Omaha,NE 68154 (402)342-4644,ext. 353 (402)342-4648(Fax) Richard.Reinblatt@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE, File No. 239869 I I�IIII�IIII IIII l�lll IIIII�AI IIII IIII��lll IA III�IU E-FILED 2024 NOV 18 4:52 PM JOHNSON - CLERK OF DISTRICT COURT IN TIIF,IOWA DISTRICT COURT OF JOIINSON COUNTY Carrington Mortgage Services, I ,C Plaintiff, EQUITY NO: EQCV085028 AFFIDAVIT IN SUPPORT OF VS. JUDGMENT Peggy A. L. Waters; Scott R. Waters; University of Iowa Credit Union ,00a U of l Community Credit Union nWa GrecnState Credit 11nion; Parties in Possession; Iowa City, r, Defendants, state of ) ) ss County of-00 ) AFFIDAVIT' Jennifer Ann Lozano of lawful age being just duly sworn, on oath states: I. He/she is an Supervisor Default of Carrington Mortgage Services, LLC, ("Plaintiff"), is familiar with the (acts of this case and is authorized to make this affidavit on its behalf. 2. In niy capacity as Supervisor Default I have knowledge of and am familiar with the practice of Carrington Mortgage Services, LLC and the mortgage-servicing industry in creating, keeping, and maintaining business records. I have access to the business records of Carrington Mortgage Services, LLC, including the business records for and relating to Borrower's loan. i make this Affidavit based upon my review of those records relating to the Borrower's loan and from my own personal knowledge of how they are kept and maintained. The loan records for the Defendant Borrower are maintained by Carrington Mortgage Services, LLC in the course of its regularly conducted business activities and are made at or near the fime of the event, by or from information transmitted by a person with knowledge, The loan records accurately reflect the amounts due and owing by Defendant as set forth herein, It is llne regular practice to keep such records in the ordinary course of a regularly conducted business activity, 3, Carrington Mortgage Services, LI,C, or Carrington Mortgage Services, LLC through its agent, was in possession of the Note at the time of filing this action and at all dines thereafter. 4. I am aware of the physical location of the original tNote. 5. Borrower(s)were required to make installment payments under the Note. 6. Peggy A. L, Waters has/have failed and refused to make the installment payments as they have become due under the Note and Mortgage since October 1,2023. File No.239869 Case No. LQCV085028 E-FILED 2024 NOV 18 4:52 PM JOHNSON -CLERK OF DISTRICT COURT 7. The Defendant(s) remain delinquent on their payments an the Note, and pursuant to the temrs of the Note and Mortgage, Plaintiff has declared the entire indebtedness due and payable as follows: a. The unpaid principal balance ol'the Note in the sum of'$106,013.25. b. The unpaid interest accruing at the rate provided in the Note from and after September I, 2023 through November 22, 2024 is$6,326.87, still accruing until the date of judgment. c. Accrued late charges in the amount of$159.32 d, Property Inspection $240.00 e. Escrow Advance$9,541.06 f. Prior Foreclosure Fees and Costs $3,679.62 g, All sums paid by Plaintifi'or due from the Defendant prior to sale for real estate taxes and hazard insurance premiums; It. All sums paid by Plaintiff or due from the Defendant prior to sale for property inspections or maintenance expenses, if applicable; Carrington Mortgage Services,LLC. By: &M25::5a I I�kU Title: 0 Jennifer Ann Lozano Date; I Supervisor Default A notary public or oilier ofticcr completing this certificate ve6rics only the identity of the individual who signed the dOCUAttcnl,to Which this certificate i.s CAUFORNIA JURAT attached,and not the truthfulness,accuracy,or validity of that dw:u¢ilcitt. State of California County of Grange Subscribed and sworn to (or affirmed) before me on this fit- day of NCUeMVper 2024 by — - - JunkAnn L m _ proved to me on the basis of satisfactory evidence to be the person who appeared before me, REBECCA PAYErrA Notary Public Calltorhla i Orange County Cnmrnlssion N 250103@ my Comm.Expires tact 27,ms — (IVoutry Sena) '.' Signature r�. I File No.239869 Case No.T QCV095028 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC Plaintiff, EQUITY NO: EQCV085028 VS. - APPLICATION FOR Peggy A. L. Waters; Scott R. Waters; University of Iowa Credit ATTORNEY'S FEES Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union; Parties in Possession; Iowa City; Defendants. COMES NOW, Richard Reinblatt of the firm of Soutkaw, P.C., as attorney for the Plaintiff, Carrington Mortgage Services, LLC, 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 February 2,2024. 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 Feed 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 f66s to be determined by the Court. See Iowa Code § 625.22 (2009). C7� S. Plaintiff's Counsel affirms that the service fees and publication costs(if any) contained in Plaintiff s proposed Decree of Foreclosure are true and correct. 7) 6. Attached to this Application and marked as Exhibit "I", is an itemization of attorney's time spent in connection with this action. The reasonable value of the attorney's time is $2,700.00. WHEREFORE, the Plaintiff, Carrington Mortgage Services, LLC, respectfully requests the Court to grant the sum of$2,700.00 as part of the judgment which may be entered herein. Richard Reinblatt(AT0009194) Attorney for Plaintiff 1 File No. 239869 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�lllll�lllllllllll�� llll[�I 1` ] 3—,d _.. Invoice No. 239869-1021864 Professional Services rendered for the following: Re: Peggy A. L. Waters and Scott R. Waters Foreclosure EXHIBIT"1" STATEMENT OF ATTORNEY FEES Order initial title report and review for issues and encumbrances Prepare and send FDCPA validation letter and pre-foreclosure notices Confirm notice of right to cure has been given; prepare and send 14 day acceleration letter with mediation notice Prepare, file and execute Petition and notice documents Review and update title report re: intervening liens and listing in Lis Pendens Review and update file with service results Prepare and send notices of intent to default Review court docket for Answers Perform milestone SCRA and PACER bankruptcy searches Correspond with client to obtain breakdown of total debt owed, prepared affidavit of indebtedness to be executed in support of judgment Check Iowa Courts Online for Answers Prepare, execute and file Plaintiffs Application for Default Judgment, Affidavit of Court Calendar and Military Search, Application for Attorney fees and Foreclosure Decree Draft Exhibit"1" Statement of Attorney Fees and attach to Application for Attorney Fees. Draft Praecipe for Special Execution and letter to Clerk re: filing the same. Total Fees: $2,700.00 EXHIBIT"1" " 2 File No. 239869 ! IIIIIIIIIIIIIIIII�IIIIIIII IIIIIIIIIII�IIIIIIIII�II III IIII Invoice No. 239869-1021864 END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Wednesday, November 20, 2024 10:56 AM To: Mary McChristy; Michelle Cook; Rebecca Passavant Cc: Kellie Grace Subject: Lawsuit Attachments: lawsuit.pdf Please see the attached. Thanks, 111=1111 19WA CITY ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WMICGOV.ORG DEPUTY CITY CLERK 0 0 0 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 *why this matters "The beauty of the world lies in the diversity of its people."-Anonymous ' FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at ICGOV.ORG/FAREFREE 1 E-FILED 2024 NOV 14 2:03 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JORDAN T.ARNOLD, Plaintiff, ORIGINAL NOTICE V. CITY OF IOWA CITY, Defendant. TO THE ABOVE-NAMED DEFENDANT: You are notified that a petition has been filed in the office of the clerk of this court naming you as a Defendant in this action. A copy of the Petition (and any documents filed with it) is attached to this notice. The attorney for the Plaintiff is Neven J. Mulholland, 809 Central Avenue, Suite 600, Fort Dodge, Iowa 50501. That attorney's phone number is 515-573-2181; facsimile number 515-573-2548. THIS CASE HAS BEEN FILED IN A COUNTY THAT UTILIZES ELECTRONIC FILING.Therefore,unless the attached signature page contains a hearing date for your appearance, or unless you obtain an exemption from eFiling from the court,you must file your Appearance and Answer electronically. You must register to eFile through the Iowa Judicial Branch website at https://www.iowacourts.state.ia.us/EFile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM, also available on the Iowa Judicial Branch website. FOR COURT RULES ON THE PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16. UNLESS YOU APPEAR by completing and filing an Appearance and Answer using the Iowa Judicial Branch Electronic Filing Interface at https://wwwiowacourts.state,ia.us/EFile within 20 days after service of this original notice upon you,judgment will be entered against you upon plaintiff's claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by filing an Appearance and Answer using the Iowa Judicial Branch Electronic Filing Interface within 20 days after service of this original notice upon you,you will then receive electronic notification through the Iowa Electronic Document Management System of the place and time assigned for hearing. E-FILED 2024 NOV 15 8:17 AM JOHNSON-CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. LACV085845 County Johnson Case Title JORDAN T. ARNOLD V. CITY OF IOWA CITY 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.iowccourts.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 wwNv_.legi.s._itswa.gi-)v/cloes/ACO/CourtRutesChaptcr/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.iowEicourts.gov/for-the-public/re prescnt'sngryourse:ll'lprotect-personal-inforin2itioti/. Scheduled Hearing: (1) Ln �r L7�-- Cj _—Ca 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.iowacourt,.gov/for-tllC-lrublic/ada/. Disability access coordinators cannot provide legal advice. Date Issued 11/15/2024 08:17:28 AM District Clerk of Court or/by Clerk's Designee of Johnson County /s/Christine Roselund E-FILED 2024 NOV 14 2:03 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JORDAN T.ARNOLD, Plaintiff, PETITION AT LAW V. CITY OF IOWA CITY, Defendant. COMES NOW the Plaintiff, Jordan T.Arnold, by and through his attorneys, hereby states his claim against the Defendant, City of Iowa City, as follows: l. The Plaintiff,Jordan T.Arnold,is a single person and resides in Las Vegas,Nevada. 2. The Defendant, City of [owa City, is a governmental entity duly organized and existing in the United States of America with its seat of government in Iowa City,Johnson County, Iowa, 3. On or about April 13, 2023, at approximately 3:00 p.m., the Plaintiff, Jordan T. Arnold, was riding his bicycle southbound on the Iowa River Corridor Bike Trail just north of the railroad track tunnel on the University of Iowa Campus in Iowa City, Iowa. 4. At the aforementioned time and place, the Plaintiff, Jordan T. Arnold, while riding his bike on the Iowa River Corridor Trail, encountered an elevated slab of concrete causing him to lose control of his bicycle and fall to the ground. 5. The Plaintiff, Jordan T. Arnold, suffered injuries as a result of the accident described herein. 6. Upon information and belief, the property described in paragraph-3 was awned by the State of Iowa. w E-FILED 2024 NOV 14 2:03 PM JOHNSON -CLERK OF DISTRICT COURT 7. Upon information and belief,the State of Iowa granted the Defendant, City of Iowa City, an easement to construct and maintain a recreational trail on the property described in paragraph 3 herein. 8. Upon information and belief, the Defendant, City of Iowa City, its agents or its employees, allowed the concrete trail to become elevated creating a dangerous condition. 9. The Defendant,City of Iowa City, knew or in the exercise of reasonable care should have known, that the elevated concrete on the portion of the trail where Plaintiff, Jordan T.Arnold was injured, created an unreasonable risk of injury to a person in the Plaintiff, Jordan T.Arnold's position. 10. The Defendant,City of Iowa City,knew or in the exercise of reasonable care should have known, that the Plaintiff, Jordan T. Arnold, would not discover the dangerous condition in sufficient time to protect himself from injury. 11. The Defendant, City of Iowa City, was generally negligent in its operation and maintenance of the trail on which the.Plaintiff, Jordan T.Arnold, was injured. 12. The Defendant, City of Iowa City,through its employees and agents, was negligent in: a. Failing to use ordinary and reasonable care to maintain the trail on which the Plaintiff, Jordan T.Arnold was injured, in a reasonably safe condition for usual and ordinary recreational use; b. Failing to properly repair the portion of the trail where the Plaintiff, Jordan T.Arnold, was injured; c.Lr) Failing to eliminate the dangerous condition that existed on the portion of the trail where Plaintiff, Jordan T.Arnold, was injured; d. `laJ'ling to warn against the dangerous condition that existed on the portion cw vfe trail where Plaintiff, Jordan T.Arnold, was injured; and e. 'th'.unspecified acts of negligence. 2 E-FILED 2024 NOV 14 2:03 PM JOHNSON-CLERK OF DISTRICT COURT 13. The aforesaid negligence was the proximate cause of injuries and damages sustained by the Plaintiff, Jordan T. Arnold. 14. The Plaintiff, Jordan T.Arnold, has been damaged in the following particulars, to- wit: a. Past and future medical expenses; b. Past and future loss of income; C. Impairment of earning capacity; d. .Past and future loss or impairment of full mind and body; and e. Past and future physical/mental pain and suffering. 15. The Plaintiff, Jordan T.Arnold, has been damaged for the reasons as set out above and as a result thereof,is entitled to fair and reasonable compensation in excess of the jurisdictional amount for small claims court. WHEREFORE, Plaintiff, Jordan T. Arnold, PRAYS for judgment against the Defendant, City of Iowa City, and for fair and reasonable compensation together with interest as provided by law and the costs of this action. JOHNSON,MULHOLLAND, COCHRANE, COCHRANE,YUNG& ENGLER, P.L.G. By Neven J. Mulholland AT0005599 809 Central Avenue—Suite 600 Fort Dodge, IA 50501 Telephone: 515-573-2181 Facsimile: 515-573-2548 E-mail: Neven.Mulholland JohnsonL wlA.com ATTORNEY FOR PLAINTIFF 3 f E-FILED 2024 NOV 14 2:03 PM JOHNSON -(;LtKK ur- uib I nit,I wurc IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JORDAN T.ARNOLD, Plaintiff, DEMAND FOR JURY TRIAL V. CITY OF IOWA CITY, Defendant. COMES NOW the Plaintiff, Jordan T.Arnold, by and through his attorneys, and hereby demands a jury trial on all issues herein. JOHNSON, MULHOLLAND, COCHRANE, COCHRANE,YUNG & ENGLER, P.L.C. n � B - Neven J. M lholland AT0005599 809 Central Avenue—Suite 600 Fort Dodge, IA 50501 Telephone: 515-573-2181 Facsimile: 515-573-2548 E-mail: NeVen.MILIholland @JohnsonLawlAxoin ATTORNEY FOR PLAINTIFF �cE - cJ 1 END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Monday, December 2, 2024 9:36 AM To: Mary McChristy; Michelle Cook; Rebecca Passavant Cc: Kellie Grace Subject: Lawsuit Attachments: lawsuit.pdf See attached. I1=111 I J:WA CITY ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW.I000V.ORG DEPUTY CITY CLERK 0000 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 {why this matters "The beauty of the world lies in the diversity of its people."-Anonymous Iowa FARE FREE LearnCmore at ICGOV.ORG/FAREFREE CASE NO: TITLE: Public records from the Iowa District Court are available on the internet at www.iowacourts.gay. Fines for traffic citations, civil infractions and criminal cases can be paid via the Pay Fines Online link at the above web address. Have you moved or changed your name? If so, please complete the following and return to: JOHNSON COUNTY CLERK OF COURT 417 S CLINTON ST IOWA CITY IA 52240-4108 New name and/or address: ----------------------------------------------_-__---------_--------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------_ JOHNSON COUNTY CLERK OF COURT 417 S CLINTON ST IOWA CITY IA 52240-4108 r� CITY OF IOWA CITY, IOWA 410 E WASH INGTON ST IOWA CITY IA 52240-1825 E-FILED EQCV085028 -2024 NOV 22 10:56 AM JOHNSON CLERK OF DISTRICT COURT Page 1 of 7 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services,LLC ) Plaintiff, ) EQUITY NO: EQCV085028 -a vs. ) FORECLOSURE DIXREE IN REM `s Peggy A. L.Waters; Scott R.Waters; University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a ) - GreenState Credit Union; Parties in Possession; Iowa City,et al. - t Defendants. CD At this time, the above matter comes before the Court on Plaintiffs Application for Default Judgment. Plaintiff appears in writing by and through its attorney, Richard Reinblatt of the firm of SouthLaw, P.C. University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union appears by and through attorney, Christopher E. Pech who filed a Consent to Decree and Answer. There are no other appearances. 1. From an inspection of the file,the court finds that Plaintiff has supported its application for default judgment as provided in Iowa R.Civ.P. 1.972, and that Defendants Peggy A. L. Waters, Scott R. Waters, and Iowa City have failed to answer or appear, by affidavit or otherwise. Defendants have been duly and properly served and are within the jurisdiction of the court. Plaintiff has also served Defendant Iowa City with NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR DEFAULT pursuant to Iowa R.Civ.P. 1.972(2) by sending such Notice by ordinary mail to the last known address of the party claimed to be in Default and its attorney,if known,and more than ten days have elapsed since serving such notice. No such notice was necessary for Defendants Peggy A. L. Waters and Scott R. Waters as said Defendants were served via publication. The Court finds that no defendant against whom a personal judgment is sought is under a legal disability,nor an inmate in any governmental institution;nor is any such defendant a member of the Armed Forces of the United States. Default is therefore entered against defaulting Defendants Peggy A. L.Waters, Scott R.Waters,and Iowa City. 2. There are no Parties in Possession the Property as the property is vacant, as reflected on 1 File No. 239869 I NII11 I 111111111111 IN 1111111111111111111 E-FILED EQCV085028 -2024 NOV 22 10:56 AM JOHNSON CLERK OF DISTRICT COURT Page 2 of 7 the Returns of Service filed;therefore Parties in Possession are dismissed as parry defendants. 3. The Court further finds that Defendant University of Iowa Credit Union aWa U of I Community Credit Union n/k/a GreenState Credit Union has filed a Consent to Decree and Answer in response to Plaintiff's Petition,which document sets forth that if a decree is entered, Defendant University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union admits its lien is junior to the subject mortgage such that Defendant University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union consents to treatment as a junior lien holder and requests only that such decree provide that any surplus proceeds remaining after the satisfaction of the amounts due Plaintiff,if any,be distributed to junior lien holders in accordance with their lawful priority. ra a ;The Court further finds, from inspection of the file,that the facts as alleged in Plaintiff's Petition"die true,.that Plaintiff is holder of the promissory note (the "Note") marked Exhibit "A" and Mortgage(the"Mortgage"),marked Exhibit`B"as attached to Plaintiff's Petition. The Court further finds �.a that the Ng-te and Mortgage are due and unpaid,and that Plaintiff is entitled to judgment of foreclosure. 5. The Court further finds that the Mortgage is a first lien on the following described real property and improvements thereon: Lot Eighty-One (81) and beginning at the northeast corner of said Lot 81, thence easterly 25.15 feet along a 275 foot radius curve concave northerly,which is also the southerly line of Edingale Drive;thence southwesterly 114.53 feet to the southwesterly corner of Lot 80,thence northerly 110.13 feet along the westerly line of said Lot 80 to the point of beginning, all in Part Two Bryn Mawr Heights, an Addition to the City of Iowa City,Iowa, according to the plat thereof recorded in Plat Book 6,Page 48,Plat Records of Johnson County,Iowa. More Correctly Known As: Lot Eighty-one (81), and beginning at the northeast corner of said Lot 81, thence easterly 25.15 feet along a 275 foot radius curve concave northerly,which is also the southerly line of Edingale Drive;thence southwesterly 114.53 feet to the southwesterly corner of Lot 80,thence northerly 110.13 feet along the westerly line of said Lot 80 to the point of beginning, all in Part Two Bryn Mawr Heights, an Addition to the City of Iowa City,Iowa, according to the plat thereof recorded in Plat Book 6, Page 48, Plat Records of Johnson County, Iowa., commonly known as 1221 Edingale Dr,Iowa City, IA 52246-4806 (the "Property"). Plaintiff's lien is prior and superior to any right, title, lien or interest of the Defendants. Any right, title and/or interest of each and all of the Defendants in and to the property which is the subject of this action is junior and subordinate to the right,title and/or interest of the Plaintiff in and to the Property. 2 E-FILED EQCV085028 -2024 NOV 22 10:56 AM JOHNSON CLERK OF DISTRICT COURT Page 3 of 7 6. The Court further finds that the Property is a one-or two-family dwelling,is not agricultural land, and is not used for agricultural purposes or farming purposes as defined in Iowa Code Sections 9H, 175.2, &535.13. 7. The Court further finds that no demand for delay of sale has been filed. 8. The Court further finds that the Plaintiff has a valid, first and paramount lien and that the priority of the junior lien holders should be established if there is a surplus remaining after satisfying the Mortgage and all costs including amounts advanced for taxes,insurance,and attorney's fees,and should be paid to the junior lien holders as their interest may appear. 9. The Court further finds that Plaintiff filed its foreclosure Petition without redemption, therefore,no rights of redemption will be allowed after Sheriff's sale and the purchaser at the sale is entitled to immediate possession of the Property. THEREFORE, IT IS ACCORDINGLY ORDERED, ADJUDGED AND DECREED that Plaintiff have and recover an in rem judgment against the Property for the following amounts,plus interest on the principal from September 1, 2023 at the rate of 4.875%until the date of judgment, and continuing thereafter at the contract rate until paid in full: Unpaid Principal Balance $106,013.251 Accrued late charges in the amount of $158.32 = r..) Property Inspection $240.00 77� ` Prior Foreclosure fees and court costs $3,679.62 Escrow Advance $9,541.06 J Attorney Fees Total: $2,700.00 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the costs of this action, including the costs of any Sheriffs Sale of the Property,are awarded to Plaintiff,including but not limited to the following: First Class Mail -Automated $2.82 Title Commitment-Commitment Fee $175.00 Filing Fee -Petition $255.00 3 E-FILED EQCV085028 -2024 NOV 22 10:56 AM JOHNSON CLERK OF DISTRICT COURT Page 4 of 7 C. Process Service -Regular Fee $355.00 Publication -Notice of Suit $443.16 cFlaintiff is also granted judgment for any sums advanced or to be advanced by the Plaintiff prior to - the dat�f sale for real estate taxes and hazard insurance premiums, property preservation costs, and the costs of-the sale, including publication charges, and fees and costs advanced in a bankruptcy proceeding from the date of this judgment to the date of sale. These judgments are to bear interest at the contract rate. IT IS ADDITIONALLY ORDERED, ADJUDGED AND DECREED that Defendant University of Iowa Credit Union a/k/a U of I Community Credit Union n/k/a GreenState Credit Union holds a junior lien upon the described real estate as set forth in Plaintiff's Petition and said Defendant's Consent to Decree and Answer, and any proceeds remaining after the satisfaction of the indebtedness and costs due Plaintiff, if any, shall be distributed to junior lien holders(including said Defendant)in accordance with their lawful relative priority. IT IS ADDITIONALLY ORDERED,ADJUDGED AND DECREED that in the event Plaintiff has advanced or is required to advance any further sums for including but not limited to taxes, insurance, property inspections,property maintenance or any other property preservations advances to be made prior to sale for the above described real estate,Plaintiff be given an additional lien against the real estate for the amount so advanced of priority equity to its mortgage lien. IT IS ADDITIONALLY ORDERED, ADJUDGED AND DECREED that the Mortgage dated October 9, 2009, recorded on October 16, 2009, in Book No. 4516, at Page 582-596 of the Office of the Recorder of Johnson County, be and the same is foreclosed; that the right, title, lien, and interests of the Plaintiff in and to said mortgaged premises and all improvements thereon be, and is established as a first and prior lien against the real estate above described and is superior and paramount to the interest, liens, and claims of each and all Defendants and that said Mortgage is foreclosed and all claims, right,title,and interest of the Defendants in this suit,and each of them,in or to or upon said real estate, are decreed to be 4 E-FILED EQCV085028 -2024 NOV 22 10:56 AM JOHNSON CLERK OF DISTRICT COURT Page 5 of 7 junior and inferior to the rights and liens of Plaintiff and that the right,title,and interest of the Defendants, and each of them, are forever barred and foreclosed. IT IS ADDITIONALLY ORDERED,ADJUDGED AND DECREED that special execution may issue for the sale of the Property immediately upon entry of this Decree (subject to any demand for delay of sale as may be set forth),or so much as is necessary to satisfy Plaintiff's judgment,together with interest, costs, and accruing costs, to satisfy the judgment entered. The Property shall be sold for the purpose of satisfying Plaintiff's judgment,whether partially or in total. That from and after the sale,under said special execution, the Defendants, and each of them, and all persons claiming by, through, and under them, are forever cut off,barred, and foreclosed of all right,title,lien,and interest to the Property. IT IS ADDITIONALLY ORDERED,ADJUDGED AND DECREED that there shall be no period of redemption for the mortgaged real estate following execution sale, Plaintiff having elected foreclosure without redemption. IT IS ADDITIONALLY ORDERED, ADJUDGED AND DECREED that Plaintiff i�!Sntitled to immediate execution of its judgment upon entry of this decree, no demand for delay of Sale 13'aying been filed. c IT IS ADDITIONALLY ORDERED, ADJUDGED AND DECREED that if possession not immediately surrendered to the grantee of the Sheriffs deed,a Writ of Possession shall be issued directing the Sheriff of this County to place the grantee in immediate possession of the Property. IT IS ADDITIONALLY ORDERED, ADJUDGED AND DECREED that this Court reserves jurisdiction over the parties and the subject of this action to set aside this foreclosure decree and reinstate the Note and Mortgage foreclosed upon if the same is requested by the holder of this judgment. IT IS FURTHER ORDERED that, if the underlying Mortgage is assigned prior to the sheriff sale, and Plaintiff or its assignee is the winning bidder at the sale, the sheriff shall, on demand of Plaintiff's counsel, issue the sheriff's deed in the name of assignee. 5 E-FILED EQCV085028 -2024 NOV 22 10:56 AM JOHNSON CLERK OF DISTRICT COURT Page 6 of 7 IT IS FURTHER ORDERED that this Court will retain jurisdiction over this Action for all matters to produce merchantable title to the buyer at the Sheriffs Sale or any other necessary matters, as shall be appropriate in the circumstances. IT IS SO ORDERED. Clerk to notify. 0 6 E-FILED EQCV085028 -2024 NOV 22 10:56 AM JOHNSON CLERK OF JCT COURT Page 7 of 7 r x State of Iowa Courts Case Number Case Title EQCV085028 CARRINGTON MORTGAGE SERVICES, LLC VS PEGGY WATERS ET AL Type: Other Decree So Ordered Justin Lightfoot,District Court Judge Sixth Judicial District of Iowa Electronically signed on 2024-11-22 10:56:42 T1 9 �RJ C� E� NOTICE OF ELECTRONIC FILING OR PRESENTATION [NEF] A filing has been submitted to 06521 EOCV085028 the court RE: Judge: Official File Stamp: 1 1/22/2024 1 0:56 AM Court: JOHNSON Case Title: CARRINGTON MORTGAGE SERVICES, LLC VS PEGGY WATERS ET AL Document(s) Submitted: DDOT-Other Decree FORECLOSURE DECREE IN REM Filed by or in behalf of: JUSTIN LIGHTFOOT You may review this filing by clicking on the following link to take you to your cases. This notice was automatically generated by the courts auto-notification system. The electronic filing system has served the following people CHRISTOPHER E PECH for GREENSTATE CREDIT UNION FKA UNIVERSITY OF IOWA COMMUNITY CREDIT UNION RICHARD ADAM REINBLATT for CARRINGTON MORTGAGE SERVICES LLC PARTIES NOT SERVED BY EDMS The Iowa Electronic Document Management System has not served the following parties. Per rule 16.315(2), the filing party must serve a paper copy of the filed 09cument(s) on the following parties in the manner required by Iowa Court Rules. * ;' ;7 CITY OF IOWA CITY, IOWA PEGGY ALMALYNN WATERS - . 77. SCOTT RICHARD WATERS - Note: The rules define the clerk of court as responsible for service of court-generated documents. Additionally on small claims cases that by statute can be served by certified mail, when the filer has selected and paid for certified mail in the electronic filing system or at the clerk of court office, the clerk of court is responsible for service of the original notice and answer and appearance by certified mail in accordance with the Code of Iowa. *The moving party or the individual who filed it is responsible for service of a document if it was not served by EDMS. That includes, but is not limited to, service of all petitions and original notices [rule 16.314(3)], service of documents on all parties seeking to intervene or nonparties [rule 16.319], service of all documents on non-registered parties [rule 16.315(2)], and service of all documents proposed for restricted access and filed under an order restricting access [rule 16.405(4)]. E-FILED EQCV085028 -2024 NOV 22 02:40 PM JOHNSON CLERK OF DISTRICT COURT Page 1 of 1 In the Iowa District Court for JOHNSON County Case No.:06521 EQCV085028,CARRINGTON MORTGAGE SERVICES,LLC VS PEGGY WATERS ET AL Notice Date: 11/22/2024 Registration Requirement Registration is required to use the Iowa court system's Electronic Document Management System(EDMS). Go to the Iowa Judicial Branch website at littps://nv►i•w.ion-acoiuls.state.ia.►islEFile/and obtain a login and password for the purposes of filing and viewing documents on your case and of receiving notification of filings,court rulings and events. Your registration constitutes your request for and consent to electronic service of court-generated documents and documents filed electronically by other parties. After you have registered,you must verify that you are able to access your case online. To enable access to your case,do one of the following: *Electronically file a Notice of Case Associatign. For help,see the eFiling training documents at littn:Ih►�►►+.io►►aco�uts.govl eFiliiiafTraiiiiiia Docuni I t If your case is confidential,you may need to contact the clerk of court to get access to the case online. Registration and Electronic Filing is Mandatory You have ten(10)calendar days from the date of this notice to register. If you are a self-represented civil party on this case,after that deadline the clerk of court will not continue to serve you in paper (the clerk of court will discontinue mailing court orders to you). If you are a self-represented party who has filed this case and fail to register or receive an exemption,your case may be dismissed. If you are a self-represented civil party named in a petition and fail to register or receive an exemption,a default judgment may be rendered against you. Exeggtions.if you cannot electronicali file:Upon showing of exceptional circumstances,the chief judge of the district in which a case is pending may grant you an exception from registering and filing electronically. Read Chapter 16: Rules Pertaining to the Use of the Electronic Document Management System(EDMS),available on the Iowa Judicial Branch Filer's Interface at littns://►�ir►►.ion acourts.state.ia.us/EFH before you register for or use EDMS. For court rules on the protection of personal information in court filings,refer to the Iowa Court Rules,Chapter 16,Division VI. 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. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942) Disability coordinators can not give legal advice. , -t i a NOTICE OF ELECTRONIC FILING OR PRESENTATION [NEF] A filing has been submitted to 06521 EQCV085028 the court RE: Judge: Official File Stamp: 11/22/2024 02:40 PM Court: JOHNSON Case Title: CARRINGTON MORTGAGE SERVICES, LLC VS PEGGY WATERS ET AL NCCO-NOTICE OF COMPLIANCE TO CONVERSION ORDER RE Document(s) Submitted: EDMS REGISTRATION REQUIREMENT Filed by or in behalf of: You may review this filing by clicking on the following link to take you to your cases. This notice was automatically generated by the courts auto-notification system. The electronic filing system has served the following people CHRISTOPHER E PECH for GREENSTATE CREDIT UNION FKA UNIVERSITY OF IOWA COMMUNITY CREDIT UNION RICHARD ADAM REINBLATT for CARRINGTON MORTGAGE SERVICES LLC e PARTIES NOT SERVED BY EDMS The Iowa Electronic Document Management System hCs not served the following parties. Per rule 16.315(2), the filing party must serve a paper copy of the filed*ument(s) on the following parties in the manner required by Iowa Court Rules. CITY OF IOWA CITY, IOWA IN REM REAL ESTATE PEGGY ALMALYNN WATERS SCOTT RICHARD WATERS Note: The rules define the clerk of court as responsible for service of court-generated documents. Additionally on small claims cases that by statute can be served by certified mail, when the filer has selected and paid for certified mail in the electronic filing system or at the clerk of court office, the clerk of court is responsible for service of the original notice and answer and appearance by certified mail in accordance with the Code of Iowa. "The moving party or the individual who filed it is responsible for service of a document if it was not served by EDMS. That includes, but is not limited to, service of all petitions and original notices [rule 16.314(3)], service of documents on all parties seeking to intervene or nonparties [rule 16.319], service of all documents on non-registered parties [rule 16.315(2)], and service of all documents proposed for restricted access and filed under an order restricting access [rule 16.405(4)]. END OF CASE FILE Kellie Grace From: Kellie Grace Sent: Monday, December 16, 2024 10:58 AM To: Mary McChristy Subject: RE: New Short's Lawsuit - City Acceptance of Service Attachments: Acceptance of Service.pdf, Perez vs City, HPC, Bristow & Sellergren EQCV085841.pdf Attached. Should I also send this to Michelle Cook? omISWA CITY A UNESCO CITY OF LITERATURE Xeffie Cyr^ace, CVC City Clerk office:319-356-5041 410 E Washington St,Iowa City, IA 52240 WWW.ICGOV.ORG 0 00 Iowa City Transit is now FARE FREE! I O W A CITY Learn more at ICGOV_QRG/FAREFREE From: Mary McChristy<MMcchristy@iowa-city.org> Sent: Monday, December 16, 2024 10:52 AM To: Kellie Grace<KGrace@iowa-city.org> Cc: Liz Craig<Icraig@iowa-city.org> Subject: New Short's Lawsuit-City Acceptance of Service Hi, Kellie — There is a new lawsuit filed by Kevin Perez on file. Attached is the Original Notice and Petition. Also attached is an Acceptance of Service we need you to sign accepting service of the lawsuit by the City of Iowa city. Would you please sign the Acceptance and email it back to me? If you have questions, let me know. Thanks so much! ?'� ,a47 Mary McChristy Paralegal City Attorney's Office 2 356-5032 f IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY KEVIN L.PEREZ, ) No. EQCV085841 Plaintiff, ) V. ) CITY OF IOWA CITY, et al., ) ACCEPTANCE OF SERVICE Defendants. ) The undersigned hereby accepts service of the Original Notice and Petition in this matter filed with the Court on November 13,2024, on behalf of Defendant City of Iowa City. Dated on 2024. �J. Kellie k. Grace City Clerk—City of Iowa City 410 E. Washington Street Iowa City,IA 52240 E-FILED 2024 NOV 13 8:26 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY KEVIN L. PEREZ Plaintiff, Case No vs. CITY OF IOWA CITY, IOWA CITY HISTORIC PRESERVATION ORIGINAL NOTICE COMMISSION,JESSICA BRISTOW, & JORDAN SELLERGREN Defendants. TO THE ABOVE-NAMED DEFENDANT: You are notified that a petition has been filed in the office of the clerk of this court naming you as a 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 Plaintiffs attorney is Shawn Shearer, whose address is The Shearer Law Office, P.C., 108 Third Street, Suite 302, Des Moines, Iowa 30309; telephone number(214) 717-1-828; and email shawn@shearerlaw.pro. You are further notified that the above case has been filed in a county that utilizes electronic filing. Unless,within 20 days after service of this original notice upon you,you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County,at the courthouse in Iowa City,Iowa,judgment by default will be rendered against you for the relief demanded in the petition. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules 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, Julie Fette, 319-398-3920 (1105) or email julie.fette@iowacourts.gov. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942)• Disability coordinators cannot provide legal advice. IMPORTANT:YOU ARE ADVISED TO SEEK LEGAL ADVICE TO PROTECT YOUR INTERESTS c�-, E-FILED 2024 NOV 14 9:13 AM JOHNSON-CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV085841 County Johnson Case Title KEVIN PEREZ V. CITY OF IOWA CITY 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/does/ACO/CourtRuiesChapter/1.6.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 viww.iowacourts.goy/for--tlie-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.iowacol is.gov/for-the-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 11/14/2024 09:13:24 AM r' C�'-. CYY '• . 1 C-n District Clerk of Court or/by Clerk's Designee of Johnson County Is/Christine Roselund E-FILED 2024 NOV 13 8:26 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY KEVIN L. PEREZ, Plaintiff, NO. vs. CITY OF IOWA CITY, IOWA, IOWA CITY HISTORIC PETITION PRESERVATION COMMISSION, JESSICA BRISTOW, & JORDAN SELLGREN Defendant. COMES NOW the Plaintiff, by and through his undersigned counsel pursuant to Chapter 661, Code of Iowa and for his Petition for a Writ of Mandamus alleges: Parties 1. Plaintiff is an individual and a resident of Johnson County, Iowa. 2. Defendant The City of Iowa City (henceforth the "Iowa City" or the "City") is a city formed under the laws of the State of Iowa and located entirely in Johnson County, Iowa. 3. Defendant the Iowa City Historic Preservation Commission (henceforward the "Commission") is a Commission formed and controlle4y the City. a� ca r E-FILED 2024 NOV 13 8:26 PM JOHNSON-CLERK OF DISTRICT COURT 4. Defendant Jessica Bristow is an individual, a resident of Iowa City, an employee of the City with the title of Historic Preservation Planner within the City's Neighborhood and Development Services Department, and is named in that capacity only. 5. Defendant Jordan Sellgren is an individual, a resident of Iowa City, a member of the Commission, and current Chair of the Commission. Jurisdiction and Venue 6. This Court has subject matter jurisdiction over this cause pursuant to Iowa § 602.6101(2024) and § Iowa Code 661.3(2) (2004). 7. This is the Court of proper venue pursuant to Iowa Code § 616. (3)(2)((2004) and Iowa Code § 818,17 (2024). Facts 8. Plaintiff is a self-identified Hispanic-American. 9. Hispanics are a distinct minority in Iowa City. 10. Plaintiffs business is the tenant of real property located at 18 S. Clinton Street, Iowa City, Iowa 52240. 11. The building comprised of 18, 18 '/z & 20 S. Clinton Street in Iowa City (henceforth, the "Building") and its surrounding real estate plat is the only downtown Iowa City commercial building owned by an African- , American family for more than 98 years. ? 2 T. i (JI . E-FILED 2024 NOV 13 8:26 PM JOHNSON -CLERK OF DISTRICT COURT 12. The Building, and the businesses conducted there since its construction circa 1875,have a unique and significant value as a part of Iowa City's history of commerce and racial cooperation and is significant to the reconstruction and post-reconstruction advancement of immediate family members of former slaves and their descendants. The story of H.D. Short, who purchased the Building in or about 1925, who was the son of former slaves and then sharecroppers in Missouri, and his acceptance and growth as a landowner and commercial business operator from approximately 1890 to 1950 in Iowa City, together with his sons' continuation of that business and economic success thereafter, is a significant contributor to economic and social history and fabric of Iowa City. 13.The Building is associated with events that have made a significant contribution to the broad patterns of our history as a nation and a significant contribution to the patterns of the local history of Iowa City. 14. Since at least July 23, 2023, Plaintiff has attempted to address the Commission and present historical information regarding the Building and H.D. Short, and its contribution to these historic patterns. These requests h"e been made almost every month ever since. 15. During the time period alleged in the preceding, the Defendants lie failed and refused to allow any Hispanic or African-Americans to eithavor 3 E-FILED 2024 NOV 13 8:26 PM JOHNSON -CLERK OF DISTRICT COURT both address the Commission and submit historical findings, including Plaintiff, regarding the history of the Building and H.D. Short and his descendants. 16.During the same period of time, the Defendants have repeatedly allowed White individuals to present historical findings and propose projects or request recognition of White history in Iowa City. 17.The Commission, on its own initiative has held hearings and taken action sua sponte to recognize the history of White-owned buildings, even against the wishes of the owner of such properties. Mandamus 18. Plaintiff realleges preceding paragraphs 1- 17. 19.A writ of mandamus is available when an order commanding an inferior tribunal, board, corporation, or person to do or not to do an act, the performance or omission of which the law enjoins as a duty resulting from" office, trust, or station. 20. Defendants have avoided and refused to act or perform the 40ties` hd acts required by them under the Iowa Historic Preservation Plan (4dopte6y cn the Iowa City Council) and its obligations under the City's Certified Local Government Agreement entered with the State of Iowa under the State's authority granted to it under the National Historic Preservation Act of 1964. 4 E-FILED 2024 NOV 13 8:26 PM JOHNSON -CLERK OF DISTRICT COURT 21. Based on the Commission's historic practices and continuation of the exclusion of non-White Americans from presenting oral or documentary evidence, findings, and research regarding commercial buildings, and social and economic history of non-Whites to the Commission, and the repeated refusals of the Commission to allow a Hispanic resident present the story of the Building and H.D. Short to request that the City take action to preserve this history, this exclusion will continue until remedied by judicial orders that direct compliance with equal opportunity to present to the Commission. 22. Plaintiff certainly desires that the Building be recognized as a local landmark based upon its history significant to commerce and social development in Iowa City, the State of Iowa, and in the United States. However, this Petition does not pray for a writ of mandamus that prevents Defendants from exercising their discretion to deny Plaintiffs requested recognition of the Building and the history attached thereto upon presentation to the Commission and the City. 23.This Petition seeks only that Defendants allow Plaintiff, and/or his designees who have conducted the research regarding the Building and its history to which he is privy and has personally funded, to speak and present before the Commission in a session in which interaction with Commission members is authorized (i.e. not in public comment limited in time Ar 5 - � E-FILED 2024 NOV 13 8:26 PM JOHNSON-CLERK OF DISTRICT COURT presentation and subject to rules prohibiting interaction between Plaintiff and Commission members). 24. Plaintiffs requested presentation would be limited to presentation of materials as to the significant history of this Building and its owner to the economic and social fabric of Iowa City, and his request for the Commission to take action, in their discretion, to historically commemorate the nationally unique history of the Building, the nationally unique history of H.D. Short, and the history represented thereby that should be considered a national, state and local jewel of post-Civil War integration and commercial advancement. All of these issues, and the facts in support thereof, are worthy of at least discussion on the record before the very Commission charged with the duty of recording and preserving the history of Iowa City. 25.The history of Iowa City includes all races of persons who have, over time, shared this same geography, whether by force or by choice. 26. The Defendants should be ordered by mandamus to fulfill their statutory and ordinance responsibilities identified above and permit Plaintiff and his representatives with knowledge of the research and findings to present as the Defendants have allowed for other White citizens upon request or UPI the Commission and its members own sua sponte requests for action--: E-FILED 2024 NOV 13 8:26 PM JOHNSON-CLERK OF DISTRICT COURT WHEREFORE, Plaintiff prays the Court set this matter for hearing or trial and following the adjudication that Defendants have failed to perform a duty and act required by law and Defendant's own charter and commission. Respectfully submitted this 13' day of November, 2024. /s/Shawn Shearer (AT0014824) The Shearer Law Office, P.C. 108 Third Street, Suite 302 Des Moines, Iowa 50309-4758 Telephone (214) 717-1828 Email shawn@shearerlaw.pro ATTORNEY FOR PLAINTIFF M - c-a cam, • f hit /V 7