HomeMy WebLinkAbout2/27/02 court324greenmountainCITY OF IOWA CITY,
Plaintiff(s),
IN THE IOWA DISTRICT COURT IN AND F~I~R JOHNSON COUNTY-7 ! !_}- ~ SMALL CLAIMS DIVISION
"VS.
MARTIN ROBERT GAFFEY and
MARY BETH GAFFEY,
Defendant(s).
)
) NO. CISC053793
)
) ORDER RE: STATUS
)
)
)
) DATE: February 19, 2002
)
Plaintiff's Motion to Dismiss and Counterclaim by Defendants come before the
Court. Having reviewed the same and the file herein the Court FINDS that the Plaintiff's Motion to
Dismiss should be granted for the reasons set forth therein unless said Motion is contingent upon
Defendants' agreement to pay court costs. The Court further finds that the Defendants'
Counterclaim should be dismissed as there is no provision for the filing cfa counterclaim or joinder
of a civil claim with a municipal infraction. The issue of dismissal of the municipal infraction and
assessment of court costs remains.
IT IS THEREFORE HEREBY ORDERED that Trial/Hearing on Assessment of
Court Costs is set for March 15, 2002, at 9:00 A.M. unless the Plaintiff moves to dismiss and
waives the assessment of court costs against Defendants. Defendants' Counterclaim is dismissed
with costs, if any, assessed to the Defendants.
Clerk to notify.
STEPHEN C. GERARD II
District Associate Judge
2'-'?D '- 0 2- ,, ,,
Clerk's Office Per~nnel .Re~nsiblo
for Msgr.9 D~ume~t
COUNTERCLAIM
IN THE IOWA DISTRICT COURT
IN AND FOR JOHNSON COUNTY, IOWA
(Address)
INane)
(Address}
(Defendant(s)
(Name)
(Address)
VS.
(Name)
(Address)
COUNTERCLAIM
Small Ch, im No.. ~--"-.~ 'TJ?.~
Date Filed
TO: . PLAINTIFF(S}
YOU ARE HEREBY NOTIFIED that ~-'~t//'~' 7-~//~c.9~ /crd~
defendant(s), as counter-claimant(s), demand(s)from you the amount ors ~wl/., /--_--)~w -ba'~sed on (State briefly the
basis for the demand).
ice Personnel.Responsible
Document
Defendant(s)- Counter-cl~t(s)~
ATTORNEY FOR DEFENDANT
MEMORANDUM
Date:
To:
From:
Re:
February 4, 2002
Joan Siders, Housing Assistant
Sue Dulek, Assistant City Attorney
City vs. Martin Robert Gaffey & Mary Beth Gaffey, CISC053793
The Clerk of Court has given notice of a trial in the above case, set for
March 8, 2002, at 11:00 a.m. See copy attached.
Please send us copies of the following from your case file no later than February 28, 2002:
The citation(s) issued, with proof of service.
The Notice of Violation, with proof of service/mailing.
A chronology (from computer or front file cover) of inspector action
regarding the property.
- A brief description of photos or other evidence in file depicting the violation
(e.g. three photos of defective steps taken on __ by __).
- A copy of document(s) (deed, plat, zoning map, etc.) showing the defendant
and the cited property fall within the violation charged.
/ane
Attachment
Annen\formshnuni-mem.doc
IN THE IOWA DISTRICT COURT, [N AND FOR JOHNSON COUNTY
CITY OF IOWA CITY / HOUSING
Plaintiff
VS.
MARTIN ROBERT GAFFEY
MARY BETH GAFFEY
CASE N0.06521
ORDER SETTING
CHARGE
DATE 01/31/02
CISC053793
The defendant appears by
The plaintiff appears by IOWA CITY ATTORNEY'S OFFICE
Hearing on type of
( ) Restitution
( ) Motion to Dismiss
( ) Viol.No Cont. Order
( ) Show Cause BEP
( ) Bi[[ of Particulars
is set for the 03/08/02
a Judge of this Court.
( ) Sentencing ( ) Bond Forfeiture
( ) Motion to Suppress ( ) Motion in Limine
( ) Revocation of Prob. ( ) Show Cause
( ) Final Hearing ( ) App. to Withdraw
( ) Probable Cause
at 11:00 AM. in Iowa City, Iowa, before
The defendant's presence is required at all hearings.
[~] Clerk to notify.
[ ] Copy given to defendant/defense counsel.
[ ] Bail is
[ ] Warrant is recalled.
[ ] Surr~nons is recalled.
Judge of the Sixth Judicial District
If you require the assistance of auxiliary aids or services to
participate in court because of a disability, immediately call
your ADA coordinator at 1-319-]98-3920 ext 200. If you are
hearing impaired, call Relay Iowa TTY at 1-800-735-2942.
Clerk's Office Personne! Responsible
for ;~%iHn~ D~curnent
CITATION
MUNICIPAL INFRACTION -- CiTY OF IOWA CITY ORDINANCE VIOLATION
The City of Iowa City, Iowa vs.
DEFENOANTNAME:Ga~'~ey, B{&rtin & .~:ar¥ Beth LAST FIRST MIDDLE
324 Green Mountain Drive
ADDRESS:
Iowa City, IA 52245
City State Zip
The undersigned states that the Defendant did violate the Iowa City Code of Ordinances on
or about:
/23 /02 at 10; O0 ~ ] A.M. [ ] P.M., at
Mo. Day Yr
AddressotVlolation(s):324 Green ,~{ountain Drive
Iowa City, IA
Defendant herein did violate Section 14'~CU- 3
of Ordinances of the City of Iowa City, Iowa, a~fbltews: ~; ....
New residence occup~d;~wit~u¥~-a
certificate of occu~y, c3
CIVIL PENALTY AND COURT COSTS TO BE
PAID AT THE TIME AND PLACE OF THE
COURT APPEARANCE SHOWN ON THE
CITATION. PAYMENT MUST BE MADE BY
CASH OR CHECK TO CLERK OF COURT,
COURTHOUSE, JOHNSON COUNTY, IOWA.
of the Code
c,V LTY A . .SsE O0. OD
cot,'~q't ~{~STS: ~
.~-.
TOTAL: $
Defendant ia fo~hwlth dlr~ted to pay the civil penalty and to cormcVcease lhe
vl°latl°nasf°ll°wS:cO~p~e~e necessary i~prove-
merits to receive certificate of
occupancy.
TO ANSWER THE CFIARGES ON THIS CITATION, YOU MUST APPEAR IN COURT ON
1 / 31. / 02 at 8: O0 x~ ] A.M. [ ] P.M.
Mo Day Yr.
iN THE COURT AT JOhnSon County ~{agistrate Court
FAILURE TO APPEAR IN COURT WITI~OUT GOOD CAUSE WILL RESULT IN JUDGEMENT
FOR THE CIVIL PENALTY AND COURT COSTS AND AN ORDER TO CORRECT/ABATE
THE VIOLATION(S) BEING ENTERED AGAINST YOU.
The undersigned attests, tha~Ll~ matters herein are true and correct. ,
By City Employe~ ,I O,l~r.~?~ ~'~ ,'3 ~. Title~eV.
Dated: 1 / 24 / 02 PhoneNumber:35d-513/'
Mo. Day Yr
Spec.
JOHNSON COUNTY SHERIFF'S DEPARTMENT
P.O. BOX 2540
IOWA CITY, IA 52244-2540
Ol/28/o2
* RETURN OF SERVICE *
CP#: 000020020572
DOCKET: 000000001495
AGENCY: 000020020572
PLTF: IOWA CITY,CITY OF
VS.
DFND: GAFFEY,MARTIN
0005104
TO: IOWA CITY HOUSING DEPT
410 E WASHINGTON ST
FEES COLLECTIBLE
SERVICE:
MILEAGE:
RETURN :
MISC1 :
MISC2 :
OTHER :
25 00
3 78
0 0O
0 50
0 00
0 00
IOWA CITY IA 52240 TOTAL : 29.28
PAID : 0.00
DUE : 29.28
COURT OF ORIGIN: JOHNSON CO
ORIGINAL RETURN OF SERVICE FOR COURT CASES ---7 ..... ~,':5.'7-.-~-,:--12~¢ ....
SENT TO ORIGINATING CLERK OF COURT
UPON PAYMENT OF SHERIFF' S FEES
CP#/PARTY : 000020020572-01
PARTY NAME: GAFFEY,MARTIN
324 GREEN MOUNTAIN DR
IOWA CITY IA 52245
SSN: - -
SERVICE LOCATION: 306 SCOTT CT
IOWA CITY ,IA
PROCESS TYPES:CITATION
COMMENTS:
SEX: MALE
HEIGHT:
HAIR: BLK
SSN: -
RELATION:
STATUS: SERVED ATTEMPTS: 2
SERVICE DATE: 01/25/02 TIME: 14:45
SERVICE TYPE: PERSONAL
SERVER: 05221 WELSH,DAVID A
BY SERVING: GAFFEY,MARTIN
RACE: WHITE
DOB: 00/00/00
WEIGHT:
EYES:
I CERTIFY ABOVE INFORMATION TO BE TRUE AND CORRECT ~
SIGNATURE DATE
DEPUTY SHERIFF
JOHNSON COUNTY SHERIFF'S OFFICE