• IN THE IOWA DISTRICT COURT FOR...

IN THE IOWA DISTRICT COURT FOR CLINTON COUNTY

CVCV044168

ORIGINAL NOTICE

FOR PUBLICATION
:

TERRY L. DELARM and MOLLIE S. DELARM, husband and wife,
Plaintiffs, :

vs.

GARY L. VANCE,
Defendant. :



TO THE ABOVE-NAMED DEFENDANT:



You are notified that on September 5, 2017 a Petition was filed in the office of the clerk of this court naming you as a defendant in this action, which Petition prays:



Terry L. DeLarm and Mollie S. DeLarm, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common, are the record holders of fee simple title in and to the real property situated in Clinton County, Iowa and legally described as follows, to-wit:



The West Half of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Southeast Quarter of Section 31 in Township 83 North, Range 5, East of the 5th P.M. Also a 30 foot strip of land commencing at a point at the Southeast corner of the Southwest Quarter of the Southeast Quarter and running North to the main highway of Section 30 in Township 83 North, Range 5, East of the 5th P.M., which said strip was conveyed to Christopher Andresen by Warranty Deed recorded in Book 72, Page 30 of the Records of Clinton County, Iowa. (the “Real Property”).



Despite having no legal authority to remain in possession of any portion of the Real Property, Defendant has failed and refused to vacate the Real Property and to turn over possession thereof to Plaintiffs. Defendant has failed and refused to remove Defendant’s personal property including, but not limited to, junked and inoperable motor vehicles, machinery and equipment, from Plaintiffs’ Real Property.



1. FIRST CLAIM FOR RELIEF- Recovery of Real Property



Defendant has unlawfully kept, and continues to keep, Plaintiffs out of full and complete possession of the Real Property. Plaintiffs are entitled to immediate possession of the Real Property. Defendant holds no ownership or leasehold interest in the Real Property. Defendant has no legal right, title, or interest in and to the Real Property. All consent, authority, and permission granted to Defendant to remain in possession of the Real Property, or any part thereof, has been revoked and terminated.

Plaintiffs are entitled to an order setting this matter immediately for hearing and following such hearing that the Court enter a temporary writ of possession placing Plaintiffs in immediate possession of the Real Property and requiring the immediate removal at Defendant’s expense of all Defendant’s personal property from the Real Property.

Following a trial on the merits Plaintiffs are entitled to judgment in favor of Plaintiffs and against Defendant, Gary L. Vance, granting Plaintiffs permanent possession of the Real Property to the full and complete exclusion of Defendant and issuing a writ of possession in favor of Plaintiffs, and requiring the immediate removal at Defendant’s expense of all Defendant’s personal property from the Real Property.

Plaintiffs are entitled to judgment in favor of Plaintiffs and against Defendant awarding damages in an amount which will fully, fairly and adequately compensate Plaintiffs for the damages incurred as the result of Defendant’s wrongful and unlawful acts and continued unlawful presence upon and possession of the Real Property together with interest thereon at the highest legal rate, awarding Plaintiffs exemplary damages in an amount to be determined by the trier of fact, assessing to Defendant the costs of this action, including Plaintiffs’ reasonable attorney fees.



2. SECOND CLAIM FOR RELIEF -Trespass



Defendant has intentionally, without consent or authorization from Plaintiffs, continued to keep and store various items of personal property on the Real Property. Defendant has willfully failed and refused to remove Defendant’s personal property from Plaintiffs’ Real Property. Defendant ’s willful failure and refusal to remove Defendant’s personal property from the Plaintiffs’ Real Property constitutes an unlawful trespass by Defendant. Defendant’s willful failure and refusal to remove Defendant’s personal property from the Plaintiffs’ Real Property has substantially interfered with the exclusive possession, use, and enjoyment by the Plaintiffs of the Real Property. Plaintiffs have incurred damages as the result of Defendant’s willful failure and refusal to remove Defendant’s personal property from Plaintiffs’ Real Property.

Plaintiffs are entitled to damages in an amount which will fully, fairly and adequately compensate Plaintiffs for their damages as provided by law, together with interest thereon at the highest legal rate, and assessing to Defendant the costs of this action, including Plaintiffs’ reasonably attorney fees.



3.THIRD CLAIM FOR RELIEF -Nuisance

Defendant has failed and refused to remove miscellaneous personal property including, but not limited to, junked and inoperable motor vehicles, equipment and machinery from Plaintiffs’ Real Property, all of which are an obstruction to the free use by Plaintiffs of the Real Property, so as to interfere with the comfortable enjoyment of life or property, and therefore, constitutes a private nuisance under both Iowa Code §§ 657.1 (2017) and the common law.

Plaintiffs are entitled to damages in an amount which will fully, fairly and adequately compensate Plaintiffs for their damages as provided by law, together with interest thereon at the highest legal rate, and assessing to Defendant the costs of this action, including Plaintiffs’ reasonably attorney fees.



4. FOURTH CLAIM FOR RELIEF - Forcible Entry and Detainer
Plaintiffs are the owners of the Real Property. Defendant had possession of the house situated on the Real Property and other areas of the Real Property as provided in the Addendum. Defendant’s authorization to possess and occupy the Real Property terminated on July 31, 2017. Thereafter, Plaintiffs served Defendant with a written 3-day notice to quit in accordance with the Addendum. Defendant has remained in possession of the Real Property by reason of Defendant’s failure and refusal to remove Defendant’s personal property from the Real Property.

Plaintiffs are entitled to a hearing on this matter, and that on such hearing Defendant be adjudged liable for forcible entry and detainer of the Real Property, and that Plaintiffs be forthwith put in possession under execution and that Plaintiffs have judgment for the costs of this action, including Plaintiffs’ reasonable attorney fees.



5. FIFTH CLAIM FOR RELIEF -Abandoned Personal Property

Plaintiffs have previously requested that Defendant remove the foregoing personal property from the Real Property. Defendant has previously declined to remove the personal property from Plaintiffs’ Real Property, stating Defendant no longer intended to possess the personal property, and thereby abandoning the personal property and relinquishing any claim to the personal property. Plaintiffs have been in possession of the foregoing personal property following Defendant’s abandonment thereof, which personal property remains situated on Plaintiffs’ Real Property and by reason of which Plaintiffs have a right to possession thereof. Plaintiffs have no adequate remedy at law in that the removal and storage of such personal property under Iowa Code § 556B is neither practicable nor feasible.

Plaintiffs are entitled to judgment in favor of Plaintiffs and against Defendant, Gary L. Vance, finding and declaring that Defendant has abandoned the personal property including, but not limited to, junked and inoperable motor vehicles, equipment and machinery, which he voluntarily left on Plaintiffs’ Real Property, and that Plaintiffs have the right to dispose of all such personal property by public auction, private sale, or otherwise as Plaintiffs deem in their sole discretion to be practicable, and to retain the net proceeds thereof; assessing to Defendant all of Plaintiffs’ costs and expenses incurred herein, including Plaintiffs’ reasonable attorney fees; and granting such other and further relief as the Court deems just and proper.



6. SIXTH CLAIM FOR RELIEF - Injunction

As provided under I.R.Civ.P. 1.1501 and 1.1502, Iowa Code §657.1 (2017), and the common law, Plaintiffs are entitled to injunctive relief, both temporary and permanent, enjoining and abating the nuisance created by Defendant’s failure and refusal to remove Defendant’s miscellaneous personal property including, but not limited to, junked and inoperable motor vehicles, machinery, and equipment, from Plaintiffs’ Real Property and the Defendant’s continual acts of trespass.

Plaintiffs are entitled to a temporary injunction during the pendency of this action, and following a trial on the merits a permanent injunction, mandating and requiring Defendant, Gary L Vance, to remove at Defendant’s expense all of Defendant’s personal property including, but not limited to, junked and inoperable motor vehicles, machinery, and equipment, from Plaintiffs’ Real Property; assessing to Defendant the costs of this action, including Plaintiffs’ reasonable attorney fees, and granting such other and further relief as the Court deems just and proper.



DEMAND FOR JURY TRIAL. Pursuant to I.R.Civ.P. 1.902, Plaintiffs hereby demand a trial by jury on all issues in the above-captioned cause.



HEARING ON PETITION FOR TEMPORARY INJUNCTION AND IMMEDIATE POSSESSION. An Order Setting Hearing on Plaintiff’s Petition for Temporary Injunction and Immediate Possession was entered September 5, 2017. Hearing is scheduled for September 26, 2017 at 1:30 p.m. before the Presiding Judge in the District Courtroom of the Clinton County Courthouse, 612 North Second Street, Clinton, Iowa.



The name and address of the attorney for the Plaintiffs’ is Steven J. Kahler of Schoenthaler, Bartelt, Kahler & Reicks, whose address is 123 North Main Street, Maquoketa, IA 52060. The attorney’s phone number is 563-652 -4963; facsimile number is 563-652-4965; and email address is skahler@srbk.com.



You must serve a motion or answer on or before October 23, 2017 and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Clinton County, at the courthouse in Clinton, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition.



You are further notified that the above case has been filed in a county that utilizes electronic filing. 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 563-328-4145. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).



IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE TO PROTECT YOUR INTERESTS.
Dates of second and third publication: Sept. 26 & Oct. 3, 2017.

Published: September 19 & 26 and October 3, 2017.



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CLINTON COUNTY

ATTORNEY

JUVENILE NO.

JVJV005565, 5566



NOTICE OF HEARING IN THE JUVENILE COURT

IN AND FOR CLINTON COUNTY, IA

IN THE INTERESTS OF: M.W. DOB 8/21/2008 and M.W. DOB 1/25/2010



TO SAID: Ashley Felkins, mother, and/or any and all unknown putative fathers of said child.



You are hereby notified that there is now on file in the Office of the Clerk of the Juvenile Court in the Clinton County Courthouse, Clinton, Iowa, a Petition filed at the direction of the Juvenile Court alleging that said child is in need of assistance pursuant to Iowa Code sections 232.96, as defined by 232.2(6)(b),(c)(1),(c)(2),(d) and (n). The Petitioner's attorney is Cheryl Newport, Assistant County Attorney. You are hereby further notified that the Court has set an Adjudicatory Hearing for October 18, 2017, at 2:00 pm on the 2nd floor of the Clinton County Courthouse in Clinton, IA, at which time you are directed to be present. You are further notified of your right to counsel if you desire, but if you are unable to employ counsel, such counsel shall be appointed by the Court, pursuant to section 232.89.
Kim R. Hess, Clerk of Court
612 No. 2nd St., Box 2957
Clinton, IA 52733-2957
Phone: (563) 243-6213

Dates of second and third publication: October 3 & 10, 2017

Published: September 26 & October 3 & 10, 2017.
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PostedOctober 11, 2017