IN THE IOWA DISTRICT COURT FOR GRUNDY COUNTY

HAHN ROOFING, INC. Plaintiff

NO. EQCV058893

Vs

MOTION TO DISMISS

COLLEEN COLLINS Defendant, pro se ______________________________________________________________________________ COMES NOW Colleen A. Collins, Defendant pro se in the above captioned equity and prays the court for release of the Mechanics Lien unjustly filed by Plaintiff, Robert Maddox IV, alleging to be President/Claimant of Hahn Roofing Inc. (herein after collectively referred to as HRI) on legal grounds set forth.

Defendant states in resistance:

1. That the Mechanics Lien Statement is a slander of title, filed in bad faith and malicious intent. 2. That the Mechanics Lien Statement and attempted Foreclosure is based on a defective and unenforceable contract that Hahn Roofing Inc. breached on multiple levels, including breach of warranty. 3. Claimant is in violation of the Iowa Consumer Fraud Act to defraud not only the Defendant and the Court, but on a larger scale, any and all potential consumers subject to HRI's false advertising and deceptive trade practices (Iowa Code

572.24(2) which provides a vehicle against persons wrongfully filing mechanics liens. In addition, (Iowa Code 714.16) 4. That the Plaintiff/Claimant falsifies his title, testifying under penalty of perjury that he is the President of Hahn Roofing and a contractor thereunder which is false. Plaintiff, Robert Maddox IV does not reveal his name on the Petition to Foreclose although his name is stated on the Mechanics Lien Statement. 5. That Mechanics Lien Statement and Petition of Foreclosure on Mechanics Lien has a contact address unrelated to HRI. The business address given is Mid Continent Acquisition Company in which Robert Maddox IV seemingly is not affiliated, according to the Iowa Secretary of State's official documentation. 6. Official documentation from the Louisiana Secretary of State affirms that Robert Maddox IV, his attorney Ernest Kersten, and Larry Covey have a business connection, although the record in Iowa omits Maddox and Kersten. 7. HRI's business addresses are traced to abandoned businesses and vacant lots, such as the address filed with the Cedar Valley Chamber of Commerce in May, 2010 (1925 Center St. Cedar Falls Ia. 50613) where HRI rented warehouse space on the property of City Builders to store their supplies. The storage space has been torn down and the present address is a barren field. 8. The information provided by Plaintiff is defective, fraudulent, perjurious, and notarized by Plaintiffs attorney in which he has a vested interest and is in violation of the Notary Public National Code of Professional Conduct. 9. Robert Maddox IV's testimony is made not strictly on fact but to the best of his knowledge and belief according to Robert Maddox, who falsely claims to be

President of Hahn Roofing and who falsely claims Hahn Roofing fulfilled all their contractual obligations and is asking for compensation for two entirely different dollar figures (while stating that both are True) in the Petition to Foreclose on Mechanics Lien. 10. The Mechanics Lien Statement claims that $8900.00 is owing. The Petition to Foreclose intentionally over exaggerates this figure by submitting an additional amount of $11,960.00. 11. Hahn Roofing's crew of suspected unlicensed, incompetent Eskimos from Indiana (as they were referred to by the boss) caused extensive damage which progressively is becoming critical to the very foundation of the home and the cost for repairs far exceeds the cost of the roofing. Defendants home will assuredly be devalued and perhaps condemned due to the shoddy repairs; ripping off the gutters and hauling them away leaving gaping holes in the roof, exposing the attic to the elements and possible mold formation. Defendants home was meticulously insulated in 2008, but the crew plucked the insulation from the attic and hauled it away. What they did not haul away, was the rotten shingles they scraped off which remained to destroy the landscaping. 12. That HRI hired out of state unlicensed workers and did not give notice to Defendant that the job would be subcontracted out to a family of Eskimos from Indiana, that critically damaged the home by their incompetent and shoddy workmanship. 13. That the Mechanics Lien Statement was untimely filed, approximately one year after the work was allegedly completed.

14. Robert Maddox IV's testimony is made not strictly on fact but to the best of his knowledge and belief according to Robert Maddox who falsely claims to be President of Hahn Roofing and who falsely claims Hahn Roofing fulfilled all their contractual obligations and is asking for compensation for two entirely different dollar figures (while stating that both are True). 15. HRI's Contract is deficient in that mandatory clauses that are legally required to deem a contract valid are nonexistent, nor were they verbally mentioned to Defendant .No lien waivers. No warranties. No list of subcontractors.

One such example as follows: 555A.2 Contract. Every seller shall furnish the buyer with a fully completed receipt or copy of any contract pertaining to a door-todoor sale at the time of its execution, which is in the same language as that principally used in the oral sales presentation and which shows the date of the transaction and contains the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in boldface type of a minimum size of ten points, a statement in substantially the following form: You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. [C75, 77, 713B.2; C79, 81, 82.2] C93, 555A.2 2011 IOWA CODE/Statutes (Code Chapters &Sections)/TITLE XIV PROPERTY/SUBTITLE 1 PERSONAL PROPERTY/CHAPTER 555A DOOR-TO-DOOR SALES/555A.2 Contract. 16. The original Contract was altered with white out. Extensive exhibits proving Defendant's testimony are being prepared and will be submitted shortly thereafter this preliminary filing. 17. That Plaintiff acted with the intent to deceive is an inescapable conclusion based upon the preponderance of evidence which shall be forthcoming.

18. That Defendant's property is protected under Homestead status.

Wherefore, the Defendant respectfully requests the Court to dismiss and expunge the Mechanics Lien filed in bad faith and hold Plaintiff accountable for slandering of title, intent to defraud the Defendant, this Court, and all consumers that may have also suffered from HRI's deceptive business practices, and for such other and further relief as the Court deems just and equitable in the premises. Defendant holds Plaintiff accountable for all legal interests and costs, attorney fees and cost of the lien and demands to be compensated for the extensive damages that HRI has inflicted upon Defendant thus far.

Respectfully submitted,

Colleen Collins Defendant, pro se PO Box 316 Dike, IA. 50624 cccollins11@gmail.com Original Filed. Copy to: Ernest Kersten Attorney for Plaintiff Hahn Roofing ISBA14186 1609 220th St. Fort Dodge, IA. 50501 phone: 515-570-3776

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above case by service on each of the attorneys of record herein at their respective addresses disclosed on the pleadings by: CERTIFIED MAIL FAX on _December 14th, 2011.