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Defendant has filed a denial of claim and this matter should be set for trial. A Non Jury Trial is scheduled on 02 / 17 / 2014 at 09:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If either party desires that the trial be reported by a certified court reporter, that party must arrange for and pay for the costs of such reporting.
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Titre original
Judgment against Schaller man in the amount $1,000
Defendant has filed a denial of claim and this matter should be set for trial. A Non Jury Trial is scheduled on 02 / 17 / 2014 at 09:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If either party desires that the trial be reported by a certified court reporter, that party must arrange for and pay for the costs of such reporting.
Defendant has filed a denial of claim and this matter should be set for trial. A Non Jury Trial is scheduled on 02 / 17 / 2014 at 09:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If either party desires that the trial be reported by a certified court reporter, that party must arrange for and pay for the costs of such reporting.
E-FILED 2013 DEC 10 9:11 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 10 9:11 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2013 DEC 30 2:55 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JAN 13 11:58 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
WILLIAM P CULLEN ,
Plaintiff(s), Case No: 02811 SCSC015378
vs. Order Setting Small Claim Trial
TERRY L PULLEN ,
Defendant(s).
The defendant has filed a denial of claim and this matter should be set for trial. If either party believes that the trial will last more than one (1) hour, that party should promptly notify the Clerk of Court.
A Non Jury Trial is scheduled on 02/17/2014 at 09:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
The Court will electronically record the trial. If either party desires that the trial be reported by a certified court reporter, that party must arrange for and pay for the costs of such reporting.
Clerk to provide copies to: Plaintiff Defendant 1 of 2 E-FILED 2014 JAN 13 2:32 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SCSC015378 WILLIAM P. CULLEN VS TERRY PULLEN Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-01-13 14:32:59 2 of 2 E-FILED 2014 JAN 13 2:32 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 FEB 14 10:05 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
WILLIAM P CULLEN
Petitioner,
VS
TERRY L PULLEN
Respondent.
02811 SCSC015378
ORDER
Motion to continue is sustained. The attorneys shall jointly contact the clerk and reschedule.
1 of 2 E-FILED 2014 FEB 17 1:00 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SCSC015378 WILLIAM P. CULLEN VS TERRY PULLEN Type: OTHER ORDER So Ordered Electronically signed on 2014-02-17 13:01:54 2 of 2 E-FILED 2014 FEB 17 1:00 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 10 3:08 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 10 3:08 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
WILLIAM P CULLEN
Petitioner,
VS
TERRY L PULLEN
Respondent.
02811 SCSC015378
ORDER
The replevin statute specifically states that no other action shall be joined with a replevin action including counterclaims. Therefore the motion is denied. If defendant desires to pursue the action then he must do so by filing and independent claim.
1 of 2 E-FILED 2014 MAR 11 11:39 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SCSC015378 WILLIAM P. CULLEN VS TERRY PULLEN Type: OTHER ORDER So Ordered Electronically signed on 2014-03-11 11:39:11 2 of 2 E-FILED 2014 MAR 11 11:39 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
WILLIAM P CULLEN ,
Plaintiff(s), Case No: 02811 SCSC015378
vs. Order Setting Small Claim Trial
TERRY L PULLEN ,
Defendant(s).
The defendant has filed a denial of claim and this matter should be set for trial. If either party believes that the trial will last more than one (1) hour, that party should promptly notify the Clerk of Court.
A Non Jury Trial is scheduled on 05/12/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
The Court will electronically record the trial. If either party desires that the trial be reported by a certified court reporter, that party must arrange for and pay for the costs of such reporting.
Clerk to provide copies to: Plaintiff Defendant 1 of 2 E-FILED 2014 APR 15 8:43 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SCSC015378 WILLIAM P. CULLEN VS TERRY PULLEN Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-04-15 08:43:57 2 of 2 E-FILED 2014 APR 15 8:43 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
WILLIAM P CULLEN
Petitioner,
VS
TERRY L PULLEN
Respondent.
02811 SCSC015378
ORDER
This matter came before the court for hearing pursuant to written notice. Both parties appeared in person along with their attorneys William Alexander for petitioner and David Jennett for respondent. Both parties testified and the petitioner offered his exhibits 1 - 8. All were received except Exhibit 4 which was rejected on the grounds of relevancy and as hearsay. Based on the record presented the court finds that the petitioner is the owner of a certain 2000 Yamaha Quad a.k.a. four wheeler which he received as a gift from his mother. That vehicle was stored at the respondent's residence in Schaller, Iowa both inside a storage building and a newly constructed garage as well as outside at various times. At a point in time the respondent's stepdaughter, Crystal Cullen, (the petitioner's then current and now former wife) allegedly gave respondent the right to retain possession of the four wheeler as security for a $500 loan made to pay the utility bill for the couple. During the course of the dissolution proceedings between petitioner and Crystal the loan was repaid by Crystal and a receipt obtained, on which receipt the respondent allegedly noted that such payment did not relieve petitioner of amounts allegedly owed by him to the respondent. During the course of the dissolution proceedings petitioner's attorney sent three separate letters to respondent on March 1, 2012 (plaintiff's Exhibit 5); October 16, 2012 (plaintiff's Exhibit 6); and October 18, 2013 (plaintiff's Exhibit 7); all of which the respondent admits receiving and ignoring. At no time did the petitioner authorize retention of the four wheeler as security for any amounts allegedly owed by him to the respondent. Further at no time prior to the commencement of these proceedings did the respondent claim that the four wheeler had been taken from his possession. Respondent's contention at this time is that the four wheeler was taken from his possession at a time unknown to him while parked in the area between his garage and his neighbor's garage. He filed a 1 of 3 E-FILED 2014 MAY 12 11:57 AM SAC - CLERK OF DISTRICT COURT report to the Schaller Police Department stating that on or about March 2013 he noticed that the four wheeler was missing. Based on the foregoing findings of fact the court determines that the respondent did maintain possession of the four wheeler adverse to the claim of the petitioner and despite numerous requests that it be turned over to the petitioner, and as such was responsible for its safe-keeping. Therefore the court finds that the petitioner is entitled to possession of the four wheeler. It is therefore ORDERED that the respondent must either turn over possession of the four wheeler to the petitioner by no later than 5:00 PM on May 26, 2014, or alternatively, on May 27, 2014 money judgment shall be entered in favor of the petitioner and against the respondent in the amount of $1,000 which the court determines to be the fair value of the four wheeler. Court costs are taxed to the respondent.
2 of 3 E-FILED 2014 MAY 12 11:57 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SCSC015378 WILLIAM P. CULLEN VS TERRY PULLEN Type: OTHER ORDER So Ordered Electronically signed on 2014-05-12 11:57:56 3 of 3 E-FILED 2014 MAY 12 11:57 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
WILLIAM P CULLEN
Petitioner,
VS
TERRY L PULLEN
Respondent.
02811 SCSC015378
ORDER
The court has not heard from either attorney regarding the status of this matter. The court needs to know whether the vehicle was returned or whether a money judgment should be ordered in addition to awarding costs. Both attorneys shall file a written update by not later than June 6, 2014 at 4:30 p.m.
1 of 2 E-FILED 2014 JUN 02 11:20 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SCSC015378 WILLIAM P. CULLEN VS TERRY PULLEN Type: OTHER ORDER So Ordered Electronically signed on 2014-06-02 11:20:11 2 of 2 E-FILED 2014 JUN 02 11:20 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUN 04 4:00 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUN 05 9:29 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
WILLIAM P CULLEN
Petitioner,
VS
TERRY L PULLEN
Respondent.
02811 SCSC015378
ORDER
In accordance with the court's prior order, since the vehicle which is the subject matter of this action has not been returned to the plaintiff, the court orders that jusgement be entered in favor of the plaintiff and against the defendant in the amount of $1,000 plus interest at the rate of 2.11% per annum from the date of filing and for the costs of this action.
1 of 2 E-FILED 2014 JUN 05 1:48 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title SCSC015378 WILLIAM P. CULLEN VS TERRY PULLEN Type: OTHER ORDER So Ordered Electronically signed on 2014-06-05 13:47:55 2 of 2 E-FILED 2014 JUN 05 1:48 PM SAC - CLERK OF DISTRICT COURT