8/12/2019 Judgment against Schaller man in the amount $1,000

1/25

8/12/2019 Judgment against Schaller man in the amount $1,000

2/25

E-FILED 2013 DEC 10 9:11 AM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

3/25

E-FILED 2013 DEC 10 9:11 AM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

4/25

E-FILED 2013 DEC 30 2:55 PM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

5/25

E-FILED 2014 JAN 13 11:58 AM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

6/25

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 partybelieves that the trial will last more than one (1) hour, that party should promptly notify the Clerk ofCourt.

A Non Jury Trial is scheduled on 02/17/2014 at 09:30 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa.

The Court will electronically record the trial. If either party desires that the trial be reported by acertified court reporter, that party must arrange for and pay for the costs of such reporting.

Clerk to provide copies to:PlaintiffDefendant

1 of 2

E-FILED 2014 JAN 13 2:32 PM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

7/25

State of Iowa CourtsCase Number Case TitleSCSC015378 WILLIAM P. CULLEN VS TERRY PULLENType: 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

8/12/2019 Judgment against Schaller man in the amount $1,000

8/25

E-FILED 2014 FEB 14 10:05 AM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

9/25

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

8/12/2019 Judgment against Schaller man in the amount $1,000

10/25

State of Iowa CourtsCase Number Case TitleSCSC015378 WILLIAM P. CULLEN VS TERRY PULLENType: 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

8/12/2019 Judgment against Schaller man in the amount $1,000

11/25

E-FILED 2014 MAR 10 3:08 PM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

12/25

E-FILED 2014 MAR 10 3:08 PM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

13/25

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 actionincluding counterclaims. Therefore the motion is denied. If defendant desires to pursue the actionthen 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

8/12/2019 Judgment against Schaller man in the amount $1,000

14/25

State of Iowa CourtsCase Number Case TitleSCSC015378 WILLIAM P. CULLEN VS TERRY PULLENType: 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

8/12/2019 Judgment against Schaller man in the amount $1,000

15/25

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 partybelieves that the trial will last more than one (1) hour, that party should promptly notify the Clerk ofCourt.

A Non Jury Trial is scheduled on 05/12/2014 at 10:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa.

The Court will electronically record the trial. If either party desires that the trial be reported by acertified court reporter, that party must arrange for and pay for the costs of such reporting.

Clerk to provide copies to:PlaintiffDefendant

1 of 2

E-FILED 2014 APR 15 8:43 AM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

16/25

State of Iowa CourtsCase Number Case TitleSCSC015378 WILLIAM P. CULLEN VS TERRY PULLENType: 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

8/12/2019 Judgment against Schaller man in the amount $1,000

17/25

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 inperson 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 4which 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 2000Yamaha Quad a.k.a. four wheeler which he received as a gift from his mother. That vehiclewas stored at the respondent's residence in Schaller, Iowa both inside a storage building and anewly constructed garage as well as outside at various times. At a point in time the respondent'sstepdaughter, Crystal Cullen, (the petitioner's then current and now former wife) allegedly gaverespondent the right to retain possession of the four wheeler as security for a $500 loan made topay the utility bill for the couple. During the course of the dissolution proceedings between petitionerand Crystal the loan was repaid by Crystal and a receipt obtained, on which receipt the respondentallegedly noted that such payment did not relieve petitioner of amounts allegedly owed by him to therespondent.

During the course of the dissolution proceedings petitioner's attorney sent three separate lettersto respondent on March 1, 2012 (plaintiff's Exhibit 5); October 16, 2012 (plaintiff's Exhibit 6); andOctober 18, 2013 (plaintiff's Exhibit 7); all of which the respondent admits receiving and ignoring. Atno time did the petitioner authorize retention of the four wheeler as security for any amounts allegedlyowed by him to the respondent. Further at no time prior to the commencement of these proceedingsdid 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 timeunknown 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

8/12/2019 Judgment against Schaller man in the amount $1,000

18/25

report to the Schaller Police Department stating that on or about March 2013 he noticed that the fourwheeler was missing.

Based on the foregoing findings of fact the court determines that the respondent did maintainpossession of the four wheeler adverse to the claim of the petitioner and despite numerous requeststhat 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 wheelerto 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 tothe respondent.

2 of 3

E-FILED 2014 MAY 12 11:57 AM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

19/25

State of Iowa CourtsCase Number Case TitleSCSC015378 WILLIAM P. CULLEN VS TERRY PULLENType: 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

8/12/2019 Judgment against Schaller man in the amount $1,000

20/25

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 toknow whether the vehicle was returned or whether a money judgment should be ordered in additionto awarding costs. Both attorneys shall file a written update by not later than June 6, 2014 at 4:30p.m.

1 of 2

E-FILED 2014 JUN 02 11:20 AM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

21/25

State of Iowa CourtsCase Number Case TitleSCSC015378 WILLIAM P. CULLEN VS TERRY PULLENType: 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

8/12/2019 Judgment against Schaller man in the amount $1,000

22/25

E-FILED 2014 JUN 04 4:00 PM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

23/25

E-FILED 2014 JUN 05 9:29 AM SAC - CLERK OF DISTRICT COURT

8/12/2019 Judgment against Schaller man in the amount $1,000

24/25

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 actionhas not been returned to the plaintiff, the court orders that jusgement be entered in favor of theplaintiff and against the defendant in the amount of $1,000 plus interest at the rate of 2.11% perannum 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

8/12/2019 Judgment against Schaller man in the amount $1,000

25/25

State of Iowa CourtsCase Number Case TitleSCSC015378 WILLIAM P. CULLEN VS TERRY PULLENType: OTHER ORDER

So Ordered

Electronically signed on 2014-06-05 13:47:55

E-FILED 2014 JUN 05 1:48 PM SAC - CLERK OF DISTRICT COURT