Judgment Against Schaller Man in The Amount $1,000

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
Type: OTHER ORDER
So Ordered
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


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
Type: OTHER ORDER
So Ordered
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
Type: ORDER SETTING TRIAL
So Ordered
2 of 2
E-FILED 2014 APR 15 8:43 AM SAC - CLERK OF DISTRICT COURT


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
Type: OTHER ORDER
So Ordered
3 of 3


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
Type: OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 JUN 04 4:00 PM SAC - CLERK OF DISTRICT COURT


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
Type: OTHER ORDER
So Ordered
2 of 2

Judgment Against Schaller Man in The Amount $1,000

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Judgment Against Schaller Man in The Amount $1,000

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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

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